HomeMy WebLinkAboutKeego Springs Sub VAR
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LA WAND
DECISION & ORDER
RECEIVED
MAR 3 0 2006
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In the Matter of Variance request for reduced front setbacks in a proposed R-8 zone for
Keego Springs Subdivision, by Todd Campbell.
Case No(s). V AR~05-024
For the City Council Hearing Date of: April 4, 2006
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of April 4, 2006
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of April 4, 2006
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of April 4,
2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of April 4, 2006 incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-5A.
4. Due consideration has been given to the comment(s) received from 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). V AR-O5-024- PAGE I 00
5. It is found public facilities and services required by the proposed development will
impose expense upon the public if proposal is allowed.
6. That the City has granted an order of denial 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 denial is subject to the Legal Description, Preliminary Plat,'and the all in the
attached findings in the Staff Report for the hearing date of April 4, 2006 incorporated by
reference.
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 Variance Request for reduced front setbacks in a proposed R-8 zone is
hereby denied.
D. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use pennit 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 pennit 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.
E.
Attached: Staff Report for the hearing date of April 4, 2006
By action of the City Council at its regular meeting held on the
,2006.
day of
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AR-O5-024- PAGE 2 of 3
COUNCIL MEMBER SHAUN WARDLE
VOTED
COUNCIL MEMBER JOE BORTON
VOTED
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED
COUNCIL MEMBER KEITH BIRD
VOTED
TIE BREAKER
MAYORTAMMYdeWEERD
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). V AR-O5-024- PAGE 3 of 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006
STAFF REPORT
City Council Hearing
Hearing Date: 4/4/2006
Mayor and City Council
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TO:
FROM:
SUBJECT:
Josh Wilson, Associate City Planner
Keego Springs Subdivision
. AZ-05.058
Annexation and Zoning of 49.95 acres from RUT to R-8 zone
. PP-05-060
Preliminary Plat of20l single family building lots and 9 common lots on
49.95 acres in a proposed R-8 zone
. V AR-05-024
Variance request to reduce the front setbacks in a proposed R -8 zone
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Todd Campbell, has applied for Annexation and Zoning (AZ) of 49.95 acres from RUT
(Ada County) to R-8 (Medium-Density Residential) and Preliminary Plat approval of 201 single family
residential lots and 9 common lots on 49.95 acres. The site is located east of N. Black Cat Road, and
south of Chinden Road (SH 20/26). This site currently contains a rural residence. Note: The applicant
has submitted a revised preliminary plat dated January 24, 2006 which eliminates 22 buildable lots and
adds a future school site. Please see the letter from Kurt Reliford dated January 26, 2006 for a more
detailed narrative of the changes to the plat.
2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the
item on February 2 and March 2, 2006. At the public hearing they moved to recommend approval.
a. Summary of Public Hearing:
i. In favor: Joann Butler, Jim Howard, Todd Campbell
ii. In opposition: Don Brown, representing Rambo Subdivision
iii. Commenting: Wendell Bigham
iv. Staff presenting application: Josh Wilson
v. Other staff commenting on application: Anna Canning
b. Key Issues of Discussion by Commission:
i. School site to be shared with property to south (Volterra Subdivision)
ii. Fencing on north boundary
iii. Stub street to property to south (Volterra Subdivision)
c. Key Commission Changes to Staff Recommendation:
i. Modify Condition 1.2.6 to read: "The preliminary plat shall be revised to relocate
the amenities, i.e., tot lot, gazebo, barbeque, and clubhouse and pool area on
revised Lot 11, Block 7. Lots 28, 29,30, and 31 of Block 10, and Lots 4,5,6, 7
of Block 4 will be placed in the amenities original locations. This will
consolidate all neighborhood amenities in one location to prevent pedestrians
crossing public streets as neighborhood residents use the facilities and result in
no loss of buildable lots."
Keego Springs Subdivision AZ-05-058, PP-05-060
PAGEl
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006
ii. Delete Condition 1.2.12
iii. Modify Condition 1.2.13 to read: "The applicant will hold the property labeled
"School Site" on the Keego Springs preliminary plat dated January 24, 2006,
while Joint School District No.2 finalizes negotiations with the developers of the
Volterra Subdivision for the balance of the acreage needed for the school site. If
the school district has not fmalized negotiations with Volterra by the earlier of
June I, 2006, or when utilities are available, applicant will replat the property
identified as "School Site" in conformance with applicant's original plan."
lV. Add a Condition which states: "Modify the plat to add a pedestrian micropath
from Lago Drive to the school site at some point along the north boundary of Lot
20, Block 10."
v. Add a Condition which states: "All perimeter fencing adjacent to the school site
shall be restricted to open vision fencing."
d. Outstanding Issue(s) for City Council:
i. Staff recommends that Condition 1.2.13 should amended to read: "The applicant
will hold the property labeled "School Site" on the Keego Springs preliminary
plat dated January 24, 2006, while Joint School District No.2 finalizes
negotiations with the developers of the Volterra Subdivision for the balance of
the acreage needed for the school site. If the school district has not fmalized
negotiations with Volterra and the applicant for the "School Site" by the earlier
of June 1, 2006, or when utilities are available, applicant will replat the property
identified as "School Site" in conformance with applicant's original plan."
