Sunstone Subdivision VAR
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LA WAND
DECISION & ORDER
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As Amended March 14, 2006
In the Matter of a Request for Annexation and Zoning of 11.70 acres from RUT to R-4,
Preliminary plat of 23 building lots and 3 other lots on 11.70 acres in a proposed R-4 zone,
and a Variance from the 450-foot maximum cul-de-sac length by Benchmark Construction.
Case No(s). AZ-05-043, PP-05-045, V AR-05-019
For the City Council Hearing Date of: December 13, 2005
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of December 13,2005
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of December 13, 2005
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
December 13, 2005 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of December 13,2005 incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
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 ofthe City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O5-043, PP-O5-045, V AR-O5-0] 9- PAGE 1 of 4
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
II-SA.
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
December 13,2005 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 March 21, 2005 is/are hereby conditionally approved; and,
2. The applicant is hereby granted a variance to MCC l2-4-2-F for a cul-de-sac length of
approximately 630 feet.
3. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of December 13,2005 incorporated by reference.
D. Notice of Applicable Time Limits
1. Notice of Twelve (12) Month 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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O5-043, PP-O5-045, V AR-O5-019- PAGE 2 of 4
final approval without resubmission for preliminary plat approval. Upon written request
and filed by the applicant prior to the tennination of the period in accord with Il-6B-
7.A, the Director may authorize a single extension of time 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
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 [mal 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 December 13, 2005
By m~n of the City Council at its regular meeting held on the
'M.t;Iv ,2006.
,
/ If~ day of
VOTED ~
VOTED ~
VOTED ~
VOTED ~
TIE BREAKER ~
MAYOR TAMMY de WEERD VOTED
~
COUNCIL MEMBER SHAUN WARDLE
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-OS-O43, PP-O5-045, V AR-O5-019- PAGE 3 of 4
Copy served upon:
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V Applicant
v"'" Planning Department
V. Public Works Department
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By: ~ A.UJ.J
City Clerk's Office
ATTEST:
Dated: 8# ~ 3"0U/
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O5-043, PP-O5-045, V AR-O5-019- PAGE 4 of 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005
STAFF REPORT
TO:
SUBJECT:
Sunstone Subdivision
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Hearing Date: 12/13/2005
Mayor and City Council
Josh Wi1son, Associate City Planner
City of Meridian Planning Department
208-884-5533
FROM:
. AZ-05-043
Annexation and Zoning of 11.70 acres from RUT to R-4
. PP-05-045
Preliminary plat of 23 building lots and 3 other lots on 11.70 acres in a
proposed R-4 zone
. VAR-05-019
Variance for Cul-de-sac length to exceed to maximum length of 450 feet to
the proposed 630 feet
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Benchmark Construction, has applied for Annexation and Zoning (AZ) and Preliminary
Plat (PP) approval of 23 building lots and 3 common/other lots on 11.70 acres. The site is located west
of N. Black Cat Road, and south of Cherry Lane. This site is currently rural residential with two single
family residences and accessory buildings. The applicant has also requested a Variance for a cul-de-sac
length of 630 feet to exceed the 450-foot maximum set forth in MCC 12-4-2-F. The site has not been
previously platted. The application was received and certified complete prior to September 15,2005 and
is entitled to consideration under Titles 11 and 12 of Meridian Citv Code, and is not required to meet the
adopted Unified Development Code.
2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the
item on November 3, 2005. At the public hearing they moved to recommend approval.
a. Summary of Public Hearing:
i. In favor: Clayn Sonderegger, applicant; Jason Densmer, applicant's
representative; David Bowman
ii. In opposition: Kathy Ferrera, Ton Knoll, John Hansen, Paul Sharatt, Scoot
Frederickson
111. Commenting: Christy Campbell, Tom Campbell
iv. Staff presenting application: Josh Wilson
v. Other staff commenting on application: Brad Hawkins~Clark
b. Key Issues of Discussion by Commission:
i. Compatibility of lot sizes and zoning with adjacent properties
c. Key Commission Changes to Staff Recommendation:
i. Lots 3, 4,5,6 and 7, Block 4 and Lots 3, 4,5,6,7, and 8, Block 2, shall be zoned
R-2 and the remainder of the subdivision shall be zoned R-4. The applicant shall
submit a revised Legal Description which reflects this change to the Planning
Department at least 10 days prior to the City Council hearing.
ii. Delete Condition 1.1.3
d. Outstanding Issue(s) for City Council:
Sunstone Subdivision AZ-OS-O43, PP-OS-O45, V AR-OS-O19
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12113/2005
i. The Planning Department has not received the revised Legal Description which
was required by the Planning and Zoning Commission in accordance with the
change in zoning for the project.
11. A recommendation was not made on the Variance request by the Planning and
Zoning Commission, and per Meridian City Code the City Council must either
approve or deny this request.
3. PROPOSED MOTION (to be considered after the public hearing)
Approve
I move to approve File Numbers AZ-05-043, PP-05-045, and V AR-05-019 as presented in the
staff report for the hearing date of December 13, 2005 and the preliminary plat dated March 21, 2005 with
the following modifications to the conditions of approval: (add any proposed modifications).
Deny
I move deny File Numbers AZ-05-043, PP-05-045, and V AR-05-019 as presented in the staff
report for the hearing date of December 13, 2005 and the preliminary plat dated March 21, 2005 for the
following reasons: (you must state specific reasons for denial. They should address how the applicant
might re-do the application to gain your recommendation for approval).
