HomeMy WebLinkAboutBitterbrush Point Subdivision AZ-06-036 PP-06-034
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
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In the Matter of Annexation and Zoning of 10.94 acres from RUT to R-4 AND Preliminary
Plat Approval for 27 single family residential lots and 4 common lots on 10.94 acres, for
Bitterbrush Point Subdivision, by Majestic, Inc.
Case No(s). AZ-06-036, PP-06-034
For the City Council Hearing Date of: September 19, 2006 (Findings approved 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 (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 hnpact 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-SA.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-036 and PP-06-034 (PAGE 1 of 4)
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description, Preliminary Plat, and the
Conditions of Approval all in the attached Staff Report for the hearing date of 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 March 2006, is hereby conditionally approved; and,
2. The applicant shall extend the micropathway across the Kennedy Lateral to the
subdivision boundary to provide a useable pedestrian connection to the Mussell Comer
Commercial Subdivision.
3. 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 of the approval of the preliminary plat or one (1) year of the
combined preliminary and final plat or short plat. In the event that the development of the
preliminary plat is made in successive phases in an orderly and reasonable manner, and
conforms substantially to the approved preliminary plat, such segments, if submitted
within successive intervals of eighteen (18) months, may be considered for final approval
without resubmission for preliminary plat approval. Upon written request and filed by the
applicant prior to the termination of the period in accord with 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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-036 and PP-06-034 (PAGE 2 of 4)
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 19, 2006
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-036 and PP-06-034 (PAGE 3 of 4)
By action of the City Council at its regular meeting held on the
CJ~6,-- ,2006.
J> r5- day of
COUNCIL MEMBER SHAUN WARDLE
VOTED ~
VOTED ~
VOTED ~
VOTED~
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
TIE BREAKER
MAYOR TAMMYdeWEERD
VOTED
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LLIAM G. BERG, JR., CI Y CLE~K SEAL ~
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Planning Dep '\"",'
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~ubhc Works Department
""" City Attorney
BY:~~
'cnY Clerk's Office
Dated:
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-036 and PP-06-034 (PAGE 4 of 4)
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19, 2006
TO:
Hearing Date: 9/19/2006
Mayor & City Council
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STAFF REPORT
FROM:
Amanda Hess
Meridian Planning Department
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SUBJECT:
Bitterbrush Point Subdivision
· AZ-06-036
Annexation and Zoning of 10.94 acres from RUT (Ada County) to RA (Medium Low-
Density Residential) zone
. PP-06-034
Preliminary Plat of 27 single-family building lots and 4 common lots on 10.94 acres
in a proposed R -4 zone
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Majestic, Inc., has applied for Annexation and Zoning (AZ) of 10.94 acres from RUT (Ada
County) to R-4 (Medium Low-Density Residential) and Preliminary Plat approval of 27 single family residential
lots and 4 common lots for Bitterbrush Point Subdivision. The site has not been previously platted. The site is
located approximately 1.l mile northeast of the Meridian Road / Victory Road intersection in Section 19,
Township 3 North, Range 1 East, B.M., and is currently referenced as Assessor's Parcel Number 81119336100.
2. SUMMARY RECOMMENDATION
The subject applications (AZ-06-036 and PP-06-34) were submitted to the Planning Department for concurrent
review. Staff has provided a detailed analysis and recommended conditions of approval for the requested
Annexation and Zoning and Preliminary Plat applications. The Meridian Planning and Zoning Commission heard
the item on August 3. 2006. At the public hearing they moved to recommend approval to the City Council. On
September 19. 2006. City Council approved the subject applications.
a. Summary of Commission Public Bearing:
i. In favor: Richard Beck (Applicant); Mark Canfield (Developer)
11. In opposition: BJ. Alloway; Christine He1k; Mike Hart; Judy Hart
111. Conunenting: Jim Rosette
IV. Staff presenting application: Amanda Hess
v. Other staff commenting on application: Mike Cole
b. Key Issues of Discussion by Commission:
i. No limitation on housing orientation.
c. Key Commission Changes to Staff Recommendation:
i. Applicant shall install a temporary peak flow storage system.
ii. Current access from Meridian Road shall be utilized as temporary construction access (if
allowed by ITD).
d. Outstanding Issue(s) for City Council:
i. None.
