HomeMy WebLinkAboutBreinholt Subdivision AZ-05-036 PP-05-037
CITY OF MEJUDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of Annexation and Zoning of 3.57 Acres from Rl (Ada County) to R-8
(Medium Density Residential) AND Preliminary Plat Approval of Twenty-two (22) single
family residential lots and Three (3) Common/Other Lots for Brienholt Subdivision, by
Richard and Susan Breinholt.
Case No(s). AZ-05-036, and PP-05-037
FOl' the City Council Hearing Date of: October 4, 2005
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code g67-
6509.
The matter was duly considered by the City Council at the October 4, 2005, public
hearing(s). The applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian were
given full opportunity to express comments and submit evidence.
b. Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
c. The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject matter to the City Council.
d. The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code g67-6509, 6512, and Meridian City Code 9S 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff repOli.
3. Application and Propeliy Facts
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ.OS-B% / PP-05.fB7 PAGE I of 4
O~l 03/P
a. In addition to the application and property facts noted in the staffrepOli and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
verified that the property owner( s) of record at the time of issuance of these
findings is Richard and Susan Breinholt.
4. Required Findings per Zoning and Subdivision Ordinance
a. See attached staff report for findings related to all applications.
B. Conclusions of Law
1. The City of Meridian shall exercise the powers confen-ed upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. S67-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, 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 11-17-9.
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 and Zoning Depmiment, the Public Works Depmiment and
any affected party requesting notice.
7. That this approval is subject to the Legal Descriptions, the Preliminary Plat dated July
20, 2005, the Annexation and Zoning Comments, and the Preliminary Plat Site Specific
and Standard Conditions of approval, all contained in the attached staff report. 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 S 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO{S). AZ-OS-e3ti / PP-OS-637 PAGE 2 of 4
0:'1 034
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary
Plat dated July 20, 2005 is hereby conditionally approved;
2. The Site Specific and Standard Conditions contained in the attached staff report
D. Notice of Applicable Time Limits
1. Notice of Eighteen (18) Month Conditional Use Pennit Duration
Please take notice that the conditional use pennit shall be valid for a maximum peliod
of eighteen (18) months unless otherwise approved by the council. During this time,
the pennit holder must commence the use as pelmitted in accordance with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
acquire building penllits and commence construction of penllanent footings or
structures on or in the ground. In this context "structures" shall include sewer and
water lines, streets or building construction. The applicant has specified in the
application and to the commission and council a construction schedule and completion
date for the project. If the completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may
submit an application for a time extension on the project for city council review. The
application for time extension shall be submitted at least thiliy (30) days prior to the
deadline for completion of the project. For projects requiring platting, the final plat
must be recorded within this eighteen (18) month period. For projects with multiple
phases, the eighteen (18) month deadline shall apply to the first phase. In the event that
the development is made in successive contiguous segments or multiple phases, such
phases shall be constructed within successive intervals of one year from the original
date of approval by the council. If the successive phases are not submitted within one
year intervals, the conditional approval of the future phases shall be null and void.
(MCC 11-17-4.8.)
2. Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that after the date of approval of the preliminary plat, the owner or
developer shall have one year within which to file the request for approval of the final
plat. After approval of final plat, the owner or developer shall have one year to begin
construction of the public utilities and one year thereafter to complete construction of
those public facilities. (MCC 12-2-4.B & C.)
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
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
conceming 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 goveming 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 denial of
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-ffilJ/ PP-OS-e37 PAGE 3 of 4
051 03~
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. Exhibits: See attached Staff Report
By action of the City Council at its regular meeting held on the
CcIP60--/ ,2005.
4--11:::.-
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED~
VOTED ,/1 0<X(;VL +
COUNCIL MEMBER CHRISTINE DONNELL
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED~
VOTED+-
COUNCIL MEMBER KEITH BIRD
MA YOR TAMMY de WEERD
(TIE BREAKER)
VOTED -
Attest:
By: ShaJ1rY1~~
City Clerk's Office
Dated;
10 -if-05
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO{S). AZ.OS-e3ti / PP-05-637 PAGE 4 of 4
o~n OCip
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
ST AFF REPORT
City Council Hearing
Hearing Date: October 4, 2005
Planning & Zoning Commission
Joseph Guenther, Associate City Planner
Breinholt Subdivision
TO:
FROM:
SUBJECT:
e PP-05-036
Preliminary plat proposal including 22 single family residential lots and 4
other/common
49 AZ-05-037
Annexation and zoning of 3.57 acres from RUT (Ada County) to
R-8 (Medium Density Residential)
-> l
ITY OF fVIERIDIAr\j
1. SUMMARY DESCRIPTION OF APPLICANT~S REQUEST
The applicant, J. Reese Leavitt of Leavitt & Associates, has applied for Annexation and Zoning (AZ) and
Preliminary Plat CPP) approval of 22 building lots and 3 common/other lots on 3.57 acres. The site is
located on the east side of Meridian Road approximately one-half of a mile north of Fairview Avenue.
This site is currently rural residential with one single family residential building and accessory buildings.
