HomeMy WebLinkAboutMilford Creek Subdivision No. 2 AZ-05-047 PP-05-050
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
In the Matter of Annexation and Zoning of 13.56 acres to R-8 (Medium Density
Residential) AND Preliminary Plat Approval for 48 single family lots including, and 7
common/other lots, for Milford Creek No 2 Subdivision, by M&H Development.
Case No(s). AZ-05-047, PP-05-050
For the City Council Hearing Date of: December 6, 2005
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of December 6,2005
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of December 6,2005
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
December 6,2005 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of December 6,2005 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 (LC. ~67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6,2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code ~
11-5A.
CITY OF MERlDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-047fPP-05-050 - PAGE I of 4
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description, Preliminary Plat, and the
Conditions of Approval all in the attached Staff Report for the hearing date of
December 6,2005 incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of
the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code 9 11-5A and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
dated August 3,2005 is hereby conditionally approved; and,
2. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of December 6,2005 incorporated by reference.
D. Notice of Applicable Time Limits
Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final
plat, or short plat shall become null and void if the applicant fails to record a final plat
within two (2) years of the approval of the preliminary plat or one (1) year of the
combined preliminary and final plat or short plat. In the event that the development of
the preliminary plat is made in successive phases in an orderly and reasonable manner,
and conforms substantially to the approved preliminary plat, such segments, if
submitted within successive intervals of eighteen (18) months, may be considered for
final approval without resubmission for preliminary plat approval. Upon written request
and filed by the applicant prior to the termination of the period in accord with ll-6B-
7.A, the Director may authorize a single extension of time to record the final plat not to
exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as
detennined and approved by the City Council may be granted. With all extensions, the
Director or City Council may require the preliminary plat, combined preliminary and
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOeS). AZ-05-047/PP-05-050 - PAGE 2 of4
final plat or ShOli plat to comply with the CUlTent provisions of Meridian City Code
Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use pennit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Attached: Staff Report for the hearing date of December 6,2005
.?)i~tion of the City Council at its regular meeting held on the
rh/~ , 2005.
6~
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED-?
VOTED~
VOTED~
VOTED ~
COUNCIL MEMBER CHRISTINE DONNELL
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
-
VOTED
~
Mayor Tammy d eerd
Attest:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-047/PP-05-050 - PAGE 3 of 4
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,lff )lie Works Department and City
Attomey.
By: h n &0ffYL 2 Vltvl +h.
City Clerk's Office
Dated:
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA W AND DECISION & ORDER
CASE NO(S). AZ-05-047/PP-05-050 - PAGE 4 of4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/6/2005
STAFF REPORT
TO
FROM:
Hearing Date: December 6, 2005
City Council
Joe Guenther, Associate City Plalllier
City of Meridian Planning Department
208-884-5533
~g/'I:Y":
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SUBJECT
Milford Creek Subdivision
AZ-05-047
Annexation of 13.56 acres from RUT to R-8
PP-05-050
48 Single-family residential lots and 7 other lots
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant is requesting
annexation and zoning of 13.56 acres of land that is currently zoned RUT in Ada County. The applicant is
seeking an R-8 zone (Medium Density Residential District) for the entire site. The applicant has
submitted a preliminary plat for the subject propelty requesting 48 single-family residential lots and 7
common/other lots on 13.56 acres.
2. SUMMARY RECOMMENDATION Staff and the Planning & Zoning Commission are
recommending approval of the subject annexation and zoning (AZ-05-047) and preliminary plat (PP-05-
050), for the reasons listed herein. The applicant shall be responsible for any upgrades to the lift station
that may be required. The Meridian Planning and Zoning Commission heard the item on November 3,
2005. At the public hearing they moved to recommend approval.
a. Summary of Public Hearing:
i. In favor: Becky McKay, Engineering Solutions
ii. In opposition: None
Ill. Commenting: None
IV. Staff presenting application: Joe Guenther
v. Other staff commenting on application: None.
b. Key Issues of Discussion by Commission:
i. - Fencing adjacent to: open spaces, streets, micropaths and canals;
ii. - Future design and layout of open space and trail spur to North Slough multiuse
pathway
111. - Design ofthe subdivision in relation to Eagle Road; Wainwright Dr.
c. Key Commission Changes to Staff Recommendation:
i. - Delete Settlers Irrigation Condition 8.1 as it does not apply to this site.
ii. - Change Preliminary Plat Condition 1.1.3 from "The Land Group" to "Harvest
Design" dated August 12,2005.
d. Outstanding Issue(s) for City Council:
i. - None.
