HomeMy WebLinkAboutIncline Village Subdivision AZ-06-018 PP-06-016
RECEIVED
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
~. JUO 6 2006
. Meridian
cU'e~idJ~n --.t:mce
I. II.~.\HO ;>'
'A .
~;",("> /...-
-,"~
..-t~ ..._ 'j" ." ,.>l-' -
--"... ._, '-.""'" ''': -~ .0- ..-~ r.tl
In the Matter of Annexation and Zoning of 20.01 acres from RUT (Ada County) to R-4
(Medium Low-Density Residential) AND Preliminary Plat approval of 64 single-family
residential building lots and 7 common lots on 20.01 acres, for Incline Village Subdivision,
by Incline Village, LLC.
Case No(s).: AZ-06-018 and PP-06-016
For the City Council Hearing Date of: June 27, 2006
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of June 27, 2006,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of June 27, 2006,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of June 27,
2006, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of June 27,2006, 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. 'fhe City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensi ve 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
CASF NO(S) AZ-O(j-Ol R I PP-O(j-Ol(j - 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 June 27,
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
stamped February 8,2006, by J.U.B Engineers, Inc., is hereby conditionally approved;
2. The following modifications to site specific conditions were made at the City Council
hearing:
a. Requiring a Development Agreement in which the applicant also agrees:
1. The number of building lots to be platted shall total not more than
61;
2. A multi-use pathway shall be constructed on Lot 25, Block 3, as
shown on the revised preliminary plat.
3. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of June 27,2006, incorporated by reference.
D. Notice of Applicable Time Limits (as applicable)
1. Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final
plat, or short plat shall become null and void if the applicant fails to record a final plat
within two (2) years of the approval of the preliminary plat or one (1) year of the
combined preliminary and final plat or short plat. In the event that the development of
the preliminary plat is made in successive phases in an orderly and reasonable manner,
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-018/ PP-06-016 - PAGE 2 of 4
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 ll-6B-
7.A, the Director may authorize a single extension of time to record the final plat not to
exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as
determined and approved by the City Council may be granted. With all extensions, thc
Director or City Council may require the preliminary plat, combined preliminary and
final plat or short plat to comply with the current provisions of Meridian City Code
Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again.
E. 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 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 timt: pt:riuu within which a Petition fur
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 June 27,2006.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-0 18 I PP-06-0 16 - PAGE 3 of 4
VOTED~
VOTED~
VOTED ~
VOTED~
By action ofthe City Council at its re~lar meeting held on the
Jlil1- ' 2006.
COUNCIL MEMBER SHAUN WARDLE
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
TIE BREAKER
MAYOR TAMMY de WEERD
VOTED
ATTEST:
~/A.e WEERD
'...
/,
-::.
'\
Copy served upon:
By: J~ \t..DuJ
Clerk's Office
Dated: l- \ 1- OlJl
II-/!:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-018/ PP-06-016 - PAGE 4 of 4
day of
...
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE 01' JUNE 27, 2006
STAFF REPORT
TO:
FROM:
Hearing Date: 6/27/2006
Mayor & City Council
C. Caleb Hood
Current Planning Manager
Meridian Planning Department
208~884-5533
-"
\,
"
'V
SUBJECT:
Incline Village Subdivision
AZ-06-0 18
Annexation and Zoning of20.01 acres from RUT (Ada County) to
RM4 (Medium Low-Density Residential).
PP-06-016
Preliminary Plat approval of 64 single-family residential building lots and S
common lots on 20.01 acres in a proposed R-4 zone, by Incline Village, LLC.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Incline Village, LLC, has applied for Annexation and Zoning (AZ) to RM4
(Medium Low-Density Residential) for 20.01 acres of property currently zoned RUT in Ada
County. The site is located on the north side of Cherry Lane, approximately 950 feet west of
Black Cat Road. Currently, there are thrcc single-family homes and associated outbuildings on
this site. All three of the existing homes are to remain on site, on proposed lots. The site is
composed of four tax parcels and has not been previously platted. The subject property is within
the Urban Service Planning Area.
2. SUMMARY RECOMMENDATION
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. Staff is
recommending approval ofthe proposed Incline Village Subdivision (AZ-06-018 and PP-06-016)
with the conditions listed in Exhibit B of the Staif Reoort. The Meridian Planning and Zoning
Commission heard the item on Mav 4. 2006. At the public hearing thev moved to recommend
approval.
a. Summary of Public Hearing:
i. In favor: Daren Fluke
11. In opposition: Don Clower, Steve Cady, Brent Law
111. Commenting: None
IV. Staff presenting application: Caleb Hood
v. Other staff commenting on application: Mike Cole
b. Key Issues of Discussion by Commission:
i. Location of multi. use pathway in this area and through this site.
c. Key Commission Changes to Staff Recommendation:
i. Accepted applicant's proposals for fencing type, limiting 3 lots to single-story
homes, and micro-path construction on this site. The Commission also
recommended approval of the revised preliminary plat dated April 19, 2006
(please see Exhibit B for all Commission changes).
d. Outstanding Issue(s) fur City Council:
i. None.
Incline Village Subdivision AZ-06-018/PP-0(j-016
PAGEl
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 27, 2006
3. PROPOSRD MOTION (to be considered after the public hearing)
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-
06-01S and PP-06-016 as presented in staffreport for the hearing date of June 27,2006 with the
following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-
06-018 and PP-06-016 as presented during the public hearing on June 27, 2006 for the
following reasons: (You should state specific reasons for denial of the annexation and you must
state specific reason(s) for the denial of the plat.)
Continuance
I move to continue File Numbers AZ-06-018 and PP-06-016 to the hearing date of (insert
continued hearing date here) for the following reason(s): (You should state specific reason(s)
for continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location: 1947 & 1923 N. Black Cat Road and 5136 W. Cherry Lane; north side
of Cherry Lane, approximately 950 feet west of Black Cat Road / 3Nl W 4
b. Owner:
Bob L. Kell, Shannon Smith, and Phillip Smith
1820 Mace Road
Eagle, ill 83616
c. Applicant:
Incline Village, LLC
1820 Mace Road
Eagle, ill 83616
d. Representative: Daren Fluke, J-U-B Engineers, Inc.
e. Present Zoning: RUT (Ada County)
f. Present Comprehensive Plan Designation: Low Density Residential
g. Description of Applicant's Request: The applicant is requesting concurrent approval for
Annexation and Zoning of the subj ect 20 acres to R -4 and Preliminary Plat approval of 64
single-family buildable lots and 8 common lots. All of the homes within the development are
proposed to be single-family detached. There are 10 lots that are below the minimum 8.000
square foot minimum lot size of the proposed R-4 zone. The average lot size in the proposed
development is 10,200 square feet. The gross density ofthe project is 3.2 dwclling units per
acre. About one acre ofthe site is being set aside for open space.