3. PROPOSED MOTIONS
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-06-036
and PP-06-034 as presented in the staff report for the hearing date of September 19, 2006, with the
Bitterbrush Point Subdivision AZ-06-034. PP-06-036
PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19,2006
following modifications to the conditions of approval: (Add any proposed modifications,)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-06-036 and
PP-06-034 as presented during the hearing on September 19, 2006, for the following reasons: (State
specific reasons for denial of the annexation and! or preliminary plat request)
Continuance
After considering all staff, applicant and public testimony, I move to continue File Numbers AZ-06-036
and PP-06-034 to the hearing date of (insert continued hearing date here) for the following reason(s):
(State specific reason(s) for a continuance.)
4. APPLICATION AND PROPERTY FACTS
a, Site Address/Location:
East of Meridian Road and North of Victory Road
Section 19, T3N, RIE
b. Applicant / Owner:
Majestic, Inc.
2000 E. Overland Rd.
Meridian, ill 83642
c, Representative: Shawn Nickel, SLN Planning, Inc.
d. Present Zoning: RUT (Ada County)
e, Present Comprehensive Plan Designation: Low Density Residential
f. Description of Applicant's Request:
1. Date of Preliminary Plat (attached in Exhibit A): March, 2006
2. Date of Landscape Plan (attached in Exhibit A): May 9, 2006
g. Applicant's Statement/Justification: The proposed overall density (2.5 dwellings per acre) of the
project complies with the City's designation of Medium Low-Density Residential R-4 which allows
for densities of up to 4 dwellings per acre. The subdivision will provide landscaped open spaces and a
mix oflot sizes ranging from 9,600 sq. ft, to 25,200 sq, ft.
5. PROCESS FACTS
a, The subject application will, in fact, constitute an annexation and/or rezone as detemtined by City
Ordinance. By reason ofthe provisions of the Meridian City Code Title 11, 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, a public hearing is required before the
City Council on this matter.
c. Newspaper notifications published on: July 17 and July 31, 2006 (Planning Commission);
August 28 and September 11, 2006 (City Council)
d. Radius notices mailed to properties within 300 feet on: July 7,2006 (Planning Commission);
August 25, 2006 (City Council)
e. Applicant posted notice on site by: July 24, 2006 (Planning Commission);
Bitterbrush Point Subdivision AZ-06-034, PP-06.036
PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19, 2006
September 9,2006 (City Council)
6. LAND USE
a. Existing Land Use(s): Vacant land.
b. Description of Character of Surrounding Area: A mix of single family residential; conunercial
enterprises, including an existing plant nursery.
c. Adjacent Land Use and Zoning:
1. North: Residential, zoned RUT (Ada County).
2. East: Observation Point Subdivision, zoned R-4.
3. South / West: Mussell Comer Commercial Subdivision, zoned C-G.
d. History of Previous Actions: N/A
e. Existing Constraints and Opportunities:
1. Public Works
Location of sewer: Bitterbrush Point will COlUlect to an existing sewer line in Meridian
Road.
Location of water: Bitterbrush Point will be serviced via extension of mains in E.
Loggers Pass Street from Observation Point Subdivision.
Issues or concerns: 1) The need for an off-peak pumping station; 2) Revise plat to
include off site sewer main in common lot; and 3) The need for a sewer easement prior to
construction plan approval.
2. Vegetation: N/A
3. Floodplain: N/A
4. Canals/Ditches/Irrigation: No major facilities; the Kennedy Lateral has been tiled adjacent to
this site.