3. PROPOSED MOTION
Recommend Approval (All applications)
I move to recommend approval to the City Council of File Numbers AZ-05-047/PP-05-050 as
presented in staff report for the hearing date of December 6, 2005 and the preliminary plat dated August
3,2005 with the following modifications to the conditions of approval: (add any proposed modifications)
Milford Creek Subdivision
AZ-05-047 JPP-05-050
PAGEl
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/6/2005
Recommend Denial (All applications)
I move to recommend denial to the City Council of File Numbers AZ-05-047/PP-05-050 as
presented in the staff report dated December 6, 2005 and the preliminary plat dated August 3, 2005 for
the following reasons: (you must state specific reasons for denial of the CUP. They should address how
the applicant might re-do the application to gain your recommendation for approval.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
NE corner of Amity Road and Locust Grove Road
4NIE32
b. Owner
M&H Development
82 E. State Street, Suite B
Eagle, Idaho 83616
c. Applicant:
Becky McKay, Engineering Solutions
150 E. Aikens Street, Suite B
Eagle, Idaho, 83616
d. Representative: Becky McKay, Engineering Solutions
e. Present Zoning: COUNTY - RUT
f. Present Comprehensive Plan Designation:
Medium Density Residential- 2002 Comprehensive Future Land Use Map
g. Description of Applicant's Request:
1. Date of preliminary plat (attached as Exhibit AI): August 3, 2005
2. Date of landscape plan (attached as Exhibit A2): August 12, 2005
h. Applicant's Statement/Justification: The proposed overall density (3.54 dwellings per acre) of
the project complies with the City's designation of Medium Density Residential R-8
which allows for residential densities up to 8 dwellings per acre. The applicant has
requested a density consistent the comprehensive plan which is similar to other medium
density residential projects in the near vicinity. We believe the use of the project will
provide a development which will complement the surrounding land uses and will be a
continuation of the Zebulon Heights project south of the site and the City of Boise
Milford Creek Subdivision No.1 project east of the site.
5. PROCESS FACTS
a. The subject application will in fact constitute an annexation and/or rezone as determined
by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 16, a public
hearing is required before the City Council on this matter.
b. The subject application will in fact constitute a preliminary plat as determined by City
Ordinance. By reason ofthe provisions of the Meridian City Code Title 12 Chapter 3, a public hearing is
required before the City Council on this matter.
c. The subject application will in fact constitute a conditional use as determined by City
Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 17, a public hearing is
required before the City Council on this matter.
d. Newspaper notifications published on: October I ill 2005 and October 31 sl 2005
Milford Creek Subdivision
AZ-05-047/PP-05-050
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/6/2005
e. Radius notices mailed to propelties within 300 feet on:
f. Applicant posted notice on site by: October 24th, 2005
6. LAND USE
a. Existing Land Use(s): Agricultural
October 71h 2005
b. Description of Character of Surrounding Area:
Agricultural/Urbanizing Residential
c. Adjacent Land Use and Zoning
1. North: Madison Park Subdivision (Boise City, R-IB)
2. East Milford Creek Subdivision Number] (Boise City, R-IA and A) and D&G
Nursery (Boise City, A)
3. South: Zebulon Heights Number 2 (Meridian City, R-4), approved/developing
4. West: Zebulon Heights Number 2 (Meridian City, R-4), approved/developing
d. History of Previous Actions: N/A
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: Extension of mains in Zebulon Heights Subdivision
cOlmecting at Paint Street Stub.
Location of water: Extension of mains in Wainwright Drive and Zebulon
Heights Subdivision connecting at Paint Street Stub.
Issues or concerns: Pathway cOilllections and addressing oflots closest to
Boise City road sections. All issues and concerns have been addressed through
conditioning.
2. Vegetation: Agricultural/Irrigated
3. Flood plain: NA
4. CanalslDitches Irrigation: Local laterals - Little Lateral, private and North Slough-
Settlers Irrigation
5. Hazards: None Identified
6. Proposed Zoning: R-8
7. Size of Property: 13.56 acres
8. Description of Use: Residential, 48 Single Family detached
f. Subdivision Plat Information
I. Residential Lots: 48
2. Non-residential Lots: 0
3. Total Building Lots: 48
4. Common Lots: 7
5. Other Lots: 0
6. Total Lots: 55
Milford Creek Subdivision
AZ-05-047/PP-05-050 PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE [-IEARING DATE OF [2/6/2005
7. Open Lots: Lot 7 Block 3
8. Gross Density: 3.54 units per acre
g. Landscaping
1. Width of street buffer(s): 20 feet for Wainwright Drive
2. Width of buffer(s) between land uses: none required (all residential)
3. Percentage of site as open space (PP application):
1.89 acres or 12% open space
4. Other landscaping standards: Retain existing healthy vegetation and maintain
pathway along North Slough.
h. Amenities
The applicant is proposing amenities in open space and a park with playground
equipment and a stub connection to the North Slough Multi-use pathway.