I. Date of preliminary plat (attal:hed in Exhibit A): 2/8/06
2. Date oflandscape plan (attached in Exhibit A): 2/23/06 (revised 3-23-06)
h. Applicant's Statement/Justification: We believe that we have designed a viable, attractive
project that complies with the spirit and intent 0 the Meridian Comprehensive Plan and Zoning
Incline Village Subdivision AZ-06-018/PP-06-016
PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 27, 2006
Ordinance. We look forward to working with the city on this project (please see Applicant's
Submittal Letter fro more information.)
5. PROCESS FACTS
a. The subject application will in fact constitute an annexation as determined by City Ordinance.
By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is
required before the City Council on this matter_
b. The subject application will in fact constitute a preliminary plat as determined by City
Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public
hearing is required before the City Council on this matter.
c. Newspaper notifications published on: April3nl and 17u1 2006 (for P & Z Commission
hearing) and June 5th and 19th, 2006 (for City Council hearing).
d. Radius notices mailed to properties within 300 feet on: March 24th, 2006 (for P & Z
Commission hearing) and June 2nd, 2006 (for City Council hearing).
e. Applicant posted notice on site by: April 1 Oth, 2006 (for P & Z Commission hearing) and June
17t\ 2006 (for City Council hearing).
6. LAND USE
a. Existing Land Use(s): There are three single-family home and some associated outbuildings
on this site. The existing homes are to remain.
b. Description of Character of Surrounding Area: This area contains a mix of five-acre
parcels in Ada County, developing subdivisions in the City, and two churches. It is
anticipated that area to the west and south will not be able to develop in the City until sewer
service is available. This area is rapidly transitioning from rural to urban.
c. Adjacent Land Use and Zoning:
1. North: Single-family lots within Tumberry Subdivision, zoned R-4
2. East: Twu r.;hurr.;ht:s, :GUIlt:U L-O; Single-family homes on large parcels, zoned RUT
(Ada County)
3. South: Single-family humes un largt: parcels, zoned RUT (Ada County)
4. West: Single.family homes and agriculture on large parcels, zoned RUT (Ada
County)
d. History of Previous Actions: None.
e. Existing Constraints and Opportunities:
1. Public Works:
Location of sewer: There is a sewer stub to this property from Turnberry
Subdivision to the north, and a sewer trunk in Black Cat Road.
Location of water: There is a water stub to this property from Turnberry
Subdivision to the north, and 12-inch main in W. Cherry Lane to the south.
Issues or concerns: The need for a sewer easement through the property to the
east of this to extend sewer service. Ability to provide sewer service to the
southernmost existing house.
Incline Village Subdivision AZ-06-018IPP-06~016
PAGE 3
CITY OF MERIDIAN PLANNlNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 27, 2006
2. Canals/Ditches Irrigation: The Stafford Sublaterallies along the northern boundary
of this property. There appears to be other irrigation ditches that traverse through this
site. All open irrigation ditches, laterals and canals, should be tiled when this property
develops.
3. Hazards: No hazards have been identified on this site.
4. Proposed Zoning:
5. Size of Property:
R-4 (Medium Low-Density Residential)
20.01 acres
f. Subdivision Plat Information:
1. Residential Lots: 64
2. Non-residential Lots: 0
3. Total Building Lots:
4.
5.
6.
7.
8.
64
Common Lots:
7
Other Lots:
1 (Nampa-Meridian Irrigation Well Lot)
Total Lots:
72
Gross Density: 3.2 units per acre (net density is 3.65 d.u./acre)
Minimum House Size: 1,400 square feet
g. Landscaping
1. Width of street buffer(s): Per UDC (Table ll-2A-4) a 25-foot wide landscape
buffer is required adjacent to arterial streets. Cherry Lane is a classified arterial
roadway. Street buffers are not required on any ofthe internal, local streets.
2. Width ofbuffer(s) between land uses: N/A
3. Percentage of site as open space: 1.1 acres/5.5%
4. Other landscaping standards: Landscaping adjacent to multiuse pathways and
micropaths should generally comply with UDC ll-3B-12. Common open space lots
should include at least one deciduous shade tree per 8,000 square feet (UDC 11-3G-
3E2).
h. Amenities: Open space, micropath, and park lot.
i. Off-Street Parking: UDC 11-3C-6 requires single-family detached dwellings to have 2
enclosed parking spaces ( a garage) and a 20' x 20' parking pad in front of each garage.
J. Proposed and Required Residential Standards:
R-4
Setbacks (in feet)
Proposed
Required
15
15
Front Living Area (to sidewalk) 15
Side Accessed Garage (to sidewalk) 15
Front Accessed Garage (to sidewalk) 20
20
Side
5
15
5
15
Rear
Incline Village Subdivision AZ-06-018/PP-06-016
PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 27, 2006
Frontage
Lot Size
60
7,242*
60
8,000
* All buildable lots must be at least 8,000 square feet.
k. Proposed and Required Non-Residential: N/A
1. Summary of Proposed Streets and/or Access: Access to the two northernmost homes
is currently provided from a private access easement to/from Black Cat Road. The existing
home to remain near Cherry Lane currently takes access to Cherry Lane. The applicant is
proposing to remove these existing accesses and provide access to all of the dwellings within
this development via internal public streets. For this development, the applicant is proposing to
construct a new public street access to Cherry Lane (Powder Way), and extend O'Conner
Avenue into the site from the north. All of the internal streets are local streets with 36-feet
wide street sections (measured back of curb to back of curb) and contain 5-foot wide attached
sidewalks. The applicant is proposing to provide two stub streets, one to each of the
undeveloped properties to the east and wcst. Staff is generally supportive of the proposed
street system. ACHD has not submitted comments and conditions back to the City for this
project. However, City Staff has spoken with ACHD staff about this project and does not
believe that there are any significant changes to the plat that will be required from the District.