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
1155 and 1123 N. Black Cat Road /West ofN. Black Cat Road, and south of Cherry Lane
b. Owner:
1155 N. Black Cat Road.: Bob and Gail Burt
1123 N. Black Cat Road: Clayn and Laura Sonderegger
c. Applicant:
Benchmark Construction
2101 Delta Drive
Nampa, ill 83687
d. Representative:
Jason Densmer, Roylance and Associates
e. Present Zoning: RUT
f. Present Comprehensive Plan Designation:
Low Density Residential
g. Description of Applicant's Request: The applicant is requesting concurrent approval for
annexation and zoning of the subject 11.70 acres to R-4 and preliminary plat approval of 23
buildable lots. The applicant is proposing 23 detached single-family lots. A gross density of
1.97 dwelling units per acre is proposed, with an average lot size of 17,245 square feet.
Access to the development is proposed from Black Cat Road to the east.
1. Date of preliminary plat (attached as Exhibit AI): March 21,2005
2. Date oflandscape plan (attached as Exhibit A2): August 12,2005
h. Applicant's Statement/Justification (from the submittal material):
5. PROCESS FACTS
Sunstone Subdivision AZ-O5-043 , PP-O5-045, V AR-O5-019
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005
a. The subject application will in fact constitute an annexation and/or rezone as detennined by
City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 16, a
public hearing is required before the City Council on this matter.
b. The subject application will in fact constitute a preliminary plat as detennined by City
Ordinance. By reason of the provisions of the Meridian City Code Title 12 Chapter 3, a public
hearing is required before the City Council on this matter.
c. Newspaper notifications published on: October 17 and 31, 2005
d. Radius notices mailed to properties within 300 feet on: October 14, 2005
e. Applicant posted notice on site by: October 24, 2005
6. LAND USE
a. Existing Land Use(s): Two rural residences and vacant agricultural land
b. Description of Character of Surrounding Area: Agricultural land and rural residences to the
north, south and west; existing residential subdivision in the R-4 zone to the east.
c. Adjacent Land Use and Zoning
1. North: Rural residence, zoned R-2.
2. East: Castlebrook Subdivision, zoned R-4.
3. South: Vacant land and rural residences, zoned RUT (Ada County)
4. West: Vacant land and rural residences, zoned RUT (Ada County)
d. History of Previous Actions: N/A
e. Existing Constraints and Opportunities
1. Public Works: (Michael Cole, Development Services Coordinator)
Location of sewer: Mains are in Black Cat Road
Location of water: Mains in Black Cat Road
Issues or concerns: The sewer flows to the yet to be operational lift station. The
completion date is expected to be early in 2006.
2. Vegetation: Existing mature trees around existing residences
3. Flood plain: NA
4. CanalslDitches Irrigation: None on property.
5. Hazards: None on property.
6. Proposed Zoning: R-4
7. Size of Property: 11.70 acres
8. Description of Use: Single-Family Residential
f. Subdivision Plat Infonnation
1. Residential Lots: 23
2. Non-residential Lots: N/A
3. Total Building Lots: 23
Sunstone Subdivision AZ-O5-043, PP-O5-045, V AR-O5-0 19
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005
4. Common Lots: 3
5. Other Lots: N/A
6. Total Lots: 26
7. Open Lots: 3
8. Residential Area:
9. Gross Density:
g. Landscaping
1. Width of street buffer(s): 25 feet required on Black Cat Road
2. Width ofbuffer(s) between land uses: None required; the subdivision is surrounded
by lands designated for, or developed as, single family residential.
3. Percentage of site as open space (PP and PD applications): 5.1 %
h. Proposed and Required Residential Standards: per the R.4 zone
i. Summary of Proposed Streets and/or Access: All internal streets are proposed as public. All
sidewalks on W. Grey Towers Street are four feet wide and are detached to the curb. The applicant has
proposed four-foot attached sidewalks on the two stub streets provided, however Meridian City Code
requires that attached sidewalks be five feet in width. For detailed Conditions of Approval on the public
streets and access points to public streets, please see the attached Exhibit B.
11.70 acres
1.97 units per acre
7. COMMENTS MEETING
On October 14, 2005 Planning Staff held an agency comments meeting. The agencies and departments
present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department,
Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments
and recommended actions as Conditions of Approval in the attached Exhibit B.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
Staff fmds that the proposed zonill!! desÎ!:mation. RA. is hannonious with and in accordance with the
2002 Comprehensive Plan and Future Land Use Map. which designates the land to be Low Densitv
Residential. There is a maximum density of three dwelling units per acre in the Comprehensive Plan; the
proposed gross density of Sunstone Subdivision is 1.97 dwelling units per acre.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the
proposed development (staff analysis in italics below policy):
.
Require that development projects have planned for the provision of all public services. (Chapter VII,
Goal III, Objective A, Action 1)
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian plans to provide municipal services to the lands proposed
to be annexed in the following manner:
. Sanitary sewer and water service will be extended to the project at the developer's
expense.
. The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District.
Once annexed the lands will be under the jurisdiction of the Meridian City Fire
Department, who currently shares resource and personnel with the Meridian Rural
Fire Department.
Sunstone Subdivision AZ-O5-043, PP-O5-045, V AR-O5-019
PAG
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005
.
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 suqject 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.
.
Protect existing residential properties from incompatible land use development on adjacent parcels
(Chapter VII, Goal IV, Objective C, Action 1)
The applicant is proposing a single-family development. The existing residential properties to the
east are compatible with the proposed development.
.