1. Proposed and Required Residential Standards
R-8 (Standards)
Setbacks (*alJ streets local) Proposed Required
Front Living Area 15 15
Side Accessed Garage 15 15
Front Accessed Garage 20 20
Side 4 4
Rear 12 12
Frontage 50 50
Lot Size 6210 5000
J. Proposed and Required Non-Residential
Non-residential lots are to be used for amenities and open space only.
k. Summary of Proposed Streets and/or Access (private, public, common drive, etc.):
Direct lot access to Wainwright drive is to be prohibited with the exception of Lots 1 and
2 of Block 1. Access to E. Walter Lane (a private street) shall cease and Lot 1 Block 1
shall be addressed and take access from Wainwright Drive. Access to Zebulon Heights
subdivision is as proposed with a connection at E. Paint Street to Milford Creek
Subdivision Number 1 at a connection with E. Paint Drive.
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).
7. AGENCY COMMENTS MEETING On October 14th 2005 staff held an agency comments
meeting, all agencies attending provided comments as attached in Exhibit B.
Staffhas included all comments and recommended actions as Conditions of Approval in the
attached Exhibit B.
Milford Creek Subdivision
AZ-05-047 fPP-05-050
PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/6/2005
8. COMPREHENSIVE PLAN POLICIES AND GOALS
The 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. The proposed density (3.54 d.u./acre) is within the target density for Medium Density
Residential, staff finds that the proposal conforms to this stated purpose and intent. Similar
subdivisions in the near vicinity have provided larger lots in the "Medium Density Residential"
areas which approximate three dwelling units to the acre using the R-4 Medium Low Residential
zoning designation. The applicant has proposed several larger lots and fourteen of the lots meet
the R-4 minimum lot size, in conjunction with the larger open space lot the site is similar to the
overall neighborhood. 111 the applicant's submittal letter several Comprehensive Plan policies are
listed (please see applicant's letter) and a step up in density is requested in compliance with the
existing comprehensive designation.
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:
. Sanitmy sewer and water service wi/! be extended to the project at the
developer's expense.
. The subject lands currently lie within the jurisdiction of the Meridian Rural Fire
District. Once annexed the lands will be under the jurisdiction of the Meridian
City Fire Department, who currently shares reSource and personnel with the
Meridian Rural Fire Department.
. The subject lands currently lie within the jurisdiction of the Ada County Sheriff's
Office. Once annexed the lands will be serviced by the Meridian Police
Department (MPD).
. The western roadway 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 Librmy District. This
service will not change and the Meridian Librmy District should suffer no
revenue loss as a result of the subject annexation.
Municipal, fee-supported, services will be provided by the Meridian Building Departrnent,
the Meridian Public Works Department, the Meridian Water Department, the Meridian
Wastewater Department, the Meridian Planning Department, Meridian Utility Billing
Services, and Sanitary Services Company.
. "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal
IV, Objective D, Action item 2)
In accordance with this Goal and Action Item, the applicants design only allows main drive
access to collector roads. Due to the design on the site and overall layout adjacent to the
Milford Creek Subdivision
AZ-05 -047 /PP -05-050
PAGES
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/6/2005
City of Boise Lots 1 and 2 of Block 1 require access to Wainwright Drive, a collector road
The main collector roads are designed with landscape lots and oriented as to only allow
vehicular traffic flow at the road systenz. Only Lots 1 and 2 o.f Block 1 Milford Creek
Subdivision are provided lot access to a collector or arterial street as exempted by ACHD.
Only one access point is being proposed for a common drive for both Lots 1 and 2 of Block 1
as determined by the applicant.
· "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 20-foot wide landscape bl(ffer with a perimeter fence and dense vegetation along
Wainwright Drive. Stqff is supportive of these widths, as long as the entire buffer lies outside
the ultimate right-of-way. See Site Speqfic Condition in the Preliminmy Plat section below
in Exhibit C.
· "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach"
from the National Center for Bicycling and walking in all land 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 additional rights of way for Wainwright Drive will be large enough to accommodate
future pedestrian and bicycle lane as well as interconnection of sidewalks along arterial
roads.
· 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 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 residential development. This
proposal meets the Comprehensive Plan definition of medium density, with a gross density 0.(
3.54 dwelling units per acre. Staff has reviewed Milford Creek Subdivision under the
Medium Density Residential designation which allows residential densities from 3 to 8
dwelling units to the acre. Staff does not anticipate the housing types for Milford Creek
Subdivision to be ve,y diverse which is consistent of the general vicinity towards the center of
the section. These projects as a neighborhood meet the variety of residential categories.
· "On-street bikeways should be incorporated on all future Collector streets." (Chapter VI,
Figure VI-5)
Milford Creek Subdivision
AZ-05.047/PP-05-050
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/6/2005
Figure VI-S on page 57 of the Comprehensive Plan designates a bikeway on all collector
roads and arterials. The proposal will provide a collector road connection Fom the site to
Eagle Road which will provide interconnection to .filture collector and arterial streets.
lnterconnectivity between subdivisions will also provide for a multiuse pathway connection
through Zebulon Heights Subdivision for pathway access to the North Slough pathway
system.
