HomeMy WebLinkAboutBellabrook Subdivision AZ-06-040 PP-06-038
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
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In the Matter of Annexation and Zoning of 4.38 acres from RUT (Ada County) to R-8
(Medium Density Residential) AND Preliminary Plat approval for 20 single-family
residential building lots and 5 common lots on 4.38 acres in a proposed R-8 zone, by JE
Development, Inc.
Case No(s). AZ-06-040 and PP-06-038
For the City Council Hearing Date of: September 19, 2006 (findings 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. g67-6503).
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 g
11-5A.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-040 and PP-06-038
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 S 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 July 20th, 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 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 II-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-06-040 and PP-06-038
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 Pinal 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 g 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-06-040 and PP-06-038
By action of the City Council at its regular meeting held on the
&'.c./z? t;.""... , 2006.
-'7,L
cr - day of
VOTED~
VOTED~
VOTED#^-
VOTED ~
COUNCIL MEMBER SHAUN WARDLE
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
TIE BREAKER
MAYOR TAMMY de WEERD
VOTED
ATTEST:
Copy served upon: V
B~lU
lty Clerk's Office
Dated: \ crq .. OL,
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-040 and PP-06-038
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19, 2006
"
STAFF REPORT
TO:
FROM:
Hearing Date: 9/19/2006
Mayor & City Council
Jenny Veatch
Associate City Planner
Meridian Planning Department
208-884-5533
I "WI J~
olfe;~;lil;;l
9/19/2006
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SUBJECT:
Bellabrook Subdivision
AZ-06.040
Annexation and Zoning of 4.38 acres from RUT (Ada County) to
R.8 (Medium Density Residential).
PP-06-038
Preliminary Plat approval of 20 single-family residential building lots and 5
common lots on 4.38 acres in a proposed R-8 zone, by JE Development, mc.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, JE Development Inc., has applied for Annexation and Zoning (AZ) to R-8
(Medium Density Residential) for 4.38 acres of property currently zoned RUT in Ada County.
The applicant is also asking for preliminary plat approval of 20 single family residential lots and
5 common lots on 4.38 acres. The site is located south of Franklin Road and east of Locust Grove
Road. Currently, there is a single-family home and associated outbuilding on this site. The
existing structures will be removed.
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 Bellabrook Subdivision (AZ-06-040 and PP-06-038)
with the conditions listed in Exhibit B of the Staff Report. The Meridian Planning and Zoning
Commission heard these items on August 3, 2006. At the public hearing they moved to
recommend approval. On September 19. 2006 the Meridian City Council voted to approve
the subject applications.
a. Summary of Public Hearing:
1. In favor: Ross Erickson
ii. In opposition: None
111. Commenting: Rod Cullip
lV. Staff presenting application: Jenny Veatch
v. Other staff commenting on application: Caleb Hood
b. Key Issues of Discussion by Commission:
i. Whether the proposed R-8 zoning makes a good transition from R-4 and the
surrounding rural surrounding properties, when this property is shown as Mixed-
Use on the Future Land Use Map;
ii. Feasibility of building and maintaining a fence and micropath in a floodway;
c. Key Commission Changes to Staff Recommendation:
i. Delete condition of approval 3.7. regarding common driveways and tuming radii.
d. Outstanding Issue(s) for City Council:
i. None
Bellabrook Subdivision AZ-06-040IPP-06-03 8
PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19, 2006
3. PROPOSED MOTION (to be considered after the public hearing)
Recommend Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-
06-040 and PP-06-038 as presented in staff report for the hearing date of September 19, 2006
with the following modifications: (Add any proposed modifications.)
Recommend Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-
06-040 and PP-06-038 as presented during the public 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.)
Continuance
I move to continue File Numbers AZ-06.040 and PP.06-038 to the hearing date of (insert
continued hearing date here) for the following reason(s): (You should state specific reason(s) for
continuance. )
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location: 300 S. Locust Grove Road; south of Franklin Road and east of
Locust Grove Road in Section 17, Township 3 North, Range 1 East
b. Owners:
JE Development, LLC
1854 E. Lanark Street
Meridian, ill 83642
c. Applicant:
JE Development, Inc.
