HomeMy WebLinkAboutBear Creek West Subdivision AZ-05-064 PP-05-064
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LA WAND
DECISION & ORDER
RECEIVED
MAY Os 2006
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In the Matter of Annexation and Zoning of 116.81 acres from RUT to R-8 (Medium
Density Residential) AND Preliminary Plat Approval for 321 single family residential lots
and 34 common lots on 116.81 acres by Tuscany Development.
Case No(s). AZ-05-064, PP~05-064
For the City Council Hearing Date of: April 4, 2006 (approved on April 25, 2006)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of Apri14, 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 confelTed upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503).
2. The Meridian City Council takes jupicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all CUlTent zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-5A.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-OS.O64 and PP-OS-O64- PAGE 1 of 4
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description, Preliminary Plat, and the
Conditions of Approval all in the attached Staff Report for the hearing date of April 4,
2006 incorporated by reference. The conditions are concluded to be reasonable and the
applicant shall meet such requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
Submitted and REVISED March 2, April 18. 2006 is hereby conditionally approved;
2. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of April 4, 2006 incorporated by reference; and,
3. The following modifications to site specific conditions were made at the City Council
hearing:
a. Those portions of Lots 112 and 113. Block 5. that are currently encumbered by
the NMID easement for the Ridenbaul!h Canal. shall be made to be in a common lot
(the buildable lots shall not be encumbered by the easement.)
D. Notice of Applicable Time Limits
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 ofthe approval ofthe preliminary plat or one (1) year ofthe
combined preliminary and final plat or short plat. In the event that the development of
the preliminary plat is made in successive phases in an orderly and reasonable manner,
and conforms substantially to the approved preliminary plat, such segments, if
submitted within successive intervals of eighteen (18) months, may be considered for
final approval without resubmission for preliminary plat approval. Upon written request
and filed by the applicant prior to the termination of the period in accord with 11-6B-
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-OS-O64 and PP-OS-O64- PAGE 2 of 4
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 CUlTent provisions of Meridian City Code
Title 11. Ifthe above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again.
Notice of Final Action and Right to Regulatory Takings Analysis
E.
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F.
Attached: Staff Report for the hearing date of April 4, 2006
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-OS-O64 and PP-OS.O64- PAGE 3 of 4
By action of the City Council at its regular meeting held on the
Mar,2006.
q 1£ day of
COUNCIL MEMBER SHAUN WARDLE
VOTED
fþ-
COUNCIL MEMBER JOE BORTON
VOTED ~~
VOTED~
VOTED~
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
TIE BREAKER
MAYOR TAMMY de WEERD
VOTED
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ATTEST:
Copy served upon:
By:
City Clerk's Office
Dated:
CITY OF MERIDIAN fINDINGS OF FACT, CONCLUSrONS Of LAW AND DECISION & ORDER
CASE NO(S). AZ-OS-O64 and PP-OS-O64- PAGE 4 of 4
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 (approved 4-25-06)
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TO:
FROM:
SUBJECT:
Mayor and City Council
Josh Wilson, Associate City Planner
Bear Creek West Subdivision
. AZ-05-064
Annexation and Zoning of 116.81 acres from RUT and Rl to R-8 zone
. PP-05-064
Preliminary Plat of 320 single family building lots and 34 common lots on
116.81 acres in a proposed R-8 zone
. V AR-05-026
Variance to exceed the maximum block length for Bear Creek West
Subdivision
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Tuscany Development, has applied for Annexation and Zoning (AZ) of 116.81 acres from
RUT and Rl (Ada County) to R-8 (Medium-Density Residential) and Preliminary Plat approval of 320
single family residential lots and 34 common lots. The site is located west of Stoddard Road, east of
Linder Road, and south of Overland Road. This site currently contains vacant land.
2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the
item on January 19 and February 16,2006. At the public hearing they moved to recommend
approval.
a.
Summary of Public Hearing:
i. In favor: Becky McKay
ii. In opposition: None.
111. Commenting: Don Weber, Neil Bowl, Chuck Rough, James Prather, Allen
Bradshaw, Jan Young
IV. Staff presenting application: Josh Wilson
v. Other staff commenting on application: Mike Cole
b. Key Issues of Discussion by Commission:
i. Lot sizes on perimeter of subdivision
ii. Impact of subdivision on existing church to the north and vice versa
c. Key Commission Changes to Staff Recommendation:
i. Delete Condition 3.2
ii. Modify Condition 1.3.6 to reference the Ridenbaugh Canal
iii. Incorporate changes from the January 19, 2006 email from Becky McKay to Don
Weber (NOTE: The applicant has submitted a revised preliminary plat dated
March 2.2006 which complies with these chan¡zes):
1. Move Elias Drive south 10 feet and increase the depth of the lots
adjoining the church facility to 150 and 155 feet in depth.
2. Adjust lot lines to reduce the number of lots that adjoin the church parcel
from three to two.
Bear Creek West Subdivision AZ.OS-O64, PP-OS-064, V AR-OS-026
PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006
3. The two lots adjoining the church property will be restricted to single
story homes.
4. A two foot berm with a six foot sight obscuring fence will be installed
along the north boundary of the Bear Creek West property.
5. The developer will install a landscape buffer on the north side of the two
lots which adjoin the church facility.
6. The developer shall disclose in purchase agreements for lots which
adjoin the church facility that outdoor activities take place at the church.
These activities are approved and pre-existing, and should in no way be
considered a nuisance. This language shall also be included in the
covenants of the subdivision.
d. Outstanding Issue(s) for City Council:
i. Block Length Variance: Staff is recommending approval of the subj ect Variance
application (V AR-05-026) for the reasons listed herein. We fmd that the
application meets all of the findings required in the UDC in order for the City
Council to grant a variance (see analysis below and Exhibit D).
