HomeMy WebLinkAboutCope Subdivision AZ-06-037 PP-06-035
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
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In the Matter of Annexation and Zoning of 4.85 acres from R-l to C-G (General Retail and
Service Commercial District) AND Preliminary Plat approval for 4 commercial building
lots on 4.31 acres in a proposed C-G zone, by Ronald Van Auker, representing Van Auker
Properties, for Cope Subdivision
Case No(s). AZ-06-037 and PP-06-035
For the City Council Hearing Date of: September 19, 2006 (fmdings on October 3, 2006
City Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of September 19, 2006
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of September 19, 2006
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
September 19, 2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of September 19, 2006 incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. 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
11-5A.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-037 and PP-06-035
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 ifthe 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
19, 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 June, 2006 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 September 19,2006 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 of the 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
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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-037 and PP-06-035
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.
K 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 19,2006
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-037 and PP-06-035
By action of the City Council at its regular meeting held on the
tJ1cf6; /),~- , 2006.
?rd
d - dayof
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED~
VOTED ~
VOTED r
VOTED~
COUNCIL MEMBER SHAUN WARDLE
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER KEITH BIRD
TIE BREAKER
MAYORTAMMYdeWEERD
VOTED
-
ATTEST:
Copy served upon: / Applicant
/. Planning Department
../ Public Works Department
v' City Attorney
By: 1. A. ~ n ~J\ UU Dated: \D..lQ,OLr
~~~fice'
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06.037 and PP-06-035
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19,2006
STAFF REPORT
TO:
FROM:
SUBJECT:
Hearing Date: 9/19/2006
Mayor & City Council
Jenny Veatch, Associate City Planner
Cope Subdivision
. AZ-06-037
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Annexation and Zoning of 4.85 acres from R-l to C-G zone
. PP-06-035
Preliminary Plat of 4 commercial building lots on 4,31 acres in a proposed C-
G zone
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Ronald Van Auker, representing Van Auker Properties, has applied for
Annexation and Zoning of 4,85 acres from R-l (Ada County) to C-G (General Retail and Service
Commercial) and Preliminary Plat approval of 4 commercial building lots on 4.31 acres. The site
is located on the northeast comer of S. Meridian Road and E. Overland Road,
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 Cope Subdivision (AZ.06-037 and PP-06-035) with the
conditions listed in Exhibit B of the Staff Report, The Meridian Planning and Zoning
Commission heard these items on August 17. 2006. At the public hearing they moved to
recommend approval. On September 19. 2006 the Meridian City Council voted to approve
the subiect applications with a requirement in the Development Aereement to extend the
entrvwav corridor desil!n standards to all lots on the property.
a. Summary of Commission Public Hearing:
i, In favor: Ron Van Auker
ii. In opposition: None
111, Commenting: None
IV. Staff presenting application: Jenny Veatch
v, Other staff commenting on application: Caleb Hood
b. Key Issues of Discussion by Commission:
i. Importance of conceptual design/elevation for site located near gateway road into
Meridian;
ii, Discouragement of buildings that look like boxes or blank slates facing the street;
c. Key Commission Changes to Staff Recommendation:
i. Delete second to last bullet of Development Agreement that stated:
A 25-foot wide commercial drive aisle, sewer, and water shall be stubbed to the
property located at 130 g Overland Road.
11. Add to Development Agreement: Provide Staff with elevations ten (10) days
prior to City Council meeting.
111. Move preliminary plat condition 1.2.6, related to the Design Review requirement,
to the Development Agreement provisions and add that Lot 4 is also subj ect to
Design Review.
Cope Subdivision AZ-06-037, PP-06-035
PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19, 2006
d. Outstanding Issue(s) for City Council:
i. Whether or not the Council wants to incorporate the proposed elevations and/or
site plan into a Development Agreement provision, Or if there are certain aspects
of the buildings that the Council believes should be consistent throughout the
development of this property, which should be included in the DA.
3. PROPOSED MOTIONS (to be considered after the public hearing)
Recommend Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ~
06-037 and PP-06-035 as presented in staff report for the hearing date of September 19, 2006
with the following modifications: (Add any proposed modifications.)
