HomeMy WebLinkAboutBenelli Springs Subdivision AZ-06-033 PP-06-041
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
RECEIVED
SEP 21 2006
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In the Matter of Annexation and Zoning of 7.6 acres from RUT to R-4 (6.0 acres) and R-8
(1.6 acres) AND Preliminary Plat approval for 25 single-family residential building lots and
5 common lots on 7.6 acres in the proposed R-4 and R-8 zones, by Rob Godsill.
Case No(s). AZ-06-033 and PP-06-041
For the City Council Hearing Date of: September 12, 2006 (findings on September 26, 2006
City Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of September 12,
2006incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of September 12,
2006incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
September 12, 2006incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of September 12, 2006incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. 967-6503).
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 9
II-5A.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-033 and PP-06-041
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
SEPTEMBER 12,2006 incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of
the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code 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 April, 2006 is hereby conditionally approved;
2. The following modifications to site specific conditions were made at the City Council
hearing:
a. The homes shall have slab-on-grade construction unless an alternative
building technique is determined appropriate at the time of final plat
approval.
3. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of September 12,2006 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 ofthe approval ofthe preliminary plat or one (1) year ofthe
combined preliminary and final plat or short plat. In the event that the development of
the preliminary plat is made in successive phases in an orderly and reasonable manner,
and conforms substantially to the approved preliminary plat, such segments, if
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-033 and PP-06-041
submitted within successive intervals of eighteen (18) months, may be considered for
final approval without resubmission for preliminary plat approval. Upon written request
and filed by the applicant prior to the termination of the period in accord with 11-6B-
7.A, the Director may authorize a single extension of time to record the final plat not to
exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as
determined and approved by the City Council may be granted. With all extensions, the
Director or City Council may require the preliminary plat, combined preliminary and
final plat or short plat to comply with the current provisions of Meridian City Code
Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the 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 9 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 September 12, 2006
By action ofthe City Council at its regular meeting held on the 26 f'1;;, day of
~~~2006.
COUNCIL MEMBER SHAUN WARDLE
VOTED ~
VOTED ~
VOTED~
VOTED~
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
TIE BREAKER
MAYOR TAMMY de WEERD
VOTED
---
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-033 and PP-06-041
Copy served upon:
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-033 and PP-06-041
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 12,2006
STAFF REPORT
TO:
FROM:
Hearing Date: 9/12/2006
Mayor and City Council
Justin Lucas
Associate City Planner
Meridian Planning Department
208-884-5533
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SUBJECT:
Benelli Springs Subdivision
AZ-06-033
Annexation and Zoning of7.6 acres from RUT (Ada County), to R-4
(Medium Low-Density Residential)(6.0 acres) and R-8 (Medium Density
Residential)(1.6 acres)
PP-06-041
Preliminary Plat approval of 17 single-family residential building lots in the
proposed R-4 zone, 8 single-family residential building lots in the proposed R-
8 zone, and 5 common lots on 7.6 acres, by Rob Godsill.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Rob Godsill, has applied for Annexation and Zoning (AZ) to R-4 (Medium Low-
Density Residential) for 6 acres and R.8 (Medium Density Residential) for 1.6 acres of property
currently zoned RUT in Ada County. The site is located on the east side of Locust Grove Road,
approximately 600 feet south of Victory Road. Currently, there is one single-family home and
associated outbuildings on this site. The existing home will be moved/removed. The subject
property is within the Urban Service Planning Area.
2. SUMMARY RECOMMENDATION
The subject applications (AZ and PP) were submitted to the Planning Department for concurrent review.
Below, staff has provided a detailed analysis and recommended conditions of approval for the requested
Annexation and Zoning and Preliminary Plat applications. Staff is recommending approval of the
proposed Benelli Springs Subdivision (AZ-06-033 and PP-06-041) with the conditions listed in Exhibit B
of the Staff Report. The Meridian Planning and Zoning Commission heard the item on August 3. 2006.
At the public hearing they moved to recommend approval. On September 12. 2006 the City Council
approved the subiect applications.
a. Summary of Commission Public Hearing:
i. In favor: Kevin McCarthy
ii. In opposition: None
iii. Commenting: Renee Seely
iv. Staff presenting application: Justin Lucas
v. Other staff commenting on application: Mike Cole
b. Key Issues of Discussion by Commission:
i. - Groundwater concerns (slab on grade construction);
ii. - Access to the out parcel to the south
c. Key Commission Changes to Staff Recommendation:
i. - None
d. Outstanding Issue(s) for City Council:
i. - Groundwater concerns (slab on grade construction)
Benelli Springs Subdivision AZ-06-033/PP-06-041
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 12,2006
3. PROPOSED MOTION (to be considered after the public hearing)
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ.
06-033 and PP-06.041 as presented in the staff report for the hearing date of September 12, 2006
with the following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-
06-033 and PP-06-041 as presented during the hearing of September 12,2006 for the following
reasons: (You should state specific reasons for denial of the annexation and you must state
specific reason(s) for the denial of the plat.)