Support a variety of residential categories (low-, mediwn-, and high-density single family, multi-
family, townhouses, duplexes, apartments, condominiwns, etc.) for the purpose of providing the City
with a range of affordable housing opportunities (Chapter VII, Goal IV, Objective C, Action 10)
The subject property is designated Low-Density Residential on the Future Land Use Map. The
applicant has proposed a density consistent with the requested R-4 zone (1.97 du./acre), and
staff is supportive of the lot sizes proposed.
.
Require street connections between subdivisions at regular intervals to enhance connectivity and
better traffic flow (Chapter VI, Goal II, Objective A, Action 6)
The applicant is proposing to extend stub streets to the west, south, and north to provide access to
the adjacent properties. The applicant is also connecting to Black Cat Road at the eastern
boundary of the project. City staff and ACHD are supportive of the connectivity plan for this
area (see ACHD comments and conditions for details).
. Review new development for appropriate opportunities to connect to local roads and collectors in
adjacent developments. (Chapter VI, Goal II, Objective A, Action 13)
See bullet above.
.
Require new urban density subdivisions which abut or are proximal to existing low density
residential land uses to provide landscaped screening or transitional densities with larger, more
comparable lot sizes to buffer the interface between urban level densities and rural residential
densities. (Chapter VII, Goal I, Objective D, Action 8)
The applicant has proposed a development with very large lots (one-half acre) on the interior of
the subdivision and some slightly smaller lots (one-third acre) adjacent to Black Cat Road and
the two stubs streets. Stafffeels that these lot sizes provide appropriate transitional densities
from the adjacent rural residential properties along El Gato Lane to the southwest. Staff does
anticipate that the properties to the north, west, and south will eventually be developed at
densities similar to those proposed by the applicant.
Sunstone Subdivision AZ-O5-043, PP-O5-045, V AR-O5-019
PAG
CITY OF 'MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005
.
Permit new residential, commercial, or industrial developments only where urban services can be
reasonably provided at the time of final approval and development is contiguous to the City. (Chapter
IV Goal II, Objective A)
All urban services can be made available to this site.
9. ZONING ORDINANCE
a. Zoning Schedule of Use Control: Meridian City Code 11-2~llists single family detached
homes as permitted use in the R-4 zoning district.
b. Purpose Statement of Zone:
R-4 Low Density Residential District: Only single~family dwellings, public schools, and public
and private parks shall be permitted and no conditional uses shall be permitted except for planned
developments. The purpose of the R-4 district is to pennit the establishment of low density
single-family dwellings, and to delineate those areas where predominantly residential
development has, or is likely to occur in accord with the comprehensive plan of the city, and to
protect the integrity of residential areas by prohibiting the intrusion of incompatible
nonresidential uses. The R-4 district allows for a maximum of four (4) dwelling units per acre and
requires COlUlection to the municipal water and sewer systems of the city of Meridian.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
1. AZ/RZ Application:
Based on the policies and goals contained in the Comprehensive Plan and the general
compliance of the proposed development with the Zoning Ordinance, staff believes
that this is a good location for the proposed single~family residential subdivision.
Please see Exhibit D for detailed analysis of facts and findings.
The annexation legal description submitted with the application (stamped on May 27,
2005 by Dennis Lewis, PLS) shows the property as contiguous to the existing
corporate boWldary 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.
2. PP Application:
Open Space: The applicant has stated that the subdivision contains 5.1 % of
landscaped open space, meeting the 5% minimum required by Meridian City Code.
The majority of this landscaping is passive in nature and provided in the proposed
parkways between the detached sidewalks and the street in the subdivision. The
Sunstone Subdivision AZ-O5-043, PP-O5-045, V AR-O5-0 19
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005
applicant has not proposed any large landscaped common lots for active use by the
residents, and none are required by code.
Width of Sidewalks: All sidewalks on W. Grey Towers Street are proposed to be four
feet wide and are detached from the curb. The applicant has also shown four-foot wide
attached sidewalks on the two stub streets provided; however, Meridian City Code
requires that attached sidewalks be five feet in width. The applicant shall increase the
width of all attached sidewalks in the development to five feet and submit revised
plans with the application for final plat.
Street Width: Per the ACHD report, the applicant has proposed 33 foot street sections
from back-of.curb to back-of-curb. The Meridian Fire Department requires a 33 foot
street section from face-of-curb to face-of-curb for parking on both sides of the street.
The applicant shall increase the roadway section to meet Meridian Fire Department
requirements for parking on both sides of the street.
b. Staff Recommendation: Staff recommends approval of AZ-05.043, PP-05-045, and V AR-05-
019 for Sunstone Subdivision, 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.
11. EXHmITS
A. Drawings
1. Preliminary Plat (dated: March 21,2005)
2. Landscape Plan (dated: August 12,2005)
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
Sunstone Subdivision AZ-O5-043, PP-O5-045, V AR-O5-0 19
PAG
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005
A. Drawings
1. Preliminary Plat (dated: March 21,2005)
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1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005
3. Landscape Plan (dated: August 12,2005)
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2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005
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! :Pr Ii:,!,'! )!I!¡,..L~~Ll~ ~,~.~~~MI~ARY ~~~~~I.~~~S:~~~,,~~~ ¡.¡'¡JI¡li V.
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Exhibit A
3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12113/2005
B. Conditions of Approval
1. Planning Department
1.1.2
1.1.3
1.1.4
1.1.5
1.1.6
1.1.7
1.1.8
1.1.9
1.2
1.2.1
1.2.2
1.2.3
Exhibit B
1.1
1.1.1
SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT
The preliminary plat labeled as Sheet P-l.0 prepared by Roylance and Associates, dated March
21, 2005, is approved, with the conditions listed herein, All comments/conditions of the
accompanying Annexation and Zoning (AZ-05-043) application shall also be considered
conditions of the Preliminary Plat (PP-05-045).