ACHD's conditions will be included in Exhibit B once they are received by the City (prior to
Council).
7. COMMENTS MEETING
On March 31,2006, a joint agency and departments meeting was held with service providers in
this area. The agencies and departments present include: Meridian Fire Department, Meridian
Parks Department, Meridian Public Works Department, Meridian Police Department, and the
Sanitary Services Company. Staff has included comments, conditions and recommended actions
in Exhibit B below.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Low Density Residential" on the Comprehensive Plan Future Land
Use Map. Low density residential areas are anticipated to contain up to three dwellings per acre
(see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat inchlrleR M Ringle-
family lots on 20.01 acres for a gross density of 3.2 dwelling units/acre. The proposed density is
above the anticipated density for this area. Staff is recommendinl! that the applicant remove at
least three of the proposed lots. so the density of this development complies with the
Comprehensive Plan.
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.
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 ",ewer and water service will be extended to the project at the developer's
expense.
Incline Village Subdivision AZ-06-01 8/PP-06-01 6
PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 27, 2006
· 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 SenJices, 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 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 the one stub street currently provided to this
property from the north (0 'Conner Avenue). In addition, two stub streets are being proposed to
the eastern and western parcels that are currenf1v zoned in Ada County RUT, which staff
anticipates will re-develop in the near future. Staff believes that the applicant has done a nice job
of connecting and extending the existing stub street as well as providingforfuture connectivity to
the east and west.
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 I, Objective D, Action 9 - Require new residential development to providc
pennanent perimeter fencing to contain construction debris on site and prevent windblown debris
from entering adjacent agricultural and other properties.
The applicant is proposing to construct a six-foot tall closed fence around the boundary of this
development, including adjacent to Cherry Lane. Prior to house construction, fencing shuuld be
constructed around the perimeter of this site. See Analysis below and Exhibit B for more
Incline Village Subdivision AZ-06-0 18/PP-06-0 16
PAGF(j
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 27, 200u
information.
Chapter VI, Goal II, Objective A, Action 5 - Require pedestrian access connectors in all new
development to link subdivisions together to promote neighborhood connectivity as part of a
community pathway system.
The applicant is proposing to constrnct five-foot wide sidewalks adjacent to all of the proposed
streets, which connect to adjacent properties. The applicant is also proposing to construct a
micro path so the lots in the northern portion of this development have easy access to the
proposed park area. Staff is supportive of the proposed pedestrian connections.
Chapter VII, Goal IV, Objective C, Action 6 - Require pedestrian access in all new development
to link subdivisions together and promote neighborhood connectivity.
See above.
Chapter VII, Goal IV, Objective D, Action 2 - Restrict curb cuts and access points on collectors
and arterial streets.
The existing access to Cheny Lane, an arterial street, should be removed. The new public street
connection to Cherry Lane, has been reviewed and approved by ACHD. City Staff is also
supportive of the location of Powder Way; no additional access points to Cherry Lane should be
allowed.
Chapter VII, Goal IV, Objective C, Actiun 1 - Prutt:c1 existing residential prope11ies from
incompatible land use development on adjacent parcels.
The applicant is proposing a residential zone. Staff finds that the eXlstmg single-family
residential properties to the north, south, east and west, as well as the churches to the east, are
compatible with the proposed development.
Chapter VII, Goal I, Objective D, Action R - Require new urban density subdivisions which abut
or are proximal to existing low density residential land uses to provide landscaped screening or
transitional densities with larger, more comparable lot sizes to buffer the interface between urban
level densities and rural residential densities.
Stafl recognizes that there are some existing low density residential land l1SP..<I tn the ea.~t and
west. The applicant is proposing to constrnct a six-foot tall privacy fence around this
development to screen this subdivision from the larger parcels. Further, most of the larger lots in
the subdivision are on the perimeter of the development, providing a transition from the large
county parcels to the internalB,OOO square-foot lots. Stafffinds that the proposed fencing should
provide enough screening behveen the proposed urban development and the niral residences
surrounding it. Staffrecommends that the Commission and Council rely on any written or verbal
testimony provided from neighbors when determining if additional screening or more transition
in density is appropriate.
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.
Incline Village Subdivision AZ-06-018/PP-06-016
PAGE 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFf REPORT FOR THE HEARING DATE OF JUNE 27, 2006
The subject application includes a request for the R-4 zone. Turnberry Subdivision to the north
obtained an R-4 zone. The LDS church and the ill Day Adventist Church obtained L-O zoning.
Stajjjinds 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 if' at least three buildable lots are removed (providing a gross density of 3.05
dwellings/acre), the density and zoning for this property would be 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. UNIFIED DEVELOPMENT CODE
a. Schedule of Uscs: Unified Development Code (UDC) 11-2-1 lists single-family detached
homes as permitted uses in the R-4 zoning district.
b. PUlpose Statement of Zone:
R-4 Medium Low-Density Residential: 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 unib pt:r acre and cOITesponding housing types that can be accommodated
within the density range.
c. General Standards: As mt:ntioned above, there are ten lots that do not conform to the
minimum lot size requirement of the R-4 zone. All of the proposed lots comply with the
standard street frontage requirements of the R-4 zone established in the UDC. No dimensional
modifications are being requested for the proposed development. Therefore, the applicant must
meet all dimensional standards.
10. ANALYSIS
a. Analysis of Facts Leading to StaffRecormnendation:
I. AZ Application: Based on the policies and goals contained in the Comprehensive
Plan, staff believes that the requested R-4 zone is appropriate for this property. Please
see Exhibit D for detailed analysis of the required facts and findings fur annexation.
The annexation legal description submitted with the application (stamped on February
9, 2006 by Ronald M. Hodge, PLS) shows the property as contiguous to the existing
corporate boundary of the City of Meridian.
