HomeMy WebLinkAboutQuarterhorse Subdivision VAR
RECEIVED
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
JUL 0 6 2006
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In the Matter of Variance request for increase in cul-de-sac length from 450 feet to 545 feet
in a proposed R-4 zone for Quarterhorse Subdivision, by Ryan Carnie.
Case No(s). V AR-06-008
For the City Council Hearing Date of: July 11, 2006
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of June 22,2006
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of June 22,2006
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of June 22,
2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of June 22, 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. S67-6S03).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code S
II-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AR-06-008- PAGE 1 00
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5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the proposal is allowed.
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 all in the
attached findings in the Staff Report for the hearing date of June 22,2006 incorporated
by reference.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code S II-SA and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Variance Request for increase in cul-de-sac length from 450 feet to 545
feet in a proposed R-4 zone is hereby approved.
D. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, an approval 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
twc:mty-t:ight (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 S 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or approval
of the conditional use permit approval may within twcnty-cight (28) days after the date
of this decision and order seek a judicial review as provided by Chapter 52, Title 67,
Idaho Code.
E. Attached: Staff Report for the hearing date of June 22, 2006
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). v AR-06-008- PAGE 2 of 3
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By action of the City Council at its regular meeting held on the
~ ,2006.
V
II~ dayof
COUNCIL MEMBER KEITH BIRD
VOTED~
VOTED ~~
VOTED ~,JIJ
VOTED~
COUNCIL MEMBER SHAUN WARDLE
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
TIE BREAKER
MAYOR TAMMY deWEERD
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VOTED
Copy served upon: V
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ATTEST:
By,-- \MJI'\. h ~lJJ
City Clerk's Office .
Dated: "1 ~ \~ ~ 0 l.l>
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AR-06-008- PAGE 3 of 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATI:: OF 06/22/06
STAFF REPORT
TO
Hearing Date: June 22, 2006
Mayor and City Council
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FROM:
SUBJECT
Joe Guenther, Associate City Planner
Jennv Veatch. Associate City Planner
Meridian Planning Department
Quarterhorse Subdivision
AZ-06-0 16
Annexation of 5.08 acres from RUT to R-4
PP-06-010
14 Single-family residential lots and 2 other lots
V AR-06.008
Variance to cul-de-sac length to 545 feet
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The request is for annexation and zoning of 5 .08 acres of land that is currently zoned RUT in Ada
County. The applicant is seeking an R-4 zone (Medirun-Low Density Residential District) for the entire
parcel. The applicant hus submitted a preliminary plat for the subject property for 14 single-family lots all
with detached products, and 2 common/other lots on 5.08 acres. Amenities for the development include
an open space lot and parkway planters adjoining the streets. The applicant is also asking for a variance to
the cul-de-sac length to 545 feet to achieve consistent lot configurations and meet the open space
requirement.
2. SUMMARY RECOMMENDATION: Staff is recommending approval of the subiect annexation
and zoning (AZ-06-0l6t preliminary plat (PP-06-01O) and variance (V AR-06-008) for the reasons listed
ht:rt:in and subject to the conditions of approval listed. The applicant proposes to provide water and sewer
to the development via extensions of mains in Black Cat Road. The Meridian Planninl! and Zonine
Commission heard the item on April 20. 2006. At the public hearin!! they moved to recommend
approval. The applicant submitted revised preliminary plat site and landscape plans based upon
the Plannine and Zonine Commission's Recommendations. Chanees are reflected in bold and
underscored in this report. On .June 22. 2006 the Citv Council aooroved the subiect annlications.
a. Summary of Public Hearing:
i. In favor: Ryan Carnie, Lochsa Engineering (Applicant's representative)
ii. In opposition: George Haneke
iii. Commenting: None
iv. Staff presenting application: Joe Guenther
v. Other staff commenting on application: Mike Cole
b. Key Issues of Discussion by Commission:
i. Access and turnaround.
c. Key Commission Changes to Staff Recommendation:
i. Modify the preliminary plat by rotating the proposal east and west so that the cul-
de sac shall be to the west and access from W. Quarterhorse Lane to W.
Morganhorse Court shall be to the east.
Quarterhorse Subdivision
A7-06-0I6/PP-06-0 ION AR-06-008
PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT fOR THE HEARING DATE OF 06/22/06
ii. Post W. Morganhorse COurt as not a through street.
Please see Exhibit B below for changes.
d. Outstanding Issue(s) for City Council:
i. The requested variance was not acted on by the Commission. The applicant is
requesting to construct a 545 feet cuI-de-sac (UDC-II-6C-B-4 restricts length to
450 feet).
PROPOSED MOTIONS (to be considered after the public hearing)
Approve
I move to approve File Numbers AZ-06-0 16/PP-06-0 1 ON AR-06-008 as presented in the staff
report for the hearing date of June 22,2006, and the preliminary plat dated }Jovember 9,2005
Mav 22. 200" Revised June 16. 2006 with the following modifications to the conditions of
approval: (add any proposed modifications).
Deny
I move to deny File Numbers AZ-06-0 16/PP-06-0 1 ON AR-06-008 as presented at the public
hearing on June 22, 2006, for the following reasons: (you should state specific reasons for denial
of the annexation or plat and you must state specific reason(s) for denial of the conditional use
permit.)
Continue
I move to continue File Numbers AZ-06-016/PP-06-010N AR-06-008 to the hearing date of
(insert continued hearing date here) for the following reason(s): (you should state specific
reason(s) for continuance.)
3. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
71 0 Black Cat Road
SE comer of Black Cat Road and Pine Ave.
b. Owner
M2 Land LLC
1290 Butterfield Rd.
San Anselmo, Ca 94960
c. Applicant:
Ryan Carnie
Lochsa Engineering
1311 W. Jefferson
Boise Id 83702
d. Representative: Ryan Carnie
e. Present Zoning: COUNTY-RUT
f Present Comprehensive Plan Designation:
Medium Density Residential
g. Description of Applicant's Request:
1. Date of preliminary plat (attached as Exhibit AI): November 9, 2005 Mav 22.
~ Revised .Tune 16. 2006
2. Date oflandscape plan (attached as Exhibit A2): February 11 June 14.2006.
h. Applicant's Statement/Justification: The proposed overall density (2.75 dwellings per acre).
The City's designation of Medium Density Residential anticipates residential densities of
Quarterhorse Subdivision
AZ-06-0 16IPP -06-01 ON AR-06-008
PAGE 2
CITY 01'" MEKlUIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 06/21/06
3 to 8 dwellings per acre. However, the Future Land Use Map states that "other
residential densities will be considered without requiring a Comprehensive Plan
Amendment." The proposed density would be considered a "step down" in density to
Low Density Residential. We believe the project will provide a development which will
complement the surrounding land uscs and will be compatible with the Custlebrook
project to the north and the EI Gato Subdivision to the west of the site.
4. PROCESS FACTS
a. The subject application will in fact constitute an annexation and/or rezone as determined
by City Ordinance. By reason of the provisions of the Meridian City Code Title 11
Chapter 5, a public hearing is required before the City Council on this matter.
b. Tht: subject application will in fact constitute a preliminary plat as detern1ined by City
Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 6, a
public hearing is required before the City Council on this matter.
c. Newspaper notifications published on: April 3 and April 17, 2006 (for Planning &
Zoning Commission hearing) and May 29 and June 12,2006 (for City Council hearing).
d. Radius notices mailed to properties within 300 feet on: March 24, 2006 (for Planning &
Zoning Commission hearing) and May 26, 2006 (for City Council hearing).
e. Applicant posted notice on site by: April 8, 2006 (for Planning & Zoning Commission
hearing) and May 8, 2006 (for City Council hearing).
5. LAND USE
a. Existing Land Use(s): Agricultural
b. Description of Character of Surrounding Area:
c. Adjacent Land Use and Zoning
1. North: Castlebrook Subdivision, R-4
2. East: Vacant- Agricultural- Single Family, Ada County RUT
3. South: UPRR - Ada County RUT
4. West: EI Gato Subdivision, R-2
AgriculturallUrbanizing
d. History of Previous Actions: N/A
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: Trunk main in N. Black Cat Ruau.
Location of water: Water main in N. Black Cat Road.
Issues or concerns: None.
2. Vegetation: AgriculturaVIrrigated
3. Flood plain: NA
4. Canals/Ditches Irrigation: none.
5. Hazards: None Identified
6. Proposed Zoning: R-4
Quarterhorse Subdivision
AZ-06-016/PP-06-010/VAR-06-008 PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 06/22/06
7. Size of Property: 5.08 acres
8. Description of Use: 14 single family residential lots
f. Subdivision Plat Infonnation
1. Residential Lots: 14
2. Non-residential Lots: 2- common lots/landscaping
3. Common Lots: 2
4. Total Lots: 16
5. Gross Density: 2.75 units per acre
g. Landscaping
1. Width of street buffer(s): 25 feet on Black Cat Road, 20 feet on Pine Avenue
2. Width ofbuffer(s) between land uses: none required (all residential)
3. Percentage of site as useable open space:
The applicant has defined ~ .28 acres or ~ 5.51 % open space with
parkways and Common Lot -l-2- ~ Block 1.
4. Other landscaping standards:
The landscape architect shall certify that one tree per 8,000 square feet of lawn
has been provided on the landscape plan and parkways are installed consistent
with UDC 1l.3B
h. Required Open Space:
The applicant is required to provide a minimum of five percent qualified open space. UDC
ll-3G-3 A and B. The applicant is showing:
Public Open Space Area: Lut H 2. Bluck 1 as 3,423 sq/ft
Street Buffers: Quarterhorse Lane - ~ 2.193 sq/ft
Morganhorse Court -Parkways - Parkway planters along streets- 9-;444 9.428 sq/ft total.
Minus 26'x 8' x 14 = 2,912 sq/ft for ~ 6.516 qualified sq/ft for the parkways on single-
family detached, street loaded products.
The total open space qualified is ~ 12.132 sq/ft qualified open space or ~ 5.51 %
open space.
1. Proposed and Required Residential Standards
R-4 (Standards)
Setbacks (*all streets local) Proposed
** measured from back of sidewalk
Street setback to Living Area ** 15
Side Accessed Garage** 15
Front Accessed Garage** 20
Side 5
Rear 15
Quarterhorse Subdivision
AZ-06-0 16/PP-06-0 1 ON AR-06-008
Required
15
15
20
5
15
PAGE4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 06/22/06
Street frontage -
With garage facing street 60 60
Lot Size -SF detached
With garage facing street 8,000 8,000
Maximum Building Height 35 35
Minimum Living Area 1,400 1,400
j. Proposed and Required Non-Residential
Non-residential lots are to be used for landscaping and open space.
k. Summary of Proposed Streets and/or Access (private, public, common drive, etc.):
Direct lot access to Black Cat Road and Pine Avenue is prohibited. Access to Black Cat
will be through extension and dedication of Quarterhorse Lane, currently a private street
with 50' of right of way, a stub street with full services shall be provided to the property
west ofthc sitc which will rcmain Quartcrhorsc Lanc, a privatc strcct.
For a detailed report on the public streets and access points to public streets, please the
attached staff report from the Ada County Highway District (Exhibit C).