The applicant shall increase the width of all attached sidewalks in the development to 5 feet and
submit revised plans with the application for final plat.
The applieaBt shall iBerease the roadv:ay seetioR to meet MeridiaR Fire Department r@lqairem@lms
for parkiRg OR both sides of the street. The Meridian Fire Department requires a 33 foøt street
seetioR fmm faee øf eurb to faee of eurb for parkiBg OR bøth sides of the street.
There shall be no parking on the cul-de-sac at the tenninus of W. Grey Towers Street. The
applicant shall coordinate with the Meridian Fire Department on proper signage to denote the no
parking restriction.
No direct lot access to Black Cat Road will be allowed.
Any structures which do not comply with Meridian City Code must be removed prior to signature
by the City Engineer on the Final Plat for the property. This includes, but is not limited to, the
existing homes and outbuildings on the property.
The applicant shall provide stub streets to the west, north, and south as shown on the preliminary
plat and per the ACHD Conditions of Approval.
Maintenance of all conunon areas shall be the responsibility of the Sunstone Homeowners'
Association.
Lots 3. 4. 5. 6 and 7. Block 4 and Lots 3. 4. 5. 6.7. and 8. Block 2. shall be zoned R-2 and the
remainder of the subdivision shall be zoned R-4. The applicant shall submit a revised LelZal
Description which reflects this chanlZe to the PlanninlZ Department at least 10 days prior to the
City Council hearinlZ.
GENERAL REQUIREMENTS-PRELIMINARY PLAT
Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuant to MCC 12-13-10-8.
All areas approved as open space shall be free of wet ponds or other such nuisances. All
stormwater detention facilities incorporated into the approved open space are subject to MCC 12-
13-14 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated
surface materials shall not be used in open space lots, except as pennitted under MCC 12-13-
14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed
such plan, the landscaping shall be consistent with the preliminary plan with modifications as
proposed by staff. If the stormwater detention facility cannot be incorporated into the approved
open space and still meet the standards of MCC 12-13-14, then the applicant shall relocate the
facility. This may require losing a developable lot or developable area. It is the responsibility of
the developer to comply with ACHD, City of Meridian and all other regulatory requirements at
the time of final construction.
The 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
1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005
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 inigation system
should be installed to all landscape areas per the approved specifications and in accordance with
MCC 12-13-8 and MCC 9-1-28.
1.2.4
The applicant shall submit a detailed fencing plan with the final plat application for the
subdivision. If pennanent fencing is not provided, temporary construction fencing to contain
debris must be installed around the perimeter prior to issuance of a building pennit. All fences
should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be
installed in accordance with MCC 12-4-10.
Any tree over 4" in caliper that is removed from the property shall be replaced by installing
additional trees, being the equivalent number of caliper inches of trees that were removed.
Required landscaping trees will not be considered as replacement trees for those trees that have to
be mitigated.
1.2.5
All iITigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13, wùess
otherwise approved by Settlers Irrigation District. Plans will need to be approved by the
appropriate inigation/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 fmal plat signature.
Staff s failure to cite specific ordinance provisions or tenns of the approved
annexation/conditional use does not relieve the applicant of responsibility for compliance.
1.2.8 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4.
2. Public Works Department
1.2.7
2.1
2.2
2.3
2.4
Exhibit B
1.2.6
The applicant is proposing sewer to this site via extensions of mains in Black Cat Road. The
main in Black Cat road flows to the new Black Cat lift station, which will not be operational till
approximately January of2006. Public Works approval of this development is conditional on the
Black Cat lift station being operational and does not guarantee sewer service in the timelines
outlined in Meridian City Code.
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 fonns 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
confonnance of City of Meridian Public Works Departments Standard Specifications.
Water service to this site is being proposed via extension of mains in Black Cat Road. The
applicant shall install mains to and through this proposed development, coordinate main size and
routing with the Public Works Department. Applicant shall execute standard fonns of easements
for any mains that are required to provide service.
The applicant has indicated that the pressurized irrigation system is to be owned and maintained
as a private system. Therefore, plans and specifications will be reviewed by the Public Works
Department as part of the construction plan review, A "draft copy" of the operations and
maintenance manual will be required prior to plan approval with the "final draft" being required
prior to final plat signature on the last phase ofthis project.
2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005
2.5
2.6
2.7
2.8
2.9
2.10
2.11
2.12
2.13
2.14
2.15
2.16
2.17
2.18
2.19
2.20
2.21
Exhibit B
The preliminary plat does not show where the pressurized irrigation pump station is to be located.
The pump station shall be located in a common lot that does not encroach into required landscape
buffers.
The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, a single-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
signature on the final plat by the City Engineer.
The applicant shall be responsible for the actual hookup and payment of assessments to municipal
services for any existing dwellings that will be retained on this site.
Additional easements shall be dedicated along right-of-ways, sufficient in width to provide a 10-
foot free and clear easement. This is necessary due to the sidewalks not being located entirely
within the right.of-way.
Vacate the existing ingress/egress easement depicted on the plat. If City of Meridian sanitary
sewer or water lines need to be located out of the right-of-way, easements shall be recorded using
the City's standard fonus of easement.
Any existing domestic wells and/or septic systems within this project shall be removed from
domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-
domestic purposes such as landscape irrigation.
