Buckeye Place Sub PP
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LA WAND
DECISION & ORDER
RECEIVED
MAR 16 2006
City Of Meridian
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In the Matter of Annexation and Zoning (AZ) from RUT to R-4 and Preliminary Plat (PP)
approval of 16 building lots and 1 common/other lot on 4.99 acres, by John Fackelman.
Case No(s).: AZ-06-001, PP~06-01, and V AR-06-001
For the City Council Hearing Date of: March 21, 2006
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of March 21,2006
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of March 21,2006
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of March
21, 2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of March 21, 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 (LC. §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 §
II-5A.
4. Due consideration has been given to the comment(s) received ITom the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O6-001 ! PP-O6-00l! V AR-O6-00J - PAGE I of 4
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 March 21,
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 November 30,2005 is hereby conditionally approved;
2. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of March 21, 2006 incorporated by reference;
3. The applicant's Variance Request for cul-de-sac length to exceed the maximum of 450
feet is hereby approved.
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 ofthe 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 of the period in accord with II-6B-
7.A, the Director may authorize a single extension oftime to record the final plat not to
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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O6-001 ! PP-O6-00l! V AR-O6.001 - PAGE 2 of 4
final plat or short plat to comply with the current provisions of Meridian City Code
Title 11. If the 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 March 21,2006
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O6-001 ! PP-O6-00l! V AR-O6-001 . PAGE 3 of 4
By action of the City Council at its regular meeting held on the
,2006.
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED
COUNCIL MEMBER JOE BORTON
VOTED
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED
COUNCIL MEMBER KEITH BIRD
VOTED
TIE BREAKER
MAYOR TAMMY deWEERD
VOTED
MAYOR TAMMY de WEERD
ATTEST:
WILLIAM G. BERG, JR., CITY CLERK
Copy served upon:
Applicant
Planning Department
Public Works Department
City Attorney
By:
City Clerk's Office
Dated:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O6-00J ! PP-O6-001! V AR.O6-00l - PAGE 4 of 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21, 2006
STAFF REPORT
P & Z Commission Hearing
Hearing Date: 2/16/2006
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TO:
Planning & Zoning Commission
FROM:
Josh Wilson
Associate City Planner
884-5533
SUBJECT:
Buckeye Place Subdivision
. AZ*06-00 1
Annexation and Zoning of 4.99 acres from R2 (Ada County) to RA zone
. PP-06-00l
Preliminary Plat of 16 single-family building lots and 1 common lot on 4.99
acres in a proposed R-4 zone
. V AR-06-00l
Variance request to exceed the maximum cul-de-sac length of 450 feet
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, John Fackehnan, has applied for Annexation and Zoning (AZ) of 4.99 acres from R2 (Ada
County) to R-4 (Medium Low-Density Residential) and Preliminary Plat approval of 16 single family
residential lots and 1 connnon lot on 4.99 acres. The applicant has also requested a Variance (V AR) from
UDC 11-6C-3 for cul-de-sac length to exceed 450 feet, for the proposed Manship Place cul-de-sac, which
is approximately 600 feet long. The site is located east of Black Cat Road and south of Cheny Lane. This
site cuuently is currently vacant and has not been previously platted.
2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the
item on February 16, 2006. At the public hearing they moved to recommend approval.
a. Summary of Public Hearing:
i. In favor: Kevin Harris, Briggs Engineering
ii. In opposition: Mark Glines
iii. Commenting: None.
iv. Staff presenting application: Josh Wilson.
v. Other staff commenting on application: Mike Cole.
b. Key Issues of Discussion by Commission:
i. None.
c. Key Commission Changes to Staff Recommendation:
i. None.
d. Outstanding Issue(s) for City Council:
i. None.
3. PROPOSED MOTIONS
Approve
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-06-001,
PP-06-00 1, and V AR-06-00 1 as presented in the staff report for the hearing date of March 21, 2006, and
Buckeye Place Subdivision AZ-06-001, PP-06-00l, V AR-06-001
PAGEl
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21,2006
the preliminary plat labeled PRE, dated November 30, 2005 with the following modifications to the
conditions of approval: (add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-06-001, PP-
06-001, and V AR-06-00 1 as presented in the staff report for the hearing date of March 21, 2006, and the
preliminary plat labeled PRE, dated November 30, 2005 for the following reasons: (you must state
specific reason(s) for the denial.)