The site has not been previously platted.
c.: L~-. E F~ 1-<
2. SUMMARY RECOMMENDATION
The subject property is within the Urban Service Planning Area. The subject applications (AZ and PP)
were submitted to the Planning & Zoning Department for concurrent review. Staff has provided a
detailed analysis and recommended conditions of approval for the requested annexation and zoning,
preliminary plat, and variance applications below. Staff recommended approval of the proposal dated
July 11, 2005, amended July 20, 2005 for Breinholt Subdivision submitted as AZ-05-037 and PP-05-036
with the conditions of approval as outlined in this report. The Planning Commission held a public
hearing on September 1, 2005. At the public hearing they moved to recommend approval.
a. Summary of Public Hearing:
1. In favor: Reese Leavitt, Leavitt Engineering, Richard Breinholt
n. In opposition: none
iii. Commenting: Ed Sweet, 2640 NOlth Meridian Road
iv. Staff presenting application: Joe Guenther
v. Other staff commenting on application: Anna Canning
b. Key Issues of Discussion by Commission:
1. Design of the street layout due to ACHD concerns on Voyager Street
ii. Pathway/open space lots in South Slough
iii. Continuance of flood ilTigation to Mr. Sweets property north of the site
c. Key Commission Changes to Staff Recommendation:
1. - None.
d. Outstanding Issue(s) for City Council:
i. - None.
3. APPLICATION AND PROPERTY FACTS
a. Site AddresslLocation;
2580 N Meridian Road / east side of Meridian Road, 2500 feet north of Fairview Avenue.
Brcinholt Subdivision
AZ.05-037/PP-05-036
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (20S) 884-5533
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b. Owner:
Richard and Susan Brienholt
1976 Star Lane
Meridian, Idaho 83642
c. Applicant:
J. Reese Leavitt
Leavitt & Associates, rnc
1324 1 st Street south
Nampa, Idaho, 83651
d. Representative: J. Reese Leavitt, Leavitt & Associates Inc.
e. Present Zoning: COUNTY RUT
f. Present Comprehensive Plan Designation: Medium Density Residential
g. Description of Applicant's Request: Twenty-two building lots in a pseudo-infill situation
where Fothergill Pointe Subdivision Number 1 is east of the site, Fothergill Pointe Subdivision Number I
is south of the site and Highgate Subdivision is north of the site and across the South Slough. The
applicant's request is consistent with the road layout and access restrictions of Meridian Road and the
South Slough east and north of the site.
h. Date of preliminary plat (attached as Exhibit AI): July 20, 2005 (amended)
i. Applicant's Statement/Justification: J. Reese Leavitt, Leavitt & Associates Inc. has submitted a
Letter of Intent with the application, dated July 12 for the AZ and PP. The applicant states that the
request is consistent with the Comprehensive Plan and will benefit the public interest by providing a
diverse housing type.
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 II Chapter 16, a public
hearing is required before the City Council on this matter.
b. The subject application will in fact constitute a preliminary plat as determined by City
Ordinance. By reason of the provisions of the Meridian City Code Title 12 Chapter 3, a public hearing is
required before the City Council on this matter.
c. Newspaper notifications published on: August 15th and August 20th 2005 (for P & Z
Commission meeting) and September Ith and 261\ 2005 for City Council.
d. Radius notices mailed to properties within 300 feet on: August 5, 2005 (for P&Z
Commission meeting) and September 9, 2005 for City Council.
e. Applicant posted notice on site by: August 19. 2005 (for P&Z Commission meeting) and
September 24. 2005 for City Council.
5. LAND USE
a. Existing Land Use(s): Single Family Residential- Agricultural
b, Description of Character of Surrounding Area: Transitional Agriculture to Single-Family
Breinholt Subdivision
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
Residential
c. Adjacent Land Use and Zoning
I. North: Highgate Subdivision R-8, Unincorporated ADA County RUT
2. East: Fothergill Pointe Subdivision t, R-8
3. South: Fothergill Pointe Subdivision I, R-8
4. West: South Slough, Waterbury Park Sub R-8
d. History of Previous Actions: N/ A
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: Richter A ve
Location of water: Richter Ave
Issues or concerns: none identified
2. Vegetation: Agricultural and riparian
3. Flood plain: South Slough
4. CanalslDitches Irrigation: South Slough
5. Hazards: South Slough
6. Proposed Zoning: R-8
7. Size of Property: 3.57 acres
8. Description of Use: Single Family Residential
f. Subdivision Plat Information
I. Residential Lots: 22
2. Non-residential Lots: N/A
3. Total Building Lots: 25
4. Common Lots: 3 lots at 14,290 square feet
5. Other Lots: Existing residence and out buildings to be removed
6. Total Lots: 25
7. Open Lots: N/ A
8. Residential Area: 5.61 acres
9. Gross Density: 6.17 units per acre
g. Landscaping
1. Width of street buffer(s): 25 feet on Meridian Road required (minor arterial); applicant
has shown 25 feet on Preliminary Plat.
2. Width of multi-use pathway lots: the applicant has incorporated the 25 feet required
street buffer with the required 15 feet multiuse pathway lot along the south side of the
South Slough, as shown by proposed lot 20 Block I
3. Percentage of site as open space (14290 square feet): 5% is required, 9.2% was
Breinholt Subdivision
AZ-05-037/PP-05-036
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
provided in Common Lot 20, Block 1. Common lots 1 of Block 3 and Block 4. Street buffers of Lot 21
Block I were not included in this calculation.
h. Proposed and Required Residential Standards- No modifications to the R-8 bulk standards are
being requested.