Continuance
I move to continue File Numbers AZ-06-037 and PP-06-035 to the hearing date of (insert
continued hearing date here) for the following reason(s): (You should state specific reason(s) for
continuance, )
Recommend Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-06-
037 and PP.06~035 as presented during the hearing on September 19, 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.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
130 E. Overland Road, northeast comer of S. Meridian Road and E. Overland Road,
Section 18, T3NR1E
b. Owners:
Ron Van Auker
3084 R Lanark Street
Meridian, Idaho 83642
c, Applicant:
Van Auker Properties
3084 E. Lanark Street
Meridian, Idaho 83642
d. Representative: Matt Munger, Munger Engineering, Inc.
e. Present Zoning: R-1
f. Present Comprehensive Plan Designation: Commercial
g. Description of Applicant's Request:
1. Date of Preliminary Plat (attached as Exhibit AI): June, 2006
2. Date of Landscape Plan (attached as Exhibit A2): June 15,2006
5. PROCESS FACTS
a, The subject application will in fact constitute an annexation as determined by City Ordinance,
Cope Subdivision AZ-06-037, PP-06-035
PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19,2006
By reason of the provisions ofUDC ll-5B-3, a public hearing is required before the City
Council on this matter,
b, The subject application will in fact constitute a preliminary plat as detennined by City
Ordinance. By reason ofthe provisions ofUDC ll-6B-2, a public hearing is required before
the City Council on this matter.
c. Newspaper notifications published on: July 3151 and August 141h, 2006 (for P & Z
Commission hearing) and August 28lli and September lIlli, 2006 (for City Council hearing)
d, Radius notices mailed to properties within 300 feet on: July 2151, 2006 (for P & Z Commission
hearing) and August 251h, 2006 (for City Council hearing)
e. Applicant posted notice on site by: August 71h, 2006 (for P & Z Commission hearing) and
September 7th, 2006 (for City Council hearing)
6. LAND USE
a. Existing Land Use(s): Vacant land
b. Description of Character of Surrounding Area: The property sits on the northeast comer of S.
Meridian Road and E. Overland Road, which are both major roadways in the area and carry
large amounts of vehicular traffic. The property is surrounded primarily by other commercial
properties to the north, south, east and west.
c. Adjacent Land Use and Zoning
1. North: Travelers Comer Subdivision, zoned C-G.
2. East: Agricultural land, zoned C-G.
3. South: Southern Springs Subdivision, zoned L-O and Country Terrace Subdivision,
zoned R-6 (Ada County).
4. West: Agricultural land, zoned C-G.
d. History of Previous Actions: None.
e. Existing Constraints and Opportunities
I, Public Works
Location of sewer: There is a sewer trunk on the west side of the Ten Mile
Drain,
Location of water: There is a water main stubbed to this property from the water
main in K Overland Road, and there is also a main in S. County Terrace Place.
Issues or concerns: There is a portion of this site in the AE flood plain.
2. Vegetation: None.
3. Plood plain: 500 year floodplain,
4, Canals/Ditches Irrigation: The Ten Mile Drain traverses the western boundary ofthe
site.
5. Hazards: There is a floodway traversing the site and a 500 year floodplain.
6. Proposed Zoning: C-G
7. Size of Property: 4,85acres
f. Subdivision Plat Information
Cope Subdivision AZ-06-037, PP-06-035
PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19, 2006
I. Residential Lots: 0
2. Non-residential Lots: 4
3, Total Building Lots: 4
4. Common Lots: 0
5. Other Lots: N/A
6, Total Lots: 4
7, Open Lots: 0
g. Landscaping
I. Width of street buffer(s): 25 feet on E. Overland Road, 10 feet on S. Country Terrace
Place.
2. Width ofbuffer(s) between land uses: N/A
3. Percentage of site as open space: 0%
4. Other landscaping standards: landscape islands and associated vegetation as required
by UDC 11-3B-8C2
h, Proposed and Required Non-Residential Setbacks: per the C-G zone
C-G Standard
Front
Side
o feet
o feet
o feet
65 feet
Rear
Max. Building Height
Min, Lot Size
None
Min, Street Frontage None
i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access
to the development will be from S. Country Terrace Place to the east. The applicant is proposing
to construct one half of a 40-foot street section with 54.feet right-of-way. Improvements exist to
the cul-de-sac abutting the site along the northern boundary, The applicant will need to make the
remaining improvements to match those already in existence, The subject property does have
frontage along K Overland Road but is not proposing direct access to that road. Access shall be
restricted to right-in and right.out only, Please see ACHD comments included for further
analysis.