Incline Village Subdivision AZ-06-018/PP-06-0 16
PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFf REPORT FOR THE HEARING DATE OF JUNE 27, 2006
Special Considerations:
Development Agreement: UDC 1l.5B-3.D.2 and Idaho Code S 65-6711A
provides the City the authority to require a pruptaty 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 ~l1sl.,lTe
that this propertv is developed in a fashion that is consistent with the
comprehensive plan desilZUation and does not negativelv impact nearbv
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 of
annexation ordinance adoption), and the developer. The applicant shall contact
the City Attorney, Bill Narv. at 888-4433 to initiate this process. 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 respom:ihle 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 irrigation.
. That the following shall be the only allowed uses on this property:
single-family detached homes and allowed accessory uses of the R.4
zone.
. That a maximum of 61 single-family building lots shall be platted on this
property.
. That prior to i~Ruance of any building permit, the subject property be
subdivided in accordance with the City of Meridian Unified
Development Code.
. That the applicant construct a multi-use pathway on Lot 25. Block 3.
as shown on the revised preliminarv plat.
. That one public street access, and no driveways, will be allowed to
Cherry Lane. Existing driveway(s) to Black Cat Road and Cherry Lane
may be utilized until the internal streets within the plat are constructed
and approved by the Transportation Authority (ACHD). At such time,
direct lot access to Cherry Lane and Black Cat Road shall be prohibited.
. That the applicant shall be responsible for thc payment of assessments
and the actual physical hook-up of the existing houses to the municipal
services. The hook-ups shall be completed prior to Certificates of
Occupancy for each phase for which that house lies in. Lot 2 Block 4
shall be hooked to municipal services prior to Certificates of Occupancy
of the phase that connects to W. Cherry Lane.
Incline Village Subdivision AZ-06-018/PP-06-016
PAGE 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAPF REPORT FOR THE HEARING DATE OF JUNE 27,2006
2. PP Application: The proposed preliminary plat substantially complies with the
Unified Development Code.
Special Considerations:
Densitv: As noted previously in this report, this area is designated for low density
residential uses. Low density residential is defined as up to three dwelling units per
acre. The submitted plat has a gross density of 3.2 dwelling units per acre. There are
existing rural lots to the east, west and south of this site. Therefore, staff is
rccommending that at least three lots: Lot 3, Block 1, Lot 8, Block 2, and at least one
lot in Block 3 be removed. This will place the density of the development at 3.05
dwelling units per acre, consistent with the Comprehensive Plan.
The Meridian Police Department has commented that Lot 8, Block 2, creates a
residence that will be isolated from their surrounding ncighbors. Such areas have an
increased crime potential. The applicant should work with Lt. Bob Stowe to revise the
plat/site plan such that the houses/dwelling units in the general area are oriented
toward one another and encourage interaction between more neighbors (See Exhibit
B). Staff believes that the only way this comment can be complied with is if Lot 8,
Block 2 is removed.
Mu1ti-U~e Pathwav: The Parks Department has commented that they need a multi-
use pathway through this site. The Parks Department has given the applicant several
options for location of said pathway. Said pathway shall be lOp feet wide and
constructed to either tie in with the sidewalk on Black Cat Road or Cheny Lane, and
continue on to the west property line. If constructed from Black Cat Road, the
applicant shall use the existing access easement between the LDS church and the 7th
Day Adventist Church to the western boundary, OR construct a 10-foot wide multi-
use pathway from Black Cat Road using the existing access easement to the first street
in development, then north to Safford Lateral (as a 5-foot wide sidewalk), then west
along Safford Lateral (if allowed by Settlers' Irrigation District) to west boundary, OR
construct a 10-foot wide multi~usc pathway from Black Cat Road into the site using
the existing access easement to the first street in the development, then north across
the Safford Lateral (as a 5-foot wide sidewalk) to tie into the sidewalk in Tumbeny
Subdivision. If constructed from Cheny Lane, the applicant shall construct the
pathway on the west side of Powder Way (in lieu of concrete sidewalk if allowed by
ACHD) tu tht: Milll;Ulll propelty (Parcel No. 81204438650).
Landscaping: The landscape plan prepared by Jensen Belts, Associates, on 2-23-06
(revised 3-23-06), labeled Sheet #L-l is approved with the following
modifications/notes:
. Construct a 25-foot wide street buffer along Cheny Lant:, exdusive of ACHD
right-of-way. Said buffer should be constructed in accordance with UDC 11-
3B-7.
. Per UDC 11-3G-3A, set aside at least 5% (1 acre) of the site for useable open
space.
. Incorporate Lot 3, Block 1, into the common park area, Lot 2, Block 1.
. Place landscaping, as allowed by the Public Warks Department, within Lot
25, Block 3.
Indine Village Subdivision AZ-06-0 18/PP-06-0 16
PAGE 10
CITY OF MbKlDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 27, 2006
. Per UDC 11-3G-3El, at least one deciduous shade tree per every 8,000 square
feet of common open space should be planted, and common areas should be
improved with lawn, either seed or sod.
. Per UDC 11~3B-I0, the applicant should work with the City Arborist, Elroy
Huff, on designing, adopting, and implementing a protection and mitigation
plan for the existing trees on site.
. Maintain at least a 5-foot wide landscape strip on both sides of the proposed
micropath on Lot 20, Block 2, and the Parks Department required multi-use
pathway, and construct trees at a rate of 1 tree per ever 35 linear feet.
. A written certificate of completion should be prepared by the laml::;<.;ape
architect, designer, or qualified nurseryman responsible for the landscape
plan. All standards of installation should apply as listed in UDC 11-3B-14.
Submit copies of a revised landscape plan, reflecting the changes/notes mentioned
above, with the tinal plat application(s).
Access: Access to this site is currently provided from Cherry Lane and a private street
to Black Cat Road. Except for the proposed public street, Powder Way, direct lot
access to Cherry Lane and Black Cat Road should be prohibited; place a note on the
final plat. The applicant should abandon any vehicular access interest this property has
in the private street easement to Black Cat Road. Staff recommends that prior to
signature of the fmal plat by the City Engineer, the applicant be required to submit a
copy of a recorded document, a release of dominant parcel interest, for the interest that
the subject parcels have in the private street (coordinate the drafting of this document
with the City's Legal Department.)
Stub Streets: The applicant should be required to provide public stub streets to the
Cady property to the east (Parcel #81204449100) and the Marcum property to the
west (Parcel #SI204438700) as proposed.