Street signs are to be in place, water system shall be approved and activated, fencing installed,
drainage lots constructed, road base approved by the Ada County Highway District and the Final
Plat for this subdivision shall be recorded, prior to applying for building 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 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 Pennitting that
may be required by the Environmental Protection Agency.
Applicant shall be responsible for application and compliance with any Section 404 Pennitting
that may be required by the Anny Corps of Engineers.
Developer shall coordinate mailbox locations with the Meridian Post Office.
All grading of the site shall be perfonued in confonnance 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
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005
2.22
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 andJor fIre hydrants. Final design locations and quantity are
determined after power designs are completed by Idaho Power Company. The street light
contractor shall obtain design and permit from the Public Works Department prior to
commencing installations.
3. Fire Department
3.1.1 One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for
duration of 2 hours to service the entire project. Residences over 3600 square feet will require a fire-
flow of 1500 gallons per minute available for duration of 2 hours to service the entire project. Fire
hydrants shall be placed an average of 500' apart. International Fire Code Appendix C
3.1.2
3.1.3
3.1.4
3.1.5
3.1.6
3.1.7
3.1.8
Exhibit B
Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water
quality by the Meridian Water Department for bacteria testing.
Final Approval ofthe fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fIre hydrants shall have the curb painted red 10' to each side of the hydrant
location.
e, Fire Hydrants shall be placed on comers when spacing permits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
g. Fire hydrants shall be place 18" above finish grade.
h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
The proposed 23-10t subdivision with an estimated 2.9 residents per household would have a total
estimated population of 67 residents at build out.
The phasing plan may require that any roadway greater than 150' in length that is not provided
with an outlet shall be required to have an approved turn around.
All entrance and internal roads shall have a turning radius of28' inside and 48' outside radius.
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.
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).
4
6.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005
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
4.1.1 The Police Department has no concerns related to this application.
5. Parks Department
5.1.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape
Ordinance (MCC 12-13-13-6) will be followed.
5.1.2
Standard Plan for Protection of Existing Trees during Construction: The standard established in
the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed.
6. Sanitary Service Company
6.1.1 SSC has no comments related to this application.
7. Ada County Highway District
A.
Site Specific Conditions of Approval
1.
Dedicate 48~feet of right-of-way from the centerline of Black Cat Road abutting the parcel by
means of a warranty deed. The right-of-way purchase and sale agreement and deed must be
completed and signed by the applicant prior to scheduling the final plat for signature by the
ACHD Commission. Allow up to 30 business days to process the right-of-way dedication after
receipt of all requested material. The owner will be paid the fair market value of the right-of-way
dedicated which is an addition to existing ACHD right-of-way ifthe owner submits a letter of
application to the impact fee administrator prior to breaking ground, in accordance with the
ACHD Ordinance in effect at that time (currently Ordinance #200), if funds are available.
2.
Construct West Grey Towers Street to intersect Black Cat Road approximately 130-feet north of
the south property line to align with West Grey Towers Street, as proposed.
3.
Construct the internal streets as 33-foot street sections with rolled curb, gutter and a 5-foot
attached concrete sidewalk, as proposed. Submit a letter from the Meridian Fire Department
reviewing and approving the reduced street section.
4.
Construct a stub street to the south property line approximately 345-feet west of Black Cat Road,
as proposed. Construct a temporary turnaround at the tenninus of the roadway. Install a sign at
the tenninus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE
FUTURE".
5.
Construct a stub street to the west property line approximately 229-feet north of the south
property line with a pennanent cul-de-sac turnaround at the tenninus of the roadway, as proposed.
Install a sign at the tenninus of the stub street stating that, "THIS ROAD WILL BE EXTENDED
IN THE FUTURE".
Construct a stub street to the north property line approximately 2I5-feet west of Black Cat Road,
as proposed. Construct a temporary turnaround at the tenninus ofthe roadway. Install a sign at
5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 121I3/2005
6.
7.
8.
Exhibit B
7.
8.
9.
10.
11.
B.
1.
2.
3.
4.
5.
the tenninus ofthe stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE
FUTURE".
Construct a cul-de-sac turnaround with a center island at the tenninus of West Grey Towers
Street. Construct the turnaround to provide a minimum turning radius of 45-feet. Construct the
center island a minimum of 4- feet wide to total a minimum of a 100-square foot area and provide
a minimum of a 29-foot street section on either side of the island.
Any proposed landscape islands/medians within the public rightwof~way dedicated by this plat
shall be owned and maintained by a homeowners association. Notes ofthis will be required on
the final plat.
Utilize an existing 20-foot wide driveway that intersects Black Cat Road approximately 50-feet
south of the north property line until the property should redevelop or remodel, as proposed.
Other than the access points that have specifically been approved with this application, direct lot
access to Black Cat Road is prohibited. A note will be required on the final plat stating this
access restriction.
Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
Any existing irrigation facilities shall be relocated outside of the 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 of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
Utility street cuts in pavement less than five years old are not allowed UIÙess 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 conformance with all applicable
requirements ofthe Ada County Highway District prior to District approval for occupancy.
Payment of applicable road impact fees are required prior to building construction in accordance
with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance.
6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005
9.
10.
11.
Exhibit B
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 387h6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
No change in the tenus and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confinnation of any change from the Ada County Highway District.
Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subj ect property lll1less
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.