7. COMMENTS MEETING
On July28, 2006 Planning Staff held an agency comments meeting, The agencies and departments present
included: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian
Public Works Department, and the Sanitary Services Company. Staff has included all comments and
recommended actions as Conditions of Approval in the attached Exhibit R
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Commercial" on the Comprehensive Plan Future Land Use Map.
Commercial areas are anticipated to contain a full range of commercial and retail services (see Page 99 of
the Comprehensive Plan,)
Cope Subdivision AZ-06~037, PP~06~035
PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19, 2006
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the
proposed development (staff analysis in italics below policy):
· Chapter VII, Goal III, Objective A, Action I - Require that development projects have planned
for the provision of all public services.
When the City established its Area of City Impact, it planned to provide City services to the suqject
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 suqject 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 VI, Goal II, Objective A, Action 6 - Require street connections between subdivisions at
regular intervals to enhance connectivity and better traffic flow,
The applicant proposes to construct one halfof a 41-foot street section within 54-feet ofright-o.Fway
which aligns with the public stub street from Country Terrace Subdivision to the south.
. Chapter VII, Goal IV, Objective D, Action 2 - Restrict curb cuts and access points on collectors
and arterial streets.
The applicant has proposed one driveway to take access on E. Overland Road, which will be
restricted by ACHD, Staff is in support of ACHD's recommendation.
· "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII,
Goal I, Objective B)
The proposed use does contribute to the variety of commercial uses in this area, as envisioned with
the Comprehensive Plan Amendment.
Staff believes that the proposed zoning for this property is appropriate. Staff recommends that the
Commission and Council rely on any verbal or written testimony that may be provided at the public
hearing when determining (f the applicant's zoning and development request is appropriate for this
property.
Cope Subdivision AZ-06-037, PP.06.035
PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19,2006
9. ZONING ORDINANCE
a. Zoning Schedule of Use Control: UDC 11-2B-2 allows large scale and a broad mix of retail,
office, service and light industrial uses as Pennitted Uses in the C-G zone,
b. Purpose Statement of Zone: Purpose Statement of Zone: The purpose of the Commercial
Districts is to provide for the retail and service needs of the community in accord with the
Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale
of commercial structures accommodated in the district, the scale and mix of allowed
commercial uses, and the location of the district in proximity to streets and highways. C-G
General Retail and Service Commercial District: The purpose of the C-G district is to provide
for commercial uses which are customarily operated entirely or almost entirely within a
building; to provide for a review of the impact of proposed commercial uses which are auto
and service oriented and are located in close proximity to major highway or arterial streets; to
fulfill the need oftravel-related services as well as retail sales for the transient and permanent
motoring public. All such districts shall be connected to the municipal water and sewer
systems ofthe city, and shall not constitute strip commercial development and encourage
clustering of commercial development.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
ANNEXATION 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 commercial development. Please see Exhibit
D for detailed analysis of facts and [mdings.
The annexation legal description submitted with the application (prepared on June 15, 2006 by
Todd R. Waite, PLS) shows the property as contiguous to the existing corporate boundary of the
City of Meridian,
Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into
between the City of Meridian, property owner (at the time of annexation ordinance adoption), and
the developer. The applicant shall contact the Citv Attorney, Bill Nary, at 888-4433 to initiate this
process within 1 g ffioaths 90 days of City Council approval of the annexation request. The DA
shall incorporate the following:
. 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,
. All future development of the subject property shall be constructed in accordance with City
of Meridian ordinances in effect at the time of development.
. 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.
. Prior to issuance of any building pennit, the subject property shall be subdivided in
accordance with the City of Meridian Unified Development Code.
. All proposed off-site road improvements to S. Country Terrace Place and associated
landscape buffer proposed on the site/landscape plans dated June, 2006 shall be constructed
Cope Subdivision AZ.06~037, PP-06-035
PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19,2006
prior to any certificate of occupancy.
. .\ 25 f-oot ..viae commercial drive aisle, se\>ver, aRa "later sHall be stubbed to the property
located at 130 K Overland Road.