Existing Residences/Buildings: The site currently contains multiple buildings. All
existing buildings to remain shall be lucated/re-Iocated in accordance with the
building setbacks of the R-4 zone, prior to signature of the final plat by the City
Engineer.
Fencing: The applicant is proposing to construct 6-foot solid fencing along the entire
perimeter of the site. A detailed fencing plan should be submitted upun application of
the final plat. If permanent fencing is not provided before issuance of a building
permit, temporary construction fencing to contain debris must be installed around the
perimeter. Perimeter, common open space, and micro~path /multi-use fencing shall be
designed according to UDC 11-3A-7.
Common Areas: Maintenance of all common areas shall be the responsibility of the
Incline Village Home Owners' Association.
Ditches. Laterals, and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or
canals, including the Safford Sublateral, but exclusive of any natural waterway, that
intersect, cross or lie within the area being subdivided shall be covered.
Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems
Incline Village Subdivision AZ-06-0 18/PP-06-0 16
PAGF 11
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 27, 2006
be supplied by a year-round source of water. 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 used, the developer will be responsible for the payment
of assessments for the common areas prior to signature on the fInal plat by the City
Engineer. An underground, pressurized irrigation system should be installed to all
landscape areas per the approved specifIcations and in accordance with UDC 11.3A-
15 and MCC 9-1-28.
b. Staff Recommendation: Staff recommends approval of the subject applications AZ-06-
018 and PP-06-016. with the conditions listed in Exhibit B of the Staff Report for the
hearin!:! date of June 27. 2006.
11. EXHffilTS
A. Drawings
1. Pl-eliminary Plat (dated: 2-8-06, revised 4-19-06)
2. Landscape Plan (dated: 2-23-06, revised 3-23-06)
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Depm1ment
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
8. Central District Health Depmtment
C. Legal Description
D. Required Findings from UnifIed Development Code
Incline Village Subdivision AZ-06-018/PP-06-016
PAGE 12
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE or JUNe 27, 2006
A. Drawings
I. Preliminary Plat (Revised 4-19.06)
()O~'^J.M~rn~ ,
nS'iII\,ltl'dt"" "'~~~~"I,N
1"""',J.~I.all~
OH\tCll . A1NOOO \lOW 'N'o'IQllIlf'/
NOISIMJllllS MTlIiI :lN1'K!f;1
.___ H~~:~~~,.'7::~:.':., .'-
.:~:\.'( ~.'.'. - I ,! . .-~:
\'1 \, ,'m[[TB . .~ ~
'::f:: i:",~r;1 tl~: ~-.,
.. ']I""J t:. - ~=__, r~,., II -
--:1:1:.' _\:1 }Irrr~ :i~=~ .
. .
~f' ·
,I
r!
I! ~ I i II ~i: ~! II I I~'I) I ) If I I 1 if
ci;Hd ~ hp ~ ; II 1:!3 nli flU Hhj , l i~f 'iil It.!
· I r I.l r = i ! ~ d j t ,. t. hi II 'fl.. ~U I ' IJ, (.., I i II
8 I ~ f II Ii n II n L I I n IH~ nIil ~n, ftlli :' II jijJiil1 Id f~
~ I II 'I ~ if! !IHi H- ~ Fth i ,I'jit i' ~f · fi r U
: ,. .";t g>lr.. 11'11- ~ ill:i HIli ni ~ ill;; ; il hh J1itf i d I~ ;1)
I i III! i ' d JIf::IHU1!'1 I{\ li!',ill1jd1J ~I' lil.Jf dl'lf I ii ij ~i!
II "I .1 r.h 1 < 1 .1. 'i" . .. ,U ,.1., ,If
I I
i II I
t ~/ " .
:";;~; i.
"It', ',h~.;J., .~ ;
~. ! "1
"~
i L
ti n
:Ii n
~.~
I J
.1
~,;;~f.
~ 9~~i\
, ,,~ Q-.
-~ > m.~~Jl
U ~-..
Z
J
z
"
n~
."'~ ,,,-
I ~.~~~.~
z.~,,,,,..,,
, 61r~;(S~
~'~~~.~
m~~ILi~
~: f.lg
J. ;J;:
n ~
;; :: iW ~.~~~
; · ."..,. h ;' i.; ~.
Il ~ I
I~ ,~ . ", -
!Nl11 HI" .. J
hi I. II I h I
~~~
"j
IL
:.o..:~,,-~
/~1
If
~ 3, ~
Exhibit A - Page 1
i
~F
~~
u
'L
~,~ ~
I ·
,
T.. 0, Hi: &
s~ ~~;
! r,( ; ~ :~~
~ - ~-,~ :~ ~~
. .~" ::'~~'''' /
.. "-;H;1
J~ 'l~ It'
~~ h
::~d
;l!:""" ~.
~l, .
,
CITY OF MERIDIAN PLANNiNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 27, 2006
Landscape Plan (dated 2-23-06, revised 3-23-06)
.
.
I
.
Exhibit A ~ Page 2
CiTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT fOR THE ImARING DATE OF JUNE 27, 2006
B. Conditions of Approval
1. Planning Department
1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT (PP-06-0 16)
1.1.1 The preliminary plat labeled as Sheet 1 of 3, prepared by J~U-B Engineers, Inc., dated April 19,
2006, is approved, with the conditions listed herein. All comments and conditions of the
accompanying Annexation and Zoning (AZ-06wOI8) application shall also be considered
conditions of the Preliminary Plat (PP-06-0 16)
1.1.2 The landscape plan prepared by Jensen Belts, Associates, on 2-23-06 (revised 3-23-06), labeled
Sheet #L1 wI is approved with the following modifications/notes:
. Construct a 25-foot wide street buffer along Cherry Lane, exclusive of ACHD
right-of-way. Said buffer should be constructed in accordance with UDC 11-
3D-7.
. Per UDC llw3Gw3A, set aside at least 5% (1 acre) of the site for useable open
space.
. Place landscaping, as allowed by the Public Works Department, within Lot
25, Block 3.
. Per UUC 11-3Gw3E L, at least one deciduous shade tree per every 8,000 square
feet of cormnon open space should be planted, and common areas should be
improved with lawn, either seed or sod.
. Per UDC 11-3B~10, the applicant should work with the City Arborist, Elroy
Huff, on designing, adopting, and implementing a protection and mitigation
plan for the existing trees on site.