11. Variance to front setbacks: Staff is recommending denial of the subject Variance
application (V AR-05-024) for the reasons listed herein. We do not find that the
application meets all of the fmdings required in the UDC in order for the City
Council to grant a variance (see analysis below and Exhibit D). Note: The
application is unclear as to the specific front setbacks being requested. The
applicant should clarify at the public hearing the specific front setbacks being
requested and the lots to which the variance would apply.
3. PROPOSED MOTIONS
Approve (AZ and PP)
I move to approve File Numbers AZ-05-058 and PP-05-060 as presented in the staff report for the
hearing date of April 4, 2006, and the preliminary plat dated January 24, 2006 with the following
modifications to the conditions of approval: (add any proposed modifications).
Deny (AZ and PP)
I move to deny File Numbers AZ-05-058 and PP-05-060 as presented in the staff report for the
hearing date of April 4, 2006, and the preliminary plat dated January 24, 2006 for the following reasons:
(you must state specific reasons for denial).
Approve (V AR)
I move to approve File Number V AR-05-024 as presented in the staff report for the hearing date
of April 4, 2006, and the preliminary plat dated January 24, 2006 with the following modifications to the
conditions of approval: (add any proposed modifications).
Deny (V AR)
I move to deny File Number V AR~05~024 as presented in the staff report for the hearing date of
April 4, 2006, and the preliminary plat dated January 24, 2006 for the following reasons: (you must state
specific reasons for denial).
Keego Springs Subdivision AZ-05-058, PP-05.060
PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006
Continue (All Applications)
I move to continue the public hearing for File Numbers AZ-05-058, PP-05-060, and V AR-05-024
to (date certain).
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
East of Black Cat Road, and south of Chin den Road (SH 20/26)/5910 N. Black Cat Rd
W1I2, Section 27, T4N R1 W
b. Owners:
Todd Campbell
P.O. Box 140298
Boise, Idaho 83714
c. Applicant:
Todd Campbell
P.O. Box 140298
Boise, Idaho 83714
d. Representative: Kurt Reliford, JJ Howard Engineers
e. Present Zoning: RUT
f. Present Comprehensive Plan Designation: Medium Density Residential
g. Description of Applicant's Request:
1. Date of Preliminary Plat (attached as Exhibit AI): January 24,2006
2. Date of Landscape Plan (attached as Exhibit A2): September 6, 2005
5. PROCESS FACTS
a. The subject application will in fact constitute an annexation as detennined by City Ordinance.
By reason of the provisions ofUDC 11-5B-3, a public hearing is required before the City
Council on this matter.
b. The subject application will in fact constitute a preliminary plat as deternrined by City
Ordinance. By reason of the provisions ofUDC 11-6B-2, a public hearing is required before
the City Council on this matter.
c. Newspaper notifications published on: March 13 and 27,2006
d. Radius notices mailed to properties within 300 feet on: March 10, 2006
e. Applicant posted notice on site by: March 24, 2006
6. LAND USE
a. Existing Land Use(s): Vacant agricultural land and rural residences
b. Description of Character of Surrounding Area: The area is presently mostly agricultural land
with rural residences, however the recent approvals of Bainbridge Subdivision to the east and
Volterra Subdivision to the south will drastically change the character of the area to that of a
residential neighborhood.
Keego Springs Subdivision AZ-05-058, PP-05-060
PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006
c. Adjacent Land Use and Zoning
1. North: Existing rural residences in Rambo Subdivision, zoned RUT (Ada County).
2. East: Approved Bainbridge Subdivision, zoned R-8.
3. South: Approved Volterra Subdivision, zoned R-4.
4. West: Agricultural land and rural residences in Compton's Subdivision, zoned RUT
(Ada County).
d. History of Previous Actions: None.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: The site is currently not sewerable, it is in the "North Black
Cat shed" design is currently underway but service will not be available until at '
least early 2008.
Location of water: This site currently has no water service readily available.