Continue (All Applications)
I move to continue the public hearing for File Numbers AZ-06-001, PP-06-001, and V AR-06-001 to (date
certain).
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
East ofN. Black Cat Road and south ofW. Cherry Lane
Section 10, T3N RI W
b. Owners:
John Fackelman
1291 N. Saw Creek Way
Meridian, ill 83642
c. Applicant:
John Fackelman
1291 N. Saw Creek Way
Meridian, ill 83642
d. Representative: Kevin Harris, Briggs Engineering
e. Present Zoning: R2 (Ada County)
f. Present Comprehensive Plan Designation: Medium Density Residential
g. Description of Applicant's Request:
1. Date of Preliminary Plat (attached as Exhibit AI): November 30,2005
2. Date of Landscape Plan (attached as Exhibit A2): December 21,2005
5. 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 5, a
public hearing is required before the City Council on this matter.
b. The subject application will in fact constitute a preliminary plat as determined by City
Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public
hearing is required before the City Council on this matter.
c. The subject application will in fact constitute a variance 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.
Buckeye Place Subdivision AZ-O6-00l, PP-O6~OOI, V AR-O6-001
PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21, 2006
b. Newspaper notifications published on: February 27 and March 13, 2006
c. Radius notices mailed to properties within 300 feet on: February 24,2006
d. Applicant posted notice on site by: February 11, 2005
6. LAND USE
a. Existing Land Use(s): Vacant agricultural land
b. Description of Character of Surrounding Area: Single family residential
c. Adjacent Land Use and Zoning
1. North: Existing residences in Pintail Pointe Subdivision, zoned R-4.
2. East: Existing residences in Rod's Parkside Creek Subdivision, zoned R-4.
3. South: Fuller Park, Ten Mile Creek, and existing residences in Castlebrook
Subdivision, zoned R-4.
4. West: Existing residences in Coral Creek Subdivision, zoned R-4.
d. History of Previous Actions: None.
e. Existing Constraints and Opportunities:
1. Public Works
Location of sewer: This property will sewer to a future sewer trunk to the
south that is being installed as a City of Meridian project. Public Works expects
to begin construction by the beginning of March.
Location of water: There is water stubbed in N. Manship Place.
Issues or concerns: There exists the possibility that sewer will not be available
this spring and will have to be delayed until fall of 2006.
2. Vegetation: None.
3. Flood plain: 100 year floodplain on Lot 9, Block 1
4. CanalslDitches/Irrigation: Ten Mile Creek is located on the south and west
boundaries of the property.
5. Hazards: None.
6. Proposed Zoning: R-4
7. Size of Property: 4.99 acres
f. Subdivision Plat Infonnation
1. Residential Lots: 16
2. Non-residential Lots: 1
3. Total Building Lots: 16
4. Common Lots: 1
5. Other Lots: N/A
6. Total Lots: 17
Buckeye Place Subdivision AZ-06-001, PP-06-001, V AR-06-00l
PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21,2006
7. Open Lots: 1
8. Residential Area: 4.99 acres
9. Gross Density: 3.21 units per acre (3.72 net density)
g. Landscaping
1. Width of street buffer(s): None required. Street buffers are not required on any
internal, local streets.
2. Width ofbuffer(s) between land uses:
N/A
3. Percentage of site as open space: .25 acres/5.00%
4. Other landscaping standards: Landscaping adjacent to micro-paths should comply
with UDC 11-3B-12. Common open space lots should include at least one deciduous
shade tree per 8,000 square feet (UDC 11- 3G-3E2).
h. Proposed and Required Non-Residential Setbacks: per the R-4 zone for detached single family
R-4 Standard
Front (Living area)
Front (Garage)
Side
15 feet
20 feet
Rear
5 feet
15 feet
Max. Building Height
35 feet
Min. Lot Size 8,000 square feet
Min. Street Frontage 60 feet
i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access
to the development will be from a proposed extension to N. Manship Place. Please see ACHD
report for details.
7. COMMENTS MEETING
On January 27, 2006 Plarming Staff held an agency comments meeting. The agencies and departments
present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department,
Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments
and recommended actions as Conditions of Approval in the attached Exhibit B.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use
Map. Medium density residential areas are anticipated to contain from three to eight dwellings per acre
(see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 16 single-family lots
on 4.99 acres for a gross density 00.21 dwelling units/acre. Staff finds that the following Comprehensive
Plan policies apply to this application:
.