5. Hazards: N/A
6. Proposed Zoning: R-4
7. Size of Property: 10.94 acres
f. Subdivision Plat Information:
1. Residential Lots: 27
2. Non.residential Lots: 0
3. Total Building Lots: 27
4. Common Lots: 4
5. Other Lots: 0
6. Total Lots: 165
7. Open Lots: 0
8. Residential Area: 10.94 acres
9. Gross Density: 2.47 units per acre (3.07 net density)
Bitterbrush Point Subdivision AZ-06-034, PP-06-036
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CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19, 2006
10. Lot Sizes: Lot sizes range from approximately 9,600 square feet to 25,250 square feet. The
average lot size is roughly 12,950 square feet.
g. Landscaping:
1. Width of street buffer(s): N/A. All proposed streets are local residential streets.
2. Width ofbuffer(s) between land uses: N/A. A 25-foot landscape buffer should be provided
between the residential and commercial districts upon development of the commercial
properties to the southwest
3. Percentage of site as open space: 0.81 acres (7.4%)
4. Other landscaping standards: Landscaping adjacent to micro-paths should comply with UDC
11-3B-12.
h. Proposed and Required Non-Residential Setbacks: As per the R-4 zone for attached and detached
single family dwellings.
1. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The sole access to
the development will be from an existing stub street, E. Loggers Pass Street, provided from
Observation Point Subdivision. Observation Point currently has approved direct access from Victory
Road. Additionally, one stub street at the north property line will be constructed to provide
connectivity to the County parcels when they redevelop. ACHD is supportive of the proposal as 10nQ:
as all Site Specific and General Reauirements are met (see Exhibit B.7).
7. COMMENTS MEETING
On July 14, 2006, Planning Staff held an agency comments meeting. The agencies and departments present
include: 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 B.
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 single family residences at densities up to three
dwelling units per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 27
residential building lots on 10.94 acres for a gross density of 2.47 dwelling units/acre. The gross density is within
the range outlined in the Comprehensive Plan, staff fmds that the proposed development is in general compliance
with the Comprehensive Plan. The following Comprehensive Plan policies apply to this application:
. Chapter VII, Goal III, Objective A, Action 1 - 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 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.
Bitterbrush Point Subdivision AZ.06-034, PP-06-036
PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19,2006
. 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 3 - Consider "Accommodating 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.
. 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.
Staff is supportive of the proposed pedestrian connection to the Mussell Corner Commercial Subdivision
via the proposed micropath, as well as the stub street which will provide for pedestrian connectivity with
the county parcels to the north upon their redevelopment.
. 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 developments to the north, northeast,
and east are compatible with the proposal, the lot sizes blend well with that of Observation Point
Subdivision, and that the existing residences to the north, currently zoned RUT, have also been buffered
with appropriately sized lots.
. Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-,
medium., and high.density single family, multi-family, townhouses, duplexes, apartments,
condominiums, etc.) for the purpose of providing the City with a range of affordable housing
opportunities.
The subject application includes a request for the R-4 zoning designation. The subject property is located
adjacent to lands zoned R-4. Staff finds that the requested zoning designation is generally consistent with
the Comprehensive Plan designationfor this site.
. Chapter VI, Goal II, Objective A, Action 6 . Require street connections between subdivisions at
regular intervals to enhance connectivity and better traffic flow.
One stub street will provide cross-access with the properties to the north should a more dense
development be proposed at said sites in the future.
9. ZONING ORDINANCE
Bitterbrush Point Subdivision AZ-06-034, PP-06-036
PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19, 2006
a. Zoning Schedule of Use Control: UDC 11-2A-2lists single-family developments as a Permitted Use in
the R-8 zone.
b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of
housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of
Meridian water and sewer systems is a requirement for all residential districts. Residential districts are
distinguished by the allowable density of dwelling units per acre and corresponding housing types that
can be accommodated within the density range.
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 Unified Development Code, staff believes
that this is a good location for the proposed single-family development. Please see Exhibit D for detailed
analysis of the required facts and findings for annexation.
The annexation legal description submitted with the application (prepared on May 1, 2006, by James R.
Washburn, PLS) shows the property as contiguous to the existing corporate boundary of the City of
Meridian.
PRELIMINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive
Plan and the general compliance of the proposal with the Unified Development Code, staff believes that
this is a good location for the proposed single-family residential development. Please see Exhibit D for
detailed analysis of facts and findings for a preliminary plat.