Continuance
I move to continue File Numbers AZ-06-033 and PP-06-04l to the hearing date of (insert
continued hearing date here) for the following reason(s): (You should state specific reason(s)
for continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location: 3420 South Locust Grove Road; south of Victory Road in
Section 29, Township 3 North, Range 1 East
b. Owner:
Susan A. Howard
3420 S. Locust Grove Road
Meridian, ill 83642
c. Applicant:
Rob Godsill
24799 Lansing Lane
Middleton, ill 83644
d. Representative: Kevin McCarthy, Toothman-Orton Engineering
e. Present Zoning: RUT (Ada County)
f. Present Comprehensive Plan Designation: Medium Density Residential
g. Description of Applicant's Request: The applicant is requesting concurrent approval for
Annexation and Zoning of the subject 7.6 acres to a mix ofR-4 (6 acres) and R-8 (1.6 acres)
and Preliminary Plat approval of25 single-family buildable lots and 5 common lots. All ofthe
homes within the development are proposed to be single-family detached. The average lot
sizes in the proposed development are 8,812 square feet in the R-4 zone and 5,085 square feet
in the R-8 zone. The total gross density ofthe project is 3.3 dwelling units per acre.
Approximately twelve percent of the site is being set aside for open space.
1. Date of preliminary plat (attached in Exhibit A): 4/06
2. Date oflandscape plan (attached in Exhibit A): 4/06
5. PROCESS FACTS
Benelli Springs Subdivision AZ-06-033/PP-06-041
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 12,2006
a. The subject application will in fact constitute an annexation as determined by City Ordinance.
By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is
required before the City Council on this matter.
b. The subject application will in fact constitute a preliminary plat as determined by City
Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public
hearing is required before the City Council on this matter.
c. Newspaper notifications published on: July l71h and July 31 sr, 2006 (Planning Commission)
August 21 SI and September 4th, 2006 (City Council)
d. Radius notices mailed to properties within 300 feet on: July 7th, 2006 (Planning Commission)
August 18th, 2006 (City Council)
e. Applicant posted notice on site by: July 24th, 2006 (Planning Commission)
September 2nd, 2006 (City Council)
6. LAND USE
a. Existing Land Use(s): There is a single-family home and some associated outbuildings on
this site. The existing home is to be moved/removed.
b. Description of Character of Surrounding Area: This area is rapidly transitioning from rural to
urban. Numerous residential projects have been constructed or proposed in this area including
R-4 developments to the south and R-8 developments to the west.
c. Adjacent Land Use and Zoning:
1. North: Proposed Casa Meridiana development, requested R-15
2. East: Approved single-family lots within Tuscany Hills Subdivision, zoned R-4
3. South: Single-family home on a large parcel, zoned RUT (Ada County)
4. West: Single-family homes on large parcels, zoned RUT (Ada County)
d. History of Previous Actions:
None.
e. Existing Constraints and Opportunities:
1. Public Works:
Location of sewer: There is sewer stubbed to this property from the Tuscany
Development to the east.
Location of water: There are currently water mains installed in Locust Grove
Road.
Issues or concerns: 1. The need for an "off-peak pumping station". 2. The
geo-technical report indicates that there is groundwater expected as shallow as 0-
2 feet below the surface. 3. Flood zone along the southern boundary of this site
2. Canals/Ditches Irrigation: There are a few irrigation ditches and drains that traverse
through this site. All open irrigation ditches, laterals and canals, (excluding the Ten
Mile Creek) should be tiled when this property develops.
3. Hazards: No hazards have been identified on this site.
4. Proposed Zoning: R-4(Medium-Low Density Residential) and R-8(Medium
Benelli Springs Subdivision AZ~06-033/PP-06-041
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 12,2006
Density Residential)
5. Size of Property: 7.6 acres
f. Subdivision Plat Information:
1. Residential Lots: 25
2. Non.residential Lots: 0
3. Total Building Lots: 25
4. Conunon Lots: 5
5. Other Lots: 0
6. Total Lots: 30
7. Gross Density: 3.3 units per acre (net density is 4.0 d.u.lacre)
8. Minimum House Size: 1,400 square feet (R-4)
g. Landscaping
1. Width of street buffer(s): 25 feet
2. Width ofbuffer(s) between land uses: N/A
3. Percentage of site as open space: 0.92 acresl12%
h. Off-Street Parking: UDC 11-3C-6 requires single-family detached dwellings to have 2
enclosed parking spaces (a garage) and a 20' x 20' parking pad in front of each garage.
1. Summary of Proposed Streets and/or Access: The applicant is proposing to construct two
public streets, Benelli Avenue and Braedon Court. Benelli Avenue will intersect Locust
Grove Road. Braeden Court is a cul-de-sac off of Benelli Avenue. The applicant is proposing
to extend a public stub street to the proposed Casa Meridiana Development to the north. The
applicant is also proposing to provide a public street stub to the lot to the west. All of the
internal streets are local streets with 36.feet wide street sections (measured back of concrete
ribbon curb to back of concrete ribbon curb) and contain 5.foot wide detached sidewalks
within 64-feet of right-of-way. The eight foot area between the back of curb and sidewalk is
proposed to be used as a drainage swale and is not counted as open space. The swale should
contain vegetation suited for drainage areas. Staff is generally supportive of the proposed
street system. ACHD has submitted conunents and conditions back to the City for this project.
ACHD's conditions are included in Exhibit B.