3. PROPOSED MOTIONS
Approve (All Applications)
I move to approve File Numbers AZ-05-064, PP-05-064, and V AR-05-024 as presented in the
staff report for the hearing date of April 4, 2006, and the preliminary plat dated Marefl2, April 18. 2006
with the following modifications to the conditions of approval: (add any proposed modifications).
Deny (All Applications)
I move to deny File Numbers AZ-05-064, PP-05-064, and V AR-05-026 as presented in the staff
report for the hearing date of April 4, 2006, and the preliminary plat dated Marek 2, April 18., 2006 for
the following reasons: (you must state specific reasons for denial).
Continue (All Applications)
I move to continue the public hearing for File Numbers AZ-05-064, PP-05-064, and V AR-05-026
to (date certain).
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
West ofS. Stoddard Road, east ofS. Linder Road, and south ofW. Overland Road
Wl/2, Section 24, T3N Rl W
b. Owners:
1. Tuscany Development
P.O. Box 344
Meridian, Idaho 83642
2. Kenai Partners, LLC
6223 N. Discovery Way
Boise, ill 83713
3. Richard C. and Rebecca Groves
Bear Creek West Subdivision AZ-OS-O64, PP-OS-064, V AR-OS-026
PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006
6223 N. Discovery Way
Boise, ill 83713
4. Nick and Zhana Hansen
P.O. Box 140838
Boise, ill 83714
c. Applicant:
Tuscany Development
P.O. Box 344
Meridian, Idaho 83642
d. Representative: Becky McKay, Engineering Solutions, LLP
e. Present Zoning: RUT and Rl
f. Present Comprehensive Plan Designation: Medium Density Residential
g. Description of Applicant's Request:
1. Date of REVISED Preliminary Plat (attached as Exhibit AI): Mareh.2, 2006 April
18.2006
2. Date of Landscape Plan (attached as Exhibit A2): November 11, 2005
h. Applicant's Statement/Justification (reference submittal material): "It is in the best interest of
the City that the property be annexed to the City of Meridian with a zoning of R-8. The project
will provide a diversity of housing and lot sizes. The proposed overall net density (3.52) of the
project complies with the City's designation of Medium Density Residential, which calls for 3-8
units per acre. The proj ect offers a variety oflot sizes within the development and construction of
a portion of the City of Meridian's multi-use pathway system. The project also offers amenities
for the neighborhood while still providing an urban density development"
5. PROCESS FACTS
a. The subject application will in fact constitute an annexation and/or rezone as determined by
City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 16, a
public hearing is required before the City Council on this matter.
b. The subject application will in fact constitute a preliminary plat as determined by City
Ordinance. By reason 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: 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 25,2006
6. LAND USE
a. Existing Land Use(s): Vacant land and a rural residence
b. Description of Character of Surrounding Area: Mostly agricultural land with some rural
residences and the existing Bear Creek Subdivision to the east.
c. Adjacent Land Use and Zoning
Bear Creek West Subdivision AZ-OS-O64, PP-OS.064, V AR-OS-026
PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006
1. North: Existing rural residences and agricultural land, zoned RUT and Rl (Ada
County) and R-8.
2. East: Existing residences in Bear Creek Subdivision, zoned R-4 and a future middle
school site, zoned RUT (Ada County).
3. South: Existing rural residences in Eggers, Model Fann Acres, and Pebble Lane
Estates Subdivisions, zoned Rl (Ada County).
4. West: Rural residences in Ariel Estates Subdivision, zoned Rl (Ada County) and
agricultural land, zoned RUT (Ada County).
d. History of Previous Actions: None.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: CulTently not serviceable. Will sewer in the future to the
Black Cat Trunk.
Location of water: There is water in S. Stoddard.
Issues or concerns: The need for a second water feed. Not currently serviceable
by the City of Meridian' s sewer system.
2. Vegetation: None.
3. Flood plain: NA
4. CanalslDitches Irrigation: The property is bounded on the south by the Ridenbaugh
Canal.
5. Hazards: None.
6. Proposed Zoning: R-8
7. Size of Property: 116.81 acres
f. Subdivision Plat Infonnation
1. Residential Lots: 320
2. Non-residential Lots: 1
3. Total Building Lots:
4. Common Lots: 34
5. Other Lots: N/A
6. Total Lots: 354
7. Open Lots: 34
8. Residential Area: 116.81
9. Gross Density: 2.74 units per acre
g. Landscaping
1. Width of street buffer(s): A 25-foot wide street buffer is required along Linder Road
which is an arterial street, and a 20-foot wide street buffer is required along Stoddard
Road, which is an urban collector (UDC 11-2A-5). The applicant is proposing a 35-
foot wide landscape buffer along Linder Road and a 30-foot wide landscape buffer
321
Bear Creek West Subdivision AZ-OS-064, PP-OS-064, V AR-OS-026
PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006
along Stoddard Road Road. Staff is generally supportive of the street buffer widths
proposed, however the existinll home on Linder Road that is to remain must take
access from internal streets within the subdivision and a 25-foot street buffer must be
provided along: Linder Road adjacent to the home. Street buffers are not required on
any of the internal, local streets. The applicant is proposing to provide a 20-foot street
buffer on W. Kodiak Drive, which is consistent with a collector roadway. Staff is
supportive of the proposed street section design.
2. Width ofbuffer(s) between land uses: N/A
3. Percentage of site as open space: 16.38 acresl14% (including street buffers) and 12.05
acres/10.3% (excluding street buffers).