Public Works is currently in the decision making process to decide if water will
be extended with the sewer or if it will be development driven.
Issues or concerns: Public Works concerns revolve around the lack of services
currently available, however there is a timeline for them and other developments
in this section have been approved with the same conditions.
2. Vegetation: Existing mature trees
3. Flood plain: NA
4. CanalslDitches Irrigation: McMillan lateral
5. Hazards: None known.
6. Proposed Zoning: R-8
7. Size of Property: 49.95 acres
f. Subdivision Plat Infonnation
1. Residential Lots: 176
2. Non-residential Lots: I
3. Total Building Lots: 177
4. Common Lots: 9
5. Other Lots: N/A
6. Total Lots: 186
7. Open Lots: 9
8. Residential Area: 49.95 acres
9. Gross Density: 3.53 units per acre (4.69 net density)
g. Landscaping
1. Width of street buffer(s): 35 feet on Black Cat Road. Street buffers are not required
on any internal, local streets.
Keego Springs Subdivision AZ-05-058, PP-05-060
PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006
2. Width of buffer( s) between land uses:
N/A
3. Percentage of site as open space: 3.03 acres/6.04%
4. Other landscaping standards: Landscaping adjacent to micro-paths should comply
with UDC ll-3B-12. Common open space lots should include at least one deciduous
shade tree per 8,000 square feet (UDC ll-3G-3E2).
h. Proposed and Required Non~Residential Setbacks: per the R-8 zone for detached single family
R-8 Standard
Front (Living area)
Front (Garage)
Side
15 feet
20 feet
Rear
4 feet
12 feet
Max. Building Height
Min. Lot Size
35 feet
5,000 square feet
4,000 square feet
50 feet
Min. Lot Size (Alleys)
Min. Street Frontage
Min. Street Frontage (Alleys) 40 feet
i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access
to the development will be from N. Black Cat Road to Cascada Street and from proposed
extensions of Oceano Drive and Corazon Street. Staff recommends that the applicant should
be required to connect to the approved stub from Volterra Subdivision to the south. Please see
ACHD report and analysis below for details.
7. COMMENTS MEETING
On December 30, 2005 Planning Staff held an agency comments meeting. The agencies and departments
present included: 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 between three and eight dwellings per
acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 176 single-family
lots on 49.95 acres for a gross density of 3.53 dwelling units/acre. Staff finds that the overall density is
within the range of a medium density project.
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):
.
Chapter VII, Goal III, Objective A, Action 1 - Require that development projects have planned
for the provision of all public services.
Tf'hen 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 sen;ices to the lands proposed to be
annexed in the following manner:
Keego Springs Subdivision AZ-05-058, PP-O5-060
PAGES
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRlL 4,2006
.
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 6 - Require street connections between subdivisions at
regular intervals to enhance connectivity and better traffic flow.
The submitted preliminary plat proposes to extend two stub streets ¡rom Bainbridge Subdivision
(Oceano Drive and Corazon Street) and staff has recommended that the applicant be required to
connect to the stub streetfrom Volterra Subdivision to the south, which is in compliance with the
conditions of approval from ACHD.
.
Chapter VI, Goal II, Objective A, Action 13 - Review new development for appropriate
opportunities to connect to local roads and collectors in adjacent developments.
See analysis above.
.
Chapter VII, Goal IV, Objective D, Action 2 - Restrict curb cuts and access points on collectors
and arterial streets.
The applicant has proposed one curb cut on N Black Cat Road for Cascada Street, which was
approved by A CHD and is supported by staff
.
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 proposed single-family residential
properties to the south and east, and the existing residential properties to the north will be
compatible with the proposed development.
.
Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-,
medium-, and high-density single family, multi-family, townhouses, duplexes, apartments,
condominiums, etc.) for the purpose of providing the City with a range of affordable housing
opportunities.
Keego Springs Subdivision AZ-05-058, PP-05-060
PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006
The subject application includes a request for the R-8 zone. Bainbridge Subdivision to the east
obtained R-8 zoning and Volterra Subdivision to the south obtained R-4 zoning. 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.
Staff believes that the proposed density (3.53 d.u./acre) and zoning (R-8) jor this property is appropriate.
Staff recommends that the Commission and Council rely on any verbal or written testimony that may be
provided at the public hearing when determining if the applicant's zoning and development request is
appropriate for this property.
9. ZONING ORDINANCE
a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single family detached homes as a
Pennitted Use in the R-8 zone.
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. Please see
Exhibit D for detailed analysis of facts and findings.
The annexation legal description submitted with the application (prepared on September 15, 2005
by James Howard, PLS) shows the property as contiguous to the existing corporate boundary of
the City of Meridian.