6. AGENCY COMMENTS MEETING On March 31, 2006 staff held an agency comments
meeting, all agencies attending provided comments as attached in Exhibit D.
Staff has included all comments and recommended actions as Conditions of Approval in the
attached Exhibit B.
7. COMPREHENSIVE PLAN POLICIES AND GOALS
Th~ subject site is designated 'Medium Density Residential' on the Meridian Comprehensive
Plan Future Land Use Map. In Chapter VII ofthe Comprehensive Plan, medium density is
defined as areas including single-family homes at densities ofthree to eight dwelling units per
acre. Stafffmds that the proposed density of (2.75 d.u./acre) for the subject application does not
conform with the Meridian Comprehensive required density. The Future Land Use Map states
that "other residential densities will be considered without requiring a Comprehensive Plan
Amendment." The proposed density would be considered a "step down" in density to Low
Density Residential. The roadway construction and required landscape buffers lowers the overall
density of the proposed project, but staff believes the project meets the purpose and intent of the
Medium Density designation. In the applicant's submittal letter, dated February 15, 2006 several
Comprehensive Plan policies are listed (please see applicant's letter).
Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this
application (staff analysis is in italics below policy):
. Require that development projects have planned for the provision of all public serVIces
(Chapter VII, Goal III, Objective A, Action 1)
When the City established its Area of City Impact, it planned to provide City services to the
subject properties. 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 jurisdiGtiuYl uJ the Meridian Rural Fire
District. Once annexed the lands will be under the jurisdiction of the Meridian
Quarterhorse Subdivision
AZ-06-0 I 6/PP-06-010N AR-06.008
PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 06/22/06
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 northern roadway adjacent to the subject lands are currently owned and
maintained by the Idaho Transportation Department (ITD). 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 and Zoning Department, Meridian Utility
Billing Services, and Sanitary Services Company.
. "Restrict curb cuts and access points on collectors and at1erial streets." (Chapter VII, Goal
IV, Objective D, Action item 2)
Stafffinds that Black Cat Road will serve as the main access pointfor all the properties in
this subdivision as well as a connection into thefuture public road to the East of the site.
. "Require appropriate landscape and buffers along transportation corridors (setback,
vegetation, low walls, berms, etc_)" (Chapter VII, Goal IV, Objective D, Action item 4)
As depicted on the Comprehensive Plan Future Land Use Map, the applicant is proposing to
construct a 25-joot wide landscape bufjer along Black Cat Road and a 2U-joot wide
landscape buffer on Pine Avenue. Staff is supportive of these widths, as long as the entire
buffer lies outside the ultimate right-of-way.
See Site Specific Conditions in the Preliminary Plat section below in Exhibit C.
. "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach"
from thc National Center for Bicycling and walking in ullland use decisions." (Chapter VI,
Goal II, Objective A, #3)
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.
The applicant is providing sidewalks along all intemal street systems and a common lot
connection to Quarterhorse Lane.
. Protect existing residential properties from incompatible land use development on adjacent
parcels (Chapter VII, Goal IV, Objective C, Action 1)
Quarterhorse Subdivision
AZ.06-0 16/PP.06-0 1 ON AR -06-008
PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 06/22/06
All of the properties adjacent to the subject site are designated for Medium Density
Residential or Low Density Residential uses on the Comprehensive Plan Future Land Use
Map.
· 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 (Chapter VII, Goal IV,
Objective C, Action 10)
The subject property is designated Medium Density Residential on the Meridian Future Land
Use Map which identifies this area as an appropriate area for medium density residential
development. This proposal meets the intent of the Comprehensive Plan definition of medium
density, even though the gross density of 2.75 dwelling units per acre is lower than the stated
range of 3 to 8 dwelling units per acre. (See previous discussion.). Staff has reviewed
Quarterhorse Subdivision under the Medium Density Residential Meridian Future Land Use
Map designation and .finds the application consistent with the comprehensive plan
designation.
Staff finds that the proposed IOnirlfI and subseauent uses (sinfIle-familv homes) will be
harmonious with and in accordance with the Comprehensive Plan.
8. ZONING ORDINANCE
a. Allowed Uses in the Residential Districts: UDC Table 11-2A-2lists single-family residential
development uses as permitted uses in the R -4 zoning district.
b. Purpose Statement of Zone:
MEDIUM-LOW DENSITY RESIDENTIAL DISTRICT (R-4) The purpose ofthe 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. Residential land uses are also allowed within the O-T, TN-C, and TN-R
districts as set forth in Chapter 3 Article D.
c.1l-3G-l:
Common Open Space and Amenity Requirements
The regulations of this Article are intended to provide for common open space and site amenities
in residential districts that improve the livability of residential neighborhoods, buffer the street
edge, and protect natural amenities.
9. ANALYSIS
9a. Analysis of Facts Leading to Staff Recommendation
1. ANNEXATION & ZONING ANALYSIS: Based on the policies and goals contained in the
Comprehensive Plan and the general compliance of the proposed development with the Zoning
Quarterhorse Subdivision
AZ-06-0 16/PP-06-0 1 ON AR-06-008
PAGE 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARINU IJATE OF 06/22/06
Ordinance, staff believes that this is a good location for the proposed single family residential
products. Please see Exhibit D for detailed analysis of facts and findings.
1.1 The annexation legal description submitted with the application (stamped on February 15,
2006 by Michael Engbritson, PLS) shows the property as contiguous to th~ t:xisting corporate
boundary of the City of Meridian.
1.2 Any future subdivision, uses and construction on this property shall comply with the City
of Meridian ordinances in effect at the time.
1.3 That the applicant will be responsible for all costs associated with the sewer and water
service extension. Any existing domestic wells and/or septic systems within this project will
have to be removed from their domestic service, per City Ordinance Section 5-7-517, when
services are available from the City of Meridian. Wells may be used for non-domestic
purposes such as landscape irrigation.