Chapter VII, Goal III, 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 plannèd 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:
Buckeye Place Subdivision AZ-06-001, PP-06-00I, V AR-06-00l
PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21, 2006
.
Sanitary sewer and water service will be extended to the project at the developer's
expense.
The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District.
Once annexed the lands will be under the jurisdiction of the Meridian City Fire
Department, who currently shares resource and personnel with the Meridian Rural Fire
Department.
The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office.
Once annexed the lands will be serviced by the Meridian Police Department (MPD).
The roadways adjacent to the subject lands are currently owned and maintained by the
Ada County Highway District (ACHD). This service will not change.
The subject lands are currently serviced by the Meridian School District #2. This service
will not change.
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 Iandwuse 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.
Staff believes that the subject applications comply with the policies listed in the literature noted
above.
.
Chapter VI, Goal II, Obj ective 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.
Staffis supportive of the proposed pedestrian connection to the adjacent public park.
.
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. Staff finds that the existing residential properties to
the south, north, east and west 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 fauúly, multi-fauúly, townhouses, duplexes,
aparlments, condouúniums, 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. Staff finds that the requested zoning
designation contributes to the variety of residential zoning categories in this area and is
generally consistent with the Comprehensive Plan designation for this site.
Buckeye Place Subdivision AZ-06-00l, PP-06-001, V AR-06-001
PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21, 2006
9. ZONING ORDINANCE
a. Zoning Schedule of Use Control: UDC 11-2A-2lists single-family developments as a
Pennitted Use.
b. Purpose Statement of Zone: The purpose of the 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.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
ANNEXATION 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 development and a good infill
project. Please see Exhibit D for detailed analysis of facts and findings.
The annexation legal description submitted with the application (prepared on November 30, 2005
by Wayne Barber, PLS) shows the property as contiguous to the existing corporate boundary of
the City of Meridian. .
That the applicant will be responsible for all costs associated with the sewer and water service
extension. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service, per City Ordinance Section 5-7-517, when services are
available from the City of Meridian. Wells may be used for non-domestic purposes such as
landscape irrigation.
That all future development of the subject property shall be constructed in accordance with City
of Meridian ordinances in effect at the time of development. All future uses shall not involve
uses, activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason of excessive production
of traffic, noise, smoke, fumes, glare or odors.
1. Multi-use Pathway Connection: The applicant has proposed to continue the pedestrian
pathway on Lot 11, Block 1 to connect to the public multi-use pathway located along
Ten Mile Creek. A requirement to construct this pathway shall be included in the
Development Agreement.
2. Lot 9. Block 1: Lot 9, Block 1 is a common open space lot which is to be donated to
the Meridian Parks Department. Although this lot is only 225:1: square feet, it will
facilitate the efficient routing of the multi-use pathway located along Ten Mile Creek.
The applicant's offer to donate this parcel to the Meridian Parks Department shall be
included in the Development Agreement.
Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into
between the City of Meridian, property owner (at the time of annexation ordinance adoption), and
the developer. The applicant shall contact the Citv Attorney. Bill Nary. at 888-4433 to initiate this
process within 18 months of City Council approval of the annexation request. The DA shall
incorporate the following:
. All future uses shall not involve uses, activities, processes, materials, equipment and
Buckeye Place Subdivision AZ-06-001, PP-06-001, V AR-06-001
PAGE 6
CITY OF MERJDlAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21, 2006
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.
. All future development of the subject property shall be constructed in accordance with City
of Meridian ordinances in effect at the time of development.
. The applicant will be responsible for all costs associated with the sewer and water service
extension.
. Any existing domestic wells and/or septic systems within this project will have to be removed
from their domestic service, per City Ordinance Section 5-7-517, when services are available
from the City of Meridian. Wells may be used for non-domestic purposes such as landscape
irrigation.
. Prior to issuance of any building permit, the subject property shall be subdivided in
accordance with the City of Meridian Unified Development Code.
. Lot 9, Block 1 shall be donated to the Meridian Parks Department.
. The applicant shall construct the off-site connection to the multi-use path along Ten Mile
Creek prior to issuance of any Certificate of Occupancy for the subdivision.
PRELIMINARY PLAT ANALYSIS: Based on the policies and goals contained in the
Comprehensive Plan and the general compliance of the proposed development with the Zoning
Ordinance, staff believes that this is a good location for the proposed single-family residential
products. Please see Exhibit D for detailed analysis offacts and findings.