7. COMMENTS MEETING
On July 14, 2006, ajoint agency and departments meeting was held with service providers in this
area. The agencies and departments present include: Meridian Fire Department, Meridian Parks
Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary
Services Company. Staff has included comments, conditions and recommended actions in
Exhibit B below.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Medium Density Residential" on the Comprehensive Plan Future
Land Use Map. Medium density residential areas are anticipated to contain up to eight dwellings
per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 25
Benelli Springs Subdivision AZ-06-033/PP-06-041
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 12,2006
single-family lots on 7.6 acres for a gross density of 3.3 dwelling units/acre. The proposed density
is consistent with the anticipated density for this area.
Staff finds the following Comprehensive Plan policies to be applicable to this properly and apply
to the proposed development (staff analysis in italics below policy):
Chapter VII, Goal III, Objective A, Action 1 - Require that development projects have platUled
for the provision of all public services.
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian plans to provide municipal services to the lands proposed
to be annexed in the following manner:
· Sanitary sewer and water service will be extended to the project at the developer's
expense.
· The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District.
Once annexed the lands will be under the jurisdiction of the Meridian City Fire
Department, who currently shares resource and personnel with the Meridian Rural Fire
Department.
· The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office.
Once annexed the lands will be serviced by the Meridian Police Department (MPD).
· The roadways adjacent to the subject lands are currently owned and maintained by the
Ada County Highway District (ACHD). This service will not change.
· The subject lands are currently serviced by the Meridian School District #2. This service
will not change.
· The subject lands are currently serviced by the Meridian Library District. This service
will not change and the Meridian Library District should suffer no revenue loss as a
result of the subject annexation.
Municipal, fee-supported, services will be provided by the Meridian Building Department, the
Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater
Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary
Services Company.
Chapter V, Goal I, Objective A, Action 11: Improve and protect creeks (Five Mile, Eight Mile,
Nine Mile, Ten Mile, South Slough, and Jackson and Evans drainages) throughout connnercial,
industrial and residential areas.
Staff believes that the applicant is protecting and enhancing the Ten Mile Creek by constructing a
pathway adjacent to its bank and leaving it open. .
Chapter VI, Goal II, Objective A, Action 3 - Consider "Acconnnodating Bicycle and Pedestrian
Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all
land-use decisions.
This publication encourages jurisdictions to establish bikeway and walkway facilities in new
construction and reconstruction projects, in a manner that is safe, accessible and convenient.
Staff believes that the subject applications comply with the policies listed in the literature noted
above.
Benelli Springs Subdivision AZ-06-033/PP-06-Q41
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARlNG DATE OF SEPTEMBER 12,2006
Chapter VI, Goal II, Objective A, Action 8. Develop alternative modes of transportation through
pedestrian improvements, bicycle lanes, off-street pathways, and transit oriented development as
appropriate.
The applicant has included a multi-use pathway that is consistent with the Comprehensive Plan
Future Land Use Map. This pathway will help to promote connectivity and alternative forms of
transportation in this area.
Chapter VI, Goal II, Objective A, Action 6 - Require street connections between subdivisions at
regular intervals to enhance connectivity and better traffic flow.
The submitted preliminary plat proposes two stub streets, one to the north and one to the west.
Both of these stub streets extend to parcels currently zoned in Ada County RUT, which staff
anticipates will re~develop in the near future. Staff believes that the applicant has done a nice job
of providing for future connectivity to the north and west. The Ten Mile Creek inhibits a street
connection (stub) to the property to the south.
Chapter VI, Goal II, Obj ective A, Action 13 - Review new development for appropriate
opportunities to connect to local roads and collectors in adjacent developments.
See analysis above.
Chapter VII, Goal I, Objective D, Action 9 - Require new residential development to provide
pennanent perimeter fencing to contain construction debris on site and prevent windblown debris
from entering adjacent agricultural and other properties.
Prior to house construction, fencing should be constructed around the perimeter of this site. See
Analysis below and Exhibit B for more information.
Chapter VI, Goal II, Objective A, Action 5 - Require pedestrian access connectors in all new
development to link subdivisions together to promote neighborhood connectivity as part of a
community pathway system.
The applicant is proposing to construct a multi-use pathway on the north side ofTen Mile Creek
easement that will connect to the existing pathway within the Tuscany Subdivision. The applicant
is also proposing to construct five foot detached sidewalks adjacent to all of the proposed streets.
Staffis supportive of the proposed pedestrian connections.
Chapter VII, Goal IV, Objective C, Action 6 - Require pedestrian access in all new development
to link subdivisions together and promote neighborhood connectivity.
See above.
Chapter VII, Goal IV, Objective C, Action 1 - Protect existing residential properties from
incompatible land use development on adjacent parcels.
The applicant is proposing a residential zone. Staff finds that the eXlstzng single1amily
residential properties in the near vicinity are compatible with the proposed development.
Benelli Springs Subdivision AZ-06-033/PP-06-Q41
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CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 12, 2006
Staff recommends that the Commission and Council rely on any verbal or written testimony that may be
. provided at the public hearing when determining if the applicant's zoning and development request is
appropriate for this property.