7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005
C. Legal Description
'-- .'.~,' ':)11 an,s' Aslaelat"
lO'..m"'S88 T.S3~O, }J.nS ~. .2/6
- "ginærs . Sut\leyors . Landp/anners
YeIepna1e (208) 939-2824 Fat (roe) !m-2855
Roylance & Asso~....tes P .A
391 w. SlaleSUaar. S&œ E, EagIe.IGa/IO 838115
December 13. 2005
Projecr No. 261.>1
ùþJ Dt:scnptiOl1
SWûmpe EntcrpriSe~
R-2 Zone
6,58 Acrd
A Inlet of 1aná defined bc:n:in for ~ p~, said IrJCt SÏ1\Wed in dte Nonheas¡ One Quarœr of Su,:60n 9,
Township 3 Norr.h, R.:qe I Wcst, BoiSe Mtridien, Ada C'otmty, Idaho. œscnbc4 :IS follow!:
C~m:ing ae brass clip I!IœIlmk:ntiug the North Oru= Q~ Comer of Soc:Qon Jo. tht:nce foUowing W:
nonbcrly line of said SecrilJfll0 Nonh 89")6'18" WC9J II dislAJJCe o1'2645l14 feet EO a brass Cép monunu:ming
me NOtthlatar Comer of said Scc:tion 1O.1hÞ NonbeasJ CŒDI:( of Secrion 51, * on the œl\ldiine of Non}¡ BJack
au RO3d;
Thence le$ting s&d lIOI'1httly Ime of laId Seclion JO and fblk»ing SôIid œnœrlinc cd ~ e¡¡sterly line of ~d
Seaion 9 So13h OO"OO'OO~ West a dlsamte of 179~t82 ftet 10 II poJnr;
Thence J"IIIIin¡ Slid~JI'N: and SAlde.stcJy J~ South 90"00'00" WeStad1s!iUlœof:S47..21 ftetro the
POINT OF BEOJNNtNG;
'lh=nce SoUth 90"00'00. West a disIance Of SUS& teei to II poilU;
'I1Icœc Nonh QO"OO'OO~ - a disI:ara of 477.89 ~ [0:1 point;
'Ibenœ Sourh 89"5 J 'S7" Bur II Q;sranœ of 686.49 feet to II pojJJt;
'Ibencs: SQIJÙ QjyOO"57" EiIII a disJance of 226.31 fM to a poÎnt on the proposed œnttrline of Wdl Grè:)I
T uwers Dzjve:
Th.!ace følloWltlB said proposedçGfltcthne South 89"56'03" West a c1tstark:e of 165.45 feet to a point;
'Thence ]e;avwg said ~ cc:nn:rline South OI)GQ3'S7" &::II a. distanc~ of 249,72 f=c[ ro th~
POJNT OF BEOINNJNG.
The ôIbove~bed tract of !arid COI1r.¡¡jn~ 6.58 ;a:ro:=s, l1I(W or lw, 3Ubjflct ro aU eXISIIng ~entS ;:an( righrs-
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Prepared By:
I.OY1.ANCE &. A.!SOCJATBS. P.A.
391 W.STATES11tB.Er.SVlfE E
EAGLE. IDAHO 83616
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R-2 REZONE EXHIBIT
ROYLANCE AND ASSOCIATES PA
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005
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..'-¡glll"rs . Surveyors. l..andplanners
Roylance & ASSOL.dtes P.A.
391 'II, Slate Sb-eer, Su,Ul E, Ea;Ie.14!II1o 83616
Tetepllone (208) 9»2ß24 Fax (200) 93~28SS
Dc:ce1Ubtr J 3, 2005
Proj~r Na. 2624
Legal Descripnon
Sunswne Enfl:JPrnes
R-4 Zone
5.12 ~TeS
A tIaa of J/uJd defined herein for fezanc: ~, said R""*"I :tiNaœd In rbf Norrheur One Qt.I31tt:r of Secrion 9,
To~Uüp 3 North, Range 1 West, Boise Menœ/IJI. Ada Count}', Jdano. cbcribed ti follows:
Commencing ill hEW clip monumenring The Nonh One Quancr Corner of SccUon 10, thence folJowlngW
nonherl~ lùtc of SIIId Secoon 10 North 89"36'18"' WltI a díst:;We of2645.ð4 ~ ro a brais cap moljuroeming
Û18 Nœthv,CQ: C~ of s;rid .!ieaian Jo. rht Noaheasr COJœl of Section 9,IØ\d un Üle c;:ntc=rtine of Nonh Black
C31RO&1;
Thc:nL-e """11 !aid northcrJy hne of Ji4ld Se.aion 10 and fuJJowjng Silid CCÐ~ and the e45terly line of said
SOCUOft ~ SouTh 00°00'00" WellT a dlshlhl."e of 1324.43 fect to the POINT Of' BEG.lNNING;
1'hcncc following SIlÏd l:èlUtrlUlc - &aid easletljr lint Soutb 00"00'00" Weft a distance of 475.39 feet to
a paint;
Thence ~vjng silk! cenr=rJ¡nc and said easœrly line SOt4h 9CPOOOO" Wesr /I diitance of 54721 teeT 10 ~
puinr.
Thence North 00"03'57" WÞt ~ diSWlCe of 249.72 feer to a pDinr on the proposed centtrlinc of Weir
Ore}' TO\\Ieß Do \/11';
1'hœœ fOllowing said proposed centerline Nonh 89ð56œ" East i1Œslanœ of Hí5.45 feeuo Ii pam..
