HomeMy WebLinkAboutSilversprings Subdivision AZ-06-029 PP-06-029
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
"\,
In the Matter of Annexation and Zoning of 10.39 acres from RUT (Ada County) to R-4
(Medium-Low Density Residential) AND Preliminary Plat approval for 29 single-family
residential building lots and 4 common lots on 9.88 acres in a proposed R-4 zone, by Reed
Kofoed.
Case No(s). AZ-06-029 and PP-06-029
For the City Council Hearing Date of: September 19th and 26th, 2006 (fmdings on October
10,2006 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 Statl 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. S67-6503).
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 S
11-5A.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-029, PP-06-029
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 19,2006 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 ofthe
combined preliminary and final plat or short plat. In the event that the development of
the preliminary plat is made in successive phases in an orderly and reasonable manner,
and conforms substantially to the approved preliminary plat, such segments, if
submitted within successive intervals of eighteen (18) months, may be considered for
final approval without resubmission for preliminary plat approval. Upon written request
and filed by the applicant prior to the termination of the period in accord with 11-6B-
7.A, the Director may authorize a single extension of time to record the final plat not to
exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as
determined and approved by the City Council may be granted. With all extensions, the
Director or City Council may require the preliminary plat, combined preliminary and
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-029, PP-06-029
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 ofthe governing body of the City of
Meridian, pursuant to Idaho Code S 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-06-029, PP.06-029
By action of the City Council at its regular meeting held on the
Oc/D~---, 2006.
! f}1!:::- day of
COUNCIL MEMBER SHAUN WARDLE VOTED ~
COUNCIL MEMBER JOE BORTON VOTED ~
COUNCIL MEMBER CHARLIE ROUNTREE VOTED ~
COUNCIL MEMBER KEITH BIRD VOTED ~
TIE BREAKER --
MAYOR TAMMY de WEERD VOTED
ATTEST:
Copy served upon:
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V Applicant ;t//IIII~T'1 . \\\\,\'>
v Planning Dep~/e1itl"\I\\\
v Public Works Department
.,/'" City Attorney
BY:~~Jill-U
lty Clerk's Office
Dated: 10- " .OU
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-029, PP-06-029
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19,2006
STAFF REPORT
Hearing Date: 9/19/2006
(approved at 9/26/06 meetine:)
Mayor & City Council
Jenny Veatch
Associate City Planner
Meridian Planning Department
208-884-5533
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FROM:
SUBJECT:
Silversprings Subdivision
AZ-06-029
Annexation and Zoning of 10.39 acres from RUT (Ada County) to
R-4 (Medium Low-Density Residential).
PP-06-029
Preliminary Plat approval of 29 single-family residential building lots and 4
common lots on 9.88 acres in a proposed R-4 zone, by Reed Kofoed.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Reed Kofoed, representing F&C Development Inc., has applied for Annexation
and Zoning (AZ) to R-4 (Medium Low-Density Residential) for 9.88 acres of property currently
zoned RUT in Ada County and Preliminary Plat approval of 29 single-family residential
building lots and 4 common lots on 9.88 acres. The site is located on the south side of E.
McMillan Road and east of N. Meridian Road. The existing homes on this site will be retained
and the accessory structures on or near Lot 13, Block 1 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 Silversprinl!s Subdivision (AZ-06-029 and PP-06-029)
with the conditions listed in Exhibit B of the Staff Report. The Meridian Planning and Zoning
Commission heard these items on August 17. 2006. At the public hearinl! they moved to
recommend approval. On September 26. 2006 the Meridian City Council voted to approve
the subiect applications.
a. Summary of Commission Public Hearing:
i. In favor: Ross Erickson
ii. In opposition: None
iii. Commenting: None
IV. Staff presenting application: Jenny Veatch
v. Other staff commenting on application: Caleb Hood, Mike Cole
b. Key Issues of Discussion by Commission:
i. Clarification of ingress-egress easement at East Copper Ridge Street, and why a
stub to this property was not provided.
c. Key Commission Changes to Staff Recommendation:
i. None
d. Outstanding Issue(s) for City Council:
i. None
Silversprings Subdivision AZ-06-029/PP-06-029
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-
06-029 and PP-06-029 as presented in staff report for the hearing date of September 19, 2006
with the following modifications: (Add any proposed modifications.)
Continuance
I move to continue File Numbers AZ-06-029 and PP-06-029 to the hearing date of (insert
continued hearing date here) for the following reason( s): (Y ou should state specific reason( s) for
continuance. )
Recommend Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ~06-
029 and PP-06-029 as presented during the hearing on September 19, 2006 for the following
reasons: (You should state specific reasons for denial of the annexation and you must state
specific reason(s) for the denial of the plat.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location: 805 and 905 E. McMillan Road; on the south side of E. McMillan
Road and east ofN. Meridian Road in Section 31, Township 4 North, Range 1 East.