1. Access: Residents will enter Observation Point Subdivision via Victory Road and head northwest
along E. Observation Drive, north along S. Andros Way, and then west on E. Loggers Pass Street to
access Bitterbrush Point Subdivision. E. Loggers Pass Street is currently a 36' -wide stub street
provided by Observation Point and will serve as the sole access to the 27 homes within the proposed
subdivision.
2. Internal Streets: Internal streets sections are proposed to be at least 34-feet wide with 5.foot wide
attached sidewalks. Cul-de-sacs are proposed with a turning radius of 29.5' inside and 45' outside.
The proposed desilnl of the cul-de-sacs does not meet the Fire Department's requirements for access.
The Fire Department requires all cul-de-sacs to have a turning radius of 28' inside and 48' outside
radius. Additionallv. the proposal does not meet AClID's road desilnl standards. ACHD requires 36-
foot street sections. with 50 feet of right-of~wav. and curb. gutter. and 5-foot attached concrete
sidewalk.
3. Parking: No on~street parking shall be allowed within the cul-de-sacs. Vehicles shall be parked in
garages, driveways, or along public roads with the subdivision, but not within cul-de-sacs. The cul-
de-sacs shall be signed as "No Parking" as per the Meridian Fire Department's comments.
4. House Orientation: Staff has concerns about the orientation of homes on several of the lots within the
proposed subdivision. Upon examination of a plat, the configuration of like yards should match, i.e. a
side yard should abut a side yard. Therefore, staff recommends that the orientation of the homes on
the flag lots and Block 1 be restricted as follows: the home on Lot 1, Block 1, should be oriented to
the southwest; the homes on Lots 2-4, Block 1, should be oriented to the north; the homes on Lots 5
& 6, Block 1, should be oriented to the east; the homes on Lot 3, Block should be oriented to the
northeast, in a similar manner to Lots 5-12, Block 2; and the home on Lot 14, Block 2, should be
oriented to the south, to match the yards of Lots 15-20, Block 2.
Bitterbrush Point Subdivision AZ-06-034, PP-06-036
PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19, 2006
5. Common Areas / Open Space: The applicant has provided 0.81 acres (7.4%) of landscaped open
space, meeting the 5% minimum required by UDC 11-3G-3A-1. The majority of the open space is
passive in nature and provided in the form of landscaping within the Kennedy Lateral canal easement.
The applicant is also proposing some open space/common areas in the center of the cul-de-sacs, and
within one micropath lot. All common areas approved as open space shall be vegetated and usable by
residents. Maintenance of all common areas shall be the responsibility of the Bitterbrush Point
Homeowners Association.
6. Micropaths: One micropath connection is proposed to the Mussell Comer Development to the
southwest. As the Kennedy Lateral is currently piped is this location, this will provide for good
pedestrian access from the residential development to the commercial development to the southwest.
All micro-paths shall be constructed in accordance with UDC 11-3A-8. Landscaping adjacent to all
micro-paths should comply with UDC 11-3B.
7. Landscaoilll! Islands: The Public Works Department does not allow manholes or water valves in
landscape islands. Water mains and / or sewer mains shall be routed around the landscape islands to
accommodate the proposed landscaping.
8. Pressure Irril!ation: 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.
9. Fencinl!: Excepting where fencing currently exists along the northern and eastern boundaries,
perimeter fencing is not shown on the submitted landscape plan or preliminary plat. At the public
hearing, the applicant should state whether or not permanent fencinl! is proposed around the
develooment. The applicant should submit a detailed fencing plan with the fmal 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 pennit. All perimeter
fencing must be completed prior to issuance of building pennits. Fencing should taper down to a 3
foot maximum within 20 feet of all rights-of-way. Fencing adjacent to all micropaths is also required,
and is shown on the landscape plan. All fencing shall be installed in accordance with UDC 11.3A-7.
10. Ditches. Laterals, and Canals: As per UDC 11-3A-6, all irrigation ditches, laterals or canals,
exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie
within the area being subdivided shall be covered.