9. UNIFIED DEVELOPMENT CODE
a. Schedule of Uses: Unified Development Code (UDC) 11-2-1 lists single-family detached
homes as permitted uses in the R-4 and R-8 zoning districts.
b. Purpose Statement of Zone:
R-4 Medium Low-Density Residential and R-8 Medium Density Residential: The
purpose of the residential districts is to provide for a range of housing opportunities
consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian
water and sewer systems is a requirement for all residential districts. Residential districts
are distinguished by the allowable density of dwelling units per acre and corresponding
housing types that can be accommodated within the density range.
c. General Standards: All of the proposed lots comply with the standard street frontage and lot
size requirements of the R-4 and R-8 zones established in the UDC. No dimensional
modifications are being requested for the proposed development.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation:
1. AZ Application: Based on the policies and goals contained in the Comprehensive
Plan, staff believes that the requested R-4 and R.8 zones are appropriate for this
property. Please see Exhibit D for detailed analysis of the required facts and findings
for annexation.
The annexation legal description submitted with the application (stamped on April 14,
2006 by Steven J. Frisbie, PLS) shows the property as contiguous to the existing
corporate boundary of the City of Meridian.
Special Considerations:
Develooment AlZteement: UDC 11-5B-3.D.2 and Idaho Code 9 65-6711A
provides the City the authority to require a property owner to enter into a
Development Agreement (DA) with the City that may require some written
commitment for all future uses. Staff believes that a DA is necessary to ensure
that this orooertv is develooed in a fashion that is consistent with the
comorehensive olan designation and does not neeatively imoact nearby
prooerties.
Prior to the annexation ordinance approval, a Development Agreement (DA)
shall be entered into between the City of Meridian, property owner (at the time of
annexation ordinance adoption), and the developer. The aoolicant shall contact
the City Attorney. Bill Nary. at 888.4433 to initiate this orocess. The DA shall
incorporate the following:
. That all future uses shall not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any
persons, property or the general welfare by reason of excessive
Benelli Springs Subdivision AZ-06-033/PP-06-041
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 12,2006
production of traffic, noise, smoke, fumes, glare or odors.
. That all future development of the subject property shall be constructed
in accordance with City of Meridian ordinances in effect at the time of
development.
· That the applicant will be responsible for all costs associated with the
sewer and water service extension.
· That any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service, per City
Ordinance Section 5-7-517, when services are available from the City of
Meridian. Wells may be used for non.domestic purposes such as
landscape inigation.
. That the following shall be the only allowed uses on this property:
single-family detached homes and allowed accessory uses ofthe R-4 and
R-8 zones.
. That the applicant agrees to construct a 10-foot wide multi-use pathway
along the Ten Mile Creek, from Locust Grove Road, to the southeast
comer of the property.
. That a maximum of 25 single-family building lots will be platted on this
property.
. That prior to issuance of any building permit, the subject property be
subdivided in accordance with the City of Meridian Unified
Development Code.
2. PP Application: The proposed preliminary plat substantially complies with the
Unified Development Code.
Special Considerations:
Multi-Use Pathway: The location of the multi-use pathway as proposed is not
consistent with the existing pathway location in the Tuscany Subdivision to the south
and east. The pathway should be located on the northern side of Ten Mile Creek to
facilitate easy connection to the existing pathway in Tuscany.
Street Buffers: The most current street classification map as provided by COMPASS
lists south Locust Grove as a minor arterial. This designation requires residential uses
to provide a street landscape buffer of 25 feet (UDC 11-2A-5). The proposed
preliminary plat only shows a street landscape buffer of 20 feet along Locust Grove
Road. This buffer should be expanded to 25 feet to meet the UDC requirements.
Landscaping: The landscape plan prepared by Toothman-Orton Engineering
Company, on 4-06, is approved with the following modifications/notes:
. Per UDC 11-3G-3A, set aside at least 12% (0.92 acres) of the site for useable
open space, as proposed.
. Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy
Huff, on designing, adopting, and implementing a protection and mitigation
plan for the existing trees on site.
. A written certificate of completion should be prepared by the landscape
architect, designer, or qualified nurseryman responsible for the landscape
plan. All standards of installation should apply as listed in UDC 11- 3B-14.
Benelli Springs Subdivision AZ-06.033/PP-06-041
PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 12,2006
Submit copies of a revised landscape plan, reflecting the changes/notes mentioned
above, with the final plat application(s).
Stub Streets: The applicant should be required to provide public stub streets to the
Oaas Laney property to the north (Parcel #S1129223505) and to the Richardson
property to the east (Parcel #SI129223300) as proposed.
Existing Residences/Buildim!s: The site currently contains multiple buildings. The
existing buildings span across proposed lot lines and do not meet setback requirements
of the requested zoning. Therefore, all existing buildings shall be located/re-Iocated in
accordance with the building setbacks of the R-4 or R-8 zone, prior to signature of the
final plat by the City Engineer.
Fencing: The submitted preliminary plat shows existing fencing around most of the
site. The applicant did not make it clear if this fencing was to remain or be removed. A
detailed fencing plan should be submitted upon application of the final plat. If
permanent fencing is not provided before issuance of a building permit, temporary
construction fencing to contain debris must be installed around the perimeter.
Perimeter, common open space, and micro-path /multi-use fencing shall be designed
according to UDC 11-3A-7.
Common Areas: Maintenance of all common areas shall be the responsibility of the
Benelli Springs Home Owners' Association.