. Maintain at least a 5-foot wide landscape strip on both sides of the proposed
micropath on Lot 20, Block 2, and the Parks Department required multi-use
pathway, and construct trees at a rate of I tree per ever 35 linear feet.
. A written certificate of completion should be prepared by the landscape
architect, designer, or qualified nurseryman responsible for the landscape
plan. All standards of installation should apply as listed in UDC 11- 3B-14.
Where the applicant has submitted a preliminary landscape plan and where staff has reviewed
such plan, the landscaping shall he consistent with the preliminary plan with modifications as
proposed by staff. The proceeding modifications and notes should be shown on a revised
landscape plan submitted with the final plat application(s).
1.1.3 All lots within the development shall conform to the dimensional standards of the proposed R-4
zone, including a minimum 8,000 square foot lot size. At least 10 days prior to the City Council
hearing, submit 10 full size and one 8.5" x 11" copy of the revised preliminary plat that depicts
all changes requested by the Commission.
1.1.4 Place a note on the face of the final plat that prohibits direct lot access to Cherry Lane and Black
Cat Road.
1.1.5 Prior to signature of the final plat by the City Engineer, the applicant shall submit a copy of a
recorded document, a release of dominant parcel interest, for the interest that the subject parcels
have in the private street easement to Black Cat Road (coordinate the drafting of this document
with the City's Legal Department.)
Exhibit B -- Page 2
CITY OF MERIDIAN PLANNINU UHPARTMENT STAFf REPORT fOR THE HEARING DATE OF JUNE 27, 2006
1.1.6 Provide public stub streets to the Cady property to the east (Parcel #SI204449100) and the
Marcum property to the west (Parcel #SI204438700) as proposed.
1.1.7 All buildings that span across proposed lot lines, or do not conform to the dimensional standards
(setbacks, height, etc.) of the UDC shall be removed, relocated or made to conform to city code,
prior to signature of the final plat by the City Engineer. The accessory structures on Lot 10, Block
2, Lot 3 and 4, Block 4, and Lots 11 and 12, Block 3 shall be removed prior to the signature of the
final plat by the City Engineer.
1.1.8 Provide a 6.foot tall solid fence around the perimeter of the development, as proposed. Vinyl
fencing shall be installed adjacent to the Cady's property (adjacent to Blocks 3 and 4). A detailed
fencing plan shall be submitted upon application of the final plat. If permanent fencing is not
provided before issuance of a building pennit, temporary construction fencing to contain debris
must be installed around the perimeter. Perimeter, common open space, and micro-path fencing
shall bt: llt:sigued according to UDC 11-3A-7.
1.1.9 The applicant shall construct a minimum lO-foot wide multi-use pathway on this site. The multi-
use pathway shall be constructed in accordance with the Meridian Park Department's
requirements. The pathway must connect from one major arterial to another, and either an
easement or ownership deed must be granted before the city will asswut: the maintenance of any
section of pathway.
1.1.10 Maintenance of all common areas shall be the responsibility of the Incline Village Home Owners'
Association.
1.1.11 Per UDC 11- 3A-6 all irrigation ditches, laterals or canals, including the Safford Sublateral, but
exclusive of any natural waterway, that intersect, cross or lie within the area being subdivided
shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or
lateral users association (ditch owners), with written approval or non-approval submitted to the
Public Works Department. If lateral users association approval can not be obtained, alternate
plans will be reviewed and approved by the City Engineer prior to final plat signature.
1.1.12 Underground, pressurized irrigation must be provided to all lots within this development.
1.1.13 The future homes on Lots 5, 6 and 7, Block 3, shall be limited to a single-story. Bonus rooms
shall be allowed on the subject lots, but no south facing windows are pennitted.
1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT (PP-06-016)
1.2.1 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as
noted in this report, shall be submitted for the subdivision with the final plat application(s).
1.2.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuant to UDC 11.3A-17.
1.2.3 All areas approved as open space shall be free of wet ponds or other such nuisances. All
stormwater detention facilitit:s incurpurated into the approved open space are subject to UDC 11-
3Aw 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.
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
Exhibit D - Page 2
CITY or MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING VA TE OF JUNE 27,2006
proposed by staff. If the stormwater detention facility call110t be incorporated into the approved
open space and still meet the standards ofUDC 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 fmal construction.
1.2.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department.
1.2.5 Staffs failure to cite specific ordinance provisions or terms of the approved alll1exation and
conditional use does not relieve the applicant of responsibility for compliance.
1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7.
2. Public Works Department
2.1 Sanitary sewer service to this development is being proposed via extension of mains located in
Tumberry Subdivision and trunks in Black Cat Road. The applicant shall install mains to and
through this dt:vdupmt:nl, cuunlinalt: main si:t:t: and rouling wilh lht: Public Works Department,
and execute standard forms of easements for any mains that are required to provide service.
Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than
three feet than alternate materials shall be used in conformance of City of Meridian Public Works
Departments Standard Specifications.
2.2 Sub-standard grade shall be allowed on the off-site sewer of no less than 0.30%.
2.3 Prior to construction plan approval the applicant shall submit an executed easement for the sewer
being proposed through the property to the east. The easement shall include Public Works
standard language (supplied by Public Works), a legal description, which must include the area of
the easement (marked EXHffiIT A) and an 8-1/2" x 11" map with bearings and distances
(marked EXHIBIT B) for review. Both exhibits must be signed by the property owner granting
the easement, and sealed, signed and dated by a Professional Land Surveyor.
2.4 Any sewer mains not located in the right-of-way shall have a 14-foot wide all weather access
road, built to Meridians Standard Specifications, placed over the sewer main to facilitate cleaning
and maintenance of the sewer system and its appurtenances.
2.5 Water service to this site is being proposed via extension of mains in Turnberry Subdivi!'\ion. The
applicant shall be responsible to install water mains to and through this development, including
cOlll1ecting to the 12-inch main in W. Cheny Lane, coordinate main size and routing with Public
Works. The applicant shall execute Meridian's standard form of easements tor any mains that are
required to provide service.
2.6 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13
and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of
reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement
with the reimbursable amount shall be approved by Council prior to plat signature.
2.7 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 evidence of a license agreement
shall be submitted prior to scheduling of a pre-construction meeting.