4. Other landscaping standards: Landscaping adjacent to micro~paths should comply
with ODC 11-3B-12. Common open space lots should include at least one deciduous
shade tree per 8,000 square feet (ODC 11.3G.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
35 feet
Min. Lot Size 5,000 square feet
Min. Street Frontage 50 feet
i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access
to the development will be from Kodiak Drive, with one access point to S. Linder Road and
one access point to S. Stoddard Road. The existing access to Linder Road must be eliminated.
Please see ACHD report and discussion below for details.
7. COMMENTS MEETING
On December 30, 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
This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use
Map. Medium density residential areas are anticipated to contain from three to eight dwellings per acre
(see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 320 single-family lots
on 116.81 acres for a gross density of 2.74 dwelling units/acre. As allowed by Note #2 on the face of the
Future Land Use MaD. the aDDlicant is reQuesting a step down in density and zoning: designation. from
medium to low. A ComDrehensive Plan MaD amendment is not required for the City to Drocess the
a licant's re uest for the R-8 zone for a ro ert desi ated for Medium Densit Residential use. Staff
[mds that the following Comprehensive Plan policies apply to this application:
Bear Creek West Subdivision AZ-OS-064, PP-OS-064, V AR-OS-026
PAGES
.
Chapter VII, Goal III, Objective A, Action I - Require that development projects have
planned for the provision of all public services.
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARlNG DATE OF APRlL 4,2006
.
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.
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 suf?ject lands are currently serviced by the Meridian School District #2. This service
will not change.
The subject lands are currently serviced by the Meridian Library District. This service
will not change and the Meridian Library District should suffer no revenue loss as a
result of the subject annexation.
.
.
.
.
Municipal, fee-supported, services will be provided by the Meridian Building Department, the
Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater
Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary
Services Company.
.
Chapter VI, Goal II, Objective A, Action 3 . Consider "Accommodating Bicycle and
Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and
Walking in all land-use decisions.
This publication encourages jurisdictions to establish bikeway and walkway facilities in new
construction and reconstruction projects, in a manner that is safe, accessible and convenient.
Staff believes that the subject applications comply with the policies listed in the literature noted
above.
.
Chapter VII, Goal I, Objective D, Action 9 . Require new residential development to provide
pennanent perimeter fencing to contain construction debris on site and prevent windblown
debris from entering adjacent agricultural and other properties.
A six-foot tall closed fence has been proposed around the entire perimeter of the development.
Prior to house construction, fencing should be constructed around the perimeter of this site.
.
Chapter VI, Goal II, Objective A, Action 5. Require pedestrian access connectors in all new
development to link subdivisions together to promote neighborhood connectivity as part of a
community pathway system.
Staff is supportive of the proposed pedestrian connections to adjacent properties and along the
Ridenbaugh Canal.
.
Chapter VII, Goal N, Objective C, Action 6 - Require pedestrian access in all new
development to link subdivisions together and promote neighborhood connectivity.
Bear Creek West Subdivision AZ-OS-064, PP.OS-064, V AR-OS-026
PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006
See above.
.
Chapter VII, Goal N, Objective D, Action 2 - Restrict curb cuts and access points on
collectors and arterial streets.
One public street access to Linder Road and one public street access to Stoddard Road are
proposed. and staff is recommending that access from the existing home to Linder Road not be
allowed. Direct lot access to Linder Road and Stoddard Road should be prohibited by a note on
the plat.
.
Chapter VII, Goal N, Objective C, Action 1 - Protect existing residential properties from
incompatible land use development on adjacent parcels.
The applicant is proposing a residential zone. Staff finds that the existing residential properties to
the south. east and west are compatible with the proposed development.
.
Chapter VII, Goal N, Objective C, Action 10 - Support a variety of residential categories
(low-, medium-, and high-density single family, multi-family, townhouses, duplexes,
apartments, condominiums, etc.) for the purpose of providing the City with a range of
affordable housing oPportunities.
The subject application includes a request for the R-8 zone. Staff finds that the requested zoning
designation contributes to the variety of residential zoning categories in this area and is
generally consistent with the Comprehensive Plan designationfor this site.
9. ZONING ORDINANCE
a. Zoning Schedule of Use Control: UDC 11~2A-2 lists single family developments as a
Conditional Use.
b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of
housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the
City of Meridian water and sewer systems is a requirement for all residential districts.
Residential districts are distinguished by the allowable density of dwelling units per acre and
corresponding housing types that can be accommodated within the density range.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
ANNEXATION ANALYSIS: Based on the policies and goals contained in the Comprehensive
Plan and the general compliance of the proposed development with the Zoning Ordinance, staff
believes that this is a good location for the proposed single family development. Please see
Exhibit D for detailed analysis of facts and [IDdings.
Bear Creek West Subdivision AZ-OS-064, PP-OS-064, V AR-OS-026
PAGE 7
The annexation legal description submitted with the application (prepared on November 11, 2005
by Gregory Carter, PLS) shows the property as contiguous to the existing corporate boundary of
the City of Meridian.
That the applicant will be responsible for all costs associated with the sewer and water service
extension. Any existing domestic wells and/or septic systems within this project will have to be
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006
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.
Special Considerations:
Perimeter Sidewalk: A future middle school site is plalU1ed to open at the northeast comer of the
project on Stoddard Road. At past meetings, the City Council and the public have expressed
concerns over the lack of sidewalks adjacent to arterial streets and how difficult it is for children
to walklbike to nearby schools. In light of these concerns, staff recommends that the applicant be
required to construct a 5-foot wide detached sidewalk along their frontage of S. Stoddard Road
and W. Kodiak Drive, prior to issuance of building pennits in the first phase of the development.