Ditches. Laterals. and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or
canals, exclusive of any natural waterways that intersect, cross or lie within the area
being subdivided shall be covered. This requirement doe not apply to the Ten Mile
Creek which is classified as a natural waterway and must be protected as stated in
UDC 11-6A-1H.
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 use
any existing surface or well water for the primary source. If a surface or well source is
not available, a single-point connection to the culinary water system shall be required.
If a single-point connection is used, the developer will be responsible for the payment
of assessments for the common areas prior to signature on the fmal plat by the City
Engineer. An underground, pressurized irrigation system should be installed to all
landscape areas per the approved specifications and in accordance with UDC 11-3A-
15 and MCC 9-1-28.
b. Staff Recommendation: Staff recommends approval of the subiect applications AZ-06-
022 and PP-06.022. with the conditions listed in Exhibit B of the Staff Report for the hearing
date of August 3. 2006. On August 3. 2006 the Meridian Planning and Zonilllr Commission
voted to recommend approval of the subiect applications. On Sentember 12. 2006 the City
Council annroved the subiect annlications.
11. EXHmITS
A. Drawings
Benelli Springs Subdivision AZ-06-033/PP-06-041
PAGE 9
CITY OF MERIDIAN PLANNrNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 12,2006
1. Preliminary Plat (dated: 3-14-06)
2. Landscape Plan (dated: 3-1-06)
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
8. Central District Health Department
9. Nampa and Meridian Irrigation District
C. Legal Description
D. Required Findings from Unified Development Code
Benelli Springs Subdivision AZ-06-033/PP-06-041
PAGE 10
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 12,2006
A. Drawings
1. Preliminary Plat (dated: 4/06)
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Exhibit A - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 12,2006
B. Conditions of Approval
1. Planning Department
1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT (PP-06-041)
1.1.1 The preliminary plat labeled as Sheet 1 of 1, prepared by Toothman Orton Engineering, Co.,
dated April 2006 is approved, with the conditions listed herein. All comments and conditions of
the accompanying Annexation and Zoning (AZ-06-033) application shall also be considered
conditions of the Preliminary Plat (PP-06-041)
1.1.2 The landscape plan prepared by Toothman-Orton Engineering Company, on 4-06, is approved
with the following modifications/notes:
. Per UDC 11-3G-3A, set aside at least 12% (0.92 acres) of the site for useable
open space, as proposed.
. Construct a minimum 25.foot wide street buffer along the entire length of
Locust Grove Road, exclusive of ACHD right-of-way. Said buffer shall be
designed and constructed in accordance with UDC 11-3B-7.
. Per UDC 11-3B-1O, the applicant should work with the City Arborist, Elroy
Huff, on designing, adopting, and implementing a protection and mitigation
plan for the existing trees on site.
. A written certificate of completion should be prepared by the landscape
architect, designer, or qualified nurseryman responsible for the landscape
plan. All standards of installation should apply as listed in UDC 11-3B-14.
Where the applicant has submitted a preliminary landscape plan and where staff has reviewed
such plan, the landscaping shall be consistent with the preliminary plan with modifications as
proposed by staff. The proceeding modifications and notes should be shown on a revised
landscape plan submitted with the final plat application(s).
1.1.3 Relocate the multi-use pathway to the north side of Ten Mile Creek to facilitate connection to the
existing pathway with in the Tuscany Subdivision. Construct said 10-foot wide asphalt pathway,
from the eastern boundary to Locust Grove Road. Construct a 5-foot wide landscape buffer
(including trees) along the north side of the multi-use pathway and fencing on the north side of
the landscaping (south side of the buildable lots.) The multi-use pathway shall be constructed in
accordance with the Meridian Parks Department's requirements. The pathway must connect from
one major arterial to another, and either an easement or ownership deed must be granted before
the city will assume the maintenance of any section of pathway.
1.1.4 All buildings that span across proposed lot lines, or do not conform to the dimensional standards
(setbacks, height, etc.) of the UDC shall be removed, relocated or made to conform to city code,
prior to signature of the final plat by the City Engineer.
1.1.5 A detailed fencing plan shall be submitted upon application of the fmal plat. If permanent fencing
is not provided before issuance of a building permit, temporary construction fencing to contain
debris must be installed around the perimeter. Perimeter, common open space, and micro-path
fencing shall be designed according to UDC 11-3A-7.
1.1.6 Maintenance of all common areas shall be the responsibility of the Benelli Springs Home
Owners' Association.
1.1.7 Place a note on the face of the final plat that prohibits direct lot access to Locust Grove Road.
Exhibit B - Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 12,2006
1.1.8 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, but exclusive of any natural waterway
(Ten Mile Creek), that intersect, cross or lie within the area being subdivided shall be covered.
Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users
association (ditch owners), with written approval or non-approval submitted to the Public Works
Department. If lateral users association approval can not be obtained, alternate plans will be
reviewed and approved by the City Engineer prior to [mal plat signature.
1.1.9 Underground, pressurized irrigation must be provided to all lots within this development.
1.1.10 The homes shall have slab-on-erade construction unless an alternative buildill!! techniQue is
determined appropriate at the time of final plat approval.
1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT (PP-06-041)
1.2.1 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as
noted in this report, shall be submitted for the subdivision with the final plat application(s).