1854 E. Lanark Street
Meridian, ill 83642
d. Representative: Ross Erickson, Erickson Civil, Inc.
e. Present Zoning: RUT (Ada County)
f. Present Comprehensive Plan Designation: Mixed Use Community
g. Description of Applicant's Request: The applicant is requesting concurrent approval for
Annexation and Zoning of the subject 4.38 acres to R-8 and Preliminary Plat approval of20
single-family buildable lots and 5 common lots. All of the homes within the development are
proposed to be single-family detached, with 18 homes sharing common driveways. The
average lot size in the proposed development is 4,961 square feet. The gross density ofthe
project is 4.57 dwelling units per acre. Approximately 18.3 percent ofthe site is being set
aside for useable open space.
1. Date of preliminary plat (attached in Exhibit A):
2. Date oflandscape plan (attached in Exhibit A):
July 20th, 2006
July 20th, 2006
BelIabrook Subdivision AZ-06-040/PP-06-038
PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER J9, 2006
5. PROCESS FACTS
a. The subject application will in fact constitute an annexation as determined by City Ordinance.
By reason of the provisions ofthe Meridian City Code Title 11 Chapter 5, a public hearing is
required before the City Council on this matter.
b. The subject application will in fact constitute a preliminary plat as determined by City
Ordinance. By reason ofthe provisions ofthe Meridian City Code Title 11 Chapter 5, a public
hearing is required before the City Council on this matter.
c. Newspaper notifications published on: July 17th and July 31 s" 2006 (for P & Z
Commission hearing) and August 28th and September 11 th, 2006 (for City Council hearing)
d. Radius notices mailed to properties within 300 feet on: July 7th, 2006 (for P & Z
Commission hearing) and August 25th, 2006 (for City Council hearing)
e. Applicant posted notice on site by: July 24th, 2006 (for P & Z Commission hearing)
and September 7t\ 2006 (for City Council hearing)
6. LAND USE
a. Existing Land Use(s): There is one single.family home and an associated outbuilding on this
site. The existing structures are to be removed.
b. Description of Character of Surrounding Area: This area contains a wide variety of uses
in the city and a mix of rural parcels in Ada County.
c. Adjacent Land Use and Zoning:
1. North: Commercial, zoned C-N and LDS Church, zoned RUT (Ada County).
2. East: 2 acre residential parcel and 3 acre parcel bare land, zoned R-l (Ada
County)
3. South: Woodbridge Subdivision, zoned R-4
4, West: Light Office (LO) and rural residential parcels.
d. History of Previous Actions: None
e. Existing Constraints and Opportunities:
1. Public Works:
Location of sewer: This property is proposing to sewer to mains located in
Locust Grove Road.
Location of water: This property is proposing water service to mains located in
Locust Grove Road.
Issues or concerns: Flood plain on the back of this property.
2. Canals/Ditches Irrigation: There are a few irrigation ditches and drains that
traverse through or adjacent to this site. All open irrigation ditches, laterals and
canals, should be tiled when this property develops.
3. Hazards: AE flood plain along the eastern boundary of this site.
4. Proposed Zoning: R-8 (Medium Density Residential)
5. Size of Property: 4.38 acres
Bellabrook Subdivision AZ-06-040/PP-06-038
PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19, 2006
f. Subdivision Plat fuformation:
1. Residential Lots: 20
2. Non-residential Lots: 0
3. Total Building Lots: 20
4. Conunon Lots: 5
5. Other Lots: 0
6. Total Lots: 25
7. Gross Density: 4.57 units per acre (net density is 6.02 d.u.lacre)
8. Minimum House Size: Not provided
g. Landscaping
1. Width of street buffer(s): 25 feet
2. Width ofbuffer(s) between land uses: N/A
3. Percentage of site as open space: 1.05 acres/24%, 0.80 acres!18.3% useable open
space,
4. Other landscaping standards: UDC ll-3A.8D requires pathways have easements at
least fifteen feet (15') in width in accord with Section l1-3B-12 landscaping
requirements of this Title.
h. Amenities: Common lots with landscaping, and multi-use pathway.
i. Off-Street Parking: UDC 4-3C-6 requires single-family detached dwellings to have 2
enclosed parking spaces (a garage) and a 20' x 20' parking pad in front of each garage.