Exhibit B - Page 2
crTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 27, 2006
2.8 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 responsihle for the payment of assessments for the common areas prior to
signature on the final plat by the City Engineer.
2.9 The applicant shall be responsible for the payment of assessments and the actual physical hook-
up of the existing houses to the municipal services. If the house on Lot 2 Block 4 cannot gravity
to the proposed mains, a single grinder pump shall be installed. No other lift stations shall be
allowed for this development.
2.10 The following lots do not meet the required minimum lot size of 8,000 square feet for the R-4
zone. The applicant shall revise the plat so all lots meet minimum frontage and square footage.
a.) Lot 2, Block 2.
b.) Lots 4, 5, 8, 13,20,21, and 22, Block 3.
2.11 All existing structures spanning proposed lot lines or not meeting the new setbacks shall be
removed prior to signature on the fmal plat by the City Engineer.
2.12 Meridian Public Works specifications do not allow any large landscaping within a five foot radius
of water meters. The applicant shall make the necessary adjustments to achieve this separation
requirement and comply with all landscape requirements.
2.13 Any existing domestic wells and/or septic systems within this project shall be removed from
domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-
domestic purposes such as landscape irrigation.
2.14 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6.
Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association
(ditch owners), with written approval or non-approval submitted to thc Public Works Department.
If lateral users association approval can't be obtained, alternate plans shall be reviewed and
approved by the Meridian City Engineer prior to final plat signature.
2.15 The applicant has not indicated how the storm drainage from the proposed parking lots associated
with the attached units will be disposed. A drainage plan designed by a State of Idaho licensed
architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91)
for all off-street parking areas. Storm water treatment and disposal shall be designed in
accordance with Department of Environmt:nlal Qualily 1997 publication Catalog of Storm Water
Best Management Practices for Idaho Cities and Counties and City of Meridian standards and
policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has
authority over the receiving stream provides written authorization prior to development plan
approval. The applicant is responsible for filing all necessary applications with the Idaho
Department of Water Resources regarding Shallow Injection Wells.
2.16 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.
2.17 A letter of credit or cash surety in the amount of 11 0% will be required for all uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
2.18 All development improvements, including but not limited to sewer, fencing, micro-paths,
Exhibit B - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE or JUNE 27, 2006
pressurized irrigation and landscaping shall be installed and approved pnor to obtaining
certificates of occupancy.
2.19 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as detennined during the plan review process, prior to signature on the final plat
per Resolution 02-374.
2.20 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.
2.21 Applicant shall be responsible for application and compliance with and NPDES Pennitting that
may be required by the Environmental Protection Agency.
2.22 Applicant shall be responsible for application and compliance with any Section 404 Pennitting
that may be required by the Anny Corps of Engineers.
2.23 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.24 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.
2.25 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 l.foot above.
2.26 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
dctcnnined 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.
2.27 No manholes or water valves are allowed within roundabouts. If utility lines run under the
roundabouts then trees shall be prohibited.
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 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.
3.3 Final Approval ofthe fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 Y:z" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on comers when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be place 18" above finish grade.
g. Fire hydrants shall be provided to meet the requirements ofthe 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.
Exhibit B - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT fOR THE HEARING DATE OF JUNE 27, 2006
3.4 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. Cul.de-sacs require a
~6-foot radius.
3.5 All entrance and internal roads and alleys shall have a turning radius of28' inside and 48' outside
radius.
3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all
weather surface are required before combustible construction is brought on site.
3.7 The proposed 64-lot subdivision with an estimated 2.9 residents per household would have a total
estimated population of 186 residents at build out.
3.8 The fire department requests that any future signalization installed as the result of the
development of this project bc 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.
3.9 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdictiun is more than 400 feet (122 m) from a hydrant on a firc 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).
For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183
m).
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 GOO feet
(183 m).
4. Police Department
4.1 Any interior fencing next to common open space shall allow visibility from the street or shall not
exceed four feet in height if solid fencing is used.
4.2 Lot 8, Block 2, creates a residence that will be isolated from their surrounding neighbors. Such
areas have an increased crime potential. The applicant shall work with the Police Chief and/or
Planning Staff to revise the plat/site plan such that the houses/dwelling units in the general area
are oriented toward one another and encourage interaction between more neighbors. The plat/site
plan shall be revised in accord with those discussions.
5. Parks Department
5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape
Ordinance will be followed.
5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in
the City of Meridian Landscape Ordinance will be followed.
Exhibit B - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 27, 2006
5.3 Pathway and Trail standards: The applicant should be required to construct a 10-foot wide multi-
use pathway through this site from either Black Cat Road or Cherry Lane. The required pathway
and/or trail shall be constructed in accordance with the Meridian Park Department's
requirements.
5.4 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.
6. Sanitary Service Company
6.1 SSC has no comments related to this application.
7. Ada County Highway District
Site S,Jeci{ic Conditions of Avvroval
1. Construct the site's access intersecting Cherry Lane approximately 143-feet east of the west
property line, as proposed.
2. Construct sidewalk in compliance with District policy along Cherry Lane located a minimum of
4l-feet from the centerline of the roadway.
3. Dedicate 48-feet of right-of-way from the centerline of Cherry Lane abutting the parcel by means
of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed
and signed by the applicant prior to scheduling the fmal plat for signature by the ACHD
Conunission or prior to issuance of a building permit (or other required pcrmits), whichcvcr
occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of
all requested material. The owner will be paid the fair market value of the right-of-way dedicated
which is an addition to existing ACHD right-of-way if the owner submits a letter of application to
the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance
in effect at that time (currenlly Onlinam;e #200), if [umls are available.
4. Extend 0' Connor Avenue to the north (with Tumberry #2 Subdivision), as proposed. Consult
District staff regarding the utilization of the road trust deposit funds set aside from Turnberry #2
for the cost of piping and paving over the Safford Sublateral where O'Conner Street connects.
5. Construct one new stub street to the east from W. Cornice Street located approximately 370-feet
north of the south property line; and one new stub street to the west from W. Cornice Street
located approximately 370-feet north of the south property line, as proposed.
6. Provide traffic calming along N. Powder Way (i.e. chokers, bulb-outs, traffic circles, etc.). The
applicant should coordinate the location and design of the traffic calming devices with District
Traffic Services staff.