1. Landscaped Open Space: The applicant is proposing to set aside .25 acres (5.00% of the
property) for open space in a lot, which contains a stonn water retention area and a
pedestrian connection to Fuller Park to the south and staff is supportive of the design.
There is no minimum landscaped open space required by ordinance, because the property
in less than five acres in size.
2. No Parkin!!: No on-street parking shall be allowed along Lots 1 and 18, Block 1,
adjacent to the landscape island. The street shall be signed as "No Parking" per the
Meridian Fire Department's comments.
3. Cul-de-Sac Variance: Due the shape of the parcel and the inability to connect to any stub
streets due to the pattern of existing development surrounding the property, N. Manship
Place exceeds the maximum cul-de-sac length allowed by the Unified Development
Code. The applicant has submitted a variance application that will be considered by City
Council. Due to the fact that the adjoining properties have all developed without
additional stub streets, staff supports the variance request.
4. Minimum House Size: The R-4 zone has a minimum house of 1,400 square feet and all
homes within the proposed subdivision shall meet this requirement.
5. Pressure Irri!!ation: The City of Meridian requires that pressurized iITigation 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 [mal 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
UDC 11-3A-15 and MCC 9-1-28.
Buckeye Place Subdivision AZ-06-001, PP-06-001, V AR-06-00l
PAGE 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21,2006
6. Fencing: The applicant has not submitted a detailed fencing plan (on the landscape plan
dated December 21,2005) with the preliminary plat application for the subdivision. Any
perimeter fencing must be completed prior to issuance of building permits. All fences
should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing
should be installed in accordance with UDC 11-3A-7.
7. Common Areas: Maintenance of all common areas shall be the responsibility of the
Buckeye Place Home Owners' Association.
8. Ditches, Laterals, and Canals: Per ODC 11-3A-6 all iITigation ditches, laterals or canals,
exclusive of natural waterways and watelWays being used as amenities, that intersect,
cross or lie within the area being subdivided shall be covered.
VARIANCE ANALYSIS: Due the shape of the parcel and the inability to connect to any stub
streets, N. Manship Place exceeds the maximum cul-de-sac length allowed by the Unified
Development Code. Because the adjoining properties have all developed without providing stub
streets for connectivity, staff fmds that the cul-de-sac proposed is the only option for access to the
site and staff supports the variance request.
b. Staff Recommendation: Staff recommends approval of AZ-06-001, PP.06-001, and VAR-06-
001 for Buckeye Place Subdivision as presented in the staff report for the hearing date of
February 16, 2006 based on the Findings of Fact as listed in Exhibit D and subject to the
conditions of approval as listed in Exhibit B as attached to this report. Staffhas prepared findings
consistent with this recommendation.
11. EXHmITS
A. Drawings
1. Preliminary Plat (dated: November 30,2005)
2, Landscape Plan (dated: December 21,2005)
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
C. Legal Description
D. Required Findings from Zoning Ordinance
Buckeye Place Subdivision AZ-06-001, PP-06.001, V AR-06-001
PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21, 2006
A. Drawings
1. Preliminary Plat (dated: November 30,2005)
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21, 2006
2. Landscape Plan (dated: December 21,2005)
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1.2
1.2.1
1.2.2
1.2.3
1.2.4
1.2.5
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21, 2006
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1
ANNEXA nON COMMENTS
Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into
between the City of Meridian, property owner (at the time of annexation ordinance adoption), and
the developer. The applicant shall contact the Citv Attorney. Bill Nary. at 888-4433 to initiate this
process within 18 months of City Council approval of the annexation request. The DA shall
incorporate the following;
. 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.
. All future development of the subject property shall be constructed in accordance with City
of Meridian ordinances in effect at the time of development.
. The applicant will be responsible for all costs associated with the sewer and water service
extension.
. Any existing domestic wells and/or septic systems within this project will have to be removed
from their domestic service, per City Ordinance Section 5-7-517, when services are available
from the City of Meridian. Wells may be used for non-domestic purposes such as landscape
irrigation.
. Prior to issuance of any building pennit, the subject property shall be subdivided in
accordance with the City of Meridian Unified Development Code.
. Lot 9, Block 1 shall be donated to the Meridian Parks Department.