J. Proposed and Required Residential Standards:
R-8
Setbacks (in feet) Proposed
Front Living Area (to sidewalk) 15
Side Accessed Garage (to sidewalk) 20
Side 4
Rear 12
Frontage with shared driveway 40
Lot Size with shared driveway 4,000
k. Proposed and Required Non-Residential: N/A
Required
15
20
4
12
40
4,000
1. Summary of Proposed Streets and/or Access: The applicant is proposing to construct
internal streets with 34-foot wide street sections (measured back to back) with rolled curb,
gutter and contain 5.foot wide attached sidewalks. The applicant is also proposing to construct
a center landscape island, with 21.foot street sections on either side, near the intersection of
Locust Grove Road and the proposed entry road E. Kalispell Drive. The proposed entry road
will align with an access point to the west, across Locust Grove Road. There is one public
street proposed to the east. The right-of-way for S. Torino Avenue will extend to the east
Bellabrook Subdivision AZ-06-040IPP-06-038
PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19, 2006
property line to provide future connectivity to the adjacent parcel. Staff is generally supportive
of the proposed street system. ACHD has submitted comments and conditions for this project,
which are included in Exhibit B.
7. COMMENTS MEETING
On July 14, 2006, ajoint agency and departments meeting was held with service providers in this
area. The agencies and departments present include: Meridian Fire Department, Meridian Parks
Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary
Services Company. Staffhas included comments, conditions and recommended actions in
Exhibit B below.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Mixed Use Conununity" on the Comprehensive Plan Future Land
Use Map. Medium density residential areas are compatible with this designation and are
anticipated to contain three to eight dwellings per acre (see Page 95 of the Comprehensive Plan.)
The proposed Preliminary Plat includes 20 single-family lots on 4.38 acres for a gross density of
4.57 dwelling units/acre. The proposed density complies with the anticipated density for this area.
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
subject property. The City of Meridian plans to provide municipal services to the lands proposed
to be annexed in thefollowing manner:
. Sanitary sewer and water service will be extended to the project at the developer's
expense.
. The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District.
Once annexed the lands will be under the jurisdiction of the Meridian City Fire
Department, who currently shares resource and personnel with the Meridian Rural Fire
Department.
. The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office.
Once annexed the lands will be serviced by the Meridian Police Department (MPD).
. The roadways adjacent to the subject lands are currently owned and maintained by the
Ada County Highway District (ACHD). This service will not change.
. The subject lands are currently serviced by the Meridian School District #2. This sen'ice
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 stiffer no revenue loss as a
result of the suqject 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
Bellabrook Subdivision AZ-06-040/PP-06-038
PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER J 9, 2006
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. The
applicant is proposing a multi-use pathway that will connect to the future master pathway
planned along Five Mile Creek. Staff believes that the subject applications comply with the
policies listed in the literature noted above.
Chapter VI, Goal II, Objective A, Action 6 - Require street connections between subdivisions at
regular intervals to enhance connectivity and better traffic flow.
The submitted preliminary plat proposes to align an entry road, E. Kalispell Drive, with an
existing access on the west side of Locust Grove Road. The applicant also proposes one public
street to the parcel to the east zoned R-. The right-o.fwayfor S. Torino Avenue will extend to the
east property line to provide future connectivity to the adjacent parcel, which staff anticipates
will develop in the near future. Staff believes that the applicant has done an adequate job of
providingfor future connectivity to the east and west.
Chapter VI, Goal II, Objective A, Action 13 - Review new development for appropriate
opportunities to connect to local roads and collectors in adjacent developments.
See analysis above.
Chapter VII, Goal I, Objective D, Action 9 - Require new residential development to provide
permanent perimeter fencing to contain construction debris on site and prevent windblown debris
from entering adjacent agricultural and other properties.