1.2.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuant to UDC 11-3A-17.
1.2.3 All areas approved as open space shall be free of wet ponds or other such nuisances. All
stormwater detention facilities incorporated into the approved open space are subject to UDC 11-
3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated
surface materials shall not be used in open space lots, except as pennitted under UDC ll-3B.
Where the applicant has submitted a preliminary landscape plan and where staff has reviewed
such plan, the landscaping shall be consistent with the preliminary plan with modifications as
proposed by staff. If the stormwater detention facility cannot be incorporated into the approved
open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the
facility. This may require losing a developable lot or developable area. It is the responsibility of
the developer to comply with ACHD, City of Meridian and all other regulatory requirements at
the time of [mal construction.
1.2.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department.
1.2.5 Staffs failure to cite specific ordinance provisions or terms of the approved annexation and
conditional use does not relieve the applicant of responsibility for compliance.
1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11 ~6B-7.
2. Public Works Department
2.1 Sanitary sewer service to this development is being proposed via extension of a sewer stub
located in the Tuscany Development to the west. 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.
Exhibit B - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 12,2006
2.2 The applicant shall be responsible to install a temporary off-peak pumping station in a location
coordinated with the Public Works Department. The station design and capacity shall be
coordinated with the Public Works Department. The design shall include communication
capabilities that are consistent with the City of Meridian's SCADA system. Ifnew information
arises from ongoing modeling exercises or other subsequent sources, then this condition may be
rescinded by the City Engineer.
2.3 No manholes or water valves shall be allowed to be placed in the landscape islands. If sewer or
water mains are to be routed underneath them, then no trees will be allowed in the islands. The
applicant shall coordinate with the Planning Department to meet this condition while still
complying with all City Ordinance regarding landscaping.
2.4 Water service to this site is being proposed via extension of mains in Locust Grove. The
applicant shall be responsible to install water mains to and through this development, coordinate
main size and routing with Public Works.
2.5 As part ofthe City of Meridian's "to and through" policy the applicant shall be required to extend
water mains in the stub street proposed to the north.
2.6 The engineer shall be required to submit a stamped, signed certification that the street centerline
elevations are set a minimum of 3-feet above the highest established peak groundwater elevation.
2.7 The submitted geo-technical report indicates that groundwater may be as shallow as 0-2 feet
below existing grade. The City of Meridian requires three-feet of separation between the
centerline of the road and the highest established groundwater elevation. The applicant shall
clarify at the Public Hearing how they will accomplish this separation with the expected high
groundwater.
2.8 The preliminary plat indicates that a portion of this development is in an A Flood Zone. It appears
that Lots 7 and 8 Block 2 may be encumbered by this flood plain. Prior to signature on the final
plat the applicant shall be required to submit a signed stamped letter from their Professional
Engineer or Surveyor stating that no lots are encumbered by the flood plain. If any lots are within
the flood plain, the applicant shall be required to determine the "Base Flood Elevation" and those
buildings shall provide Base Flood Elevation Certification prior to building pennits.
2.9 At final plat submittal the applicant shall dedicate lO-foot public utility, drainage, and irrigation
easements along all lot lines common to a public right-of-way, rear lot lines, exterior boundary of
the subdivision, and centered on interior lot lines.
2.10 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13
and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of
reimbursable pipe) being fmalized prior to construction plan approval. The detailed agreement
with the reimbursable amount shall be approved by Council prior to plat signature.
2.11 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public
right of way (include all water services and hydrants).
2.12 The applicant has indicated Nampa and Meridian Irrigation District will own and operate the
pressure irrigation system in this proposed development. Therefore a letter of plan approval shall
be submitted prior to scheduling a pre-construction meeting.
2.13 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, a single-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
signature on the fmal plat by the City Engineer.
Exhibit B - Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER \2,2006
2.14 Meridian Public Works specifications do not allow any large landscaping within a five foot radius
of water meters. The applicant shall make the necessary adjustments to achieve this separation
requirement and comply with all landscape requirements.
2.15 If any existing houses are to be retained on site the applicant shall be responsible for the payment
of assessments and the actual physical connection to the city services.
2.16 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.
2.17 Per UDC ll-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that
intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be
approved by the appropriate irrigation/drainage district, or lateral users association (ditch
owners), with written approval or non-approval submitted to the Public Works Department prior
to plan approval. If lateral users association approval can not be obtained, alternate plans will be
reviewed and approved by the City Engineer.
2.18 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.
2.19 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.
2.20 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.
2.21 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 fmal plat.
2.22 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.
2.23 Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Protection Agency.
2.24 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.25 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes
are located on or near sidewalk the applicant shall comply with all American with Disabilities Act
requirements for unobstructed sidewalk access.
2.26 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.
2.27 One hundred watt, high-pressure sodiwn streetlights shall be required at locations designated by
the Public Works Department. Height for 100 watt fixtures is 25-feet, height for 250 watt fixtures
is 30~feet. 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 determined after power
designs are completed by Idaho Power Company. The street light contractor shall obtain design
and permit from the Public Works Department prior to commencing installations.
3. Fire Department
Exhibit B - Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 12, 2006
3.1 One and two family dwellings will require a frre-flow of 1,000 gallons per minute available for
duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet
apart. International Fire Code Appendix C.