1.4 That all future development of the subject property shall be constructed in accordance
with City of Meridian ordinances in effect at the time of development. All future uses shall not
involve uses, activities, processes, materials, equipment and conditions of operation that will
be detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
1.5 UDC ll-5B~3D2 provides the P&Z Commission and City Council the authority to require
a property owner to enter into a Development Agreement with the City of Meridian that may
require some written commitment for all future uses. Due to the homo2:enous nature of only
residential uses. the submission of a development proposal (PP-06N010). and the compliance
with Meridian Citv Unified Development Code. staff believes that a Development A2:feement
is not necessary to ensure that this propertv is developed in a fashion that is consistent with the
comprehensive plan designation and docs not negatively impact nearby properties. If the
Commission or Council feels a deyelopment agreement is necessary staff recommends a clear
outline of the commitments of the developer being required.
2. PRELIMINARY PLAT SPECIAL CONSIDERATIONS
2.1 Public Streets and Access:
(Connectivity)
The stub street from Black Cat Road shall provide cormection to the site as well as for future
cormections east of the site. The access to Black Cat Road is anticipated as the only access
point for all four of the RUT parcels which currently take access from Quarterhorse Lane.
No direct access is allowed to Black Cat Road is approved outside of the point of cormection
permitted by ACHD.
2.2. Landscapin2:: Staff is generally supportive of the landscaping design with the following
considerations:
The 25 feet of right -of-way landscaping on Black Cat Road shall be maintained by the Home
Owners Association.
The landscape plan shall show trees in the parkways compliant with UDC ll-3B-7
Quarterhorse Subdivision
AZ-Oti-O 16IPP -06-01 ON AR -06-008
PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 06/22/06
Prior to final plat the applicant shall submit a landscape plan depicting any changes to the
landscape plan as detailed by this report.
2.3 Tree Mitillation: 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 are removed. The applicant should coordinate a tree protection/mitigation
plan with Elroy Huff at the Meridian Parks Department.
2.4. Ditches. Laterals. and Canals: All irrigation ditchcs, laterals or canals, exclusive of
natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being
subdivided shall be tiled. Nampa Meridian Irrigation District has requested a Land Use
Change Application be flied with the district.
2.5 Pressure Irril2.ation: The City uf Meriuian rt:quirt:s that pressurizeu irrigatiun systems be
supplied by a year-round source of water. 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 lmc 11-~R-tl. See Site Rxhihit R helow.
2.6. Fencinl!: The applicant is not showing a fencing plan. A detailed fencing plan should be
submitted upon application of the final plat. Additional standards for fencing and details of
fencing material shall be submitted at the time of the final plat. If permanent fencing is not
provided, temporary construction fencing to contain debris must be installed around the
perimeter prior to issuance of a building permit. All fences should taper down to 3 feet
maximum within 20 feet of all right-of-way. All fencing should be installed in accordance
with City Code in effect at the time the permit is issued. The applicant shall comply with all
fencing standards as listed in UDC II. 3A -7.
2.7 Unimoroved Ril!ht-of-Wav: Meridian City Code requires a 10-foot wide gravel shoulder
abutting right-of-way where the unimproved portion of the right-of-way is greater than 13
feet (measured from the edge of pavement to the edge of sidewalk or property line), and road
widening is not in the ACHD Five Year Work Program. The remainder of the unimproved
right-of-way should be landscaped with lawn or other vegetative groundcover. Black Cat
Road is shown as 23' from edge of pavement to the required landscape buffer. The applicant
shall construct a 10' gravel shoulder with the remaining portion of the future right-of-way
lots being landscaped with lawn or other vegetative groundcover, However Black Cat has
currently been widened in this area, if the new edge of pavement is within 13' of the
landscape lot then the applicant shall not be required to provide the gravel shoulder.
2.8 Amenities: UDC ll-3G.3 is the qualified site amenity requirement. Amenities are to be
provided as part of each plat based on number of acres per site. The applicant is not
proposing amenities for this site due to the small size of the development.
2.9 Common Ooen Soace: The applicant is required to provide a minimum of five percent
qualified open space. UDC ll-3G-3 A and B. The applicant is showing:
Public Open Space Area:
Quarterhorse Subdivision
AZ-06-0 1 6/PP.06-01ON AR-06-008
PAGE 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 06/22/06
Lot ~ ~ Block 1 as 3,423 sq/ft
Roadway Buffers:
Quarterhorse Lane - +,600 2.193 sq/ft
Morganhorse Court (parkway) - ~ 6.516 sq/ft
The total open space qualified is 12.132 sq/ft qualified open space or ~ 5.51 % open space.
2.10 Variance to cuI-de. sac length: The applicant has submitted a Variance application for
extending the cul.de-sac length on W. Morganhorse Court from the required UDC-11-6C-B-4
length of 450 feet to 545 feet. The applicant is proposing thc length to achieve consistent lot
configurations and meet the open space requirement. Providing a cul-de-sac allows the
Common Lot 5 to remain with emergency access, rather than eliminating it to provide a
second connection to W. Quarterhorse Lane or take access to Black Cat Road/W. Pine Street,
both classified roadways. See Section below
3. VARIANCE: The applicant has requested a variance for extending the length of the cul-de-
sac on W. Morganhorse Court to 545 feet. The required cul-de-sac length in the Meridian
City Unified Development Code is 450 feet. A cul-de-sac allows the applicant to meet the
required R-4 standard of 8,000 square feet minimum lot size and also meet the required 5%
open space. The subdivision will not take direct access from W. Pine St. or Black Cat Road.