Setbacks Proposed Required
a ttac hed/ detached attached/detached
Front 20 20
Street side 20/15 20/15
Side 0/5 0/5
Rear 15 15
Frontage 40/65 40/65
Lot Size 4001/6514 min sq. feet 4000/6500
PLEASE NOTE: The applicant has not submitted a Planned Development
application; therefore all setbacks and dimensional standards are to be per the R-8
zone.
j. Summary of Proposed Streets and/or Access (private, public, common drive, etc.):
A connection to Meridian Road has not been recornmended by ACHD (see ACHD Staff Report) and the
internal streets will be public. The applicant has connected to thefirst three stub streets located at the
south portion of the property for internal circulation and is proposing tlm/-street connection for the
eastern most stub street for the undeveloped property north of the site which will be developed in the
future.
For a detailed report on the public streets and access points to public streets, please the attached
Staff has included all ACHD comments and recommended actions as Conditions of Approval in the
attached Exhibit B.
6. AGENCY COMMENTS MEETING On August 12, 2005 staff held an agency comments
meeting. Staff has included all comments and recommended actions as Conditions of Approval from the
meeting attached as Exhibit B.
7. COMPREHENSIVE PLAN POLICIES AND GOALS
The following Comprehensive Plan policies support this proposal:
. 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 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.
Breinholt Subdivision
AZ.OS .03 7 fPP-05-036
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT ST AFP REPORT. QUESTIONS? CALL (208) 884-5533
. The subject lands currently lie within the jurisdiction of the Ada County
Sher{ff'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 and
Zoning Department, Meridian Utility Billing Services, and Sanitary Services
Company.
. Protect existing residential properties from incompatible land use development on
adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1)
All of the properties adjacent to the subject site are designated for medium 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 oppOltunities
(Chapter VII, Goal IV, Objective C, Action 10)
The subject property is designated Medium-Density Residential on the Future Land
Use Map which identifies this area as an appropriate area for medium-density
residential development. This proposal meets the Comprehensive Plan definition of
medium-density, with a gross density of 6.17 dwelling units per acre.
. Require street connections between subdivisions at regular intervals to enhance
connectivity and better traffic flow (Chapter VI, Goal II, Objective A, Action 6)
The street connections provided from Fothergill Pointe Subdivision have been
connected as planned (see ACHD report for details). This subdivision is one of the
last injill development in the near vicinity and will not be required to stub to adjacent
properties as there is no further development expected at the boundaries of this
development.
It Preserve, protect, enhance, and utilize our natural resources in Meridian and
surrounding areas. Preserve and conserve our waterways, wetlands, wildlife habitat,
and other natural resources. (Chapter V, Goal I, Objective A)
Breinholt Subdivision
AZ-05-037/PP-05.036
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
There are no distinguishable natural features at this location. Stc!fffee1s the open
fencing and maintenance free of noxious materials will enhance the surrounding
area. Wetlands, and alternate natural resources are absent from this site and the
subject property has designed the common/open space around preserving some open
spacefor drainage management, riparian revitalization on the South Slough, and
incorporation of the multi-use pathway.
. Develop policies and incentives to encourage infill and contiguous development.
(Chapter V Goal I Objective A Action 8)
The applicant has requested a slightly higher density relative to the immediate
vicinity. The applicant has continued the plans for development and the proposal
meets the agencies expectations with preservation of the waterway and connections to
existing stub streets.
. Offer a diversity of housing types for a greater range of choice. Encourage quality
housing project for all economic levels in a variety of areas. (Chapter VII Goal V
Objective A)
The anticipated products for the site will be singlefamity residences available to
individual buyers who are seeking a medium-small lot closer to the urban center.
. Support infill of random vacant lots in substantially developed, single-family areas at
densities similar to surrounding development. Increased densities on random vacant
lots should be considered if: Development of uses other than single-family structures
are compatible with surrounding development as it complies with the current
comprehensive plan. (Chapter VII Goal V Objective A Action 10)
The proposed density, size of lots and unique roadway design will allow for a denser
proposal with standard sized lots, not requiring special circumstances.
. Apply design and performance standards to infilling development in order to reduce
adverse impacts upon existing adjacent development. (Chapter VII Goal V Objective
A Action 11)
Staff does not foresee negative impact on surrounding development outside of the
construction phase. The site has an existing residence which will be removed and the
size, number, and quality of the houses is similar in nature to the surrounding
developments that the proposal should be indistinguishable upon build out. Attached
products were utilized in the development of Highgate Subdivision along Meridian
Road immediately north of the site.
Staff finds that the proposed R-8 zoning designation IS harmonious with and In
accordance with the Comprehensive Plan.