Development Agreement: UDC 1 l-5B-3.D.2 and Idaho Code § 65-671 lA provides the City the
authority to require a property owner to enter into a Development Agreement (DA) with the City
that may require some written commitment for all future uses. Staff believes that a DA is
necessary to ensure that this propertv is developed in a fashion that is consistent with the
comprehensive plan designation and does not neg:atively impact nearby properties.
Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into
between the City of Meridian, property owner (at the time ofalU1exation 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 alU1exation request. The DA shall
incorporate the following:
. That 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.
. 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.
. That the applicant will be responsible for all costs associated with the sewer and water service
extension.
. That 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 pU1þoses such as
landscape irrigation.
. That prior to issuance of any building pennit, the subject property be subdivided in
accordance with the City of Meridian Unified Development Code.
. That five-foot wide sidewalks and street buffers, constructed in accordance with City Code,
be installed along S. Stoddard Road and W. Kodiak Drive with each phase, prior to occupancy of
any new dwelling units for said phase.
PRELIMINARY PLAT ANALYSIS: Based on the policies and goals contained in the
Comprehensive Plan and the general compliance of the proposed development with the Zoning
Ordinance, staff believes that this is a good location for the proposed townhouse residential
products. Please see Exhibit D for detailed analysis of facts and findings.
Bear Creek West Subdivision AZ-OS-O64, PP.OS-064, V AR.OS-026
PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006
1. Church Use to the North of the Property:: Staff has been made aware that there is an
existing indoor/outdoor church located adjacent to the north property line of the project.
The representative of the church is concerned about conflicts between the existing church
use and the homes proposed on the north boundary. There is an approved P A system on
the church property which may cause conflicts with residential properties which are
adjacent. Please reference the letter dated December 12, 2005 from Dana Armstrong to
Becky McKay regarding the church's concerns. The Commission and Council should
consider public testimony to detennine whether the proposal will have detrimental effects
on adjacent properties.
2. Street Buffer alone: Linder Road and Stoddard Road: A 25-foot wide street buffer is
required along Linder Road which is an arterial street, and a 20-foot wide street buffer is
required along Stoddard Road, which is an urban collector (UDC ll-2A-5). The
applicant is proposing a 35-foot wide landscape buffer along Linder Road and a 30-foot
wide landscape buffer along Stoddard Road. Staff is generally supportive of the street
buffer widths proposed, however the existiu!! home on Linder Road that is to remain
must take access from internal streets within the subdivision and a minimum 25-foot
street buffer must be Dfovided alone: Linder Road adjacent to the home. Street buffers are
not required on any of the internal, local streets. The applicant is proposing to provide a
20-foot street buffer on W. Kodiak Drive, which is consistent with a collector roadway.
3. Landscapine: and Open Space: Staff is supportive of the proposed landscaping design.
The applicant is proposing to set aside 12.05 acres (10.3% of the property), exclusive of
required street buffers, for open space. All common lots which are approved as open
space, and will function as drainage areas, shall be vegetated and usable by residents.
4. Existine: Home to Remain: The existing home to remain on Lot 38, Block 5 shall be
required to take access from an internal subdivision street and a note shall be placed on
the plat prohibiting direct lot access to Linder Road and Stoddard Road. The applicant
should modifY the plat to extend W. Bear Creek Ct. to the north to give internal street
frontage to Lot 38, Block 5. The landscape plan shall also be modified to reflect Item #2
above.
5. Pressure Irrie:ation: 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 [mal plat by the City Engineer. An underground, pressurized irrigation system should
be installed to all landscape areas per the approved specifications and in accordance with
UDC 11-3A-15 and MCC 9-1-28.
Bear Creek West Subdivision AZ-OS-064, PP-OS.064, V AR-OS-026
PAGE 9
6. Fencine:: The applicant has submitted a detailed fencing plan (on the landscape plan
dated November 11, 2005) with the preliminary plat application for the subdivision.
Staff is generally supportive of the fencing proposed, with the following changes: UDC-
3A-7 requires that fences adjacent to common open space are restricted to four feet in
height if sight obstructing, and six feet in height if open vision. The landscape plan shows
6 foot vinyl fence adjacent to the common open space on Lot 8, Block 14, and Lots 40
and 44, Block 5. The landscape plan shall be amended to comply with UDC ll-3A- 7 and
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006
restrict solid fencing adjacent to these lots to four feet prior to submittal of the [mal plat.
All 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 11.3A-7.
7. Micro~paths: All micro-paths shall be constructed in accordance with UDC ll-3A-8
(construction) and UDC 11-3B (landscaping).
8. Common Areas: Maintenance of all common areas shall be the responsibility of the Bear
Creek West Home Owners' Association.
9. Ditches. Laterals. and Canals: There are exiting iITigation ditches that run along the
perimeter of this property. The Ridenbaugh Canal runs along the southern boundary of
this site. Large facilities which would require very large pipe sizes are allowed to remain
open and Staff recommends that the City not require the applicant to tile the Ridenbaugh
Canal abutting this site. Per UDC Il-3A-6 all irrigation ditches, laterals or canals,
exclusive of natural waterways, the Ridenbaugh Canal, 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 to exceed the maximum block
length of 750 feet. The applicant has provided for traffic circulation with a street layout that
provides adequate stub streets and connections to adjacent properties within the constraints of the
Ridenbaugh Canal to the south and existing developed properties to the north. Staff is supportive
of the street layout and acknowledges that efforts have been made to connect to adjacent
properties wherever feasible. The proposed subdivision increases interconnectivity and reduces
traffic conflicts by providing a collector road which connects Linder Road and Stoddard Road.
b. Staff Recommendation: The subject property is within the Urban Service Planning Area. The
subject applications (AZ and PP) were submitted to the Planning Department for concurrent review.