Note: This is a resubdivision of Lot 1 and Lot 2, Block 1 of the Crestwood Subdivision No.1.
b. Owners:
Lloyd and Marolyn Wutherich, and W. Leigh Brinkerhoff
905 E. McMillan Road, 805 E. McMillan Road
Meridian, ill 83642
c, Applicant:
Reed Kofoed
228 E. Plaza Street, Suite G 1
Eagle, ill 83616
d. Representative: Ross Erickson, Erickson Civil, Inc.
e. Present Zoning: RUT (Ada County)
f. Present Comprehensive Plan Designation: Low Density Residential
g. Description of Applicant's Request: The applicant is requesting concurrent approval for
Annexation and Zoning of the subject 9.88 acres to R-4 and Preliminary Plat approval of 29
single-family buildable lots and 4 common lots. All of the homes within the development are
proposed to be single-family detached. The average lot size in the proposed development is
10,998/square feet. The gross density of the project is 2.94 dwelling units per acre.
Approximately 9.26 percent ofthe site is being set aside for open space.
1, Date of preliminary plat (attached in Exhibit A):
2. Date oflandscape plan (attached in Exhibit A):
7/19/06
7/19/06
5. PROCESS FACTS
Silversprings Subdivision AZ-06-029/PP-06-029
PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19,2006
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 of the 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 3rd and July 17ili, 2006 (for P & Z
Commission hearing) and August 28th and September 11th, 2006 (for City Council hearing)
d. Radius notices mailed to properties within 300 feet on: June 23rd, 2006 (for P & Z
Commission hearing) and August 25th, 2006 (for City Council hearing)
e. Applicant posted notice on site by: July 10th, 2006 (for P & Z Commission hearing)
and September 7ili, 2006 (for City Council hearing)
6. LAND USE
a. Existing Land Use(s): All existing homes are to be retained and connected to City water and
sewer services. An accessory structure on Lot 3, Block 1 will be retained and another on Lot
13, Block 1 will be removed.
b. Description of Character of Surrounding Area: This area contains medium low-density
residential developments, Prospector Elementary School and a mix of rural parcels in Ada
County,
c. Adjacent Land Use and Zoning:
1. North: Saguaro Canyon Subdivision, zoned R-4
2. South: Prospector Elementary School and Havasu Creek Subdivision No.4, zoned
R-4
3. East: Crestwood Subdivision, zoned RUT (Ada County)
4. West: Cobre (Copper) Basin Subdivision No.4, zoned R-4
d. History of Previous Actions: None
e. Existing Constraints and Opportunities:
1. Public Works:
Location of sewer: There is currently a sewer main stubbed near this property
through the School site to the south.
Location of water: There is currently a water main in N. McMillan Road.
Issues or concems: The ability to design and install the gravity sewer, while
retaining the pressure sewer.
2. Canals/Ditches Irrigation: There are a few irrigation ditches and drains that traverse
through this site. All open irrigation ditches, laterals and canals, shall be tiled when
this property develops.
3. Hazards: No hazards have been identified on this site.
4. Proposed Zoning:
5. Size of Property:
R-4 (Medium Low-Density Residential)
9.88 acres
Silversprings Subdivision AZ-06-029/PP-06-029
PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19, 2006
f. Subdivision Plat Information:
1. Residential Lots: 29
2. Non-residential Lots: 0
3. Total Building Lots: 29
4. Common Lots: 4
5. Other Lots: 0
6. Total Lots: 32
7. Gross Density: 2.94 units per acre (net density is 3.52 d.u.lacre)
8. Minimum House Size: 1,800 square feet
g. Landscaping
1. Width of street buffer(s): 25 feet along E. McMillan Road
2. Width ofbuffer(s) between land uses: N/A
3. Percentage of site as open space: 0.915 acres/9.26%
4. Other landscaping standards: Parkway areas are to be 8-feet wide and contain
Class II trees to be counted as common open space (UDC 11-3A-17E).
h. Amenities: Parkways with detached sidewalks, four conunon lots and a multi-use pathway
connecting to elementary school.
i. Off-Street Parking: UDC ll-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-4
Setbacks (in feet) Proposed
Front Living Area (to sidewalk) 15
Front Accessed Garage (to sidcwalk) 20
Side
5
15
60
8,050
Rear
Frontage
Lot Size
k. Proposed and Required Non-Residential: N/A
Required
15
20
5
15
60
8,000
1. Sununary of Proposed Streets and/or Access: The applicant is proposing to construct
public streets, N. Silversky Avenue, E. Copper Ridge Street and N. Goldwood Place. The
applicant is stubbing east near their southern property line to the Crestwood Subdivision. All
of the internal streets are local streets with 36-feet wide street sections with rolled curb, gutter
and 4-foot wide detached sidewalks. Staff is reluctantly in support of the proposed street
system. During the approval process for Havasu Creek, the City required a stub street to the
eastern property line. However, during the final plat process, the stub was changed and
allowed to be installed as a cross access easement. After consulting with ACHD, staff feels
Silversprings Subdivision AZ-06-029/PP-06-029
PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19, 2006
that we are unable to now require the connection. ACHD has submitted comments and
conditions back to the City for this project. ACHD's conditions are included in Exhibit B.