. The applicant shall construct the off-site connection to the multi-use path along Ten Mile
Creek prior to issuance of any Certificate of Occupancy for the subdivision.
SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT
The preliminary plat labeled as Sheet PRE, prepared by Briggs Engineering, dated November 30,
2005, is approved, with the conditions listed herein. All comments/conditions of the
accompanying Annexation/Zoning (AZ-06-001) shall also be considered conditions of the
Preliminary Plat (PP-O6-001).
No on-street parking shall be allowed along Lots 1 and 18, Block 1, adjacent to the landscape
island. The street shall be signed as "No Parking" per the Meridian Fire Department's comments.
All homes within the subdivision shall contain at least 1,400 square feet of living area.
Maintenance of all common areas shall be the responsibility of the Buckeye Place Subdivision
Homeowners' Association.
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 11-3B.
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 II ~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.
1.3.3
1.3.4
1.3.5
1.3.6
1.3.7
1.3.8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21,2006
1.2.6
Per ODC 11-3A-6 all iITigation 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.
1.3
1.3.1
GENERAL REQUIREMENTS-PRELIMINARY PLAT
Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuant to UDC 11-3A-17.
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
UDC 11-3A-15 and MCC 9-1-28.
1.3.2
A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as
noted in this report, shall be submitted for the subdivision with the final plat application.
The applicant shall submit a detailed fencing plan with the final plat application for the
subdivision. If permanent fencing is not provided, temporary construction fencing to contain
debris must be installed around the perimeter prior to issuance of a building permit. All fences
should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be
installed in accordance with UDC 11-3A- 7.
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 the Ten Mile Stub Drain, intersecting,
crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-
3A-6, unless otherwise approved by Nampa Meridian Irrigation District. Plans will need to be
approved by the appropriate iaigation/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.
Staffs failure to cite specific ordinance provisions or terms of the approved
annexation/conditional use does not relieve the applicant of responsibility for compliance.
2. PUBLIC WORKS DEPARTMENT
Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B- 7.
2.1
2.2
Exhibit B
Sanitary sewer service to this development is being proposed via extension of mains planned to
be installed starting early March of 2006 as a City of Meridian proj ect. Site constraints associated
with the planned pathway ofthe sewer trunk may cause it to be delayed till late 2006. The City of
Meridian does not guarantee sewerabiltiy in the timelines spelled out in the UDc.
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.
2.10
2.11
2.12
2.13
2.14
2.15
2.16
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21,2006
2.3
Water service to this site is being proposed via extension of mains in N. Manship Place. The
applicant shall be responsible to install all water mains necessary to serve this development,
coordinate main size and routing with Public Works.
The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public
right of way (include all water services and hydrants). The easements shall not be dedicated via
the plat. The description shall be consistent with the graphically depicted easements on the plat
but be recorded as a separate document using the City of Meridian's standard fonus. Submit an
executed easement (supplied by Public Works), a legal description, which must include the area
ofthe easement (marked EXHffiIT 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.
2.4
2.5
The applicant has indicated Nampa and Meridian Irrigation District will own and operate the
pressure irrigation system in this proposed development. A letter of plan approval shall be
required 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 ll-3A-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.
All existing structures shall be removed prior to signature on the final plat by the City Engineer.
Prior to signature on the fmal plat, the applicant shall submit ITom a professional engineer or
professional licensed surveyor a stamped signed letter stating that no lots are encumbered by the
flood plain associated with the Ten Mile Creek.
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,
drainage lots constructed, road base approved by the Ada County Highway District and the Pinal
Plat for this subdivision shall be recorded, prior to applying for building pennits.
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 fmal plat.
All development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized inigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as detennined during the plan review process, prior to signature on the final plat
per Resolution 02-374.
It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
Applicant shall be responsible for application and compliance with and NPDES Pennitting that
may be required by the Environmental Protection Agency.
Applicant shall be responsible for application and compliance with any Section 404 Pennitting
2.6
2.7
2.8
2.9
2.17
2.18
2.19
2.20
2.21
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21,2006
that may be required by the Anny Corps of Engineers.
Developer shall coordinate mailbox locations with the Meridian Post Office.
All grading of the site shall be perfonned in confonnance with MCC ll-l2-3H.
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 fire hydrants. Final design locations and quantity are
detennined after power designs are completed by Idaho Power Company. The street light
contractor shall obtain design and pennit from the Public Works Department prior to
commencing installations.