. Development of the property shall comply substantially with the conceptual elevations to be
provided by the applicant at the Planning and Zoning hearing and prior to approval of the
preliminary plat by the Commission. Provide Staff with elevations ten (10) days prior to City
Council meeting.
. Per UDC 11-3A-19. the all structures within the development ahml': E. Overland Road aRd
that faee Meridiaa Road (Lots 2 1) shall be subiect to administrative desi!!:n review and a
Desi!!:n Review application shall submitted concurrentlv with the applications for
Certificate of Zonin!!: Compliance.
PRELIMINARY PLAT 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 commercial development.
Please see Exhibit D for detailed analysis of facts and findings.
1. Access to a Principal Arterial roadway (E. Overland Road): The submitted preliminary
plat dated June, 2006 shows access to E. Overland Road. Access shall be restricted to
right-in and right-out only. Direct lot access to East Overland Road shall be prohibited
and should be noted on the [mal plat.
2, Parking Lot Landscaping: Landscape plans shall be submitted with the Certificate of
Zoning Compliance applications for the development which comply with City Code.
Specifically, the submitted conceptual site plan does not provide landscape islands and
associated vegetation as required by UDC 11.3B-8C2.
3. Design Review: Per UDC 11-3A-19, the structures within the development along E.
Overland Road shall be subj ect to administrative design review and a Design Review
application shall submitted concurrently with the application for Certificate of Zoning
Compliance, Th.e aflplieaat has not s1:1bmitted aH)' eOReeptl:lal elevations or plans at this
tim&.- Although such concepts are not required by the UDC, staff anticipates that the City
Council will want to see them prior to their hearing,
4. Stub Streets: Staff is supportive of the connection to the stub street from the south from
Country Terrace Subdivision, The applicant will be responsible for constructing
remaining improvements to S. Country Terrace Place that match the existing
improvements on north, abutting cul-de-sac.
5. The applicant shall modify the plat to include a cross access/parking easement for all lots
within the subdivision,
6. 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 connection to the culinary water system shall be required, If a
single-point connection is utilized, the developer will be responsible for the payment of
assessments for the common areas prior to signature on the final plat by the City
Engineer. An underground, pressurized irrigation system should be installed to all
landscape areas per the approved specifications and in accordance with UDC 11.3A-15
and MCC 9-1-28.
Cope Subdivision AZ-06-037, PP-06-035
PAGE 7
CITY OF MERIDIAN PLANN ING DEP ARlMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19, 2006
7. Floodwav/floodplain: The Ten Mile Drain traverses the western boundary of the site.
The applicant shall provide base flood elevation and floodway data from a professional
engineer licensed in the State of Idaho, All lots that are affected by the flood plain shall
provide Base Flood Certification prior to obtaining building permits.
b. Staff Recommendation: Staff recommends approval of the subi ect applications AZ-06-026
and PP.06-025 with the conditions listed in Exhibit B of the Staff Report for the hearing date
of September 19. 2006. The Meridian Planning and Zoning Commission heard these items on
AU!Ulst 17.2006. At the public hearing they moved to recommend approval.
On September 19. 2006 the Meridian City Council voted to approve the subiect
applications with a reauirement in the Development Ae:reement to extend the entryWav
corridor desie:n standards to all lots on the property.
11. EXHIBITS
A. Drawings
1, Preliminary Plat (dated: June, 2006)
2. Landscape Plan (dated: June 15,2006)
3. Conceptual Site Plan and Elevations (dated: September 13, 2006)
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
C. Legal Description
D. Required Findings from Zoning Ordinance
Cope Subdivision AZ-06-037, PP-06-035
PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19,2006
A. Drawings
1, Preliminary Plat (dated: June, 2006)
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Exhibit A - Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19, 2006
B. Conditions of Approval
1. PLANNrNGDEPARTMENT
1.1 ANNEXATION COMMENTS
Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into
between the City of Meridian, property owner (at the time of annexation ordinance adoption), and
the developer. The applicant shall contact the City Attorney. Bill Nary. at 888-4433 to initiate this
process within 1 g ffieflths 90 days of City Council approval of the annexation request. The DA
shall incorporate the following:
. 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.