11. Tree Mitil!ation: Any existing, on-site 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 those
removed. Required landscaping trees will not be considered as replacement trees for those that are
removed. The applicant should coordinate a mitigation plan with Elroy Huff at the Meridian Parks
Department.
b. Staff Recommendation: Based on the above analysis, staff finds that applications AZ-06-036 and PP-06-
034 substantially conform to the Comprehensive Plan policies and UDC standards. Staff recommends
approval of said AZ and PP applications subject to the conditions listed in Exhibit B. On August 3, 2006,
Bitterbrush Point Subdivision AZ-06-034, PP-06-036
PAGE 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19,2006
the Meridian Planning and Zoning Commission voted to recommend approval of the subiect applications.
On September 19. 2006. the City Council approved the subject applications.
11. EXHmITS
A. Drawings
1. Vicinity Map
2. Preliminary Plat (Dated: March 2006)
3. Landscape Plan (Dated: May I, 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
8. Central District Health Department
C. Legal Description
D. Required Findings from Zoning Ordinance
Bitterbrush Point Subdivision AZ-06-034, PP-06.036
PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19,
2006
A. Drawings
1. Vicinity Map
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19,
2006
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER ]9,
2006
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3. Landscape Plan (Dated: May I, 2006)
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19,
2006
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 ANNEXATION COMMENTS
I.!.! The annexation legal description submitted with the application (dated May I, 2006, stamped by
James R. Washburn, PLS) shows the property as contiguous to the existing corporate boundary of
the City of Meridian.
1.1.2 Any future subdivision, uses, and construction on this property shall comply with the City of
Meridian ordinances in effect at the time of submittal.
1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT
1.2.1 The preliminary plat labeled as Sheet I, prepared by Engineering NorthWest, LLC, dated March
2006, is approved, with the conditions listed herein. All comments and provisions of the
accompanying Annexation and Zoning application (AZ-06~036) and any future development
agreement shall also be considered conditions of the Preliminary Plat (PP-06-034).
1.2.2 The landscape plan prepared by The Land Group, Inc., on May I, 2006, and labeled Sheet Ll.O is
approved with the following modifications/notes:
. Provide 0.81 acres (7.4% of the site) for common open space.
. The micropath connection, otherwise known as Lot II, Block 2, of the Bitterbrush Point
Subdivision, shall be constructed as ShOV;R OR the landseape plaR. shall be extended
across the Kennedv Lateral to the subdivision boundary to provide a useable
pedestrian connection to the Mussell Corner Commercial Subdivision. Also provide
landscaping adjacent to the micropath in accordance with UDC 11-3B-12. Provide
fencing adjacent to micro-paths as required by UDC 11-3A-7 A-7a.
. Provide landscaping within the cul-de-sac islands, as proposed.
. Coordinate a tree mitigation plan with Elroy Huff of the Meridian Parks Department.
. A written certificate of completion shall be prepared by the landscape architect, designer,
or qualified nurseryman responsible for the landscape plan and submitted prior to City
Council signature of the Final Plat.
The landscape plan is not to be altered without approval of the Planning and Zoning Department.
No field changes to the landscape plan are pennitted. All standards of installation shall apply as
listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above,
with the final plat application(s).
1.2.3 Provide a stub street to Edmonds Subdivision (Ada County) to the north, as depicted on the
preliminary plat.
1.2.4 Re~design the cul-de-sacs to meet the Meridian Fire Department's requirement of 28' inside /
48'outside turning radius, while still maintaining the integrity / intent of the landscape islands. No
parking signs shall be installed around the cul-de-sacs.
1.2.5 Dedicate and construct all internal roadways as 34- and 36-foot street sections, with 50 feet of
right-of-way, with curb, gutter and 5-foot attached concrete sidewalk to meet ACHD's road
design standards.
1.2.6 The heme OR Let I, Bleek I, shall be eriented to the sol:lthwest; the homes OB Lots 2 4, Bloek I,
shall be orieBted to the BOrth; the homes OB Lots 5 &, 13, Block I, shall be oriented to the east; the
heme efl. Let 3, Bleek 2, shall be erieated te the liortheast, ifl. a mafll'ler siB'l:i.lar to that of Lots 5
12, Bloek 2; aBd, the home OR Lot 14, Block 2, shall be oriented to the south.