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 Citv 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 be subdivided in accordance
with the City of Meridian Unified Development Code.
Keego Springs Subdivision AZ-05-058, PP-05-060
PAGE 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006
. Prior to submittal of the final plat, the applicant shall provide documentation that the
negotiations with Voltecra Subdivision for the other portion of the school site have been finalized
and that Joint School District No.2 approves of the configuration provided.
PRELIMINARY PLAT ANAL ¥SIS: 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 townhouse residential
products. Please see Exhibit D for detailed analysis of facts and findings.
1. Landscape Lot alone Cascada Street: The building lots along Cascada Street at the
entrance to the subdivision in Blocks 1 and 10 are what the Unified Development Code
derIDes as "through lots," meaning they have frontage on two parallel streets. While City
Code does not specifically prohibit through lots, staff does discourage their use to prevent
traffic interference and control access to internal roadways. Staff recommends that the
preliminary plat should be revised to place a 10.foot wide landscape lot, to be owned by
the Homeowner's Association, along both sides of Cascada Street to the intersection of
Invierno Avenue. This will prevent direct lot access to Cascada Street and ensure safe
and efficient vehicular access on the subdivision access road.
2. Amenities: The applicant has proposed three separate community amenities near the
center of the development: a barbeque area, a tot lot, and a swimming pool with a
clubhouse. The proposed amenities are located at the terminus of Cascada Street and are
all separated by public streets. While staff supports the central location of the amenities,
we fmd that the potential danger from pedestrians crossing the entrance road into the
subdivision that could carry over 1,000 vehicle trips per day outweighs the benefits. Staff
recommends that the amenities should be consolidated in one location to prevent
pedestrians crossing public streets as neighborhood residents use the facilities. The
relocation would not result in a loss of buildable lots, as the tot lot and barbeque area
could be moved adjacent to the pool area and the eight home sites that this would
displace could be moved to the fonner location of the tot lot and barbeque area.
3. Parkways: The applicant has proposed a 34-foot street section with 5-foot detached
sidewalks separated from the roadway by an 8-foot parkway strip which contains street
trees. Staff is supportive of this design, with the restriction that the tree species are
limited to Class II trees per UDC 11-3A-17 and that the portion of the detached sidewalk
which lies outside of the right-of-way be contained in an easement to benefit the Ada
County Highway District. Setbacks will be measured from the back edge of the
sidewalk.
4. Stub Streets: Per the ACHD report, the preliminary plat shall be revised to show a public
street connection to the stub street approved with Voltecra Subdivision which lies
approximately 330 feet east of Black Cat Road. Staff is supportive of the two other stub
street connections shown, Corazon Avenue and Oceano Drive.
5. School Site: In response to concerns expressed by the Joint School District No.2, the
applicant has revised their proposal to include a school site which will lie partly within
the proposed subdivision, and partly within the previously approved Voltecra
Subdivision. Staff is supportive of this configuration with the following change: The
preliminary plat should be modified to eliminate the building lots shown as Lots 19, 21,
and 22, Block 10, and include the land in the proposed school site. Prior to submittal of
Keego Springs Subdivision AZ-05-058, PP-05-060
PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006
the final plat, the applicant shall provide documentation that the negotiations with
Volterra Subdivision for the other portion of the school site have been finalized and that
Joint School District No.2 approves of the configuration provided. The school site will
require conditional use approval prior to construction and is not approved with the
subject applications.
6. Allevs: The proposed subdivision has building lots with access to proposed alleys. Staff
is supportive of the design and the proposed lots and alleys meet the dimensional
requirements of the Unified Development Code, and the alleys were approved by ACIID.
7. Variance for Block Lenlrth and Setbacks: The applicant has submitted a Variance
application for reductions to the front setbacks. The applicant has not stated what they
are requesting for front setbacks; the applicant shall address the front setbacks at the
public hearing and submit revised information which clarifies the variance request prior
to being scheduled for a City Council hearing.
8. Pressure IrrÜzation: 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 fmal plat by the City Engineer. An underground, pressurized irrigation system should
be installed to all landscape areas per the approved specifications and in accordance with
UDC 11-3A-I5 and MCC 9-1-28.
9. Fencinl!: The applicant has submitted a detailed fencing plan (on the landscape plan
dated September 8, 2005) with the preliminary plat application for the subdivision. The
applicant has proposed perimeter fencing along Black Cat Road and Cascada Street. Any
perimeter fencing must be completed prior to issuance of building pennits. 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 lI-3A- 7.
10. Common Areas: Maintenance of all common areas shall be the responsibility of the
Keego Springs Home Owners' Association.