Below, staff has provided a detailed analysis and recommended conditions of approval for the requested
annexation and zoning and preliminary plat applications.
11. EXHffiITS
A Drawings
1. REVISED Preliminary Plat (dated: March 2, 2006)
2. Landscape Plan (dated: November 11, 2005)
B. Conditions of Approval
1. Planning Department
2. Public Works Department
Bear Creek West Subdivision AZ-OS-064, PP-OS-064, V AR.OS.026
PAGE 10
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
C. Legal Description
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006
D. Required Findings from Zoning Ordinance
Bear Creek West Subdivision AZ-OS-064, PP-OS-064, V AR-OS-026
PAGE II
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006
A. Drawings
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Exhibit B
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 a licant shall contact the Cit Attome Bill Na at 888-4433 to initiate this
rocess within 18 months of Cit Council a roval of the annexation re uest. The DA shall
incorporate the following;
. That 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.
. 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.
. That the applicant will be responsible for all costs associated with the sewer and water service
extension.
. That 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 irogation.
. That prior to issuance of any building pennit, the subject property be subdivided in
accordance with the City of Meridian Unified Development Code.
. That five-foot wide sidewalks and street buffers, constructed in accordance with City Code,
be installed along S. Stoddard Road and W. Kodiak Drive with each phase, prior to occupancy of
any new dwelling units for said phase.
1.2
1.2.1
SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT
The REVISED preliminary plat labeled as PP-l prepared by Engineering Solutions, dated Mftreh
J., April 18. 2006 is approved, with the conditions listed herein. All comments/conditions of the
accompanying Annexation/Zoning (AZ-05-064) shall also be considered conditions of the
Preliminary Plat (PP-05.064).
Maintenance of all common areas shall be the responsibility of the Bear Creek West Subdivision
Homeowners' Association.
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 ODC 11-
3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated
surface materials shall not be used in open space lots, except as permitted under ODC 11-3B.
Where the applicant has submitted a preliminary landscape plan and where staff has reviewed
such plan, the landscaping shall be consistent with the preliminary plan with modifications as
proposed by staff. If the stonnwater detention facility cannot be incorporated into the approved
open space and still meet the standards of ODC 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.
The landscape plan shall be amended to depict fencing adjacent to Lot 8, Block 14 and Lots 40,
44, and 115, Block 5 as a maximum of four feet for solid fencing, in compliance with ODC 11-
3A- 7, prior to submittal of the final plat.
--... -- ... ~
1.3.3
1.3.4
1.3.5
1.3.6
1.3.7
Exhibit B
1.2.7
1.2.8
1.2.9
1.3
1.3.1
1.3.2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006
1.2.5
Per UDC 11.3A-6 all irrigation ditches, laterals or canals, exclusive of natural watelWays, the
Ridenbaugh Canal, and watelWays being used as amenities, that intersect, cross or lie within the
area being subdivided shall be covered.
The existing home on Lot 38, Block 5 to remain must eliminate the driveway access to Linder
Road and take access :&om internal streets within the subdivision. A minimum 25.foot street
buffer must be provided in a Common lot along Linder Road adjacent to the home.
The plat shall be modified to extend W. Bear Creek Ct. to the north and give internal street
:&ontage to Lot 38, Block 5, prior to submittal of the fmal plat.
Direct lot access to S. Linder Road and S. Stoddard Road is prohibited. A note shall be placed on
the final plat restricting access to S. Linder Road and S. Stoddard Road.
Those ortions of Lots 112 and 113 Block 5 that are currentl encumbered b the NMID
easement for the Ridenbau b Canal shall be made to be in a common lot the buildable lots
shall not be encumbered bv the easement.)
GENERAL REQUIREMENTS-PRELIMINARY PLAT
1.2.6
Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuant to UDC 11-3A.17.
The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface
or well water for the primary Source. If a surface or well source is not available, a single-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the COmmon areas prior to
signature on the final plat by the City Engineer. An underground, pressurized irrigation system
should be installed to all landscape areas per the approved specifications and in accordance with
UDC 1l.3A-15 and MCC 9-1-28.
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 penuanent 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 Ridenbau!!:h Canal TeR Mile 8t1:113 Th:ain,
intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled
per UDC 11-3A-6, unless othelWise 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.
2.7
2.8
2.9
2.10
2.11
Exhibit B
- -..- -- --
CITY OF MERlDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006
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
This development is clUTently not serviceable by the City of Meridian's sanitary sewer system.
This area is master planned to sewer to the Black Cat trunk. The approval of this development is
conditional on sewer being available and the City of Meridian does not guarantee service in the
timelines outlined in the UDc.
The applicant shall install mains to and through this development; applicant shall coordinate main
size and routing with the Public Works Department, and execute standard foTIns 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 "temporary" or "interim" lift-stations shall be allowed in this development.
Water service to this site is being proposed via extension of mains in S. Stoddard Road. The
applicant shall be responsible to install water mains to and through this development, coordinate
main size and routing with Public Works. Execute standard fonns of easements for any mains
that are required to provide service.
This entire development, approximately 32110ts, is being proposed with a single water
connection in S. Stoddard Road. In order to achieve redundancy, a second connection to the City
of Meridian's water system at the intersection of Liner and Overland shall be required.