Due to the close proximity of the Black Cat/W. Pine St. intersection, staff does not believe
that having Morganhorse Court inter!';eet Rlack Cat Road or W. Pine Street (arterial streets) is
a realistic option for this property. The applicant has agreed to post W. Morganhorse Court as
not a through street. Please see the variance findings in Exhibit D below.
b. Staff Recommendation: Staff recommends approval of AZ.06-0l6, PP-06-01O, and V AR.06-
008 V AR-05-024 for Quarterhorse Subdivision as presented in the staff report for the hearing
date of June 22, 2006 based on the Findings of Fact as listed in Exhibit D and subject to the
conditions of approval as listed in Exhibit B as attached to this report. Staff has prepared findings
consistent with this recommendation. On April 20. 2006 the Planninl! &Zoninu: Commission
voted to recommend aooroval of the subject develooment with the modified conditions
listed in Exhibit B. On .June 22. 2006 the Citv Council ann roved the subiect annlications.
11. EXHmITS
A. Drawings
I. Preliminary Plat (dated: Ma-y 22 Revised .Tune 16 2006)
2. Landscape Plan (dated: June 14,2006)
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
Quartcrhorse Subdivision
AZ-06-016/PP-06-0101V AR-06-008
PAGE 10
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 06/22/06
C. Legal Description
D. Required Findings from Zoning Ordinance
Quarterhorse Subdivision
AZ-06-0 16/PP-06-0 1 ON AR-06-008
PAGE II
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT fOR THE HEARING DATE Of 06/22/06
A. Drawings
1. Preliminary Plat (dated: Revised June 16,2006)
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2. Landscape Plan (dated: June 14,2006)
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CITY U1' MhRIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 06/22/06
B. Conditions of Approval
1. Planning Department
1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT
1.1.1 The preliminary plat labeled dated }Iovemher 9, 2995 May 11 Revised .June 16. 2006 prepared
by Lochsa Engineering, is approved, with the required amendments and conditions listed herein.
All comments/conditions of the accompanying Annexation/Zoning (AZ-06-016) shall also be
considered conditions of the Preliminary Plat (PP-06-0 1 0).
1.1.2 The applicant shall construct a 25-foot landscape buffer along Black Cat Road and a 20-foot
landscape buffer on Pine Avenue, the sidewalks within these buffers shall be placed as to line up
with existing buffers in neighboring subdivisions.
1.1.3 The applicant shall comply with the requirements of no direct lot access for any lots adjacent to
Black Cat Road or Pine Avenue as required by ACHD. A note shall be placed on the final plat
restricting access to Black Cat Road and Pine Avenue.
1.1.4 A landscape plan shall be submitted prior to final plat showing the landscaping in relation to any
changes required by this report. The landscape plan shall be modified to reflect the conditions
contained in this report and the revised preliminary plat and shall be submitted with the final plat
application.
1.1.5 A detailed fencing plan in accordance to UDC 11-3A-7 shall be submitted with the final plat.
1.1.6 The submitted landscape plan prepared by Bailey Engineering, dated February 14, 2006 IS
approved. The following should be included in the final landscape plan:
. A 11 parkway landscaping shall be consistent with UDC 11-3B-7
. The applicant shall certify that one tree per 8,000 square feet of lawn has been provided.
. Provide parkway trees on the internal streets as proposed. All parkway trees shall be Class II
trees.
. A written certificate of completion shall be prepared by the landscape architect, designer, or
qualified nurseryman responsible for the landscape plan and submitted prior to City Council
signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B-
14.
Other than the changes listed above, the approved landscape plan is not to be altered without prior
written approval of the Planning Department.
1.1.7 All road drainage shall be contained on site in the drainage swales/areas as depicted.
1.1.8 Maintenance of all common areas shall be the responsibility of the Quarterhorse Subdivision
Homeowners' Association.
1.1.9 The planter strip between the curb and the near edge of the sidewalk along all the internal streets
with four-foot wide detached sidewalks shall be a minimum of eight-feet wide and include Class
Exhibit B Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE or 06/22/06
II trees. The applicant shall coordinate tree placement along W. Quarterhorse Lane with the
Meridian Parks Arborist.
1.1.10 The applicant shall modify the preliminary plat by rotatinl! the proposal east and west so
that the cui-de sac shall be to the west and access from W. Ouartcrhorse Lane to W.
Morl!anhorse Court shall be to the east.
1.1.11 The applicant shall post W. Morl!anhorse Court as not a throul!h street.
1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT
1.2.1 Sidewalks shall bc installed within the subdivision and on the perimeter of the subdivision
pursuant to UDC 11-3A-17.
1.2.2 All areas approved as open spacc shall be free of wet ponds or other such nuisances. All
stormwater detention facilities incorporated into the approved open space are subject to UDC 11-
3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated
surface materials shall not be used in open space lots, except as permitted under UDC 11-3B.
Where the applicant has submitted a preliminary landscape plan and where staff has reviewed
such plan, Lhtl lam.l:Sl,;aping shall be consistent with the preliminary plan with modifications as
proposed by staff. If the stormwater detention facility carmot be incorporated into the approved
open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the
facility. This may require losing a developable lot or developable area. It is the responsibility of
the developer to comply with ACHD, City of Meridian and all other regulatory requirements at
the time of final construction.
1.2.3 The applicant shall submit a detailed fencing plan with the final plat application for the
subdivision. If permanent fencing is not provided, temporary cun:sLrul,;LiuIl fencing to contain
debris must be installed around the perimeter prior to issuance of a building permit. All fencing
should be installed in accordance with City Code.
1.2.4 Any tree over 4" in caliper that is removed from the property shall be replaced by installing
additional trees, being the equivalent number of caliper inches of trees that were removed.