11. Ditches. Laterals. and Canals: Per UDC II-3A-6 all irrigation 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.
VARIANCE ANALYSIS: The applicant has requested a variance for reduced front (street)
setbacks for the alley loaded lots contained in Blocks 2, 3, 11, and 12. The required setbacks in
the R-8 district are 20 feet to the garages and 15 feet to the living areas. The proposed
subdivision is located on vacant land and there are not existing site constraints which justify the
reduction of building setbacks. The applicant has the ability to modify the proposed preliminary
plat to create lots which accommodate the required setbacks for the R-8 district. Note: The
application is unclear as to the specific front setbacks being requested. The applicant should
clarify at the public hearing the specific front setbacks being requested and the specific lots to
which the variance would apply.
b. Staff Recommendation: Staff recommends approval of AZ-05-058 and PP-05-060, and denial
of V AR-O5-024 for Keego Springs Subdivision as presented in the staff report for the hearing
Keego Springs Subdivision AZ-05-058, PP-05-060
PAGE 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006
date of April 4, 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. Staff has prepared findings
consistent with this recommendation.
11. EXHmITS
A. Drawings
1. Prelinúnary Plat (dated: January 24,2006)
2. Landscape Plan (dated: September 8, 2005)
B. Conditions of Approval
I. 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
Keego Springs Subdivision AZ-05-058, PP-05-060
PAGE 10
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006
A. Drawings
1. Preliminary Plat (dated: January 24,2006)
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Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006
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2. Landscape Plan (dated: September 8,2005)
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Exhibit A
1.2
1.2.1
1.2.2
1.2.3
1.2.4
1.2.5
1.2.6
Exhibit B
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006
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 City Attorney. Bill Narv. 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 permit, the subject property be subdivided in accordance
with the City of Meridian Unified Development Code.
. Prior to submittal of the fmal plat, the applicant shall provide documentation that the
negotiations with VoltelTa Subdivision for the other portion of the school site have been
finalized and that Joint School District No.2 approves of the configuration provided.
SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT
The preliminary plat prepared by JJ Howard Engineering, dated January 24, 2006, is approved,
with the conditions listed herein. All comments/conditions of the accompanying
Annexation/Zoning (AZ-05-058) shall also be considered conditions of the Preliminary Plat (PP-
05-060).
Maintenance of all common areas shall be the responsibility of the Keego Springs Subdivision
Homeowners' Association.
The preliminary plat shall be modified to reflect the conditions contained in this report and 10
copies shall be submitted no later than 10 days prior to the City Council hearing on the
applications.
The landscape plan shall be modified to reflect the conditions contained in this report and the
revised preliminary plat and shall be submitted with the fmal plat application.
The preliminary plat shall be revised to place a 10-foot wide landscape lot, to be owned by the
Homeowner's Association, along both sides of Cascada Street to the intersection of Inviemo
Avenue.
The preliminarv plat shall be revised to relocate the amenities. i.e.. tot lot. gazebo. barbeque. and
clubhouse and pool area on revised Lot 11. Block 7. Lots 28. 29. 30. and 31 of Block 10. and Lots
4. 5. 6. 7 of Block 4 will be placed in the amenities original locations. This will consolidate all
neighborhood amenities in one location to prevent pedestrians crossing public streets as
neighborhood residents use the facilities and result in no loss of buildable lots.
1.2.7
1.2.8
1.2.9
1.2.10
1.2.11
1.2.12
1.2.13
1.2.14
1.2.15
1.2.16
1.2.17
1.2.18
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006
Per UDC 11-3A-17, the 8-foot parkways shall be restricted to Class II tree species.
That portion of the detached sidewalk which lies outside of the right-of-way shall be contained in
an easement which dedicates pedestrian cross-acess and is in favor of the Ada County Highway
District, and said easement shall be depicted on the fmal plat or an instrument number referenced
in a plat note.
Street setbacks shall be measured fTom the back edge of sidewalk per UDC 11-2A-6.
There shall be a 20-foot by 20-foot parking pad provided on all alley loaded lots between the
garage and the alley edge per UDC 11-3C-6.
The preliminary plat shall be revised to show a public street connection to the stub street
approved with Volterra Subdivision which lies approximately 330 feet east of Black Cat Road.
T1:1e 13relimiflal')' 131at s1:1m:1.ld be FB.8difiød to e1:imH1ate tàe buildiÐg lots sho\\'ll as Lots 19, 21, aFld
22, Ble8k 10, aad iBelade t1:1e laÐ.d ifl the 13røposed 881:1001 site, SflOWfl as Lot 20, Bloek 10.