3. FIRE DEP ARTM ENT
1. 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. International Fire Code Appendix C.
2. 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.
3. Final Approval ofthe fIfe 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 specifications.
d. Fire Hydrants shall be placed on comers when spacing pennits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be place 18" above finish grade.
g. Fire hydrants shall be provided to meet the requirements ofthe!FC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
4. The phasing plan may require that any roadway greater than 150 feet in length that is not
provided with an outlet shall be required to have an approved turn around.
5. All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside
radius.
Exhibit B
6. For all Fire Lanes, provide signage "No Parking Fire Lane".
7. Operational fire hydrants, temporary or pennanent street signs and access roads with an all weather
surface are required before combustible construction is brought on site.
8. All portions of the buildings located on tills project must be within 150' of a paved surface as
measured around the perimeter of the building.
9. 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 fIfe 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
5.
6.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21, 2006
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).
4. POLICE DEPARTMENT
1. Any interior fencing adjacent to common lots shall allow visibility from the street or shall not
exceed four feet in height if solid fencing is used.
5. PARKS DEPARTMENT
1. Pathway and Trail standards: The proposed pathway and/or trail shall be constructed in
accordance with the Meridian Park Department's requirements.
6. SANITARY SERVICE COMPANY
1. SSC has no comments related to this application.
7. ADA COUNTY HIGHWAY DISTRICT
A.
1.
Site Specific Conditions of Approval
Extend Manship Drive in to the site from the north property line, as proposed.
Construct the internal streets as one half of a 36~foot street section with rolled curb, gutter and an
attached concrete sidewalk within 50-feet of right-of.way, as proposed.
Tenninate Manship Place with a cul-de-sac turnaround without a center island, as proposed.
Construct the turnaround to provide a minimum turning radius of 45-feet.
Construct a center island with the right-of-way of Manship Place where the new roadway will
connect into the existing roadway, as proposed. Construct the island to be a minimum of 100-
square feet and to maintain a minimum of a 21-foot street section on either side of the island.
Any proposed landscape islands/medians within the public right-of-way dedicated by this plat
shall be owned and maintained by a homeowners association. Notes of this will be required on
the final plat.
Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
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 fi-ontages 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 of the proposed development. Contact Construction Services at 387~6280 (with file
number) for details.
Comply with the District's Tree Planter Width Interim Policy.
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.
2.
3.
4.
5.
B.
1.
2.
3.
4.
13.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21, 2006
7.
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 conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
Payment of applicable road impact fees are required prior to building construction in accordance
with Ordinance #200, also known as Ada County Highway District hnpact Fee Ordinance.
It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
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 p1alUled 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.
9.
10.
11.
12.
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21, 2006
C. Legal Description
DESCRIPTION FOR PROPOSED
BUCKEYE PLACE SUBDIVISION
November 30 2005
A PARCEL OF LAND BEING A PORTION OF THE NORTHWEST 1/4 OF
SECTION 10. TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN,
MERIDIAN. ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 10 TOWNSHIP
3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY,
IDAHO; THENCE S 89°40'23" E 1322.58 FEET ALONG THE NORTH SECTION
LINE TO THE NORTH 1/16 CORNER, THENCE CONTINUING S 89"40'23" E
1.11 FEET TO A POINT; THENCE S 00"01'16" W 44.93 FEET TO THE
NORTHWEST CORNER OF PINTAIL POINTE SUBDIVISION AND THE
NORTHEAST CORNER OF BLACKSTONE SUBDIVISION; THENCE ALONG
THE COMMON BOUNDARIES OF SAID SUBDIVISIONS S 00"01'16" W 621,09
FEET TO THE SOUTHWEST CORNER OF SAID PINTAIL POINTE
SUBDIVISION; THE REAL POINT OF BEGINNING OF THIS SUBDIVISION.