Required landscaping trees will not be considered as replacement trees for those trees that have to
be mitigated.
1.2.5 All 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,
unless otherwise approved by Settlers Irrigation District. Plans will need to be approved by the
appropriate irrigation/drainage district, or lateral users association (ditch owners), with written
approval or nonMapproval 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.
1.2.6 Staffs failure to cite specific ordinance provisions or terms of the approved armexation/plat does
not relieve the applicant of responsibility for compliance.
1.2.7 Preliminary plat approval shall be subject to the expiration provisions set forth in ODC 11 ~6B.
2. Public Works Department
2.1 Sanitary sewer service to this development is being proposed via extension of mains in N. Black
Cat Road. The applicant shall install mains to and through this project, coordinate main size and
Exhibit B Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFI' REPORT I'OR THE HEARING DATE 01' 06/22/06
routing with the Public Works Department, and execute standard forms of easements for any
mains that are required to provide service. Minimum cover over sewer mains is three feet, if
cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in
conformance of City of Meridian Public Works Departments Standard Specifications.
2.2 Conceptual sewer protiles show a change of grade in a main line without a manhole, this shall not
be allowed.
2.3 Minimum grade on dead end runs shall be 0.6%.
2.4 Water service to this site is being proposed via extension of mains in N. Black Cat Subdivision.
The applicant shall be responsible to install water mains to and through this development,
coordinate main size and routing with Public Works.
2.5 If any of the existing houses are to remain then the applicant shall be responsible for the payment
of assessments and the actual physical hook~up for that house to the municipal services.
2.6 The applicant shall submit concurrently with final plat application, a detailed groundwater report.
If groundwater is as shallow as intimated by the letter from GeoTek, a grading and drainage plan
may be required.
2.7 Any potential reimbursement agreements must comply with all requirements of City Code 9~1-13
and 9-4-19, which includes the prcliminary agreement (which includes footage, size, and depth of
reimbursable pipe) being fmalized prior to construction plan approval. The detailed agreement
with the reimbursable amount shall be approved by Council prior to plat signature.
2.8 The applicant has indicated Nampa and Meridian Irrigation District will own and operate the
pressure irrigation system in this proposed development. Therefore, a letter of plan approval
shall be required prior to scheduling of a pre.construction meeting.
2.9 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 thl;: 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.
2.10 All existing structures spanning lot lines or not meeting setbacks shall be removed prior to
signature on the final plat by the City Engineer.
2.11 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.
2.12 Additional width to the public utilities, drainage and irrigation easement along the right~ofway
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 easement past the sidewalk.
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 the Public Works Department.
If lateral users association approval can't be obtained, alternate plans shall be reviewed and
Exhibit B Page 3
CiTY Of MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 06/22/06
approved by the Meridian City Engineer prior to final plat signature.
2.15 Street sign~ l'Ire to he in pll'lce, water system shall be approved and activated, fencing installed,
drainage lots constructed, road base approved by the Ada County Highway District and the Final
Plat for this subdivision shall be recorded, prior to applying for building permits.
2.16 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the fmal plat.
2.17 All development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.18 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 [mal plat
per Resolution 02-374.
2.19 It shall be the responsibility of the applicant to ensure that all development features comply with
thc Americans with Disabilities Act and the Fair Housing Act.
2.20 Applicant shall be responsible for application and compliance with and NPDES Pennitting that
may be required by the Environmental Protection Agency.
2.21 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.22 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.23 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.
2.24 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least I-foot above.
2.25 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by
the;: Public Works Department. All streetlights shall be installed at subdivider's expense. Typical
locations are at street intersections and/or fire hydrants. Final design locations and quantity are
detennined after power designs are completed by Idaho Power Company. The street light
contractor shall obtain design and pennit from the Public Works Department prior to
commencing installations.
3. Fire Department
3.1 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.
3.2 One and two family dwellings will require a fITe-flow of 1,000 gallons per minute availahle 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.
3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 Yz" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fITe hydrants shall have the curb painted red 10' to each side of the
hydrant location.
Exhibit B Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 06/22/06
e. Fire Hydrants shall be placed on comers when spacing pennits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
g. Fire hydrants shall be place 18" above finish grade.
h. Fire hydrants shall be provided to meet the requirements ofthe lFe Section 509.5.
3.4 Entrance and internal roads shall have a twning radius of 28' inside and 48' outside radius.
3.5 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.
3.6 The roadways shall be built to Ada County Highway Standards cross section requirements and shall
have a clear driving ~urface, 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.
3.7 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured
by an approved route around the exterior of the facility or building, on-site fire hydrants and mains
shall be provided where required by the code official. For buildings equipped throughout with an
approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the
distance requirement shall be 600 feet (183).
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 600 feet (183 m).
4. Police Department
4.1 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 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape
Ordinance (UDC 11-3B-1O) will be followed.
5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in
the City of Meridian Landscape Ordinance (UDC 11-3B-1O) will be followed.
6. Sanitary Service Company
6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit
stamped (approved) plans with your certificate of zoning compliance application.
7. Ada County Highway District
Site Specific Conditions of Approval
7.1 Construct the Quarterhorse Lane as a 36-foot street section within 50-feet of right-of-way. A
minimum of 24-feet of pavement should he constructed with this aoolication. with full
improvements on the north side. 50-feet of right-of-way should be dedicated with this
application.
7.2 Construct a temporary turnaround at the stub of Ouarterhorse Lane: or relocate the
intersection of Ouarterhorse Lane to within ISO-feet of the ed2e of oavement (east property
line) for the stub to the east.