Exhibit B
1.2.7
1.2.8
1.2.9
1.2.10
1.2.11
1.3
1.3.1
1.3.2
1.3.3
1.3.4
1.3.5
1.3.6
1.3.7
1.3.8
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19,
2006
If approved bv the Idaho Transportation Department (nD). the current road access to the subiect
property from Meridian Road shall be utilized as a temporary construction access in order to
minimize travel through Observation Point Subdivision.
All homes within the subdivision shall contain at least 1,400 square feet of living area, exclusive
of garages.
All lot lines common to a public right-of-way shall reserve a 10' utility easement.
Maintenance of all common areas shall be the responsibility of the Bitterbrush Point Subdivision
Homeowners Association.
Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, and
waterways being used as amenities, 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 construction plan approval. If lateral users association approval
can not be obtained, alternate plans will be reviewed and approved by the City Engineer.
GENERAL REQUIREMENTS-PRELIMINARY PLAT
Sidewalks/walkways shall be installed within the subdivision and on the perimeter of the
subdivision pursuant to UDC 11-3A-17.
The applicant shall comply with the outdoor lighting standards shown in UDC I 1-3A-l 1.
The applicant has indicated that the Nampa / Meridian Irrigation District will own and operate the
pressurized irrigation system within this development. 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.
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. 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 applicant shall submit a fencing plan with the [mal 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 pennit. All fences shall taper down
to 3 feet maximum within 20 feet of all right-ofpway. All fencing should be installed in
accordance with UDC 11-3A-7.
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.
Staff's failure to cite specific ordinance provisions or terms of the approved
annexation/conditional use does not relieve the applicant of responsibility for compliance.
Preliminary plat approval shall be subj ect to the expiration provisions set forth in UDC 11-6B-7.
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19,
2006
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is being proposed via extension of mains in Meridian
Road. 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 The applioant shall be respoFlsible to install a tempofary off peak pumping statioFl in a location
eoenliFlated with the P1:1blie "\" erks Department. The statieFl design and oapaeity shall be
coordiflated with the Public Works Departmem. The desigFl shall iFlel1:lde comm1:lmeatioFl
e~abilities that are consistent '.'lith the City of Meridian's sew.'\. system. If new informatieFl
arises from oflgeiFlg modeling exercises or other soosequeat sources, thoo. this 0OFldition may bo
reseinded by the City Engifleer.
2.3 The applicant shall be resoonsible to install a temporary "Peak Flow Storage Svstem" in a
location coordinated with the Public Works Department. The system design shall also be
coordinated with the Public Works Department and shall include. at minimum, the following;
. Storage caoabilities of 100 gal. per ERU.
· Communication capabilities consistent with the City of Meridian's SCADA system.
. Odor controlling capabilities, which may either be installed or bonded for.
. The ability to program and control times of discharge.
If new information arises from ongoing modeling exercises or other subsequent sources. then this
condition mav be rescinded by the City Engineer.
2.4 The sewer main is being shown routed through Lot 13 Block 2. Public Works requires that mains
such as this be installed in a common lot. The applicant shall revise the plat so that the sewer
main is installed in a common lot which is a minimum of 20-feet wide.
2.5 Sewer manholes and water valves shall not be allowed to be installed in landscape islands. If
sewer or water mains are routed under the islands than no large landscaping shall he allowed
within them.
2.6 Water service to this site is being proposed via extension of mains in Observation Point
Subdivision. The applicant shall be responsible to install water mains to and through this
development, coordinate main size and routing with Public Works.
2.7 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 finalized prior to construction plan approval. The detailed agreement
with the reimbursable amount shall be approved by Council prior to plat signature.
2.8 Prior to construction plan approval the applicant shall submit a signed easement for the plalUled
sewer main located off of the subject property.
2.9 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).
2.10 A fourteen.foot wide all weather access road shall be built to allow access to all sewer manholes
not located within the right-of-way.