8. ZONING ORDINANCE
a. Zoning Schedule of Use Control: Meridian City Code 11-2-1 lists single family residential
dwellings as permitted use in the R-8 zoning district.
b. Purpose Statement of Zone:
R-8 Medium Density Residential District: The purpose of the R-8 district is to permit
Breinholt Subdivision
AZ-05-037/PP-05-036
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (20S) 884-5533
the establishment of single- and two-family dwellings at a density not exceeding eight
(8) Dwelling units per acre. This district delineates those areas where such development
has or is likely to occur in accord with the comprehensive plan of the city and is also
designed to permit the conversion of large homes into two-family dwellings in well.
established neighborhoods of comparable land use. Connection to the municipal water
and sewer systems of the city is required.
9. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
]. 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
Ordinance, staff believes that this is a good location for the proposed townhouse residential
products. Please see Exhibit D for detailed analysis of facts and findings.
1. The annexation legal description submitted with the application (stamped on July 12,
2005 by Craig R. McCullough, PLS) shows the property as contiguous to the existing
corporate boundary of the City of Meridian.
2. Any future subdivision, uses and construction on this property shall comply with the City
of Meridian ordinances in effect at the time.
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.
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.
2. PRELIMINARY PLAT SPECIAL CONSIDERATIONS
1. Public Streets and Access:
Connectivity (Fotheq:dll Pointe Subdivisions):
The stub streets from Fothergill Pointe Subdivision shaH connect from N. Richter, N.
Voyager, and N. Tuscan Avenues. These streets will connect across the proposed Breinholt
Subdivision and provide interconnectivity to each lot. The subdivision is constrained by
previous development in the area and is bound by ACHD policies of interconnectivity. No
direct access to Meridian is approved with this subdivision. .
N. Larchmont Avenue has been stubbed to the north for future access for the parcel north of
the site to take access upon redevelopment. Currently the existing home accesses Meridian
Road at the location of the future multiuse pathway and will be required to be fenced and
marked as to not allow vehicular access. The existing access/gravel driveway shall be
removed with ACHD requirements of no direct Lot access to Meridian Road, as stated on the
plat and reconfigured for pedestrian activity consistent with a multiuse pathway.
Breinholl Subdivision
AZ-05-037/PP-05-036
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT, QUESTIONS? CALL (208) 884.5533
2. Landscaping: Staff is generally supportive of the absence of a landscaping design due to
the size of the parcel, however a landscape plan is required prior to final plat submission with
the significant landscaping required for the multiuse pathway. The landscape plan must be
submitted with the following considerations: Non-combustible open vision 4' fencing is
required on the border of Lot 20 Block 1 and located along Meridian Road for the multiuse
pathway, the pathway and South Slough, and perimeter fencing shall be designed according
to MCC 12-13 and maintained by the home owners association.
3. Tree Mitigation: There are several large trees on this site that the applicant is proposing
to remove or relocate. 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 (MCC 12-13-13-3). The applicant should coordinate a tree
protection/mitigation plan with Elroy Huff at the Meridian Park Department.
4. Ditches. Laterals, and Canals: Per MCC t 2-4-13, all ilTigation ditches, laterals or canals,
exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the
area being subdivided shall be tiled. Staff is unaware of the official status of the South
Slough; it appears to be maintained by Nampa Meridian Irrigation.
5. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be
supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required
to utilize any existing surface or well water for the primary source. If a surface or well source
is not available, a single-point connection to the culinary water system shall be required. If a
single-point connection is utilized, the developer will be responsible for the payment of
assessments for the common areas prior to signature on the final plat by the City Engineer.
An underground, pressurized irrigation system should be installed to all landscape areas per
the approved specifications and in accordance with MCC 12~13~8 and MCC 9-1-28. See Site
Exhibit B below.
6. Fencing: The applicant is proposing to construct a minimum of a six foot tall solid fence
around the perimeter of the site. A detailed fencing plan should be submitted upon
application of the final plat (MCC 12~4-1O.F.3). 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 MCC 12-4-10.
7. Existing Residences/Buildings All buildings shall be removed prior to final plat.
b. Staff Recommendation: Staff recommends approval of AZ-05-037/PP-05-036 for Breinholt
Subdivision as presented in the staff report dated August 24, 2005 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.
10. PROPOSED MOTION
Approve
I move to approve File Numbers (AZ-05-037/PP-05-036) as presented in the staff report and the
plat dated (July 20, 2005) with the following modifications to the conditions of approval: (add any
Breinholt Subdivision
AZ-05-037/PP-05-036
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
proposed modifications)
Deny
1 move to deny File Numbers (AZ-05-037/PP-05-036) for the following reasons: (you must state
specific reasons for denial. They should address how the applicant might re-do the application to gain
your recommendation for approval.)
11. EXHIBITS
A. Drawings--Preliminary Plat (dated: July 11,2005 revised July 20, 2005)
B. Legal Description
C. Conditions of Approval
I. Plann ing Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
D. Required Findings from Zoning Ordinance
Breinholt Subdivision
AZ-05-037/PP-OS-036
PAGE 9
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (20S) 884-5533
A. Drawings
1. Preliminary Plat (dated: 7111/05, amended 7/20105)
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Breinholt Subdivision
Exhibit A
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CITY or MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884.5533
B. Legal Description
LEGAL DESCRIPTION
fOR
BREINHOLT SUBDIVISION
A purceJ of lund Jocated in the Suuthwest 1/4 of the Northwest 114 of Section 6,
rownshlp 3 North, Range 1 East. Boise 1\lcridian. City of Meridian. Ada County. Idaho
and more particularly described as lolluws:
BaSIS <jf Bearing is taken as the \Vcst Ime of s::lid Nortbwest IN of Section 6, TownshIp 3
North. Range I West. Boise Meridian dcrivcd from found monuments and taken as
North orr 16' 31" Eas!.