Stafrfinds that the proposed zoning and subsequent uses (single-rami/v homes) will be
harmonious with and in accordance with the Comvrehensive Plan.
9. ZONING ORDINANCE
a. Zoning Schedule of Use Control: Meridian City Code 11-2-1 lists Single Family Residential
(attached and detached) as permitted uses in the R-8 zoning district.
b. Purpose Statement of Zone:
The purpose of the residential districts is to provide for a range of housing opportunities
consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water
and sewer systems is a requirement for all residential districts. Residential districts are
distinguished by the allowable density of dwelling units per acre and corresponding housing
types that can be accommodated within the density range. Medium Density Residential - R-
8 allows a maximum density of Eight (8) dwelling units to the acre.
10. ANALYSIS
lOa. 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
Ordinance, staff believes that this is a good location for the proposed Single Family Residential
products. Please see Exhibit D for detailed analysis offacts and findings.
1.1 The annexation legal description submitted with the application (stamped on August 19,
2005 by D. Terry Peugh, PLS) shows the property as contiguous to the existing 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-3D.2 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
Milford Creek Subdivision
AZ-OS-047/PP-OS-OSO
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/6/2005
require some written commitment for all future uses. Due to the close proximity of existing
and future residential uses, the general layout of the neighborhood and lack of significant
public features, staff believes that a Development Agreement is not necessary to for this
property if developed in a fashion that is consistent with the comprehensive plan designation
and conditions of approval contained in tIlls report for the proposed prelinllnmy plat.
2. PRELIMINARY PLAT SPECIAL CONSIDERATIONS
2.1 Public Streets and Access: Connectivity
Two stub streets from neighboring subdivisions shall connect E. Paint Drive to E. Paint
Street. No direct access is allowed to Wainwright Drive wit the exception of Lots I and 2 of
Block 1 or as approved outside of the points of connection pennitted by ACHD.
(East Propelty Boundary, Boise City)
The site lying directly east of the site is currently the Milford Creek Number 1 Subdivision
and D+G Nursery, serviced by the City of Boise. The stub street connection to the east of the
site has been shown at E. Paint Drive Street. The existing residence shares a private street
with D+G Nursery which shall be tenninated. Lot 1 Block 1 containing the existing
residence shall be required to take access to Wainwright Drive and be addressed within the
City of Meridian.
2.2. Landscaping: Staff is generally supportive of the landscaping design with the following
considerations: Perimeter fencing shall be designed according to UDC 11-3B and maintained
by the home owners association. The landscape plan shall be changed to reflect any changes
to the preliminary plat. The northerly 10 feet of Lot 6 Block 3 is to be included with open
space lot of Lot 7 Block 3 to provide a 5' walking path cOlmection from the open space lot to
the multiuse pathway to facilitate pedestrian movement. The southern connection of the 5'
walking path shall tenninate at the point where Syracuse Way becomes a collector road for
connection at Wainwright Way.
The proposed landscaping along Wainwright Drive must be extended to allow for 20' of
landscaping to the site boundary and landscaped consistent with UDC 11-3B. The lots which
will be given access and addresses from Wainwright Drive will be allowed a shared access
curb cut to Wainwright drive. The applicant can include these areas in conunon lot, to be
maintained by the HOA or with a landscape easement to be recorded on the final plat to be
maintained by the HOA. These changes will be required prior to final plat.
2.3 Tree Mitigation: 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 ditches, laterals or canals, exclusive of
natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being
subdivided shall be tiled. Settlers Irrigation District has a 60' easement for the North Slough
on this site; standard conunents are included in Exhibit C.
Piping of Ditches: Meridian City Code UDC 11-3A-6 requires all irrigation ditches, laterals
or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and
contiguous, or which canals, ditches or lateral touch either or both sides of the area being
subdivided, to be covered and enclosed with tiling or other covering equivalent in ability to
Milford Creek Subdivision
AZ-OS-047/PP-OS-OSO
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF ]2/6/2005
detour access to said ditch, lateral or canal. The Little Lateral along Wainwright Drive is
listed as a private lateral, contact public works for piping requirements.
2.5 Pressure Irrigation: The City of Meridian requires that pressurized irrigation 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 cOllilection to the culinary water system shall be required. If a single-
point cOlmection is utilized, the developer will be responsible for the payment of assessments
for the common areas prior to signature on the final plat by the City Engineer. An
underground, pressurized irrigation system should be installed to all landscape areas per the
approved specifications and in accordance with UDC 11-3B-6. See Site Exhibit B below.
2.6. Fencing: The applicant is proposing to construct a minimum of a six foot tall solid fence
around the perimeter of the site with 4' open fencing along common areas. A detailed
fencing plan should be submitted upon application 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.
lOb. Staff Recommendation: Staff recommends approval of AZ-05-047/PP-05-050 for Milford
Creek Subdivision as presented in the staff report dated November 3, 2005 based on the Findings
of Fact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit Bas
attached to this report. Staff has prepared findings consistent with this recommendation.