2.11 With the final plat submittal, the applicant shall dedicate a 10-foot wide public utilities, drainage,
and irrigation easement along all rear lot lines, the boundary of the subdivision, and centered on
interior lot lines.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19,
2006
2.12 The applicant has indicated that the pressurized irrigation system in this development is to be
owned and operated by the Nampa and Meridian Irrigation District, therefore a letter of plan
approval shall be submitted prior scheduling of 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 final plat by the City Engineer.
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 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 he used for non-
domestic purposes such as landscape irrigation.
2.16 Per UDC 11-3A-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.
2.17 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.
2.18 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.
2.19 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.
2.20 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.
2.21 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.
2.22 Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Protection Agency.
2.23 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.24 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.
2.25 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.
2.26 The engineer shall be required to certify that the street centerline elevations are set a minimum of
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19,
2006
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least I-foot above.
2.27 One hundred watt, high-pressure sodium 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
3.1 One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for
duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet
apart. International Fire Code Appendix C.
3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and
water quality by the Meridian Water Department for bacteria testing.
3.3 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 comers when spacing pennits.
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 of the 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 project.
3.4 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.
3.5 All entrance and internal roads, alleys, and cul-de-sacs shall have a turning radius of 28' inside
and 48' outside radius.
3.6 No on-street parking shall be allowed along the cul-de-sacs. Vehicles shall be parked in garages,
driveways, or along public roads with the subdivision. The cul-de-sacs shall be signed as "No
Parking. "
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 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.
3.9 The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost of this installation is to be
borne by the developer.
3.10 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
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19,
2006
4.1 All interior fencing shall allow visibility from the street or shall not exceed four feet in height if
solid fencing is used.
4.2 The micropath shall be adequately lit to afford greater visibility of the site as policed from the
public street.
5. PARKS DEPARTMENT
5.1 Standard for Mitigation of Trees: The standard established in the City of Meridian Landscape
Ordinance (UDC 11-3B-1O) will be followed.
5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in
the City of Meridian Landscape Ordinance (UDC 11-3B-1O) will be followed.
6. SANITARY SERVICE COMPANY
6.1 SCC has no comments related to this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1. SITE SPECIFIC REQUIREMENTS
7.1.1 Dedicate and construct the internal roadways as 36-foot Street Sections, with 50-feet of right-of-
way, complete with curb, gutter and 5-foot attached concrete sidewalks.
7.1.2 Construct a stub street to the north, South Forrester Avenue, located approximately 152-feet west
of the east property line (measured property line to centerline). A sign shall be installed at the
tenninus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE
FUTURE. "
7.1.3 Construct the two knuckles with islands, as proposed, with no less than 29-feet of pavement on all
sides of the islands and 45-foot turning radii.
7.1.4 Comply with all Standard Conditions of Approval.
7.2 GENERAL REQUIREMENTS
7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way.
7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of-way.
7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.4 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.
7.2.5 Comply with the District's Tree Planter Width Interim Policy.
7.2.6 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.
7.2.7 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.
7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building pennit
(or other required pennits), which incorporates any required design changes.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19,
2006
7.2.9 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.
7.2.10 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.
7.2.11 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.
7.2.12 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.
7.2.13 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 approvals 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.
Exhibit B
CiTY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006
C. Legal Description
EnKineering North West, Ld.A.
423 N, Ancestor Place, Suire J 80 Bnj5c, Tdaho 83704
(208) 376-5000. Fax (lOB) 376-5556
Project No. 05-004-0t
Date: May 1, 2006
BITTERBRUSH POINT SUBDIVISION
ANNEXATION AND REZONE DESCRIPTION
A parcel ofland located in a portion of Govemment Lot 4, Section 19, T. 3 N" R 1 E.,
a.M., Ada County, Idaho. more particularly described as follows:
Commencing at the section comer common to Sections 19 and 30 of said T. 3 N., R- 1 E.,
and Sections 24 and 25 ofT. 3 N., R 1 W" B.M.;
Thence North 00055'37" East, 2661.02 feet on the section line common to said Sections
19 and 24 to the 1/4 section comer common to said Sections 19 and 24;
Thence reversing direction. South 00055'37" West, 1330.65 feet on the section line
common to said Sections 19 and 24 to 1be .northwest comer of Government Lot 4 of said
Section 19;
Thence leaving said section line, South 89059'45" East, 232.00 feet on the northerly
boundary line of said Government Lot 4 and on the southerly boWldary line of Edtn.onds
Subdivision. as same is shown on the Plat thereof recorded in Book 33 of Plats at Page 2050 of
Ada County Records to a point being 10.00 feet easterly of the centerline of the Kennedy Lateral,
as described in Deed Instrument No. 7608075 of Ada County Records, said point also being the
REAL POINT OF BEGINNING;
Thence South 89059'45" East, 894.69 leet on the northerly boundary line of said
Government Lot 4 and the southerly boundary line of Edmonds Subdivision to the nor/hea,,,!