The applicant is proposing to construct a six-foot tall closedfence around the boundary of this
development. There is existing fence from the LDS Church parcel and the parcel to the east.
There should be no new 6-foot solid fence constructed along the northeastern open space lot.
Prior to house construction, fencing should be constructed around the perimeter of this site. See
Analysis below and Exhibit B for more information.
Chapter VI, Goal II, Objective A, Action 5 - Require pedestrian access connectors in all new
development to link subdivisions together to promote neighborhood connectivity as part of a
community pathway system,
The applicant is proposing to constructfive{'oot wide sidewalks attached to all o/the proposed
streets. These will provide internal access and to the property to the east. In addition, the
applicant proposes a ten-foot wide multi-use pathway along the Five Mile Creek, which will
promote fUture connectivity to the future pathway system. Staff is supportive of the proposed
pedestrian connections.
Chapter VII, Goal N, Objective C, Action 6 - Require pedestrian access in all new development
to link subdivisions together and promote neighborhood connectivity.
See above.
Chapter VII, Goal N, Objective C, Action I - Protect existing residential properties from
incompatible land use development on adjacent parcels.
Bellabrook Subdivision AZ.06-040/PP-06-038
PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19,2006
The applicant is proposing a residential zone. Staff.finds that the proposed and existing mixed
uses in the area are compatible with the proposed development.
Chapter VII, Goal I, Objective D, Action 8 ~ Require new urban density subdivisions which abut
or are proximal to existing low density residential land uses to provide landscaped screening or
transitional densities with larger, more comparable lot sizes to buffer the interface between urban
level densities and rural residential densities.
The applicant is proposing to construct a six-foot tall privacy around this development. The
applicant is also proposing a large amount of open space on this site that is adjacent to the rural
parcels to the northeast. The common open space lot should be left open. Most of the future and
current development in the area and on the perimeter of the development is commercial or
medium to low density residential. Staff recommends that the Commission and Council rely on
any written or verbal testimony provided from neighbors when determining if additional
screening or more transition in density is appropriate.
9. UNIFIED DEVELOPMENT CODE
a. Schedule of Uses: Unified Development Code (UDC) 11-2-1 lists single-family detached
homes as pennitted uses in the R-8 zoning district.
b. Purpose Statement of Zone:
R -8 Medium Density Residential: The purpose of the residential districts is to provide for
a range of housing opportunities consistent with the Meridian Comprehensive Plan.
Connection to the City of Meridian water and sewer systems is a requirement for all
residential districts. Residential districts are distinguished by the allowable density of
dwelling units per acre and corresponding housing types that can be accommodated
within the density range.
c. General Standards: All of the proposed lots comply with the standard street frontage and lot
size requirements ofthe R-8 zone established in the UDC. No dimensional modifications are
being requested for the proposed development.
10. ANALYSIS
a. Analysis of Pacts Leading to Staff Recommendation:
1. AZ Application: Based on the policies and goals contained in the Comprehensive
Plan, staff believes that the requested R -8 zone is appropriate for this property. Please
see Exhibit D for detailed analysis ofllie required facts and findings for annexation.
The annexation legal description submitted with the application (stamped on May 11,
2006 by Clinton W. Hansen, PLS) shows the property as contiguous to the existing
corporate boundary of the City of Meridian.
2. PP Application: The proposed preliminary plat substantially complies with the
Unified Development Code,
Special Considerations:
Densitv/Open Space: As noted previously in this report, this area is designated for
mixed-use community. Medium density residential is allowed and defined as up to
eight dwelling units per acre. The submitted plat has a gross density of 4.57 dwelling
units per acre, and a net density of 6.02 dwelling units per acre. There are existing
rurallots to the east and west of this site.
Bellabrook Subdivision AZ-06-040/PP-06-038
PAGE 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19,2006
UDC 11-3G-3A1 requires at least 5% of the totalland area to be set aside for common
open space in single-family developments, The applicant proposes to provide a total of
22.7% open space. The common lot and multiuse pathway as designed by the
applicant meet the open space requirement.