11. EXHIDITS
A. Drawings
1. Preliminary Plat (dated: August 3,2005)
2. Landscape Plan (dated: August 12,2005)
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
5. Parks Department
6. Ada County Highway District
7. Settlers Irrigation District
C. Legal Description
D. Required Findings from Zoning Ordinance
Milford Creek Subdivision
AZ-05-047/PP-05-050
PAGE 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/6/2005
A. Drawings
1. Preliminary Plat (dated: August 3,2005)
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/6/2005
2. Landscape Plan (dated: August 12,2005)
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF [2/6/2005
B. Conditions of Approval
1. Planning Department
1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT
1.1.1 The preliminary plat labeled as PP-] prepared by Engineering Solutions, dated August 3, 2005 is
approved, with the conditions listed herein. All comments/conditions of the accompanying
Annexation/Zoning (AZ-05-047) shall also be considered conditions of the Preliminary Plat (PP_
05-050).
1.1.2 The applicant shall comply with the requirements of no direct lot access for any lots adjacent to
Wainwright Drive except Lots 1 and 2 of Block 1 with the restrictions placed by ACHD. A note
shall be placed on the final plat restricting access to Wainwright Drive.
1.1.3 A landscape plan shall be submitted prior to final plat showing the landscaping in relation to the
changes required by this report. The submitted two-page landscape plan prepared by Harvest
Design, dated August 12, 2005 will need to be amended prior to final plat with the following
changes:
· Lot 3 Block 1 must be extended to the property line or a landscape easement shown on the
plat to provide for a 20~foot landscape buffer in compliance with UDC 11-3B. The applicant
and ACHD have agreed that Lots 1 and 2 will share a common drive. The common drive
shall be defined on the final plat as an ingress/egress point of cOlmection to Wainwright
Drive. Lot 3 Block 1 shall be maintained by the Milford Creek HOA.
· The open space lot, Lot 7 Block 3 shall include a 10-foot wide landscape/pathway lot
separating Lot 6 Block 3 and E. Meadowdale Street. The 5-foot walking pathway shall be
routed to connect with the multi-use pathway spur across E. Meadowdale Street and again to
connect to the bike lane at the point N. Syracuse Way becomes a divided collector road.
1.1.4 All road drainage shall be contained on site in the drainage swales/areas as depicted.
1.1.5 Maintenance of all common areas shall be the responsibility of the Milford Creek Subdivision
Homeowners' Association.
1.1.6 Place a note on the face of the final plat stating that all future front garage setbacks shall be 20~
feet as measured from the property line or the back of sidewalk, whichever is more restrictive.
1.1. 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 ODC 11-3A-6,
unless otherwise approved by the City and the Irrigation District(s).
1.1.12 The name "Milford Creek Subdivision 2" shall be changed to either Mil ford Creek West or
Milford Creek Addition for final plat.
1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT
1.2.1 Sidewalks shall be 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 space 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-
Exhibit 8 Page [
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/6/2005
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 11-38.
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 stormwater detention facility cannot be incorporated into the approved
open space and still meet the standards of UDC 1] -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 pennanent fencing is not provided, temporary construction 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 In-igation 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.
1.2.6 Staff's failure to cite specific ordinance provisions or terms of the approved
annexation/conditional use 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 UDC II-6B.
2. Public Works Department
2.1 The applicant is proposing to sewer service to this site via extensions of mains proposed in
Zebulon Heights #2. Zebulon Heights is sewering through extensions of mains located in
Settlement Bridge which has not installed the necessary mains to serve Zebulon, therefore this
property is currently not serviceable by the City of Meridian's sanitary sewer system. Proceeding
through the process is strictly at the risk of this applicant. The City of Meridian does not
guarantee sewer service to this site within the time lines set out in the Unified Development Code.
2.2 The applicant shall install all mains necessary to provide service; applicant shall coordinate main
size and 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.
2.3 Water service to this site is being proposed via extension of mains in Zebulon Subdivision. The
applicant shall be responsible to install water mains to and through this development, coordinate
main size and routing with Public Works.
2.4 The applicant has indicated that the pressurized iITigation system is to be owned and maintained
as a private system. Therefore, plans and specifications will be reviewed by the Public Works
Department as part of the construction plan review. A "draft copy" of the operations and
Exhibit B Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/6/2005
maintenance manual will be required prior to plan approval with the "final draft" being required
prior to final plat signature on the last phase of this project.
2.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (UDC 11-3A-15). 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
cOlli1ection 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.
2.6 All existing structures not contained on a newly platted lot, or not meeting required zoning
regulations shall be removed prior to signature on the final plat by the City Engineer.
2.7 The applicant shall be responsible for the actual hookup and payment of assessments to municipal
services for the building on Lot 1, Block 1.
2.8 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.