. All future development of the subject property shall be constructed in accordance with City
of Meridian ordinances in effect at the time of development.
. 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,
. Prior to issuance of any building pennit, the subject property be subdivided in accordance
with the City of Meridian Unified Development Code.
. All proposed off-site road improvements to S. Country Terrace Place and associated
landscape buffer proposed on the site/landscape plans dated June, 2006 shall be constructed
prior to any certificate of occupancy.
. .^.. 25 fuet wide eemfl'lefcial drive aisle, se',ver, aad water shall be stltbbod to the property
h:Jeated at 130 K Overlafld Read.
. Development of the property shall comply substantially with the conceptual elevations to be
provided by the applicant at the Planning and Zoning hearing and prior to approval of the
preliminary plat by the Commission, Provide Staff with elevations ten (10) days prior to
City Council meetinl!.
. Per UDC 11-3A-19. the all structures within the development aloFle R O'lerlaBQ Read aBd
that faee Mocidian Road (Lets 2 4) shall be subiect to administrative desil!D review and a
Desil!n Review application shall submitted concurrently with the applications for
Certificate of ZoniD!! Compliance.
1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT
1.2.1 The preliminary plat prepared by Munger Engineering Inc" dated June, 2006, is approved, with
the conditions listed herein. All comments/conditions of the accompanying AnnexationlZoning
(AZ.06-037) shall also be considered conditions of the Preliminary Plat (PP-06-035).
122 The applicant shall modify the plat to include a cross access/parking easement for all lots within
the subdivision,
1.2.3 The proposed driveway on East Overland Road shall be right.inlright-out only, Direct lot access
to East Overland Road shall be prohibited and should be noted on the final plat.
Exhibit B - Page I
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19, 2006
1.2.4 Construct South Country Terrace Place as one half of a 41-foot street section within 54-feet of
right-of-way to align with the public stub street from Country Terrace Subdivision to the south
and construct curb, gutter and sidewalk to match existing improvements.
1.2.5 The landscape plan prepared by South Landscape Architecture, P,C" on June 15,2006, is
approved with the following modifications/notes:
. Landscape plans shall be submitted with the Certificate of Zoning Compliance
applications for the development which comply with City Code. Specifically, the
submitted conceptual site plan does not provide landscape islands and associated
vegetation as required by UDC 11-3B-8C2.
. 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,
1.2.6 The applicant shall provide base flood elevation and floodway data from a professional engineer
licensed in the State ofIdaho, All lots that are affected by the flood plain shall provide Base
Flood Certification prior to obtaining building permits.
1,3 GENERAL REQUIREMENTS-PRELIMINARY PLAT
1.3.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuant to UDC 11- 3A-17.
1.3.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8,3), The applicant should be required to utilize any existing surface
or well water for the primary source, If a surface or well source is not available, a single-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
signature on the final plat by the City Engineer. An underground, pressurized irrigation system
should be installed to all landscape areas per the approved specifications and in accordance with
UDC 11-3A-15 and MCC 9-1-28,
1.3.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as
noted in this report, shall be submitted for the subdivision with the final plat application.
1,3.4 The applicant shall submit a detailed fencing plan with the final plat application for the
subdivision, If permanent fencing is not provided, temporary construction fencing to contain
debris must be installed around the perimeter prior to issuance of a building permit. All fences
should taper down to 3 feet maximum within 20 feet of all right-of-way, All fencing should be
installed in accordance with UDC 11-3A-7.
1.3.5 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,
1.3,6 All irrigation ditches, laterals or canals, exclusive of the Ten Mile Stub Drain, intersecting,
crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-
3A-6, unless otherwise approved by Nampa Meridian Irrigation District. Plans will need to be
approved by the appropriate irrigation/drainage district, or lateral users association (ditch
Exhibit B - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19,2006
owners), with written approval or nonpapproval 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.
1.3,7 Staffs failure to cite specific ordinance provlslOns or terms of the approved
annexation/conditional use does not relieve the applicant of responsibility for compliance,
1.3.8 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 the trunk main
located on the west side of the Ten Mile Drain. 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.