3.2 Acceptance of the water supply for frre protection will be by the Meridian Fire Department 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 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 specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be place 18" above finish grade.
g. Fire hydrants shall be provided to meet the requirements ofthe IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the proj ect.
3.4 All entrance and internal roads and alleys shall have a turning radius of28' inside and 48' outside
radius.
3.5 The phasing plan may require that any roadway greater than 150 feet in length that is not
provided with an outlet shall be required to have an approved turn around.
3.6 No parking will be allowed adjacent to Lots 7-13, Block 2. Said area shall be signed "No
Parking" in accordance with Appendix D Section DI03.6 Signs.
3.7 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.
3.8 Building setbacks shall be per the International Building Code for one and two story construction.
3.9 The roadways shall be built to Ada County Highway Standards cross section requirements and
shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than
a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one
side. These measurements shall be based on the face of curb dimension. The roadway shall be
able to accommodate an imposed load of 75,000 GVW.
3.10 The frre department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost of this installation is to be
borne by the developer.
3.11 All portions of the buildings located on this project must be within 150' of a paved surface as
measured around the perimeter of the building.
4. Police Department
Exhibit B - Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER ]2,2006
4.1 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if
solid fencing is used.
4.2 Provide adequate lighting on lot ten (pathway).
5. Parks Department
5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape
Ordinance will be followed.
5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in
the City of Meridian Landscape Ordinance will be followed.
5.3 Pathway and Trail standards: The proposed pathway and/or trail shall be constructed ill
accordance with the Meridian Park Department's requirements.
5.4 Standard for City to assume Maintenance of a section of Pathway: The pathway must connect
from one major arterial to another, and either an easement or ownership deed must be granted
before the city will assume the maintenance of any section of pathway.
6. Sanitary Service Company
6.1 SSC has no comments related to this application.
7. Ada County Highway District
Site Svecific Conditions of Avvroval
7.1 With the approval of ACHD Development Review Staff, construct the internal streets as 36-fooy
wide swale sections with 2-foot ribbon curd, 8-foot swales, and 5-foot detached concrete
sidewalks within 64 feet of right-of-way.
OR
Construct internal streets as typical 36-foot street sections with curb, gutter, and 5-foot concrete
sidewalk within 50-feet of right-of-way.
7.2 Construct a stub to the north approximately 85wfeet west of the east property line (measured near
the edge to property line), to be constructed as the swale street section (same as internal streets).
7.3 Construct the stub to the east, Benelli Avenue, approximately 85-feet south of the north property
line (measured near edge to property line), to be constructed as the swale street section (same as
internal streets).
7.4 Construct a 7-foot concrete sidewalk a minimum of 28-feet from the centerline of Locust grove
Road abutting the site within the right of way. The sidewalk should be constructed all the way to
the south property line, across the Ten Mile Creek.
7.5 Dedicate 35-feet of right of way from the centerline of Locust Grove Road abutting the parcel by
means of a warranty deed. The right-of-way purchase and sale agreement and deed must be
Exhibit B - Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 12,2006
completed and signed by the applicant prior to scheduling the [mal plat for signature by the
ACHD Commission or prior to issuance of a building permit (or other required pennits),
whichever occurs first. Allow up to 30 business days to process the right of way dedication after
the receipt of all requested material. The owner will be paid the fair market value of the right of
way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter
of application to the impact fee administrator prior to breaking ground, in accordance with the
ACHD Ordinance in effect at that time (currently Ordinance #200), if funds are available.
7.6 Comply with all Standard Conditions of Approval.
Standard Conditions of Avvroval
7.1 b Any existing irrigation facilities shall be relocated outside of the right~of-way.
7.2b Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of-way.
7.3b All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7Ab 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.
7.5b Comply with the District's Tree Planter Width Interim Policy.
7.6b 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.
7.7b 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.
7.8b The applicant shall submit revised plans for staff approval, prior to issuance of building pennit
(or other required permits), which incorporates any required design changes.
7.9b 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.
7.10b Payment of applicable road impact fees are required prior to building construction in accordance
with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance.
7.11 b 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.
Exhibit B - Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 12,2006
7.12b No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
7.13b Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subj ect property unless
a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
8. Central District Health Department
8.1 After written approval from appropriate entities are submitted, we can approve this proposal for
central sewage and central water.
8.2 The following plans must be submitted to and approved by the Idaho Department of Health &
welfare, Division of Environmental Quality: central sewage and central water.
8.3 Run-off is not to create a mosquito breeding problem.
9. Nampa and Meridian Irrigation District
9.1 Applicant shall apply for a land use change application prior to final platting.
9.2 All laterals and waste ways must be protected.
9.3 All easements must be protected and any encroachment without a signed License Agreement and
approved plan, before any construction is started, is unacceptable.
9.4 All municipal surface drainage must be retained on site. If any surface drainage leaves the site,
the Nampa & Meridian Irrigation District must review drainage plans.
9.5 The Developer must comply with Idaho Code 31-3805.
9.6 NMID recommends that irrigation water be made available to all developments within the Nampa
& Meridian Irrigation District.