The aUDlicant will hold the Droperty labeled "School Site" on the KeelZo Sprinl!s preliminary plat
dated January 24. 2006. while Joint School District No.2 finalizes negotiations with the
develoDers of the Volterra Subdivision for the balance of the acreal!e needed for the school site.
If the school district has not fmalized negotiations with Volterra and the applicant for the "School
Site" by the earlier of June I. 2006. or when utilities are available. applicant will replat the
prouerty identified as "School Site" in confonnance with apulicant' s orie:inal ulan.
Fencing on all lots adjacent to interior common open space lots shall comply with UDC 11-3A- 7.
The applicant has submitted a detailed fencing plan (on the landscape plan dated September 8,
2005) with the preliminary plat application for the subdivision. The applicant has proposed
perimeter fencing along Black Cat Road and Cascada Street. Any perimeter fencing must be
completed prior to issuance of building pennits. All fencing should be installed in accordance
with UDC 11-3A-7.
All areas approved as open space shall be free of wet ponds or other such nuisances. All
stonnwater detention facilities incorporated into the approved open space are subject to 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 pennitted under UDC 11-3B. If
the stonnwater detention facility cannot be incorporated into the approved open space and still
meet the standards of UDC 11-3A-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.
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.
Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural watezways and
watelWays being used as amenities, that intersect, cross or lie within the area being subdivided
shall be covered.
1.2.19 Modify the plat to add a pedestrian micropath from LalZO Drive to the school site at some point
alonl! the north boundary of Lot 20. Block 10.
1.2.20 All uerimeter fencing adjacent to the school site shall be restricted to open vision fencinlZ.
1.3 GENERAL REQUIREMENTS-PRELIMINARY PLAT
Exhibit B
1.3.3
1.3.4
1.3.5
1.3.6
1.3.7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006
1.3.1
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 tìna1 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 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 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 irrigation/drainage district, or lateral users association (ditch
owners), with written approval or non-approval submitted to the Public Works Department. If
lateral users association approval can not be obtained, alternate plans will be reviewed and
approved by the City Engineer prior to final plat signature.
Staff's failure to cite specific ordinance provisions or tenus of the approved
annexation/conditional use does not relieve the applicant of responsibility for compliance.
1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B- 7.
2. PUBLIC WORKS DEPARTMENT
2.1
2.2
2.3
Exhibit B
A majority of this development is not currently serviceable by the City of Meridian's sewer
system. This area is master planned to drain to the yet to be built "North Black Cat Lift Station".
The "North Black Lift Station" is under design at this time, however it will not be allowed to be
activated until the upgrades to the treatment plant are completed, projected completion date is
early 2008. If this development is approved, it shall be subject to the North Black Cat sewer
system being available.
At such time as the development is sewerable the applicant shall install mains to and through
this proposed development; 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.
No "interim" or "temporary" sewer lift stations shall be allowed.
2.7
2.8
2.9
2.10
2.11
2.12
2.13
2.14
2.15
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006
2.4
Water service to this site is being proposed via extension of future mains in Black Cat Road. The
applicant shall be responsible to install water mains to and through 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 foTIns. Submit an
executed easement (supplied by Public Works), a legal description, which must include the area
of the easement (marked EXHIBIT A) and an 81/2" x II" map with bearings and distances
(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a
Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this
docwnent.
The applicant has not indicated who will own and operate the pressure irrigation system in this
proposed development. If it is to be maintained as a private system, plans and specifications will
be reviewed by the Public Works Department as part of the construction plan review. A "draft:
copy" of the operations and maintenance manual will be required prior to plan approval with the
"final draft:" being required prior to final plat signature on the last phase ofthis project.
If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be
submitted prior to scheduling of a pre-construction meeting.
The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (UDC 11-3A-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.
Add a note that states which lots are to be common lots and addresses ownership and
maintenance of said lots.
2.5
2.6
Additional width to the public utilities, drainage and irrigation easement along the right-of way
shall be dedicated where the sidewalk is located past the right~of.way. The additional width
needs to be sufficient to allow for 10 feet of "free and clear" easement past the sidewalk.
Any existing domestic wells and/or septic systems within this project shall be removed from
domestic service per City Ordinance Section 9~ 1-4 and 9-4-8. Wells may be used for non-
domestic purposes such as landscape icrigation.
Street signs are to be in place, water system shall be approved and activated, fencing installed,
drainage lots constructed, road base approved by the Ada County Highway District and the Final
Plat for this subdivision shall be recorded, prior to applying for building permits.
A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
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
2.16
2.17
2.18
2.19
2.20
2.21
2.22
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006
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 Army Corps of Engineers.