Thcøce leaving said proposed c.:nœrlinc Norm oooO3'57~ West II. WW1ce of 226.37 feet ID II pol!lr;
Thenœ South &gðS 1 '57" auf a d.as&anœ 0(382 31 feet 10 the POINT OF BEGINN1N'G,
The 1IOO\le-dc!9Cnbed !nit! of ¡.:and c:orltAlN 5.12 acres, mare Of ~!I. SLlbje.:r fO all exisflng t:aSeau:nl:> Ô1/1d
rigl}[s-of~w¡¡y.
Pre~M B~:
ROYJ.....\NCE &. ASSOCIATES. P.A.
391 W. STATS S'IRiET, sum E
EAGLE. IDAHO 83616
208-939~2824
208-939-2855 (.FAX)
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R-4 REZONE EXHIBIT
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005
Roylance & Associates, P.A.
391 W. Slale Street. SUI" E, Eagle. Idaho B:lì16
Engineers. Surveyors. Landptanners
"-- TeIepha¡e (208) 939-21124 Fax (200) 939-2855
May 27,2005
Prqiect Number: 2624
Legal Descriprion
Sunsronc &lrerprises. LLC
Annexation Area
'1.70 Acres
A t!1lCt of land situated in tbe Northeast One Quuner of Section 9. Township 3 North, Range I West. Boise
Meridian, Ada County. Idaho, described as follows:
Commencing at brnss cap rnooumenting the North One Quert.er Comer of &ction 10. thence followi ng the
northerly line of said Section 10 North 89"36'18" West a distQnceof2645.Q4 feet to a brass cap monumenting
tbe Northwest Come.- of said Section 10 and the Northeast Comer of Section 9 nnd on \he centerline of North
Black Cat Rond;
Thence leaving said northerly line of said SeCtion 10 and following said centerline IInd Ihe easterly tine of said
Section 9 South 00°00'00" West II distance of 1324.43 feet to the POINT OF BEGINNING;
Thence following said centerline and said easterly line, South 00.00'00" West n distance of
475,39 Feel 10 a poinl;
Thence leaving said cenrorline and said ell$terly line, North 90"00'00" We.~t a dìslllnce of
1,068.79 feelloe poinl;
Thence North 00.00'00" East a dislonce of 477.89 fcello a poinl;
ll1ence South 89.51 '57" ElISt a distance of 1,068,80 feel to the POINT or BEGJNN1NG.
The abovtWJescribcd tract of land contains 11.70 ¡\eres, loore or Ie&.~. subject to nil existing casements and
righI5-of-way,
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Prepllred By:
ROYLANCE & ASSOCiATES. PA
391 W. STATBSTRBET.SUlTEE
EAOLE,IDAHO 83616
(208) 939.2824
(208) 939-2855 FAX
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BASIS OF BEARING
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ROYLANCE AND ASSOCIATES PA
Engineers Surve)'D(S Landplonners æ
391 W State S1reet Suite E e Idoma 836\& ..,.......
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ANNEXATION AREA
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D -1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005
D. Required Findings from Zoning Ordinance
1. Annexation and Zoning Findings: The Commission and Council shall review the particular
facts and circumstances of each proposed zoning amendment in terms of the following standards and shall
find adequate evidence answering the following questions about the proposed zoning amendment:
Thefollowing is the list of standards found in 11-15-11 and analysis by staff:
A.
Will the new zoning be harmonious with and in accordance with the Comprehensive Plan
and, if not, has there been an application for a Comprehensive Plan amendment;
See Comprehensive Plans and Policies as listed in staff report item #8 above. City Council
supports the zoning and fmds the proposal in general accord with the Comprehensive Plan.
B.
Is the area included in the zoning amendment intended to be rezoned in the future;
City Council does not anticipate that the applicant intends to rezone the subject property in the
future.
c.
Is the area included in the zoning amendment intended to be developed in the fashion that
would be allowed under .the new zoning -for example, a residential area turning into a
commercial area by means of conditional use permits;
City Council finds that detached single-family residential uses are allowed within the zoning
district ofR-2 and R-4. The applicant will be required to meet all dimensional standards of the R-
2 and R-4 zones and comply with Meridian City Code.
Has there been a change in the area or adjacent areas which may dictate that the area
should be rezoned. For example, have the streets been widened, new railroad access been
developed or planned or adjacent area being developed in a fashion similar to the proposed
rezone area;
City Council finds that the properties in the general vicinity of the property in question have been
approved for development similar to the proposed subdivision, with single-family residences.
Staff finds that the area is changing and this site is eligible for annexation and zoning.
Will the proposed uses be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character of the
general vicinity and that such use will not change the essential character of the same area;
City Council finds that the zoning and proposed density meets the anticipated range for a low
density urban project. Staff also fmds that the proposed zoning/uses can be designed and
constructed in a manner that will be harmonious with, and appropriate in appearance with, the
existing and intended character of the surrounding area.
The proposal meets the standards of MCC 12-13-16 Residential Subdivision Open Space which
states that "common space shall equal or exceed five percent of the gross land area of the
subdivision. This requirement shall apply to all single family residential subdivisions of five
acres or more."
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005
City Council does not find that the proposed zoning/uses will adversely change the essential
character of area.
F.
Will the proposed uses not be hazardous or disturbing to existing or future neighboring
uses;
City Council does not anticipate that the proposed residential uses will be hazardous as long as
the conditions outlined in this report are complied with and construction traffic and house
construction is conducted in a manner consistent with City Code.
G.
Will the area be served adequately by essential public facilities and services such as
highways, streets, police and fire protection, drainage structures, refuse disposal, water,
sewer or that the person responsible for the establishment of proposed zoning amendment
shall be able to provide adequately any of such services;
The applicant will be responsible for the extension of all utilities necessary to serve this proposed
development. Sizing and routing shall be coordinated with the Public Works Department.