This development is on the edge of proposed pressure zone boundaries. The applicant shall be
responsible to install a pressure reducing vault at the connection to the water line in S. Stoddard
Road. The pressure reducing vault shall be designed to include communication capabilities that
are consistent with the City of Meridian's SCADA system. Coordinate location with Len Grady
at the Public Works Department.
The applicant shall reserve a portion of Lot 44, Block 5 for possible dedication to the City of
Meridian for a well site.
2.2
2.3
2.4
2.5
2.6
The applicant has not indicated who will own and operate the pressure iaigation 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 [mal plat signature on the last phase of this project.
If it is to be owned and maintained by an Irrigation District then evidence of a license agreement
shall be submitted prior to scheduling of a pre-construction meeting.
The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
Source of water (ODC 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 conunon areas prior to
signature on the final plat by the City Engineer.
All existing structures not meeting setbacks or zoning ordinance shall be removed prior to
signature on the final plat by the City Engineer.
Additional width to the public utilities, drainage and irrigation easement along the right-of way
shall be dedicated where the sidewalk is located past the right-of-way. The additional width
needs to be sufficient to allow for 10 feet of "free and clear" easement past the sidewalk.
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006
2.12
The existing house shall be required to connect to City services. The applicant shall be
responsible for the payment of assessments and the actual physical hook~up of the existing house
to municipal services.
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 iITigation.
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 iuigation, sanitary sewer, water, etc., prior to
signature on the final plat.
All development improvements, including but not linùted to sewer, fencing, nùcro~paths,
pressurized inigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as detennined during the plan review process, prior to signature on the fmal 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 Pernùtting 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.
Compaction test results shall be subnùtted 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 nùnimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least l~foot above.
Two.hundred fifty and 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.
2.13
2.14
2.15
2.16
2.17
2.18
2.19
2.20
2.21
2.22
2.23
2.24
3. FIRE DEPARTMENT
3.1. 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.
3.2.
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3.10.
3.11.
3.12.
3.13.
3.14.
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006
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75,9g9 GV\V.
3.3.
For all Fire Lanes, provide signage "No Parking Fire Lane".
3.4.
Insure that all yet undeveloped parcels are maintained free of combustible vegetation.
3.5.
Fire lanes and streets shall have a vertical clearance of 13 '6". This includes mature landscaping.
3.6.
Operational fIre hydrants, temporary or pennanent street signs and access roads with an all weather
surface are required before combustible construction is brought on site.
3.7.
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
no less than ~ the diagonal measurement of the full development.
3.8.
Building setbacks shall be per the International Building Code for one and two story construction.
3.9.
The roadways shall be built to Ada County Highway Standards cross section requirements and
shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than
a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one
side. These measurements shall be based on the face of curb dimension. The roadway shall be
able to accommodate an imposed load of 75,000 GVW.
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.
Provide a Knox box entry system for the complex prior to occupancy.
The applicant shall work with Planning Department staff to provide an address identification plan
and a sign which meets the requirements of the City of Meridian sign ordinance at the required
intersection(s ).
Provide exterior egress lighting as required by the International Building & Fire Codes.
Pool chellÙcals shall be stored in compliance with the International Fire Code.
4. POLICE DEPARTMENT
4.1. 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 call1Ùng design to decrease
travel speeds on W. Kodiak Drive.
4.2. Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if
solid fencing is used.
5. PARKS DEPARTMENT
5.1.Pathway and Trail standards: The proposed pathway and/or trail shall be constructed in
accordance with the Meridian Park Department's requirements.
Exhibit B
-..-
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006
5.2. Standard for City to assume Maintenance of a section of Pathway; The pathway must connect
from one major arterial to another, and either an easement or ownership deed must be granted
before the city will assume the maintenance of any section of pathway.
5.3. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape
Ordinance (UDC 11~3B-IO) will be followed.
5.4. Standard Plan for Protection of Existing Trees during Construction: The standard established in
the City of Meridian Landscape Ordinance (ODC 11-3B-1O) will be followed.
6. SANITARY SERVICE COMPANY
6.1 Trash collection for the existing residence needs to be from a local street, not from a collector or
arterial.
7. ADA COUNTY HIGHWAY DISTRICT
Site Specific Conditions qf Approval
1.
Dedicate 35-feet of right~of-way from the centerline of Stoddard Road abutting the parcel by
means of recordation of a [mal subdivision plat. The owner will not be compensated for this
additional right-of-way because Stoddard Road is classified as a collector roadway and is to be
brought to adopted standards by the developers of abutting properties.
2.
Dedicate 48~feet of right-of-way from the centerline of Linder Road abutting the parcel by means
of recordation of a final subdivision plat. The owner will not be compensated for this additional
right-of-way because Linder Road is classified as a collector roadway and is to be brought to
adopted standards by the developers of abutting properties.
3.
Construct Stoddard Road as one half of a 46-foot street section with vertical curb, gutter and a 5-
foot detached (or 7-foot attached) concrete sidewalk. Construct the sidewalk to be located a
minimum of 28-feet ÍÌ'om the centerline of Stoddard Road. If the sidewalk meanders outside of
the right-of-way, provide the District with an easement.
4.
Construct a 5-foot concrete sidewalk on Linder Road located a minimum of 41-feet from the
centerline of Linder Road. If the sidewalk meanders outside of the right-of-way, provide the
District with an easement.
5.
Construct Kodiak Drive to intersect Stoddard Road at the north property line in direct alignment
with the main entrance to Bear Creek Subdivision located on the east side of Stoddard Road, as
proposed. *** Kodiak Drive is proposed to be located on the north property line and is proposed
to have an island located within the right-of-way. With the island, the sidewalk extends outside
of the right-of-way onto the Meridian School District property to the north. The applicant will be
required to obtain an easement for the sidewalk that extends outside of the right-of-way.