Developer shall coordinate mailbox locations with the Meridian Post Office.
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 ofthe 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 DEPARTMENT
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 fire protection will be by the Meridian Fire Department and water
quality by the Meridian Water Department for bacteria testing.
3. 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 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 fmish grade.
g. Fire hydrants shall be provided to meet the requirements ofthe IFC 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.
6. Provide a 20-foot wide Fire Lane for all internal roadways all roadways shall be marked in
accordance with Appendix D Section DI03.6 Signs.
7. Operational fife hydrants, temporary or pennanent street signs and access roads with an all weather
surface are required before combustible construction is brought on site.
8. To increase emergency access to the site a minimum of two points of access will be required for any
portion of the project, which serves more than 50 homes. The two entrances should be separated by
Exhibit B
,...,.
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006
no less than Y2 the diagonal measurement of the full development. The applicant shall provide a stub
street to the property to the south.
9. Building setbacks shall be per the International Building Code for one and two story construction.
10. The proposed 176-10t subdivision with an estimated 2.9 residents per household would have a total
estimated population of 510 residents at build out.
11. The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost of this installation is to be
borne by the developer.
12. Provide a Knox box entry system for the complex prior to occupancy.
13. 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
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).
14. Emergency response routes and fire lanes shall not be allowed to have speed bumps.
15. Pool chemicals shall be stored in compliance with the International Fire Code.
4. POLICE DEPARTMENT
1. The proposed plat and/or site design encourages high-speed, cut-through traffic. The applicant
shall work with the Ada County Highway District to provide traffic calming design to decrease
travel speeds on Inviemo Avenue.
2. The pedestrian access to the proposed clubhouse/community entrance is not well-defmed. The
applicant shall submit a revised landscape plan that uses walkway paving materials and
landscaping to alert motorists to the pedestrian traffic.
3. 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. No comments received.
6. SANITARY SERVICE COMPANY
1. No comments received.
7. ADA COUNTY HIGHWAY DISTRICT
Site Specific Conditions of Avproval
1.
The applicant shall do one ofthe following:
a. Dedicate by donation a total of 48-feet of right-of-way along Black Cat Road, and construct a
minimum 5-foot wide concrete sidewalk along Black Cat Road, located a minimum of 41-feet
from the centerline of the right-of-way.
Exhibit B
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006
b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete
sidewalk along Black Cat Road, located a minimum of 41-feet from the centerline of the right-of-
way, in an easement provided to the District.
c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete
sidewalk along Black Cat Road, located at the back edge ofthe existing right-of-way.
Accomplish all necessary adjustments to properly accommodate existing drainage and utilities.
Construct Cascada Street to intersect Black Cat Road approximately 800-feet north of the south
property line, as proposed.
Construct the internal streets as 34-foot street sections with rolled curb, gutter and 5-foot
sidewalks that are detached by an 8-foot landscape strip within 50-feet of right-of-way. Provide
the District with an easement for the sidewalk that is proposed to be located within an easement
outside of the right-of~way. Provide the District with Fire Departmental approval to construct the
reduced street section.
Extend Oceano Drive from the east property line approximately 630-feet north of the south
property line, as proposed.
Construct Corazon Street as a stub street to the east property line approximately 100-feet south of
the north property line, as proposed. Install a sign at the tenninus of the roadway that states, "this
roadway will be extended in the future."
Shift the proposed stub street that is proposed to be located approximately 480-feet east of Black
Cat Road approximately l40-feet to the west to match the stub street that was previously
approved with Volterra Subdivision.
Construct two 20-foot wide alleys located between Corriente Street and Oceano Street and Azul
Street and Corazon Street, as proposed. Dedicate 20-feet ofright-of-way for the alley and pave
the right-of-way its entire width. An access to an alley shall be located a minimum of 25-feet
from the nearest public street.
Construct a center island within Cascada Street, as proposed. Construct the island to be a
minimum of 4~ feet wide with a minimum area of 100-square feet and 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 are
required to be owned and maintained by a homeowners association. Notes of this will be
required on the final plat.
Comply with the District's Interim Tree Planting Policy.
Construct a left hand turn lane on Black Cat Road at the intersection of Cas cad a Street.
Coordinate the design of the turn lane with District staff.
Construct a right hand turn lane on Black Cat Road at the intersection of Cascada Street.
Coordinate the design of the turn lane with District staff.
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006
13.
Other than the access point that has specifically been approved with this application, direct lot
access to Black Cat Road is prohibited. A note stating this access restriction will be required on
the final plat.
14.
Comply with all Standard Conditions of Approval.
Standard Conditions of Avvroval
1.