2.9 Street signs are to be in place, water system shall be approved and activated, fencing installed,
drainage lots constructed, road base approved by the Ada County Highway District and the Final
Plat for this subdivision shall be recorded, prior to applying for building permits.
2.10 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.
2.1 I 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.
2.12 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.
2.13 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.
2.14 Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Protection Agency.
2.15 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.16 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.17 All grading of the site shall be performed in conformance with 11-12-3H.
2.18 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
2.19 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.
2.20 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
Exhibit B Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/6/2005
detennined after power designs are completed by Idaho Power Company. The street light
contractor shall obtain design and permit from the Public Works Depatiment 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 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works 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 comers when spacing permits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
g. Fire hydrants shall be place 1 8" above finish grade.
h. Fire hydrants shall be provided to meet the requirements of the IFe Section 509.5.
3.3 Entrance and internal roads shall have a turning radius of28' inside and 48' outside radius.
3.4 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and
shall have a clear driving surface which is 20' wide.
3.5 For all Fire Lanes, paint the curb red and provide signage "No Parking Fire Lane".
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 roadways shall be built to Ada County Highway Standards cross section requirements and shall
have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29'
street width shall have no parking. Streets with less than 33' shall have parking only on one side.
These measurements shall be based on the face of curb dimension.
3.8 AU portions of the buildings located on this project must be within 150' of a paved surface as
measured around the perimeter of the building.
3.9 The Fire Dept. has concerns about the ability to address the project and have the addresses
visible ii-om the street which the project is addressed off of Please contact Vicki Heugly (898-
5500) to address this concern prior to the Final Plat.
3.1 0 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).
Exhibit B Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/6/2005
4. Police Department
4.1 Any interior fencing shall allow visibility from the street or shaH not exceed four feet in height if
solid fencing is used.
4.2 Please contact the Police Chief for detailed review of any development proposal and submit
stamped (approved) plans with your final plat application.
5. Parks Department
5.] Pathway and Trail standards: The proposed pathway and/or trail shall meet the standards as set
forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3,
sections B & C. This condition will apply to the section of pathway to access NOlth Slough
Multi-Use Pathway.
6. Sanitary Service Company
6.] Please contact Bill GregOlY 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.] Tie into the existing 5-foot attached concrete sidewalk on Wainwright Drive and extend the
sidewalk to the west property line. The sidewalk may either be attached or detached.
7.2 Construct the main entrance to the subdivision, North Syracuse Way, to intersect Wainwright
Drive approximately 270-feet west of the east property line and in alignment with a roadway that
is proposed on the south side of Wainwright Drive, as proposed.
7.3 Extend East Paint Street into the site from the west property line approximately 370-feet north of
the south property line, as proposed.
7.4 Extend East Paint Drive into the site from the east property line approximately 435-feet north of
the south property line, as proposed.
7.5 Construct the internal streets as 36-foot street sections with rolled curb, gutter and sidewalk
within 50-fee of right-of-way, as proposed.
7.6 Construct a knuckle with an island within the subdivision, as proposed. Construct the island
within the knuckle a minimum of 4-feet wide with a minimum area of lOa-square feet and
designed to maintain a minimum of a 29-foot street section on either side of the island.
7.7 Construct an island within North Syracuse Way, as proposed. Construct the island to be a
minimum of 4-feet wide with a minimum area of lOa-square feet and designed to maintain a
minimum of a 21-foot street section on either side of the island.
7.8 Any proposed landscape islands/medians within the public right-of-way dedicated by this plat
shall be owned and maintained by a homeowners association. Notes of this will be required on
the final plat.
Exhibit B Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF J2/6/2005
7.9 Utilize the existing 25-foot wide driveway on Wainwright Drive for the existing dwelling located
on Lot 1 Block 1. Pave the driveway its full width of 25-feet into the site a minimum of 30-feet
beyond the edge of pavement of Wainwright Drive.
7.10 Eliminate Lot 2 of Block 1 from the plat OR create a shared driveway between Lots 1 and 2 of
Block 1. In addition to a shared driveway, Lot 2 of Block I will be required to provide an on site
turnaround to prevent vehicles from backing onto Wainwright Drive.
7.11 Milford Creek Subdivision #2's preliminary plat will be approved contingent upon the right-of-
way within Zebulon Heights Subdivision #2 being dedicated to the public and the roadways being
constructed or a financial surety is in place for the construction of the roadways prior to the
signature of the final plat for Milford Creek Subdivision #2.
7.12 Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
7.13 Any existing irrigation facilities shall be relocated outside of the right-of-way.
7.14 Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of-way.
7.15 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.16 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.
7.17 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
7.18 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.
7.19 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.
7.20 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.
7.21 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.
7.22 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
Exhibit B Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF J2/6/2005
Operations 387-6190 in the event any ACI-lD conduits (spare or filled) are compromised during
any phase of construction.
7.23 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 fi'om the Ada County Highway District.
7.24 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 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.