THENCE ALONG THE SOUTH BOUNDARY OF PINTAIL POINTE
SUBDIVISION S 89"40'23" E 332.75 FEET TO A POINT;
THENCE S 00°39'41" W 8.00 FEET TO THE NORTHWEST CORNER OF
ROD'S PARKSIDE CREEK SUBDIVISION;
THENCE ALONG WEST BOUNDARY OF SAID ROD'S PARKSIDE CREEK
SUBDIVISION S 00°14'12" W 649.70 FEET TO THE SOUTHWEST CORNER
OF SAID SUBDIVISION;
THENCE N 89°27'46" W 330.23 FEET TO A POINT;
THENCE N 00"01'18" E 656.50 FEET ALONG A PORTION OF SAID
BLACKSTONE SUBDIVISION TO THE REAL POINT OF BEGINNING OF THIS
SUBDIVISION;
SAID SUBDIVISION CONTAINS 4.99 ACRES, MORE OR LESS,
WAYNE K. BARBER,
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Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21,2006
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Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21,2006
D. Required Findings from Zoning Ordinance
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. City 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, of the
Staff Report.
The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
City Council finds that single-family detached residential uses are allowed within the
requested zoning district of R-4 as a Principally Pennitted Use. The accompanying plat
demonstrates the land will be developed with lot sizes, housing types and other
dimensional requirements that confonn to the proposed zoning designation.
3.
The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
City Council finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare.
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,
City Council [rods that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to
this site.
4.
5.
The annexation is in the best of interest of the City (UDC 11-5B-3.E).
The R-4 zoning amendment will provide lots that are similar in nature to existing
subdivisions in the near vicinity. City Council finds that all essential services are
available or will be provided by the developer to the subject property and will not require
unreasonable expenditure of public funds. The applicant is proposing to develop the land
in general compliance with the City's Comprehensive Plan. This is a logical expansion
of the City limits. In accordance with the findings listed above, City Council finds that
Annexation and Zoning ofthis propertv to R-4 would be in the best interest of the Citv.
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:
1.
Exhibit D
The plat is in conformance with the Comprehensive Plan;
Council finds that the proposed application is in substantial compliance with the adopted
Comprehensive Plan. Council generally supports the proposed plat layout and proposed
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21, 2006
density as they comply with the provisions of the Comprehensive Plan. Please see
Comprehensive Plan Policies and Goals, Section 8, of the Staff Report.
2.
Public services are available or can be made available and are adequate to
accommodate the proposed development;
Council fmds that public services are available to accommodate the proposed
development. (See finding Items 3 and 4 above under Annexation Findings for more
details.)
The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because the developer is installing sewer, water, and utilities for the development at their
cost, Council finds that the subdivision will not require the expenditure of capital
improvement funds.
3.
4.
There is public financial capability of supporting services for the proposed
development;
The Council finds that supporting services are available to support the proposed
development. Staff recommends the Commission and Council rely upon comments from
the public service providers (i.e., police, rITe, ACHD, etc.) to detennine this finding. (See
finding "Items 3 and 4 above under Annexation Findings above, and the Agency
Comments and Conditions in Exhibit B for more detail.)
The development will not be detrimental to the public health, safety or general
welfare; and
Council is not aware of any health, safety or environmental problems associated with the
development of this subdivision that should be brought to the Councilor Commission's
attention. ACHD considers road safety issues in their analysis.
The development preserves significant natural, scenic or historic features.
Council is unaware of any natural, scenic or historic features on this site. Therefore,
Council fmds that the proposed development will not result in the destruction, loss or
damage of any natural, scenic or historic feature(s) of major importance.
4.
5.
3. Variance Findings
The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings
listed in Section 11-5B-4E ofthe UDC to review the variance request. In order to grant a
variance, the Council shall make the following findings:
1. The variance shall not grant a right or special privilege that is not otherwise allowed
in the district:
2.
Exhibit D
City Council finds that the granting of a variance to the property will not grant a right or
privilege that is not otherwise allowed in the district and, in fact, it will grant the property
the same rights and privileges received by other properties in the area which have stub
streets provided to them in order to facilitate development with shorter block lengths.
The variance relieves an undue hardship because of characteristics of the site;
The proposed subdivision is bordered on the south and west by Ten Mile Creek, thus
prohibiting interconnectivity to the subdivisions located to the south, and the subdivision
to the east did not provide any stub streets, thus prohibiting interconnectivity to the east.
Based on the surrounding property uses, existing street configurations and natural
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 21, 2006
3.
features, City Council finds that special circumstances exist which create an undue
hardship on the property.
The variance shall not be detrimental to the public health, safety, and welfare.
City Council finds that allowing the cul-de-sac to exceed the maximum length will not be
detrimental to the public health, safety, and/or welfare. The connecting streets in the area
provide an interconnected street system that provides for safe and efficient access for
residences and public safety personnel.
Exhibit D