Commencing at an aluminum eap monument marking the Northwest corner of said
Northwest 1/4, thence along the West line of s(ud Northwest 1I4 South 00016'37" West a
distunce of J 9J 5.78 feet to a 5/8 inch rcbar marking tbe POINT OF BEGfNNfNG~
Tbence leaving said \VCS( [lIle South SlJ043 '23'" Easl a distance of 76.38 feet to a point;
Thence South 88014'26" East a dislance of8l2A7 feet to a point;
Thence Sollth 67019'43" East a distance of 181.65 feet to a poin!:
Thence South 00009'50" \Vest a distance of 72.74 feet 10 a 5/8 inch rcbar;
Thence North 89050'00" West a distance of lO56.67 feet to a 5/8 inch rcbar and from
which an aluminum cap monument marking the Southwest corner of said Northwest 1/4
bears South OO~16'37" West a distance of 577.50 feel:
Thence along said West line North 00016' 37" East a distance of 165.00 feet to the
POINT OF BEGTNNfNG.
Said parcel contains 155,179 square feet nr 3.57 acres more or less and is subject to all
existing easements and rights-o!:ways of record or implied.
END or- DESCRIPTION
Craig R. McCullough I'.L.5. 6901
Timberline Surveying
35 14th Ave. South
Narnpa. Idahu 83651
Brcinholt Subdivision
Exhibit B
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 8S4-5533
C. Conditions of Approval
1. Planning Department
1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT
1.1.1 The preliminary plat labeled as Sheet I prepared by Leavitt & Associates, dated July 20, 2005, is
approved, with the conditions listed herein. All comments/conditions of the accompanying
Annexation/Zoning (AZ-05-037) and Development Agreement shall also be considered
conditions of the Preliminary Plat (PP-05-036).
1.1.2 The applicant has proposed a 25-foot landscape buffer along Meridian Road and a 25 foot
buffer is required by ordinance. The sidewalks within this buffer 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
Meridian Road as required by ACHD.
1.1.4 The applicant shall extend and construct the pathway access located on Lots 20 and 21 of Block I
to the ACHD right of way or as required by the Meridian Parks Department.
1.1.5 Prior to the City Engineer's signature of a final plat all structures not contained on a designated
lot shall be removed as depicted on the preliminary plat.
1.1.6 A landscape plan shall be submitted prior to final plat showing the landscaping in relation to the
changes required by this report.
1.1.7 All road drainage shall be contained on site in the drainage lot as depicted.
1.1.8 Maintenance of all common areas shall be the responsibility of the Breinholt Subdivision
Homeowners' Association.
1.1.9 Other than the public street access approved by ACHD, direct lot access to Meridian Road is
prohibited. A note shall be placed on the final plat restricting access to Meridian Road.
1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT
1.2.] Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuant to MCC 12-13-10-8.
1.2.2 All areas approved as open space shall be free of wet ponds or other such Iluisances. All
stormwater detention facilities incorporated into the approved open space are subject to MCC 12-
13-14 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated
surface materials shall not be used in open space lots, except as permitted under MCC 12-13-
14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed
such plan, the landscaping shall be consistent with the preliminary plan with modifications as
proposed by staff. If the storm water detention facility cannot be incorporated into the approved
open space and still meet the standards of MCC 12-13-14, then the applicant shall relocate the
facility. This may require losing a developable lot or developable area. It is the responsibility of
the developer to comply with ACHD, City of Meridian and all other regulatory requirements at
the time of final construction.
1.2.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant shouLd be required to utilize any existing
surface or well water for the primary source. If a surface or well source is not available, a
single-point connection to the culinary water system shall be required. If a single-point
BreinhoJI Subdivision
Exhibit C
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTiONS? CALL (208) 884-5533
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 MCC 12-13-8 and MCC 9-1-28.
1.2.4 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.
1.2.5 The applicant shall submit a detailed fencing plan with the final plat application for the
subdivision. 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 MCC 12-4-10.
1.2.6 Any tree over 4" in caliper that is removed from the propelty 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.
1.2.7 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 MCC 12-4-13, unless
otherwise approved by Nampa Meridian Irrigation District. Plans will need to be approved by the
appropriate irrigation/drainage district, or lateral users association (ditch owners), with written
approval or non-approval submitted to the Public Works Department. If lateral users association
approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer
prior to final plat signature.
1.2.8 Staff's failure to cite specific ordinance proviSions or terms of the approved
annexationlconditional use does not relieve the applicant of responsibility for compliance.
1.2.9 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4.
2. Public Works Department
2.1 The applicant has indicated that the pressurized Irrigation system is to be an extension of a
Nampa and Meridian Irrigation system to the north. The applicant shall provide evidence of a
license agreement prior to scheduling of a pre-construction meeting.
2.3 There is an existing blow-off in N. Voyager Avenue, the applicant shall be required to connect to
the proposed system in order to facilitate a loop system.