8. Settlers' Irrigation District
8.2 A Land Use Change Application must be on file prior to any approvals.
8.3 A license agreement MUST be signed and recorded prior to construction of any SID facilities, or
within its easements.
8.4 Any Change to the existing irrigation system such as relocation, water delivery, tiling, and
landscaping must be approved by Settlers Irrigation District's Board of Directors.
8.5 All storm drainage must be retained on-site.
8.6 The development must supply pressure irrigation access to all lots within the above-mentioned
subdivision from the current delivery point. If the developer wishes to have SID own, operate,
and maintain the pressure in-igation system an agreement must be in place prior to the pre-
construction meeting.
Exhibit B Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/6/2005
C. Legal Description
IDAHO
SURVEY
GROUP
1450 bot WJtertower St
Suite I 50
rknd!:l", kbho 83M2
Phone (208) 846-8570
Fa" (208) 884-5399
Project No. 05.164
August 19, 200S
M & II DCl'cloIJlUcn(
A parcel of land located 111 the SE ] 14 of the NE 1/4 ofScclion 32, TAN., It 1 E"
B.M., Ada Coullty, Idaho, more parlicularly described as follows: Commcncing nllhc
East 1/4 comer of said Section 32, fj'Olll which the Northeast comcr of snid Scction 32
bears North 00030'Or E~st, 2654.30 feel; Thence North 00030'03" East, 44238 feel;
Thence North 89051 '56" West and along the North line of Zebulon Subdivision, as smue
is recorded in Book 90 of Pia Is at Page 10588, Ada County records, a distance of 656.05
reel 10 lhe REAL POINT OF BEGINNING.
Thence continuing North 89051 '56" West, 672.35 feet to a point 011 the West line
of (he SE 114 of the NE 1/4;
Thence North 00031 '00" East, 882.72 feet to the NE 1/16 comer, common to the
Southwest comer of Madison Park No.3 SUbdivision, as same is recorded in Book 77 of
PI~ts of Page 8092, Ada COUllty records;
Thence along lhe SOlllh lille of said subdivision South &9057' 14" East, 570.16
feet;
Thence departing said South line 57038'00" East, 120.22 feel;
Thence South 00030'43" West, 819.48 feet to the Point of Beginning. Containing
13,56 acres, more or less,
REVI
6V_
D. Tcn~y Peugh,PLS
",,OJ i tone! Sut
Exhibit C Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF [2/6/2005
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Exhibit C Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/6/2005
D. Required Findings from Zoning Ordinance
1. AIUlexation Findings:
The conunission and council shall 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:
A. Will the new zoning be harmonious with and in accordance with the comprehensive plan
and, if not, has there been an application for a comprehensive plan amendment;
In Chapter VII of the Comprehensive Plan, 'medium density' is defined as areas
including single-family homes at densities of three to eight dwelling units per acre. The
Council finds that the requested residential zoning designation, R-8, is harmonious with
and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which
designates the site to "Medium Density Residential", this is also continued with the North
Meridian Comprehensive Plan Development application submitted for 2005. The density
proposed with the preliminary plats are consistent with previous Conunission and
Council actions and generally conforms to the goals, objectives, and action items
contained in the Comprehensive Plan for these medium density areas. The overall
density of 3.54 du/acre is within the expected densities for this area.
The Council finds that the proposed zoning is in general conformance with the
comprehensive plan (please see Section 7 of the Staff Report for detailed analysis of
specific comprehensive plan action items that apply to this development).
B. Is the area included in the zoning amendment intended to be rezoned in the future;
Concurrent with the annexation and zoning application, the applicant has submitted a
preliminary that proposes single-family detached products for the subject site (PP-05-
050). The Council does not anticipate that the applicant plans to rezone the subject
property in the future if the accompanying PP application is approved.
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
commercial area by means of conditional use pennits;
The Council finds that the single-family homes would be allowed (pennitted) within the
requested R-8 zone. The entire site is being proposed as residential and upon build out
staff would not anticipate changes of usage for this site.
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 plalUled or adjacent area being developed in a fashion similar to the
proposed rezone area;
Several road improvement projects are occurring in the near vicinity tied in with the
approved and under construction projects, specifically Eagle Road and McMillan Road.
Wainwright road is not within ACHD's Five Year Work Program or eIP (20-year plan)
for road widening. Zebulon Heights Subdivision to the west and Milford Creek Number 1
(Boise) Subdivision to the east have been tentatively approved for development similar to
what is being proposed with Milford Creek Number 2 Subdivision. The subject property
is generally surrounded by rural residential acreages and developing properties. The
Council does not find that there has been a change in the area that dictates that this
property should be rezoned. The Commission and Council rely on staff's analysis, public
Exhibit D Page]
CITY OF MERIDIAN PLANNING DEPARTMENT STAfF REPORT FOR nlE HEARING DATE OF 12/6/2005
testimony received and any comments submitted from any other agencies or departments
regarding whether this property should be annexed,
E. Will the proposed uses be designed, constructed, operated and maintained to be
hannonious and appropriate 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;
The applicant has not submitted elevations for the proposed housing units. The
anticipated units will be designed and constructed to meet similar architecture to the
single family detached residences in the area. The applicant (Engineering Solutions) is
the same as for Zebulon Heights and Milford Creek Subdivisions; the Council believes
that the design ofthese single family dwelling units will be compatible with the adjoining
uses. Staff finds that the proposed development will change the existing character of the
area, which is still largely rural. However, the proposed development is generally
ham10nious with the intended character envisioned by the Comprehensive Plan. The
Council does not find that the proposed zoning/uses will adversely change the essential
character of area.