Landscaping; The landscape plan prepared by Erickson Civil, Inc., on July 20t\ 2006,
is approved with the following modifications/notes:
· Per UDC 1l.3G-3A, set aside at least 18.3% (0.80 acres) of the site for
useable open space, as proposed.
· Per UDC Il-3G-3El, at least one deciduous shade tree per every 8,000 square
feet of common open space should be planted, and common areas should be
improved with lawn, either seed or sod.
· Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy
Huff, on designing, adopting, and implementing a protection and mitigation
plan for the existing trees on site.
· A written certificate of completion should be prepared by the landscape
architect, designer, or qualified nurseryman responsible for the landscape
plan. All standards of installation should apply as listed in UDC 11.3B-14.
Submit copies of a revised landscape plan, reflecting the changes/notes mentioned
above, with the fmal plat application(s).
Stub Streets: The applicant should be required to align E. Kalispell Drive with the
access road to the west across Locust Grove Road and extend the right-of-way for S.
Torino Avenue to the east property line to provide future connectivity to the adjacent
parcel east as proposed.
Existing Residences/Buildings: The site currently contains a home and accessory
buildings. All existing buildings shall be removed as proposed.
Fencing: The applicant is proposing to construct 6-foot solid fencing along the entire
perimeter of the site. A detailed fencing plan should be submitted upon application of
the final plat. If permanent fencing is not provided before issuance of a building
permit, temporary construction fencing to contain debris must be installed around the
perimeter. Perimeter, common open space, and micro-path /multi-use fencing shall be
designed according to ODe 11-3A-7 (6-foot solid fencing is not allowed around Opt:Il
space or micro-paths).
Common Areas: Maintenance of all common areas shall be the responsibility of the
Bellabrook Home Owners' Association.
Ditches. Laterals. and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or
canals, exclusive of any natural waterway, that intersect, cross or lie within the area
being subdivided shall be covered.
Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems
be supplied by a year.round source of water. The applicant should be required to use
any existing surface or well water for the primary source. If a surface or well source is
not available, a single-point connection to the culinary water system shall be required.
If a single-point connection is used, the developer will be responsible for the payment
of assessments for the common areas prior to signature on the fmal plat by the City
Engineer. An underground, pressurized irrigation system should be installed to all
landscape areas per the approved specifications and in accordance with UDC 11-3A-
15 andMCC 9-1-28.
Bellabrook Subdivision AZ-06-040/PP-06-038
PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19,2006
b. Staff Recommendation: Staff recommends approval of the subiect applications AZ-06.
040 and PP-06.038 with the conditions listed in Exhibit B of the Staff Report for the hearing:
date of September 19. 2006. The Meridian Planning: and ZOnilll! Commission heard these
items on AUQUst 3. 2006. At the public hearill!! they moved to recommend approval. On
September 19. 2006. the Meridian City Council voted to approve the subiect
applications.
11. EXHffiITS
A. Drawings
1. Preliminary Plat (dated: 7/20/06)
2. Landscape Plan (dated: 7/20/06)
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
8. Central District Health Department
C. Legal Description
D. Required Findings from Unified Development Code
Bellabrook Subdivision AZ-06-040/PP-06-038
PAGE 9
CITY OF MERIDIAN PLANNING DEPAR1MENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19, 2006
A. Drawings
1. Preliminary Plat (dated: 7120/06)
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Landscape Plan (dated 7/20/06)
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CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19,2006
B. Conditions of Approval
1. Planning Department
1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT (PP-06-038)
1.1.1 The preliminary plat labeled as PP-l, prepared by Erickson Civil, Inc., dated July 20,2006 is
approved, with the conditions listed herein. All comments and conditions of the accompanying
Annexation and Zoning (AZ-06-040) application shall also be considered conditions of the
Preliminary Plat (PP-06-038)
1.1.2 The landscape plan prepared by Erickson Civil, Inc., on July 20, 2006, is approved with the
following modifications/notes:
. Per UDC 11-3G-3A, set aside at least 24% (1.05%) open space of which
18.3% (0.80 acres) of the site will be for useable open space, as proposed.