2.4 Any existing domestic well andlor 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 with approval for Idaho Department of Water
Resources.
2.5 Sewer service to this site is being proposed via extension of sewer mains in Fothergill Pointe
Subdivision #1. The applicant shall be responsible to install mains to and through this
development. The applicant shall coordinate sewer main size and routing with the Public Works
department. Cover over sanitary sewer mains shall be no less than 3-feet from finish grade to the
top of the pipe. If cover is less than 3-feet from the sub-grade to the top of the pipe, alternate pipe
materials shaH be used per the Meridian Public Works Department's Standard Specifications.
Breinholt Subdivision
Exhibit C
CITY or MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS'! CALL (208) 884-5533
2.6 Water service to this site is being proposed via extensions of mains located in Fothergill Point
Subdivision #1. The applicant shall be required to install mains to and through this site.
Coordinate main size and routing with the Public Works Department. The applicant shall
execute City of Meridian Standard forms of easement for any mains that are required to provide
serVice.
2.7 The applicant has indicated drainage lots on the preliminary plat but has not indicated how they
will dispose of storm drainage. 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, and roadways. Storm water treatment and disposal shall be designed in
accordance with Depmtment of Environmental Quality 1997 publication Catalog of Storm Water
Best Management Practices for Idaho Cities and Counties and City of Meridian standards and
polices. Off-site disposal into a surface water is prohibited unless the jurisdiction which has
authority over the receiving stream provides written authorization prior to development plan
approval. Additionally, the applicant must prove there are facilities to convey the water to the
receiving stream, and provide written permission to use said facilities. The applicant is
responsible for filing all necessary applications with the Idaho Department of Water Resources
regarding Shallow Injection Wells.
2.8 Any water meters located in a common driveway shall be constructed of upgraded materials per
City of Meridian Standard Specifications, Drawing 7.08 note 3.
2.9 The applicant shall coordinate fire hydrant placement with the City of Meridian Public Works
department during the plan approval process.
2.10 The applicant shall submit a copy of the CC and R's prior to final plat application.
2.11 Street signs are to be in place, water system shall be approved and activated, fencing shall be
installed, drainage lots constructed, and the Final Plat for this subdivision shall be recorded, prior
to applying for building permits.
2.12 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
2.13 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.
2.14 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to signature on the final plat
per Resolution 02-374.
2.15 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12~2-4.
2.16 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.
2.17 Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Protection Agency.
Breinholl Subdivision
Exhibit C
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
2.1 8 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.19 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.20 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.
2.21 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.
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'
apmt. International Fire Code Appendix C
3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Depaltment and
water quality by the Meridian Water Department for bacteria testing.
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 fire hydrants shall have the curb painted red 10' to each side of the
hydrant location.
e. Fire Hydrants shall be placed on corners when spacing permits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
g. Fire hydrants shall be place 18" above finish grade.
h. Fire hydrants shall be provided to meet the requirements of the lFe Section 509.5.
3.4 All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius.
3.5 Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in
accordance with Appendix D Section D103.6 Signs.
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 22-lot subdivision with an estimated 2.9 residents per household would have a total
estimated population of 66 residents at build out.
3.8 The applicant shall work with Planning Department staff to provide an address identification plan
and a sign which meets the requirements of the City of Meridian sign ordinance at the required
intersection(s ).
3.9 The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
Breinholt Subdivision
Exhibit C
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (20&) 884-5533
response by fire and emergency medical service vehicles. This cost of this installation is to be
borne by the developer.
3.10 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
No comments received.
5. P ARKS DEPARTMENT
5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape
Ordinance (MCC 12-13-13-6) will be followed.
5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in
the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed.
5.3 Pathway and Trail standards: The proposed pathway and/or trail shall meet the standards as set
fOlth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3,
sections B & C.
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
No comments received.
Breinholt Subdivision
Exhibit C
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
7. Ada County Highway Distdct
A. Site Specific Conditions of Approval
1. Close the existing curb cut driveway that exists on Meridian Road with standard vertical curb,
gutter and sidewalk to match the surrounding improvements.
2. Extend North Richter Avenue into the site approximately 180-feet east of Meridian Road, as
proposed.
3. Extend North Voyager Avenue into the site approximately 430-feet east of Meridian Road, as
proposed.
4. Extend North Tuscan Avenue into the site approximately 680-feet east of Meridian Road, as
proposed.
5. Extend North Larchmont Avenue into the site approximately 78-feet west of the east property
line, as proposed.
6. Construct a stub street, North Larchmont Avenue, to extend to the north property line
approximately 78-feet west of the east property line, as proposed. Provide a temporary
turnaround at the terminus of the roadway.
7. Construct Breinholt Street as a 29-foot street section with vertical curb, gutter and 5-foot attached
concrete sidewalk within 42-feet of right-of-way, as proposed. Obtain approval from the
Meridian Fire Department for the reduced street section. Parking will be prohibited on one side
of the roadway.
8. Construct NOIth Larchmont Avenue as a 36-foot street section with rolled curb, gutter and 5-foot
attached concrete sidewalk within 50-feet of right-of-way, as proposed.
9. Construct two knuckles without center islands within the subdivision, as proposed.
10. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
Breinholt Subdivision
Exhibit C
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884.5533
5. 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.