2.2 Water service to this site is being proposed via extension of mains in E. Overland Road and S.
Country Terrace. The applicant shall be responsible to install water mains to and through this
development, coordinate main size and routing with Public Works,
2.3 A portion of this site is encumbered by an AE flood zone, the final plat for this development shall
include the Firm map number that shows this flood plain, All lots that are affected by the flood
plain shall provide Base Flood Certification prior to obtaining building permits.
2.4 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.
2.5 The applicant shall provide a 20pfoot easement for all public water/sewer mains outside of public
right of way (include all water services and hydrants).
2,6 The applicant has not indicated who will own and operate the pressure irrigation system in this
proposed development If it is to be maintained as a private system, plans and specifications will
be reviewed by the Public Works Department as part of the construction plan review, A "draft
copy" of the operations and maintenance manual will be required prior to plan approval with the
"final draft" being required prior to final plat signature on the last phase ofthis project
If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be
submitted prior to scheduling of a pre-construction meeting.
2.7 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 final plat by the City Engineer,
2.8 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC
shall be removed prior to signature on the final plat by the City Engineer.
2.9 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,
Exhibit B - Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19,2006
2,10 Per UDC 11- 3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways and the
Ten Mile Drain, 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,
2.1 1 As each lot develops a drainage plan designed by a State ofIdaho licensed architect or engineer is
required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking
areas, Storm water treatment and disposal shall be designed in accordance with Department of
Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for
Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into
surface water is prohibited unless the jurisdiction which has authority over the receiving stream
provides written authorization prior to development plan approval. The applicant is responsible
for filing all necessary applications with the Idaho Department of Water Resources regarding
Shallow Injection Wells.
2,12 Street signs are to be in place, water system shall be approved and activated, and the road base
shall be sufficiently installed to allow for emergency vehicle access, prior to applying for building
permits,
2,13 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.
2.14 Sewer, water, pressurized irrigation, and any life safety development improvement shall receive
final approval prior to occupancy. Other required development improvements, such as fencing,
micropaths, and landscaping may be bonded for prior to obtaining certificates of occupancy,
2.15 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.
2,16 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.17 Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Protection Agency.
2.18 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.19 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.
220 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.
221 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public
residential streets, Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole
shall be required on subdivision entrances and collector roadways, Design ofthe streetlights shall
be approved by the Public Works Department. Decorative lights require a streetlight agreement
on file with Public Works prior to activation. All streetlights shall be installed at subdivider's
expense. Typical locations are at street intersections and/or fire hydrants, and no further than
400' distance in between locations. Final design locations and quantity are determined after
power designs are completed by Idaho Power Company. The street light contractor shall obtain
approval from the Public Works Department, and permit from Building Department prior to
Exhibit B - Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19,2006
commencing installations,
3. FIRE DEPARTMENT
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.
2, Final Approval of the fIre hydrant locations shall be by the Meridian Fire Department
a, Fire Hydrants shall have the 4 12" outlet face the main street or parking lot aisle,
b. The Fire hydrant shall not face a street which does not have addresses on it
c. Fire hydrant markers shall be provided per Public Works specifications,
d, Fire Hydrants shall be placed on comers when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be place 18" above fInish grade.
g. Fire hydrants shall be provided to meet the requirements ofthe IFC Section 509S
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, 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,
4. All entrance and internal roads and alleys shall have a turning radius of28' inside and 48' outside
radius.
5, 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.
6. For all Fire Lanes, provide signage "No Parking Fire Lane",
7. Operational fife hydrants, temporary or permanent street signs and access roads with an all weather
swface are required before combustible construction is brought on site.
8, Commercial and offIce occupancies will require a fire-flow consistent with the International Fire
Code to service the proposed project Fire hydrants shall be placed per Appendix D.
9, Maintain a separation of 5' from the building to the dumpster enclosure.
10. Provide a Knox box entry system for the complex prior to occupancy.
11. The applicant shall work with Planning Department staff to provide an address identifIcation plan
and a sign which meets the requirements of the City of Meridian sign ordinance at the required
intersection(s ),
12, The Fire Dept. has concerns about the ability to address the project and have the addresses visible
from the street which the project is addressed off of. Please contact the Public Works Dept.
Addressing Specialist at 898-5500 to address this concern prior to the public hearing.