Exhibit B - Page 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER L2,2006
c. Legal Description
TOOTHMAN-ORTON ENGINEERING COMPANY
CONSULTING ENGINEERS. SURVEYORS AND PLANNERS
9777 CHINmN 80ULEVARD
BOISF, IDAI-IO 83714-21J08
208-323-2288 . FAX 208-32J-~39Y
boise@loengr,o.com
PROJECT: 06026
DATE: April 11, 2006
PAGE: 1 of 1
EXHIBIT "A"
Description of Land for Annexation Purposes
^ parcel ofland situated in the NWI/4 of the NWI/4 of Section 29. Township 3 North,
Range I East, Boise Meridian, Ada County, Idaho, more particularly described as
follows:
COMMENCING at the W 114 corncr of said Section 29, from which the corner comlllon l(l
Sections J 9,20,29. and 30, Township 3 North, Range 1 East, Boise Meridian, bears
N.OOI4'20" E., 2645.64 feet; thence, along tht: westerly line of said section,
A) N .00 14 '20"E., 1693.64 fect to a point marking the ~outhwesterly corner of said
parcel, being the POINT OF BEGINNING; thence, continuing along said line,
I) N.ooI4'20"E., 419.39 feet; thence, parallel with tht:: northcrly line or~aid NW '/"
2) S_89034'36"E., 598.28 feet; thence,
3) s.oa 11'1 O'.W., 263.72 feet to a found 5/8" iron pin: thence.
4) S.1l1002'20"W., 478_12 fect: thence,
5) N.56004'43"W., 543.62 feet to the POINT OF BEGINNING.
CONTAINING 7 .56 Acres mort:: or less.
SUBJECT TO any Covenants, Rights, Rights-of-way, Easements of Record, and any
other encumbrances.
'1~.-'\fJIAN PUBLIC
.. -:;V~JP"'S OEP1"-
F~SVIEW f,PPROV~"'/
~:~y L~"'-~-..
11:'116026\ WPlik,\SUR VEY\hh.I-lnlll Bndy_doc
BOISE . COEUR d'AI.Ei'-iE . CALDWELL
Exhibit C - Page I
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 12,2006
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT fOR THE HEARING DATE OF SEPTEMBER 12,2006
D. Required Findings from Unified Development Code
1. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation
and/or rezone, the Council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive
plan;
The applicant is proposing to zone the subject property to R-4 and R-8. City Council
finds that the proposed zoning map amendment complies with the applicable provisions
of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8,
of the Report.
2. The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
City Council finds that future development of this property will comply with the
established regulations and purpose statement of the R-4 and R-8 zones, if the applicant
enters into a development agreement with the city.
3. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
City Council finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare. Staff recommends that the Commission and Council rely
on any oral or written testimony that may be provided when determining this fmding.
4. The map amendment shall not result in an adverse impact upon the delivery of
services by any political subdivision providing public services within the City
including, but not limited to, school districts; and,
City Council finds that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to
this site.
5. The annexation is in the best of interest ofthe City (UDC 11-5B-3.E).
The R-4 and R-8 zoning amendment will provide lots that are similar in nature to existing
subdivisions in the near vicinity, and transitions well to the future development in the
vicinity. City Council finds that all essential services are available or will be provided by
the developer to the subject property and will not require unreasonable expenditure of
public funds. The applicant is proposing to develop the land in general compliance with
the City's Comprehensive Plan. This is a logical expansion of the City limits. In
accordance with the findings listed above, Citv Council finds that Annexation and Zonine:
of this propertv to RA and R-8 would be in the best interest of the City. ifthe applicant
enters into a Develooment Ae:reement (DA) with the City.
2. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat,
the decision-making body shall make the following findings:
Exhibit D - Page I
CITY OF MERIDlAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 12,2006
1. The plat is in conformance with the Comprehensive Plan;
City Council finds that the proposed application is in substantial compliance with the
adopted Comprehensive Plan. Please see Comprehensive Plan Policies and Goals,
Section 8, and Analysis, Section 10 of the Staff Report.
2. Public services are available or can be made available and are adequate to
accommodate the proposed development;
City Council finds that public services are available to accommodate the proposed
development. (See Exhibit B of the Staff Report for more details from public service
providers.)
3. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because the developer is installing sewer, water, and utilities for the development at their
cost, City Council fmds that the subdivision will not require the expenditure of capital
improvement funds.
4. There is public financial capability of supporting services for the proposed
development;
City Council recommends the Commission and Council rely upon comments from the
public service providers (i.e., police, fire, ACHD, etc.) to detennine this finding. (See
finding Items 3 and 4 above under Annexation Findings, and the Conditions of Approval
in Exhibit B for more detail.)
5. The development will not be detrimental to the public health, safety or general
welfare; and
City Council is not aware of any health, safety or environmental problems associated
with the development of this subdivision that should be brought to the Councilor
Commission's attention. ACHD considers road safety issues in their analysis. Staff
recommends that 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 environmental problems of which staff is unaware.
6. The development preserves significant natural, scenic or historic features.
City Council finds that the proposed development will not result in the destruction, loss
or damage of any natural, scenic or historic feature(s) of major importance, if the Ten
Mile Creek is left open and protected. Staff recommends that the Commission and
Council reference any public testimony that may be presented to detennine whether or
not the proposed development may destroy or damage a natural or scenic feature(s) of
maj or importance of which staff is unaware.
Exhibit D - Page 2