6.
Construct Kodiak Drive to intersect Linder Road approximately 760-feet south of the north
property line, as proposed.
7.
Construct Kodiak Drive as a 40-foot street section with vertical curb, gutter and a 5-foot detached
sidewalk within 54-feet of right-of-way. Construct the sidewalk is proposed to be detached from
the curb with an 8-foot wide landscape planter strip and located within an easement to the
District, as proposed.
Exhibit B
-
18.
"...
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006
8.
Construct West Eggers Drive as a 29-foot street section with vertical curb, gutter and 5-foot
attached concrete sidewalk within 42-feet of right-of-way. Provide the District with written
documentation showing Fire Department approval of the reduced street section.
9.
Construct the internal streets as 36-foot street sections with rolled curb, gutter and 5.foot concrete
sidewalk within 50-feet of right-of-way, as proposed.
10.
Construct five cul-de-sac turnarounds without center islands within the subdivision, as proposed.
Provide a minimum turning radius of 45-feet for all ofthe turnarounds.
11.
Construct several islands within the public roadways, as proposed. Construct the islands to be a
minimum of 4-feet wide with a minimum area of 100-square feet and provide a minimum of 21-
feet on either side of the island.
12.
Any proposed landscape islands/medians within the public right-of-way dedicated by this plat
will be required to be owned and maintained by a homeowners association. Notes of this will be
required on the final plat.
13.
Construct a southbound left.turn bay on Linder Road at the Linder Road Kodiak Drive
intersection.
14.
Construct a northbound right-turn bay on Linder Road at the Linder Road Kodiak Drive
intersection.
15.
Construct a northbound left-turn bay on Stoddard Road at the Stoddard Road and Kodiak Drive
intersection.
16.
Construct a southbound right-turn bay on Stoddard Road at Kodiak at the Stoddard Road and
Kodiak Drive intersection.
17.
Other than the access points that have specifically been approved with this application, direct lot
access to these roadways are prohibited. A note will be required on the final plat stating this
access restriction.
Standard Conditions of Approval
Comply with all Standard Conditions of Approval.
1.
2.
3.
4.
5.
Exhibit B
Any existing iaigation facilities shall be relocated outside of the right-of-way.
Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of-way.
All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
Comply with the District's Tree Planter Width Interim Policy.
13.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006
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 pennit
(or other required pennits), which incorporates any required design changes.
9.
Construction, use and property development shall be in confonnance 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 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 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 fÌ'om 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 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.
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006
C. Legal Description
.
IDAHO
SURVEY
GROUP
'450 E..,t W3t~no.w"r SL
Suite 150
MeJiðìan,ld;a,ha 83642
Project No. 04-268
Phone (208) 8i6-8S70
FM (208) 81J4,.539'1
,------,-...-- --.--m__--__--....-...-
~--------- ..-'-------.."--,-.-..-------..----
November 15, 2005
DESCRIPTION FOR
ANNEXATION
BEAR CREEK WEST SUBDIVISION
A parcel of land located in the W1/2 of Section 24, T.3N., R.1W., 8.M., Ada
County, Idaho more particularly described as follows:
Commencing at an aluminum cap monument marking the C1/4 corner of said
Sect/on 24 from which a 5/8" iron pin marking the N1/4 comer of said Section 24 bears
North 00'51 '53" East, 2634.95 feet;
thence along the North-South centerline of said Section 24 South 00°51 '53"
West, 170.09 feet to a 5/8" iron pin marking the REAL POINT OF BEGINNING;
thence continuing along said North-South centerline South 00°51'53" West,
827.30 feet to a 5/8" iron pin;
thence leaving said North-South centerline North 89°24'36. West, 661.27 feet to
a 518" iron pin on the East boundary line of the W112 of the NE1/4 of the SW1/4 of said
Section 24;
thence along said East boundary line South 00°49'26" West, 331.46 feet to a 5/8"
iron pin on the South boundary line of the W1/2 of the NE1/4 of the SW1/4 of said
Section 24;
thence along said South boundary line North 89°21 '42. West, 518.26 feet to a
point on the northerly boundary line of Eggers Subdivision as filed in Book 29 at Plats at
Page 1804, records of Ada County, Idaho, said point also beJng on the centerline of the
Ridenbaugh Canal and on a curve to the left;
thence along said northerly boundary line and said centerline the following 14
courses:
along said curve 295.77 feet, said curve having a radius of 250.00 feet, a central
angle of 67°47'06" and a long chord of 278.82 feet which bears North 29°54'34" West to
a point of compound curve;
thence alann said compound cllrve 787.11 feet, said cU/ve h;wít 19 n r ;'lIlit 13
700,00 føfJt, d ce )(ri~i ;;mqld fir -""I 3U(J(t dfl( ,1 I-hOld of 2B~).IU k,,~i '.vll":b l}ê;Dr':'
North 15 '3:3'Ol' VV'Hst to Itw POlilt of LmgrmGY,
thence North 87°18'07" West, 76.22 feet to the beginning of a curve to the right;
S;\lSG Proj&ctsIGrove.'l Meridian Schog Boundary (04-268}IOocumenlslBaar Creek West Annex Oesc,doc
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006
thence along said curve 100.36 feet, said curve having a radius of £50.00 feet, a
. central angle of ;; )0'00" and a long chord of 99,68; t which bears North 75"48'07"
West to the point of tangency;
thence North 64"18'07" West. 164.62 feet;
thence North 53"38'07" West. 183,05 feet to the beginning of a curve to the left;
thence along said curve 104.72 feet, said curve having a radius of 225.00 feet, a
central angle of 26"40'00" and a long chord of 103.78 feet which bears North 66"58'07"
West to a paint of compound curve;
thence along said compound curve 128,72 feet, said curve having a radius of
125.00 feet, a central angle of 59"00'00" and a long chord of 123,11 feet which bears
North 70"11'53" West to the point of tangency;