. Per UDC 11-3G-3El, at least one deciduous shade tree per every 8,000 square
feet of common open space should be planted, and common areas should be
improved with lawn, either seed or sod.
. Per UDC 11-3B-lO, 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 ll-3B-14.
Where the applicant has submitted a preliminary landscape plan and where staff has reviewed
such plan, the landscaping shall be consistent with the preliminary plan with modifications as
proposed by staff. The proceeding modifications and notes should be shown on a revised
landscape plan submitted with the fmal plat application(s).
1.1.3 Provide a public stub street to the west and extend the right-of-way for S. Torino Avenue to the
east property line as proposed.
1.1.4 Construct a 10-foot multi-use pathway along Five Mile Creek as proposed.
1.1.5 All buildings that span across proposed lot lines, or do not conform to the dimensional standards
(setbacks, height, etc.) of the UDC shall be removed, relocated or made to conform to city code,
prior to signature of the final plat by the City Engineer.
1.1.6 Provide a 6-foot tall solid fence around the perimeter of the development, except at the
northeastern common lot. (There is existing fence from the LDS Church parcel and the parcel to
the east, but no new 6-foot solid fence should be constructed along the nbrtheastem open space
lot.) A detailed fencing plan shall be submitted upon application of the final plat. If permanent
fencing is not provided before issuance of a building permit, temporary construction fencing to
contain debris must be installed around the perimeter. Perimeter, common open space, and micro-
path fencing shall be designed according to UDC ll-3A-7.
1.1.7 Maintenance of all common areas shall be the responsibility of the Bellabrook Home Owners'
Association.
Exhibit B - Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER J 9,2006
1.1.8 Per UDC ll-3A-6 all irrigation ditches, laterals or canals, but exclusive of any natural waterway,
that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be
approved by the appropriate irrigation/drainage district, or lateral users association (ditch
owners), with written approval or non-approval submitted to the Public Works Department. If
lateral users association approval can not be obtained, alternate plans will be reviewed and
approved by the City Engineer prior to final plat signature.
1.1.9 Underground, pressurized irrigation must be provided to all lots within this development.
1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT (PP-06-038)
1.2.1 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as
noted in this report, shall be submitted for the subdivision with the final plat application(s).
1.2.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuant to UDC 11- 3A-17.
1.2.3 All areas approved as open space shall be free of wet ponds or other such nuisances. All
stormwater detention facilities incorporated into the approved open space are subj ect to UDC 11-
3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated
surface materials shall not be used in open space lots, except as permitted under UDC ll-3B.
Where the applicant has submitted a preliminary landscape plan and where staff has reviewed
such plan, the landscaping shall be consistent with the preliminary plan with modifications as
proposed by staff. If the stormwater detention facility cannot be incorporated into the approved
open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the
facility. This may require losing a developable lot or developable area. It is the responsibility of
the developer to comply with ACHD, City of Meridian and all other regulatory requirements at
the time of final construction.
1.2.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department.
1.2.5 Staffs failure to cite specific ordinance provisions or terms of the approved annexation and
conditional use does not relieve the applicant of responsibility for compliance.
1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 1l.6B-7.
2. Public Works Department
2.1 Sanitary sewer service to this development is being proposed via extension of mains in Locust
Grove Road. The applicant shall install all mains to and through this development; 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 Locust Grove Road. The
applicant shall be responsible to install water mains to and through this development, coordinate
main size and routing with Public Works.
2.3 Any buildable lot encumbered by the AE floodplain shown on the preliminary plat shall provide
Base Flood Elevation Certification prior to issuance of a building permit.
Exhibit B - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19,2006
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 finalized 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 20-foot 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 of this 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 the dimensional standards ofthe UDC shall be
removed prior to signature on the final plat by the City Engineer.
2.9 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.
2.10 Any meter tiles located in common driveways shall be upgraded to traffic rated materials per City
of Meridian Standard Specifications.
2.11 With the final plat the applicant shall dedicate 5-feet of public utility, drainage and irrigation
easement along interior lot lines.
2.12 As proposed, additional width to the public utilities, drainage and irrigation easement along the
right-of way shall be dedicated where the sidewalk is located past the right-of-way. The
additional width needs to be sufficient to allow for 1 0 feet of easement past the sidewalk.