The applicant and/or future property owners will be required to pay park and highway impact
fees.
ACHD has submitted a staff report with site specific and standard conditions as attached in
Exhibit B7.
On October 14, 2005, a joint agency/department comments meeting was held with representatives
of key service providers to this property. Based on the joint agency/department meeting and other
comments received from agencies/departments, City Council finds that the public services listed
above can be made available to accommodate the proposed development.
H.
Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
If approved, the developer will be financing the extension of sewer, water, local street
infrastructure, utilities and irrigation services to serve the project. The primary public costs to
serve the future residents will be fire, police and school facilities and services. City Council [lids
there will not be excessive additional requirements at public cost and that the proposed zoning
and subsequent development will not be detrimental to the community's economic welfare.
I.
Will the proposed uses not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
City Council [lids that the proposed annexation and the development of single~family homes on
this site will not involve uses that will create nuisances that would be detrimental to the general
welfare of the surrounding area.
City Council recognizes the fact that traffic and noise will increase with the approval of this
subdivision; however, staff does not believe that the amount generated will be detrimental to the
general welfare of the public. City Council does not anticipate the proposed annexation and
subsequent uses will create excessive traffic, noise, smoke, fumes, glare, or odors.
D -2
A.
B.
C.
D.
E.
D - 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005
J.
Will the area have vehicular approaches to the property which shall be so designed as not to
create an interference with traffic on surrounding public streets;
ACHD is supportive of the proposed streets. If is designed and constructed as approved by the
ACHD and the City, staff does not believe that the subdivision will create interference with traffic
on the surrounding public streets.
K.
Will not result in the destruction, loss or damage of a natural or scenic feature of major
importance; and
There are some mature trees on this property. Any existing trees larger than 4" caliper that are
removed should be mitigated for, per the Landscape Ordinance. Staff finds that the proposed
development will not result in the destruction, loss or damage of any natural feature(s) of major
importance if developed under these conditions.
L.
Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,
11-17-1992)?
City Council finds that all essential services are available or will be provided by the developer to
the subject property and will not require unreasonable expenditure of public funds. The applicant
is proposing to develop the land in general compliance with the City's Comprehensive Plan.
Subdivisions of low density have already been approved for development to the east and this is a
logical expansion of the City limits. In accordance with the findings listed above, the City
Council finds that annexation and zoning of this property would be in the best interest ofthe City.
2. Preliminary Plat Findings: Sections 12-3-3 J.2 and 12.3-5 D read as follows: "In detennining
the acceptance of a proposed subdivision, the Commission and Council shall consider the objectives of
this title and at least the following:
The conformance of the subdivision with the Comprehensive Development Plan;
Please see Annexation and Zoning Findings Item A above.
The availability of public services to accommodate the proposed development;
Please see Annexation and Zoning Findings Items G and H above.
The continuity of the proposed development with the capital improvement program;
Because the developer is installing sewer, water, and utilities for the development at their cost,
the subdivision will not require the expenditure of capital improvement funds.
The public financial capability of supporting services for the proposed development;
Please see Exhibit B for comments and conditions from other agencies and departments.
The other health, safety or environmental problems that may be brought to the
Commission's attention.
Please see Annexation and Zoning finings above.
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/13/2005
3. Variance Findings: According to Ordinance 11-18-1, Variances, the Council may authorize in
specific cases a variance from the tenus of either the Zoning or Subdivision Ordinance. Specifically, the
Ordinance lists the following Findings (MCCll-18.3), all of which must be detennined before granting a
vanance:
A.
That there are such special circumstances or conditions affecting the property that the strict
application of the provisions of this Title would clearly be impracticable or unreasonable;
The subject property is long and narrow in configuration and has been required, as part of the
ACHD approval process, to provide three stub streets to adjacent properties. The resultant
configuration creates a temporary dead end which is approximately 630 feet in length. Upon
development of the property to the west, this street would be continued for access to adjacent
properties, providing connectivity between developments that the City desires.
The applicant has provided three stub streets to the properties to the north, south and west. City
Council finds that requiring additional stubs and/or connections would not be reasonable or
practical.
B.
That strict compliance with the requirements of this Title would result in extraordinary
hardship to the owner, subdivider or developer because of unusual topography, the nature
or condition of adjacent development, other physical conditions or other conditions that
make strict compliance with this Title unreasonable under the circumstances, or that the
conditions and requirements of this Title wiIJ result in inhibiting the achievements or the
objectives of this Title;
As noted above, City Council finds that strict compliance with the City's Ordinances would not
be of benefit to the City, the surrounding property owners, or the applicant. Based on the nature
and location of stub streets within the adjacent development, City Council finds that strict
compliance to the MCC l2-4-2-F would be W1reasonable and would not result in inhibiting the
objectives of the MCc.
C.
That the granting of the specified variance will not be detrimental to the public's welfare or
injurious to other property in the area in which the property is situated;
City Council finds that the variance will not be detrimental to the public's welfare or injurious to
other properties in the area.
D.
That such variance will not have the effect of altering the interest and purpose of this Title
and the Meridian Comprehensive Plan."
Staff finds that the issuance of the variance to the maximum cul-de-sac length within the
proposed Sunstone Subdivision does not have the effect of altering the purpose and interest of the
Zoning Ordinance. The proposed subdivision increases interconnectivity (by providing three stub
streets) and reduces traffic conflicts that could occur from additional connections to Black Cat
Road.
D -4