6. 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. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction in accordance
with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387 -6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. 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.
11 . 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, mdinances, plans, m
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 subject 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.
Breinholt Subdivision
Exhibit C
CITY Of MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
D. Required Findings fl'om Zoning Ordimmce
1. ANNEXA nON FINDINGS:
According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the
P&Z Commission and Council are required "to review the particular facts and circumstances of each
proposed zoning amendment in terms of the following standards and shall find adequate evidence
answering the following questions about the proposed zoning amendment."
The following is the list of standards found in 11-15- J 1 and analysis by staff:
A. Will the new zoning be harmonious witb and in accordance with the Comprehensive Piau
and, if not, has there been an application for a Comprehensive Plan amendment;
See Comprehensive Plans and Policies as listed in the Breinholt Subdivision staff report item #7
above. City Council supports the zoning and finds the proposal in accordance with the
Comprehensive Plan.
B. Is the area included in the zoning amendment intended to be rezoned in the future;
City Council does not anticipate that the applicant intends to rezone the subject property in the
future.
C. Is the area included in the zoning amendment intended to be developed in the fashion that
would be allowed under the new zoning -for example, a residential area turning into a
commercial area by means of conditional use permits;
City Council finds that single-family residential uses are allowed within the requested zoning
district of R-8. Medium Density Residential permits the establishment of residential uses and is
designed to protect the integrity of residential development by prohibiting the intrusion of
incompatible nonresidential uses. The accompanying plat demonstrates the land will be
developed with lot sizes, housing types and other dimensional requirements that conform to the
proposed zoning designation.
D. Has there been a change in the area or adjacent areas which may dictate that the area
should be rezoned. For example, have the streets been widened, new railroad access been
developed or planned or adjacent area being developed in a fashion similar to the proposed
rezone area;
City Council finds that recent residential developments to the perimeter of the site have been
approved for development similar to the proposed subdivision, with single-family residences.
Currently sewer is available in N. Richter Avenue that stubs into this project from Fothergill
Pointe Subdivision.
Based on the ACHD Long Range 2030 proposal, Meridian Road is anticipated to eventually be a
5-lane roadway abutting this site. However, Meridian Road is not currently included within
ACHD's Five Year Work Program or in the cun'ently adopted 20-year Capital Improvements
Plan for roadway improvements.
Local Stub Streets are ACHD rights-of-way and provides multiple stub connections to the
property. ACHD and the City of Meridian will require the proposed development connect these
roadways as proposed. The design for N. Larchmont Ave within Breinholt Subdivision shall
Breinholt Subdivision
Exhibit D
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
meet the requirements of the turnarounds as approved by the Meridian Fire Department for
approved turnarounds.
E. Will the proposed uses be designed~ constructed, operated and maintained to be
harmonious and appmpriate in appearance with the existing or intended character of the
general vicinity and that such use will not change the essential character of the same area;
City Council finds that the requested zoning and proposed density meets the anticipated range for
a medium density urban project. Based on the Comprehensive Plan, staff believes that the
existing parcels in the area (south and nOlth and east) have already developed with similar
densities, have attached products, and allowances for alternate products and designs are
encouraged. City Council also finds that the proposed zoning/uses can be designed and
constructed in a manner that will be harmonious with, and appropriate in appearance with, the
existing and intended character of the surrounding area.
The proposal meets the standards of MCC 12-13-16 Residential Subdivision Open Space which
states that "common space shall equal or exceed five percent of the gross land area of the
subdivision. The applicant has provided an open space/drainage lot and pathway connection
which meets the requirements for development of five acres or more.
The existing character of the area will not change as this is one of the final infill developments in
the vicinity, where the parcel north of the site is dependent on the sewer connection being
extended. City Council does not find that the proposed zoning/uses will adversely change the
essential character of area. the Commission and Council 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 as proposed.
F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring
uses;
City Council does not anticipate that the proposed residential uses will be hazardous as long as
the conditions outlined in this report are complied with and construction traffic and house
construction is conducted in a manner consistent with City Code.
Direct access shall not be taken from Meridian Road. Access shall be taken through the stub
streets as designed and directed to Fothergill Pointe Subdivision. This will create additional
traffic, especially construction traffic during build-out for residences of Fothergill Pointe which
could be considered disturbing to residents as arterial road must be taken through their
neighborhood.
The Commission and Council rely on any public testimony (oral and written) when determining
whether or not the proposed zoning and subsequent uses will be disturbing or hazardous to the
existing or future neighboring uses.
G. Will the area be served adequately by essential public facilities and services such as
highways, streets, police and fire protection~ drainage structures, refuse disposal, water,
sewer or that the person responsible for the establishment of proposed zoning amendment
shall be able to provide adequately any of such services;
The applicant will be responsible for the extension of all utilities necessary to serve this proposed
development. Sizing and routing shall be coordinated with the Public Works Department.
Breinholt Subdivision
Exhibit D
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAPF REPORT. QUESTIONS? CALL (208) 8&4-5533
The applicant and/or future property owners will be required to pay park and highway impact
fees.