2.13 Any existing domestic wells and/or septic systems within this project shall be removed from
domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-
domestic purposes such as landscape irrigation.
2.14 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.
2.15 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.
2.16 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
Exhibit B - Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19,2006
signature on the final plat.
2.17 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.
2.18 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as detennined during the plan review process, prior to signature on the final plat.
2.19 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.
2.20 Applicant shall be responsible for application and compliance with and NPDES Pennitting that
may be required by the Environmental Protection Agency.
2.21 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.22 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.
2.23 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.
2.24 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3.feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least I-foot above.
2.25 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 pennit from the Public Works Department prior to commencing installations.
3. Fire Department
3.1 One and two family uwdlings will require a frre-flow of 1,000 gallons per minute available for
duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet
apart. International Fire Code Appendix C.
3.2 Acceptance of the water supply for frre protection will be by the Meridian Fire Department and
water quality by the Meridian Water Department for bacteria testing.
3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 Yz" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners 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 !FC 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.
Exhibit B - Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19, 2006
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 and alleys shall have a turning radius of28' inside and 48' outside
radius. (Note: No parking will be allowed on cul-de-sacs. Said area shall be signed "No Parking"
in accordance with Appendix D Section D103.6 Signs.)
3.6 Provide a 20-foot wide Fire Lane for all internal roadways all roadways shall be marked in
accordance with Appendix D Section DI03.6 Signs.
3.7 .^Jl eeFH:mOfl drivewa-ys sball be straight er aa-ve a tl:1mmg radias of 28' inside and 18' outside and
shall aa-ve a clear driving surface which is 20' wide.
3.8 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.
3.9 Building setbacks shall be per the International Building Code for one and two story construction.
3.10 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.
3.11 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.
3.12 Provide a Knox box entry system for the complex prior to occupancy.
3.13 The first digit of the Apartment/Office Suite shall correspond to the floor level.
3.14 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.
3.15 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
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).
Exhibit B - Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19,2006
4. Police Department
4.1 The Police Department has no concerns related to the site design submitted with the application.
5. Parks Department
5.1 Pathway and Trail standards: The proposed pathway and/or trail shall be constructed ill
accordance with the Meridian Park Department's requirements.
5.2 Standard for City to assume Maintenance of a section of Pathway: The pathway must connect
from one major arterial to another, and either an easement or ownership deed must be granted
before the city will assume the maintenance of any section of pathway.
5.3 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape
Ordinance (UDC ll-3B-lO) will be followed.
5.4 Standard Plan for Protection of Existing Trees during Construction: The standard established in
the City of Meridian Landscape Ordinance (UDC ll-3B-lO) will be followed.
6. Sanitary Service Company
6.1 SSC has no comments related to this application.
7. Ada County Highway District
Site Svecific Conditions of Avproval
1. Construct the site's internal streets as 34-foot street sections with rolled curb, gutter and 5-foot
concrete sidewalks within 42-feet of right-of-way; and provide an easement for any sidewalk
improvements located outside of the right-of-way.
2. Construct the center island on Kalispell Drive with a minimum 2l-foot street section on either
side, in compliance with District policy requirements.
3. Construct a knuckle without an island at the southwest comer of the intersection of E. Bellalucca
Street and STruss Avenue, as proposed.
4. Construct Kalispell Drive in alignment with the existing access on the west side of Locust Grove
Road, as proposed.
5. Close any unused access to Locust Grove Road not specifically approved with this application to
match existing improvements.
6. No cuts are allowed to Locust Grove Road until March, 2010.
7. Obtain District approval and any applicable license agreements for the use of the supporting slope
abutting the right-of-way on Locust Grove.
8. Extend the right-of-way for S. Torino Avenue to the east property line to provide future
connectivity to the adjacent parcel, noted on the final plat.
Exhibit B - Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19,2006
9. Comply with all Standard Conditions of Approval.
Standard Conditions of Avproval
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.