F. Will the proposed uses not be hazardous or disturbing to existu1g or future neighboring
uses;
The Commission and Council rely on public testimony (oral and written) to determine
whether or not the proposed use will be disturbing or hazardous to the existing or future
neighboring uses. Staff does not anticipate that the proposed uses will be disturbing to
future or existing neighbors, as long as landscaping, fencing and other recommended
conditions are exercised. Further, the Council 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.
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 will the person responsible for the estab1islunent of the proposed zoning
amendment 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. Permanent sanitary sewer service to this development is to be
provided by the undeveloped North Slough Trunk. Temporarily sewer service will be
provided by the Lift Station serving VielU1a Woods and Zebulon Heights Subdivision. At
this time sewer does not exist at the location the applicant has shown on the preliminary
plat. The applicant will be responsible for the extension of utilities to and through this
proposed development. Sizing and routing shall be coordinated with the Public Works
Department. If this application is approved, it shall be subject to availability of the
sanitary sewer. The applicant shall also be responsible for any upgrades to the lift station
that may be necessary to increase the capacity to handle this development.
Other urban services, such as water, are near to this site and the applicant should be able
to extend such services to the site. Staff 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 B7.
Exhibit 0 Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 12/6/2005
On October 14, 2005, a Jomt agency/department comments meeting was held with
representatives of key service providers to this propeliy. Based on the joint
agency/department meeting and other comments received from agencies/departments, the
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
reference any written andlor 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.
The Council finds there will not be excessive additional requirements at public cost and
that the proposed zoning and subsequent development will not be detrimental to the
community's economic welfare.
L Will the proposed uses 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;
The Council finds that the proposed annexation and the development of this site will not
involve uses that will create nuisances that would be detrimental to the general welfare of
the sun'ounding area.
The Council recognizes the fact that traffic and noise will increase with the approval of
this subdivision; however, the Council does not believe that the amount generated will be
detrimental to the general welfare of the public. The 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 access to Wainwright Drive and
two internal accesses to the existing public street system. ACHD is supportive of the
proposed streets and driveway locations. If is designed and constructed as required by the
ACBD and the City, the Council does not believe that the subdivision will create
interference with traffic on the surrounding public streets. ACHD has also required that
Lots I and 2 of Block I be designed with a shared access or eliminate one lot. The
applicant shall coordinate the access point to Wainwright in such a manner as to not
interfere with traffic on a collector road.
K. WiH not result in the destruction, loss or damage of a natural or scenic feature of major
importance; and
The North Slough (Settlers Canal) runs directly north of this property. The Council
would consider this feature non-scenic in nature but has been established as a pedestrian
corridor. The Council recommends that this site be subject to the standard conditions of
Settlers Irrigation District.
There are few mature trees on this property. Any existing trees larger than 4" caliper that
are removed should be mitigated for, per the Landscape Ordinance. The Council finds
that the proposed development will not result in the destruction, loss or damage of any
natural feature(s) of major importance if developed under these conditions.
Exhibit 0 Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE 1-IEARING DATE OF J2/6/2005
The 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 staffis unaware.
L. Is the proposed zoning amendment in the best interest of the city.
In accordance with the findings listed above. the Counci1.finds that the annexation/zoning
of this orooertv. as oroposed bv the aoolicant. would be in the best interest of the City
(see Analvsis section in the StafJReoort).
2. Preliminary Plat Findings:
In determining the acceptance of a proposed subdivision, the Conunission shall consider the
obj ectives of this Title and at least the following:
A. The confoIn1ance of the subdivision with the Comprehensive Development Plan~
Please see Atmexation Findings Item A above,
B. The availability of public services to acconunodate the proposed development;
Please see Almexation Findings Items G and H above.
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, the subdivision will not require the expenditure of capital improvement funds.
D. The 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 other health, safety or enviromnental problems that may be brought to the
Commission's attention.
The Council is not aware of any health, safety or environmental problems associated with
the development of this subdivision that should be brought to the Councilor
Conumssion's attention. ACHD considers road safety issues in their analysis. The
Commission and Council reference any public testimony that may be presented to
determine whether or not the proposed subdivision may cause health, safety or
enviromnentaI problems of which council is unaware,
Exhibit D Page 4