Exhibit B Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 06/22/06
7.3 CeRstmet Rlaek Cat ReRa to 01'1@ half 0f a 72 f00t street seetioR witmR 96 feet of rigRt Elf way.
23 f-eet of right of way should be deeieatea \vith this apfllieatioR (as proposed). Construct a 5-
foot wide detached sidewalk within the ri!!ht-of-wav alon!! Black Cat Road to be no closer
than 41-feet from center line.
7.4 Dedicate 48-feet of ri!!ht-of-wav from the centerline of Black Cat Road abuttine: the parcel
bv means of a warranty deed. The rie:ht-of-wav purchase and sale ae:reement and deed must
be completed and sie:ned bv the applicant prior to schedulin!! the final plat for si!!nature bv
the ACHD Commission or prior to issuance of a buildine: permit (or other reouired
permits). whichever occurs first. Allow up to 30 business days to process the rieht-of-wav
dedication after receipt of all reouested material. The owner will be paid the fair market
value of the rie:ht-of-wav dedicated which is an addition to existine: ACHD rie:ht-of-wav if
the owner submits a letter of application to the impact fee administrator prior to breakine:
e:round. in accordance with the ACHD Ordinance in effect at that time (currentlv
Ordinance #200). if funds are available.
7.5 Construct Pine Avenue to one half of a 36-foot street section (residential collector) within 50-feet
of right-of-way with vertical curb. e:utter. and 5-foot attached sidewalk abuttine: the site.lO.
feet of right-of-way should be dedicated with this application.
7.6 Construct Morganhorse Court as a 29-foot street section within 50-feet of rie:ht-of-wav with
vertical cnrb. g:utter. and a 5-foot attached sidewalk. Parking: will be restricted to one side of
the roadway. and fire department approval is reauired.
7.7 Comply with all Standard Conditions of Approval.
Standard Condition,., of Approval
7.8 Any existing irrigation facilities shall be relocated outside of the right-of-way.
7.9 Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of-way.
7.10 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.11 Replace any existing damaged curb, guller and sidewalk and allY that may be damaged during the
construction ofthe proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.12 Comply with the District's Tree Planter Width Interim Policy.
7.11 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
hy the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
7.13 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.
Exhibit B Page 6
CITY or MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 06/22/06
7.14 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.
7.15 Constmction, use and property development shall be in conformance with all applicable
requirements ofthe Ada County Highway District prior to District approval for occupancy.
7.16 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.
7.17 It is the responsibility ofthe 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) an:: compromised during
any phase of construction.
7.18 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
7.19 Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subj ect property unless
a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
Exhibit B Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT l"OR THE HEARING DATE OF 06/22/06
Exhibit C. Legal Description
ELS ENGEBRITSON LAND SURVEYS, INC.
2251 S. Sumac Street, Boise, Idaho 83706
Telephone (208) 859-6032 FaX {2UIl) 383-0892
February 15, 2006
Quartemourse Subdivision
Project No. 251087
5,08 acres or 221.193 8J., more or less
Quarl6rllorse SubdMsion
A tract of land situated within the Northwest % of the Southwest Y.i of S6ctlon 10, TownShip 3 North, Range 1 West,
Boise MerIdian, Ada County, Idaho, described as follows:
Commencing at a found aluminum cap monUlTKHlting the Southwest comer of said Section 10, thence northerly along
the westerly M08 of said Southwest Y.. and the center line of North Black Cat Road North 000-25'-10" East a distance of
2652.87 feet to a found brass cap monumenting the West Y.. comer of said Section 10 and lt1e center line intersection
of said NOf1h Black Cat Road and West Pine Avenue, the POINT OF BEGINNING.:,
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Thence easiel1y along the center line of said West Pine Avenue and the northerly line of said Sou~t Y. of
Section 10. South 890-24'-30" East a distance of 525.10 feet to a found steel pini i
Thence leaving said line South 000-25'-10" West a distance of 420.45 feet to a found steel pin; .
Thence North 89"-34'-50" West a distance of 525.10 feet to a found steel pin on the center Hne of said South Black
Cat Road and the westerty line of said Southwest Y.i;
Thence northerly along said center tine and said westerly line Norlh (l()0.'JS'.10" East a distance of 422.03 feet to
lt1e POINT OF BEGINNING.
The above-<lesaiJed tract of land contains 5.08 acres more or less, subject to all existing easements and rights-of-way,
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Exhibit C Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 06/22/06
EXHIBIT D:
Required Findings from Zoning Ordinance
Annexation Findings: UDC 11-5B-3E
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:
A. The map amendment complies with the applicable provisions of the comprehensive plan;
The applicant is proposing to zone the subject property to R-4 Medium-Low Density Residential
District. Council fmds that the proposed zoning map amendment complies with the applicable
provisions of the Comprehensive Plan. In. Chapter VII of the Comprehensive Plan, 'mediulll
density' is defined as areas including single-family homes at densities of three to eight dwelling
units per acre. Council fmds that the requested residential zoning designation, R-4, is harmonious
with and in accordance with the 2002 Meridian Comprehensive Plan and Future Land Use Map,
which designates the SE comer of at Black Cat Road and Pine Ave to be medium density
residential. The density proposed with the preliminary pIal is consistent with previous Commission
and Council actions and generally conforms to the goals, objectives, and action items contained in
the Comprehensive Plan.
Council finds that the proposed zoning is in general conformance with the comprehensive plan
(please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action
items that apply to this development).
B. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
Concurrent with the annexation and zoning application, the applicant has submitted a preliminary
plat that proposes single~family detached residential products on the subject site. Council does not
anticipate that the applicant plans to rezone the fmhject property in the fuhlre if the accompanying
Preliminary Plat application is approved. Council fmds that the single~family homes would be
allowed (permitted) within the requested R~4 district. The entire site is being proposed as
residential and upon build-out staff would not anticipate changes of usage for this site.