13, 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,
14, Provide exterior egress lighting as required by the International Building & Fire Codes,
15. 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
Exhibit B - Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19, 2006
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).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m),
b. 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),
16. There shall be a fire hydrant within 100' of all Fire Department cOIlllections,
17, Buildings over 30' in height are required to have access roads in accordance with Appendix D
SectionD105,
4. POLleE DEPARTMENT
1. The loading areas shall be separated from all public parking areas. Access to R Oveland Road
should not be pennitted,
5. PARKS DEPARTMENT
1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape
Ordinance (UDC 11-3B-l 0) will be followed,
2. Standard Plan for Protection of Existing Trees during Construction: The standard established in
the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed.
6. SANITARY SERVICE COMPANY
1. Please contact Bill Gregory at SSC (888.3999) for detailed review of your proposal and submit
stamped (approved) plans with your certificate of zoning compliance application,
7, ADA COUNTY HIGHWAY DISTRICT
Site Soecific Conditions of Aoproval
1. Restrict the turning movement of the driveway located at the south property line to right-in and
right-out only by means of a center median. The applicant may enter into a road trust with the
district for the actual installation of the median with the intersection project.
2, Construct South Country Terrace Place as one half of a 40-foot street section within 54-feet of
right-of-way complete with vertical curb, gutter and 5-foot attached concrete sidewalk to match
the existing improvements.
3, East Overland Road is classified as a Principal Arterial roadway: all access points to East
Overland Road will be closed except the access specifically approved with this application: direct
lot access to West Overland Road is prohibited and should be noted on the final plat,
4. Comply with District Driveway Policy,
5, Comply with District Tree Planter Width Interim Policy,
6. Comply with all Standard Conditions of Approval.
Standard Conditions of Aoproval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way,
2. Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of-way,
Exhibit B - Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19,2006
3, All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
4. Replace any existing damaged curb, 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.
5. Comply with the District's Tree Planter Width Interim Policy,
District's Tree Planter Width Policy prohibits all trees in planters less than 6-feet in width. In
addition to prohibiting trees in planters less than 6-feet in width, the policy requires a minimum
planter width of 6-feet for class II tress with the installation of root barriers on both sides of the
planter strip or a minimum planter width of 8-feet without the installation of a root barrier. The
policy also requires Class I and Class III trees to provide a minimum planter width of la-feet.
6, 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. All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein, An engineer registered in the
State of Idaho shall prepare and certify all improvement plans,
8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit
(or other required permits), which incorporates any required design changes.
9. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
10, Payment of applicable road impact fees is required prior to building construction in accordance
with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance,
11. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days
prior to 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.
12, No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's 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.
13, Any change by the applicant in the planned use of the property which is the subject ofthis
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subj ect property unless
a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
Exhibit B - Page 7
CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19,2006
C. Legal Description
claiborn ... . waite consultingJlf
engineers & surveyors -
120 N. Curtis Road
Boise,Id. 83706
(208) 376-8555
Fax (208) 429-9862
P.N. 2274
JUNE 13, 2006
ANNEXATION DESCRIPTION FOR
COPE PROPERTY BOUNDARY
A PARCEL OF LAND BEING A PORTION OF TIlE SOUfHWEST QUARTER OF
TIlE SOUTHWEST QUARTER (GOVERNMENT LOT 4) OF SECTION] 8,
TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY,
IDAHO, AND MORE PARTICULARY DESCRIBED AS FOLLOWS:
COMMENCING AT 1HE SOUTHWEST CORNER OF SAID SECTION ]8, THENCE
NORTH 89" 43'32" EAST ALONG TIlE SOUTH BOUNDARY OF SAID SECTION
]8 FOR A DISTANCE OF 174.30 FEET, TO THE REAL POINT OF BEGINNING;
THENCE NORTII 89" 43'32" BAST ALONG SAID soum BOUNDARY FOR A
DISTANCE OF 457,98 FEET;
THENCE NORTH 0"]6'28" WEST FOR A DISTANCE OF 45,00 FEET;
THENCE NORTH 39"3S'14"EAST (FORMERLY SHOWN OF RECORD AS NORlH
39"33'22" EAST) FOR A DISTANCE OF 15,96 FEET;
THENCE NORlH 0045' 10" EAST (FORMERLY SHOWN OF RECORD AS NORlH