7. Construct internal streets as 36-foot street sections with curb, gutter, and 5-foot attached concrete
sidewalks within 50-feet of right-of-way.
8. Comply with all Standard Conditions of Approval.
Exhibit B Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 27, 2006
Standard Conditions of Apvroval
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
borne by the developer.
4. Replace any existing damaged curb, gullt:r ami siut:walk 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'::; 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 permits), which incorporates any required design changes.
9. Construction, use and property development shall be in conformance with all applicable
requirements ofthe 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 brt:aking gruund 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 of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorizt:u representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
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
Exhibit B - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 27, 2006
a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
8. Central District Health Department
8.1 After written approval from appropriate entities are submitted, we can approve this proposal for
central sewage and central water.
8.2 The following plans must be submitted to and approved by the Idaho Department of Health &
welfare, Division of Environmental Quality: central sewage and central water.
8.3 Run-off is not to create a mosquito breeding problem.
Exhibit B - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 27, 2006
C. Legal Description
Project:
Date:
10-05.12.5
February 9, 2006
INCLINE VILlAGE
ANNEXATION BOUNDARY
That portion of the Southeast 1/4 of Section 4, Township 3 North, Ranse , West. Boise Meridian, Ada
County, Idaho, and more particularly described as follows:
Commenctngat the Southeast corner of Section 4; thence alone the Southerly boundary of the
Southeast 114. North 89'17'10" West, 990.65 feet to the POINT OF BEGINNING: .
thence c:ontinullll along said boundCl.ry, Nurth 89'17'10- West, Jl4.J5 feet to the East 1/16 comer of
Sectlon4i .
thence along the Wl!5terly boundary of the Eut 1/2 of the 5outheastl/" of said sKtion.
NOrth 00'41'26" East, 1,475.33 feet; .
thence South 89 . 18'4T East, 793.86 feet;
thence South OO'3T43" West, 822.68 feet;
thence North 89'22'30" W~t. 461.44 feet;
thence South 00']6'1)0" West, 652.31 feet to the POINT OF BEGINNING.
Contatnl"1l 20.006 acres, more or less.
END Of DESCRIPTION
Prepared by:
J-U-B ENGINEERS, Inc.
Ronald M, HQdte, P.LS.
~,,?,~P~\lA~
IlY / .l"'l.
:1
MERlD,"N I'Ufl\.JC,;
WORI':S OtPT
RMH/tUdhc:
P:\GAL\lD-05.125 . Incline "".\10.05.125 . Admt\\llellCr1ptlans\10.0~H2.5.Annn.doc
Exhibit C - Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 27, 2006
r-- -- - -'!".:'~ - ~:- -- --,
I .
i i
I I
i ~
. ~
~ i
i ~
~I ~
if I
I. I
I
i I
. rNiiir.n--:r--.1
I 4t'l.44
, :
: ,
I ~
I Ii
I I
L__~__j
NWtTlv-W o1H.3I
w. l'J..IE:RRY lANE
...
N
,
t
~
- SC'AL.E: ,".28'0'
4IlO
R"W .!,PPFt"VAI. I'l ___
BY =L_.~Jl u;--.. _ '
:\-I EO" ,'J.AN PUBI.K:.
'N~, "''-:> I;.CPT
IE. ./. QmI., -..
Cl'1I NO. IIOlIUI
1- llIlnT1o'E tiO.il \,
-
1
Ql'
1
"'-lIATlOH IDlHIBlT
Exhibit C - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 27, 2006
D. Required Findings [rum UniIit:u Development Code
1. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation
and/or rezone, the Council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive
plan;
The applicant is proposing to zone all of the subject property to R-4. 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;
Council finds that future development of this property will comply with the established
regulations and purpose statement of the R-4 zone, if the applicant enters into a
development agreement with the city.
3. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
Council finds that the proposed zoning amendment will not be detrimental to the public
health, safety, or welfare. The Commission and Council should rely on any oral or
written testimony that may be provided when detennining this finding.
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,
Council 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.
5. The annexation is in the best of interest of the City (UDC 11-5B-3.E).
The R -4 zoning amendment will provide lots that are similar in nature to eXlstmg
subdivisions in the near vicinity, and transitions well to the existing rural lots in the
vicinity. 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, Council finds that Armcxation and Zoning of this property
to R-4 would be in the best interest ofthe City. if the applicant enters into a Development
Agreem~_nt (DA) with the City.
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:
Exhibit D - Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 27, 2006
1. The plat is in conformance with the Comprehensive Plan;
Council finds that the proposed application is in substantial compliance with the adopted
Comprehensive Plan. Council generally supports the proposed plat layout as it generally
complies with the provisions of the Comprehensive Plan. Please see Comprehensive
Plan Policies and Goals, Section 8, and Analysis, Section 10 of the Staff Report.
2. Public services are available or can be made available and are adequate to
accommodate the proposed development;
Council finds that public services are available to accommodate the proposed
development. (See Exhibit B of the Staff Report for more details from public service
providers.)
3. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because the developer is installing sewer, water, and utilities for the development at their
cost, Council finds that the subdivision will not require the expenditure of capital
improvement funds.
4. There is public financial capability of supporting services for the proposed
development;
The Commission and Council should rely upon comments from the public service
providers (Le., police, fire, ACHD, etc.) to determim: thi:s fimliug. (See finding Items 3
and 4 above under Annexation Findings, and the Conditions of Approval in Exhibit B for
more detail.)
5. The development will not be detrimental to the public health, safety or general
welfare; and
Council is not aware of any health, safety or environmental problems associated with the
development of this subdivision. ACHD considers road safety issues in their analysis.
The Commission and Council should reference any public testimony that may be
presented to determine whether or not the proposed suhdivision may cause health. safety
or environmental problems of which staff is unaware.
6. The development preserves significant natural, scenic or historic features.
Council is unaware of any natural, scenic or historic features on this site. Council fmds
that the proposed development will not result in the destruction, loss or damage of any
natural, scenic or historic feature(s) of major importance. The Commission and Council
should reference any public testimony that may be presented to determine whether or not
the proposed development may destroy or damage a natural or scenic feature(s) of major
importance of which staff is unaware.
Exhibit D - Page 2