Any existing irrigation facilities shall be relocated outside ofthe right-of-way.
2.
Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of-way.
3.
All utility relocation costs associated with improving street frontages abutting the site shall be
bome by the developer.
4.
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.
5.
Comply with the District's Tree Planter Width Interim Policy.
6.
Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
7.
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.
8.
The applicant shall submit revised plans for staff approval, prior to issuance of building permit
(or other required pennits), which incorporates any required design changes.
9.
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.
10.
Payment of applicable road impact fees are required prior to building construction in accordance
with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance.
11.
It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
12.
No change in the terms and conditions ofthis approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative ofthe Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
Exhibit B
,----~
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006
13.
Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subj ect property unless
a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006
C. Legal Description
¡HEVldv- "J'f'f>":V~v----", I
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EXHIBIT A
"I'dOI/IN P,J6L1;:;
,', 't,;~:'DW; DE"-"
PROPERTY DESCRIPTION
FOR
KEEGO SPRINGS
A parcel of/and lying in the WII2 NWII4 of Section 27, Township 4 North, Range I
West, Boise Meridian, Ada County,ldaho, said parcel being more particularly described
as follows;
Commencing at a point marking the W 114 Comer of said Section 27, said point also
being the POINT OF BEGINNING;
Thence N.OoolO'43"W. 1649.32 feet along the west line of the said NWII4 of Section 27
to a point;
Thence S.89°58'27"E. 1324.17 feet to a point lying on the east line of the said Wl/2
NWl/4 of Section 27;
Thence S.OooI2'35"E. 1648.50 feet along the said east line of the WI/2 NWI/4 of
Section 27 to a point marking the WlII6 Comer of said Section 27;
Thence S.89°59'25"W, 1325.06 feet along the south line of the said NWlI4 of Section 27
to the POINT OF BEGINNING.
Said parcel contains 49.95 acres. more or less, and is subject to all existing easements and
right-of-ways of record or implied.
Koqo S InIIp Lq¡&I <k5oriplion 09140Slmm do.:
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006
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Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006
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;
The applicant is proposing to zone all of the subject property to R-8. 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.
2.
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-8 as a Principally Pennitted Use. The accompanying plat
demonstrates the land will be developed with lot sizes, housing types and other
dimensional requirements that conform to the proposed zoning designation.
The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
3.
4.
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 finds 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.
The annexation is in the best of interest ofthe City (UDC 11-5B-3.E).
5.
The R-8 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 subj ect 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 [lids that
Annexation and Zonine: of this property to R-8 would be in the best interest of the City.
2. Preliminary Plat Findings:
Exhibit D
In consideration of a preliminary plat, combined preliminary and final plat, or short plat,
the decision-making body shall make the following findings:
1.
The plat is in conformance with the Comprehensive Plan;
City Council finds that the proposed application is in substantial compliance with the
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006
adopted Comprehensive Plan. Staff generally supports the proposed plat layout and
proposed 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;
3.
City Council fmds that public services are available to accommodate the proposed
development. (See fmding 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;
4.
Because the developer is installing sewer, water, and utilities for the development at their
cost, staff finds that the subdivision will not require the expenditure of capital
improvement funds.
There is public financial capability of supporting services for the proposed
development;
4.
(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
5.
City Council is not aware of any health, safety or environmental problems associated
with the development of this subdivision that should be brought to the Councilor
CoIllllÚssion's attention. ACHD considers road safety issues in their analysis.
The development preserves significant natural, scenic or historic features.
City Council is unaware of any natural, scenic or historic features on this site. Therefore,
staff finds that the proposed development will not result in the destruction, loss or
damage of any natural, scenic or historic feature(s) ofmajorimportance.
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 of the UDC to review the variance request. In order to grant a
variance, the Council shall make the following findings:
Exhibit D
1.
The variance shall not grant a right or special privilege that is not otherwise allowed
in the district:
City Council finds that the granting of a variance to the property would grant a right or
privilege that is not otherwise allowed in the district. There are not existing site
constraints which justify the reduction of building setbacks and the applicant has the
ability to modify the proposed preliminary plat to create lots which accommodate the
required setbacks for the R-8 district.
2.
The variance relieves an undue hardship because of characteristics of the site;
The proposed subdivision is located on vacant land and there are not existing site
constraints which justify the reduction of building setbacks. The applicant has the ability
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006
3.
to modify the proposed preliminary plat to create lots which accommodate the required
setbacks for the Rw8 district. Based on this fact, City Council finds that special
circumstances do not 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 reduced front setbacks to be reduced would not be
detrimental to the public health, safety, and/or welfare.
Exhibit D