0"13' WEST) FOR A DISTANCE OF 368.65 FEET;
THENCE SOUTH 89028'41" WEST (FORMERLY SHOWN Of RECORD AS soum
88"42' WEST) FOR A DISTANCE OF 569.41 FEET;
THENCE SOUTH 52"04'56" EAST (FORMBRL Y SHOWN OF RECORD AS soum
5)"07' EAST) FOR A DISTANCE OF 29.41 FEET;
llIENCE SOUTH 25042' 56" EAST (FORMERLY SHOWN OF RECORD AS SOUTH
26"45' EAST) FOR A DISTANCE OF 60.00 FEET;
THENCE SOUTH 9"02'04" EAST (FORMERLY SHOWN OF RECORD AS soum
10"04' EAST) FOR A DISTANCE OF 300,02 FEET, TO TIIE NORTH RlGHf OF
WAY LINE OF OVERLAND ROAD;
C:\Projects\Cope Property-Van Auker (2274)\Documents\COPE BOUNDARY-
ANNEX.doc.2
Exhibit C
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER J 9, 2006
THENCE soum 00016'28" EAST FOR A DISTANCE OF 54.50 FEET TO taR
REAL POINT OF BEGINNING;
CONTAINING 4,85 ACRES OF LAND, MORE OR LESS,
PREPARED BY:
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C:\Projects\Cope Property. Van Auker (2274)\Documcnts\COPE BOUNDARY-
ANNEX.doc-2
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19,2006
Exhibit C
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19,2006
D. Required Findings from Zoning Ordinance
1. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation
and/or rezone, the Council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive
plan;
The applicant is proposing to zone all of the subject property to C-G, Council fmds that
the proposed zoning map amendment complies with the applicable provisions of the
comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the
Staff Report,
2. The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
Council finds that the proposed C-G zone, if designed, constructed and operated m
accordance with adopted city ordinances, should be harmonious and appropriate m
appearance with the intended character of the vicinity,
3. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
Council fmds that the proposed zoning amendment will not be detrimental to the public
health, safety, or welfare,
4. The map amendment shall not result in an adverse impact upon the delivery of
services by any political subdivision providing public services within the City
including, but not limited to, school districts; and,
Council fmds that the proposed zoning amendment will not result in any adverse impact
upon the delivery of services by any political subdivision providing services to this site.
5. The annexation is in the best of interest of the City (UDC 11-5B-3.E).
Council finds that all essential services are available or will be provided by the developer
to the subject property and will not require umeasonable expenditure of public funds. The
applicant is proposing to develop the land in general compliance with the City's
Comprehensive Plan. This is a logical expansion of the City limits. In accordance with
the findings listed above, Council fmds that Annexation and Zoning of this property to C-
G would be in the best interest of 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:
1. The plat is in conformance with the Comprehensive Plan;
The applicant has not submitted elevations for the proposed commercial business park
The applicant will be required to use the design guidelines for commercial projects along
gateway corridors when designing building facades as detailed in the Annexation
analysis, Council generally supports the proposed plat layout as it complies with the
Exhibit D
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19,2006
provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and
Goals, Section 8, of the Staff Report,
2. Public services are available or can be made available and are adequate to
accommodate the proposed development;
Council finds that public services are available to accommodate the proposed
development. (See Exhibit B of the Staff Report for more details from public service
providers.)
3. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because the developer is installing sewer, water, and utilities for the development at their
cost, Council 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;
The Commission and Council should rely upon comments from the public service
providers (i.e., police, fire, ACHD, etc.) to determine 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
A portion of this site is encumbered by an AE flood zone, Council believes the applicant
should provide base flood elevation and floodway data from a professional engineer
licensed in the State of Idaho to determine whether the proposed development may result
in physical damage to any property. ACHD considers road safety issues in their analysis,
The Commission and Council should reference any public testimony that may be
presented to determine whether or not the proposed subdivision may cause health, safety
or environmental problems of which Council is unaware,
6. The development preserves significant natural, scenic or historic features.
The Ten Mile Drain runs through the western portion of the property and two of the
proposed building lots, The Commission and Council should reference any public
testimony that may be presented to determine whether or not the proposed development
may destroy or damage a natural or scenic feature(s) of major importance of which
Council is unaware,
Exhibit D