thence South 40"41 '53" West, 127.21 feet to the beginning of a curve to the right;
thence along said curve 98.03 feet. said curve having a radius of 50.00 feet, a
central angle of 112°20'00» and a long chord of 83.07 feet which bears North 83"08'07"
West to a point of compound curve;
thence along said compound curve 99.48 feet, said curve having a radius of
300.00 feet, a central angle of 19°00'00" and a long chord of 99.03 feet which bears
North 17"28'07" West to the paint of tangency;
thence North 07"58'07" West, 234.45 feet to the beginning of a curve to the left;
thence along said curve 32.34 feet, said curve having a radius of 250,00 feet, a
central angle of 07"24'45" and a fang chord of 32,32 feet which bears North 11"40'30"
West;
thence North 89°18'07" West, 126.06 feet to a paint on the West boundary line of
said Section 24;
thence along said West boundary line North 00"41'53" East, 548,41 feet to a 5/8"
iron pin marking the W1/4 comer of said Section 24;
thence continuing along said West boundary line North 00°41'54" East, 2108.21
feet to a 518" iron pin;
thence leaving said West boundary line South 52°41'34" East. 201.43 feet to a
5/8" iron pin;
thence South 69"16'34" East, 277.88 feet to a 5/8" iron pin;
thence South 64°55'34" East. 315,97 feet to a 5/8" iron pin;
t~1":f1U'~)');.llI-II_;','):H]1 [a:;;!Yi¡J;Clfeetlu,:cC :¡Of1!)If"I.
thence SUlItI¡ (j 1 b34 East, J 13.83 feet (0 a 518" iron pin on the North-South
centerline of the NW1/4 of said Section 24,
Sousa Projed8\GlOY1lS Meridian School Boundary (04-268)\DowmentsIBear Creek West Annex Desc,doc
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006
thence alo
5/8" iron pin;
said North-South centerline South )°46'51" East, 789.08 feet to a
thence leaving said North-South centerline South 30°37'41" East, 510.19 feet to
a 5/8" iron pin marking the beginning of a curve to the left;
thence along said curve 990.51 feet, said curve having a radius of 970.00 feet, a
central angle of 58°30'26" and a long chord of 948.03 feet which bears South 59°52'54"
East to a 5/8" iron pin marking the point of tangency;
thence South 89"08'07" East, 231.37 feet to the REAL POINT OF BEGINNING
containing 117.47 acres, more or Jess.
S:~SG Pro odaIGro",s Meridian Schon! Boundary (04.2ß8 \Docwnonts\8ea( Creek West Annex Dose dOC
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006
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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.
The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
City Council fmds that single tàmily 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 confonn to the proposed zoning designation.
2.
3.
The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
City Council finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare.
4.
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,
Staff fmds 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 of the 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 subject property and will not require
unreasonable expenditure of public funds. The applicant is proposing to develop the land
in general compliance with the City's Comprehensive Plan. This is a logical expansion
of the City limits. In accordance with the findings listed above, City Council fmds that
Annexation and Zonin!! of this property to R-8 would be in the best interest of the Citv.
2. Preliminary Plat Findings:
In consideration of a preliminary plat. combined preliminary and final plat, or short plat,
the decision-making body shall make the following findings:
1.
Exhibit D
The plat is in conformance with the Comprehensive Plan;
City Council finds that the proposed application is in substantial compliance with the
adopted Comprehensive Plan. Staff generally supports the proposed plat layout and
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006
proposed density as they comply with the provisions of the Comprehensive Plan. Please
see Comprehensive Plan Policies and Goals, Section 8, ofthe Staff Report.
2.
Public services are available or can be made available and are adequate to
accommodate the proposed development;
3.
City Council finds that public services are available to acconunodate 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 frods 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
Conunents and Conditions in Exhibit B for more detail.
The development will not be detrimental to the public health, safety or general
welfare; and
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
Con1nÙssion's attention. ACHD considers road safety issues in their analysis.
The development preserves significant natural, scenic or historic features.
5.
City Council is unaware of any natural, scenic or historic features on this site. Therefore,
City Council finds that the proposed development will not result in the destruction, loss
or damage of any natural, scenic or historic feature( s) of maj or importance.
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:
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 not grant a right
or privilege that is not otherwise allowed in the district. As noted above, staff frods 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, staff finds that strict compliance would be
unreasonable and granting the variance would not result in inhibiting the objectives of the
ODe.
2.
The variance relieves an undue hardship because of characteristics of the site;
Exhibit 0
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006
3.
The applicant has provided for traffic circulation with a street layout that provides
adequate stub streets and connections to adjacent properties within the constraints of the
Ridenbaugh Canal to the south and existing developed properties to the north. City
Council is supportive of the street layout and acknowledges that efforts have been made
to connect to adjacent properties wherever feasible.
The variance shall not be detrimental to the public health, safety, and welfare.
City Council finds that approving the variance to the maximum block length would not
be detrimental to the public health, safety, and/or welfare. The proposed subdivision
increases interconnectivity and reduces traffic conflicts by providing a collector road
which connects Linder Road and Stoddard Road.
Exhibit D