ACHD has submitted a staff report with site specific and standard conditions as attached In
Exhibit B7
On August 12,2005, a joint agency/department comments meeting was held with representatives
of key service providers to this property. Based on the joint agency/department meeting and other
comments received from agencies/departments, City Council finds that the public services listed
above can be made available to accommodate the proposed development. The Commission and
Council reference any written and/or verbal testimony submitted by any public service provider,
regarding their ability to adequately service this project.
H. Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
If approved, the developer will be financing the extension of sewer, water, local street
infrastructure, utilities and irrigation services to serve the project. The primary public costs to
serve the future residents will be fire, police and school facilities and services. City Council finds
there will not be excessive additional requirements at public cost and that the proposed zoning
and subsequent development wi\lnot be detrimental to the community's economic welfare.
1. Will the proposed uses not involve uses, activities, processes, mateloials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of boaffic, noise, smoke, fumes, glare or odors;
City Council finds that the proposed annexation and the development of single-family homes on
this site will not involve uses that will create nuisances that would be detrimental to the general
welfare of the sUlTounding area.
City Council recognizes the fact that traffic and noise will increase with the approval of this
subdivision; however, staff does not believe that the amount generated will be detrimental to the
general welfare of the public. City Council does not anticipate the proposed annexation and
subsequent uses will create excessive traffic, noise, smoke, fumes, glare, or odors.
J. Will the area have vehicular approaches to the property which shall be so designed as not to
create an interference with traffic on surrounding public streets;
The applicant is proposing to construct one public street extension to the property north of the site
from which will connect with Fothergill Pointe Subdivision further north. ACHD is supportive of
the proposed stub street extensions as previously approved. The landscaping plan will be required
to Meridian Road and the multiuse pathway. If the proposal is designed and constructed as
approved by the ACHD and the City, City Council does not believe that the subdivision will
create intelference with traffic on the surrounding public streets.
K. Will not result in the destruction, loss or damage of a natural or scenic feature of major
importance; and
There are some mature trees on this property. Any existing trees larger than 4" caliper that are
removed should be mitigated for, per the Landscape Ordinance. City Council finds that the
Breinholt Subdivision
Exhibit D
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
proposed development will not result in the destruction, loss or damage of any natural feature(s)
of major importance if developed under these conditions. City Council finds that the regular
maintenance of the South Slough is beneficial to the City of Meridian as it is currently not in a
maintained state.
Commission and Council 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.
L. Is the proposed zoning amendment in the best intel'est of the City of Meridian. (Ord. 592,
11~17-1992)?
The R-8 zoning amendment will provide lots that are similar in nature to existing subdivisions in
the near vicinity, attached single family housing products are located in Highgate Subdivision.
City Council finds that all essential services are available or will be provided by the developer to
the subject property and will not require unreasonable expenditure of public funds. The applicant
is proposing to develop the land in general compliance with the City's Comprehensive Plan.
City Council does not recommend lot sizes that would be invasive to the properties adjacent to
the subject propelty but the lot sizes should be similar in nature and allow additional residential
densities and product oPPOltunities for the general vicinity. Subdivisions of medium density have
already been approved for development to the south and this is a logical expansion of the City
limits for an infill project. In accordance with the findings listed above, City Council finds that
annexation and zoning of this propertv would be in the best interest of the City.
PRELIMINARY PLAT ANALYSIS
Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed
subdivision, the Commission and Council shall consider the objectives of this title and at least the
following:
A. The conformance of the subdivision with the Comprehensive Development Plan;
City Council finds that the proposed application is in substantial compliance with the adopted
Comprehensive Plan. The proposed density of 6.17 dwelling units per acre (gross) is in the
recommended dwelling units per acre for the comprehensive designation. City Council supports
the proposed layout as a practical solution to address the constraints of infill development which
has design criteria dictated by previous developments. Please see Annexation and Zoning
Analysis "Item 7 above".
B. The availability of public services to accommodate the proposed development;
City Council finds that public services are available to accommodate the proposed development.
(See finding "Item 7 above" under Annexation and Zoning Analysis for more detail.)
C. The continuity of the proposed development with the capital improvement program;
Because the developer is installing sewer, water, and utilities for the development at their cost,
City Council finds that the subdivision will not require the expenditure of capital improvement
funds.
D. The public financial capability of supporting services for the proposed development;
Breinholt Subdivision
Exhibit D
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
The Commission and Council rely upon comments from the public service providers (i.e., police,
fire, ACHD, etc.) to determine this finding. (See finding "Item 7 above" under Annexation and
Zoning Analysis above, and the Agency Comments and Conditions at the end of this report for
more detail.)
E. The other health, safety or environmental problems that may be brought to the
Commission's attention.
The existing access for the parcel of record will be required to be vacated and the appropriate
access designed to Meridian Road, but shall be maintained as a multiuse pathway for future
extension along the South Slough. The developer shall provide appropriate temporary turn
around or until the adjacent parcel to the north develops. No lots shall directly take frontage or
access from Meridian Road.
City Council is not aware of any health, safety or environmental problems associated with the
development of this subdivision that should be brought to the Council or Commission's attention.
ACHD considers road safety issues in their analysis. Commission and Council reference any
public testimony that may be presented to determine whether or not the proposed subdivision may
cause health, safety or environmental problems of which Council is unaware.
Breinholt Subdivision
Exhibit D