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 ofthe proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
5. Comply with the District's Tree Planter Width Interim Policy.
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 Connty 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 Connty Highway District prior to District approval for occupancy.
10. Payment of applicable road impact fees are required prior to building construction in accordance
with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance.
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 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
Exhibit B - Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19, 2006
a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
8. Central District Health Department
8.1 After written approval from appropriate entities is 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 - Page 8
CITY OF MERIDiAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19,2006
C. Legal Description
legal Description
Berrabrook Subdivision - Annexation
A parcel of land located in the NW Yo of the NIN Yo of Section 17, Township 3 North, Range 1
East, Boise Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at a brass cap monument marking the northwest corner of said NW Yo of the
NW 11. from which a brass cap monument marking the southwest corner of the NW Y. of said
Section 17 bears S 0.31'43' W a distance of 2658.74 feel;
Thence S 0.31'43" W along the westerly boundary of said NW YO of the NW YO a distance of
890.67 feet to the POINT OF BEGINNING;
Thence leaving said westerly boundary S 89057'19' E a distance of 992.94 feet to a 5/8 inch
diameter iron pin;
Thence S 0029'13' W a distance of 77.52 feet to a ~ inch diameter iron pin;
Thence N 89059'37" Wa distance of 567.77 feet to a 5/8 inch diameter iron pin;
Thence S 0032'24' W a distance of 310.91 feet to a % inch diameter iron pin;
Thence N 89058'07' W along a line 50.00 feet north of and parallel to the southerly boundary of
said NW Y. of the NW Y. a distance of 425.18 feet to a point on the westerly boundary of said
NWYOofthe NWYO;
Thence N 0031'43' E along said westerly boundary a distance of 388.91 feet to the POINT OF
BEGINNING.
This parcel contains 4.81 acres and is subject to any easements existing or in use.
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Job No. 06-36
Exhibit C - Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19, 2006
BELLABROOK ANNEXATION EXHIBIT
LOCATED IN THE NW 1/4 OF THE NW lj4 OF SEa/ON 17,
T3N, R J E, 8M, CITY OF MERIDIAN, ADA COUNTY, IDAHO
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(20B) 2B8-2040 (20B) 288-2557 f>u:
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Exhibit C - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19,2006
D. Required Findings from Unified Development Code
1. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation
and/or rezone, the Council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive
plan;
The applicant is proposing to zone all of the subject property to R-8. Council finds that
the proposed zoning map amendment complies with the applicable provisions of the
comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the
Staff Report.
2. The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
Council finds that future development of this property will comply with the established
regulations and pwpose statement of the R-8 zone.
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. Commission and Council should rely on any oral or written
testimony that may be provided when detennining 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 the delivery of services by any political subdivision providing services to this site.
5. The annexation is in the best of interest ofthe City (UDC 11-5B-3.E).
The R-8 zoning amendment will provide lots that are similar in nature to existing
subdivisions in the near vicinity, and transitions well to the existing rural lots in the
vicinity. Council finds that all essential services are available or will be provided by the
developer to the subject property and will not require unreasonable expenditure of public
funds. The applicant is proposing to develop the land in general compliance with the
City's Comprehensive Plan. This is a logical expansion ofthe City limits. In accordance
with the fmdings listed above, Council fmds that Annexation and Zoning of this property
to R-8 would be in the best interest ofthe 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 finds that the proposed application is in substantial compliance with the adopted
Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, and
Analysis, Section 10 of the Staff Report.
Exhibit D - Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19,2006
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 finds 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;
Commission and Council should rely upon comments from the public service providers
(i.e., police, fire, ACHD, etc.) to detennine this finding. (See fmding 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
Council is not aware of any health, safety or environmental problems associated with the
development of this subdivision that should be brought to the Councilor Commission's
attention. ACHD considers road safety issues in their analysis. Commission and Council
should 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
Council is unaware,
6. The development preserves significant natural, scenic or historic features.
Council is unaware of any natural, scenic or historic features on this site. Therefore,
Council fmds that the proposed development will not result in the destruction, loss or
damage of any natural, scenic or historic feature(s) of major importance. 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 staff is unaware.
Exhibit D - Page 2