C. The map amendment shall not be materially detrimental to the public health, safety, and
welfare;
The applicant has not submitted elevations for the proposed units which are anticipated to be
designed and constructed to meet similar architecture to the single family detached residences of
the near vicinity. Council believes that the design ofthese single family attached dwelling units will
be compatible with the adjoining uses and transitional in nature to anticipated lower density uses
east of the site in the EI Gato development and the adjacent county parcels to the east, also with
Medium Density Residential Comprehensive Plan designations. Council finds that the proposed
development will change the existing character of the area, which is still largely rural. However, the
proposed development is generally harmonious with the intended character envisioned by the
Comprehensive Plan. Council does not fmd that the proposed zoning/uses will not be detrimental to
the public health, safety, or welfare. Further, staff does not anticipate that the proposed uses will be
hazardous as long as the applicant complies with the conditions contained in Exhibit B and all City
Code provisions. The Commission and Council should rely on any oral or written testimony that
may be provided when determining this fmding.
D. 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
Exhibit E Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 06/22/06
to, school districts; and,
The abutting roadway Rlack Cat Road is in ACHD's Five Year Work Program or CIP (20-year
plan) for road widening and has recently been upgraded Pine Avenue was widened to accommodate
the Castlebrook development. The subject property is generally surrounded by rural residential
acreages. Council does not find that there has been a change in the area that dictates that this
property should be rezoned. However, the Commission and Council rely on staffs analysis, public
testimony received and any comments submitted from any other agencies or departments regarding
whether this property should be annexed.
Other urban services, such as water, are near to this site and the applicant should be able to extend
such services to the site. Council finds that the subject site is proposed for development in a fashion
similar to other properties in the area.
The applicant and/or future property owners will be required to pay park and highway impact fees.
ACHD has submitted a staff report with site specific and standard conditions as attached in Exhibit
B.
On March 31, 2005, a joint agency/department conmlents meeting was held with representativt:s of
key service providers to this property. Based on the joint agency/department meeting and other
comments received from agencies/departments, Council finds that except for sanitary sewer, the
public services listed above can be made available to accommodate the proposed development. The
Commission and Council should reference any written and/or verbal testimony submitted by any
public service provider, regarding their ability to adequately service this project.
Council does not find that there has been a change in the area that dictates that this property should
be rezoned. The COllunissioIl and Council should rely on staff's analysis, public testimony received
and any comments submitted from any other agencies or departments regarding whether this
property should be annexed. Council finds that the proposed zoning amendment will not result in
any adverse impact upon the delivery of services by any political subdivision providing services to
this site.
E. The annexation is in the best of interest of the City (UDC II-5B-3.E).
Due to the residential nature of the general vicinity, the project's conformance to the I Jnified
Development Code, and the applicant's agreement to abide by the conditions of approval contained
in this staff report, Council finds that the annexation and zoning of this property to R-4 would be in
the best interest of the City.
2. Preliminary Plat Findings:
In determining the acceptance of a proposed subdivision, the Commh:don shall consider
the objectives of this Title and at least the following:
A. The plat is in conformance with the Comprehensive Plan;
Please see Annexation Findings Item A above.
B. Public services are available or can be made available and are adequate accommodate the
proposed development;
Please see Annexation Findings Items C and D above
C. The plat is in conformance with scheduled public improvements in accord
Exhibit E Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING [JAIl:: OF 06/22/06
the City's capital improvement program;
Because the developer is installing sewer, water, and utilities for the development at their cost, the
subdivision will not require the expenditure of capital improvement funds.
D. There is public financial capability of supporting services for the proposed development;
Please see Exhibit B for comments and conditions from other agencies and departments.
E. The development will not be detrimental to the public heath, safety or general welfare; and
Council is not aware of any health, safety or general welfare problems associated with the
development of this subdivision. ACHD considers road safety issues in their analysis. The
Commission and COWlcil should reference any public testimony that may be presented to determine
whelher or nut the propused subdivision may cause health, safety or environmental problems of
which staff is unaware.
F. The development preserves significant natural, scenic or historic features.
Council is not aware of any natural, scenic or hifltoric features which require preservation_ The
applicant will be required to improve all waterways on this site.
3. Variance Findings
The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings
listed in Section 11-SB-4E of the UDC to review the variance request. In order to grant a
variance, the Council shall make the following findings:
A. 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 will grant a right or
privilege that is not otherwise allowed in the district. However, there are existing site
constraints which justify a longer cul-de-sac on this site. The subject property is located
on the southeast comer of Pine Avenue and Black Cat Road. The property has minimal
frontage on Black Cat Road and Pine Avenue, both classified roadways. Due to the close
proximity of the Black CatJPine Avenue intersection and the minimal amount of frontage
this site has, Council does not believe that having Morganhorse Court intersect Pine
Avenue or Black Cat Road is a realistic option for this property. The City and ACHD
generally try to limit access points to arterials, especially at major intersections. Council
believes that granting the subject variance is a better option than requiring a public street
connection to the adjacent public street so close to the intersection.
B. The variance relieves an undue hardship because of characteristics of the site;
In this case, Council believes that strict compliance with the City's maximum cul-de-sac
length would effectively hamper the re-development of the subject property for
residential use. It is simply not efficient to meet the City's established standards and
obtain the full development potential of this site without granting the variance. Due to the
dimensions of the subject parcel and the close proximity to the Pine/Black Cat Road
Exhibit E Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 06/22106
intersection, strict compliance would result in an extraordinary hardship to the developer
and hamper the re-development of the subject site.
C. The variance shall not be detrimental to the public health, safety, and welfare.
City Council finds that allowing the cul-de-sac length to be extended would not be
detrimental to the public health, safety, and/or welfare.
Exhibit E Page 4