comer of said Government lot 4, said point also being the northwest comer of Observation Point
Subdivision, as same is shown on the Plat thereof recorded in Book 84 ofPlllU at Page 9276 of
Ada County Records;
Thence South 00"46'12" West, 894.64 feet on the easterly boundary line of said
Government 1014 and the westerly bOWldary line of said Observation Point Subdivisi()n to a
point being to.OO feet north of the centerline of the said Kennedy Lateral;
Thence leaving said boundary line, North 53c05'22" West.. 285.31 feet, said line being
10.00 feet northerly of and parallel with the centedim: of the said Kennedy Lateral;
Thence on a line being 10.00 feet northerly of and parallel with the centerline oflhe
Kennedy Lateral for the following courses and distances:
!Hlctb,.,uh !Xl",! Sub, /\'Jln<~atil"'.l1.<_< Do.,\<,,,",,
PoS" I. Dn
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20,2006
Thence North 50028'28" West, 558.77 feet to a point of curve;
Thence 438.42 feet O.ll the Me of a curve to the right, said curve having a radius of 655.00
feel, a centr,d angle of 38021'02" and 11 chord distance of 430.28 feet which bears
North 31017'57" West (fonnerly deseribed as 438A3 feet of Me, a central angle of38'21'05" and
a chord distance of 430.29 feet) to the real poim of beginning. Said parcel contains 10.94 acres
more or Jess.
PREPARED BY:
Engineering NorthWest, LLC
James R. Washburn, PLS
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Exhibit C
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20,2006
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CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 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 RA. 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
this Staff Report.
2. The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
Council finds that single.family residential uses are allowed within the requested zoning
district of R-4 as a Principally Permitted Use. The accompanying plat demonstrates the
land will be developed with varying lot sizes and other dimensional requirements which
conform to the proposed zoning designation.
3. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
Council finds that the proposed zoning amendment will not be detrimental to the public
health, safety, or welfare. Staff recommends that Council rely on any oral or written
testimony that may be provided when determining this finding.
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 delivery of services by any political subdivision providing services to this site, as
conditioned in the staff report.
5. The annexation is in the best of interest ofthe City (UDC 11-5B-3.E).
Council finds that all essential services will be provided by the developer to the subj ect
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;
and this is a logical expansion of the City limits. In accordance with the findings listed
above, Council finds that Annexation and Zoninl! of this property to R -4 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;
Council fmds that the proposed application is in substantial compliance with the adopted
Comprehensive Plan. Staff supports the proposed density and proposed plat layout, with
Exhibit D
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20,2006
recommended changes, as they comply with the 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 can be made available to accommodate the proposed
development. (See Finding Items 3 and 4 above under Annexation Findings for more
details.)
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
own 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;
Staff recommends that Council rely upon comments from the public service providers
(i.e., Police, Fire, ACHD, etc.) to detennine this fmding. (See Exhibit B, Agency
Comments and Conditions, for more detail.)
5. The development will not be detrimental to the public health, safety or general
welfare; and
Staff is not aware of any health, safety, or environmental problems associated with the
development of this subdivision that should be brought to Council's attention. ACHD
considers road safety issues in their analysis. Staff recommends that Council reference
any public testimony that may be presented to detennine 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.
Staff is unaware of any natural, scenic, or historic features on this site. Staff recommends
that the 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 major importance of which staff is unaware. Therefore, 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
Exhibit D