7. COMMENTS MEETING
On June 30, 2006, a joint 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 "Low Density Residential" on the Comprehensive Plan Future Land
Use Map. Low density residential areas are anticipated to contain three dwelling units or less per
acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 29 single-
family lots on 9.88 acres for a gross density of 2.94 dwelling units/acre, The proposed density
complies substantially 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 ill, 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 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 Sher~(f's Office.
Once annexed the lands will be serviced by the Meridian Police Department (MPD).
. The roadways adjacent to the subject lands are currently owned and maintained by the
Ada County Highway District (ACHD). This service will not change.
. The subject lands are currently serviced by the Meridian School District #2. This service
will not change.
. The subject lands are currently serviced by the Meridian Library District, This service
will not change and the Meridian Library District should suffer no revenue loss as a
result of the subject annexation.
Municipal, fee-supported, services will be provided by the Meridian Building Department, the
Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater
Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary
Services Company.
Chapter VI, Goal II, Objective A, Action 3 - Consider "Accommodating Bicycle and Pedestrian
Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all
land-use decisions.
Silversprings Subdivision AZ-06-029/PP-06-029
PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19,2006
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 6 - Require street connections between subdivisions at
regular intervals to enhance connectivity and better traffic flow.
The submitted preliminary plat proposes to provide one stub street to the east parcel that is
currently zoned in Ada County RUT, which staff anticipates will re-develop in the future. Staff
believes that the applicant should provide a public street extending to the west to connect with E.
Copper Ridge St" the Cobre Basin Subdivision stub, for better connectivity to the east and west.
Staff believes that if the proposed subdivision were to take its access from the east and west, that
this could eliminate the access to E. McMillan Road.
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 fence around the northern, western and
eastern sides of the development. An existing six-foot tal/fence on the southern property
boundary will be retained. The applicant should plan to provide an opening in the fence at the
proposed multi-use pathway connection to Prospector Elementary School. 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 constructfour-foot wide, detached sidewalks adjacent to all of the
proposed streets, which connect to adjacent properties. The applicant has also proposed a ten-
foot multi-use pathway to connect to Prospector Elementary School. Staffis supportive of the
proposed pedestrian connections,
Chapter VII, Goal IV, Objective C, Action 6 - Require pedestrian access in all new development
to link subdivisions together and promote neighborhood connectivity.
See above,
Chapter VII, Goal IV, Objective C, Action 1 - Protect existing residential properties from
incompatible land use development on adjacent parcels.
Silversprings Subdivision AZ-06-029/PP-06-029
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 existing single-family
residential properties to the north, south, east and west, 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.
Staff recognizes that there is an existing rural residential parcel to the east. The applicant is
proposing to construct a six-foot tall privacy fence around this development to screen this
subdivision from the larger parcel. The applicant has provided lots over 9,000 square feet on the
east side of the development and kept smaller lots to the south and west side. Staffbelieves that
the property to the east will redevelop soon and that the applicant has considered this in
providing transition and screening between properties. Staff recommends that the Commission
and Council rely on any written or verbal testimony providedfrom neighbors when determining if
additional screening or more transition in density is appropriate.
Staff recommends that the Commission and Council rely on any verbal or written testimony that may be
provided at the public hearing when determining if the applicant's zoning and development request is
appropriate for this property.
9. UNIFIED DEVELOPMENT CODE
a. Schedule of Uses: Unified Development Code (UDC) 11-2-1 lists single-family detached
homes as pennitted uses in the R-4 zoning district.
b. Purpose Statement of Zone:
R-4 Medium Low-Density Residential: The purpose ofthe 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 rangt::.
C. General Standards: All of the proposed lots comply with the standard street frontage and lot
size requirements ofthe R-4 zone established in the UDC. No dimensional modifications are
being requested for the proposed development.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation:
1. AZ Application: Based on the policies and goals contained in the Comprehensive
Plan, staff believes that the requested R-4 zone is appropriate for this property.
Please see Exhibit D for detailed analysis of the required facts and findings for
annexation.
The annexation legal description submitted with the application (stamped on May 18,
2006 by Clinton W. Hansen, PLS) shows the property as contiguous to the existing
corporate boundary of the City of Meridian.
Silversprings Subdivision AZ-06-029/PP-06-029
PAGE 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19, 2006
2. PP Application: The proposed preliminary plat substantially complies with the
Unified Development Code.
Special Considerations:
Density/Open Space: As noted previously in this report, this area is designated for low
density residential uses. Low density residential areas are defined as three dwelling
units or less per acre. The submitted plat has a gross density of 2.94 dwelling units per
acre. There are existing rural lots to the east of this site.
UDC ll-3G-3AI requires at least 5% of the total land area to be set aside for common
open space in single-family developments. Parkways and street buffers as designed by
the applicant do count towards the open space requirement. The applicant shall
provide 9.26 % (0.915 acres) open space as proposed.
Landscaping: The landscape plan prepared by Erickson Civil, Inc. on 7/19/06, is
approved with the following modifications/notes:
· Per UDC ll-3A-17E, parkway areas are to be 8-feet wide and contain Class II
trees to be counted as common open space.
· Per UDC 11-3B-lOC-5a, mitigation shall be required for all existing trees
four-inch (4") caliper or greater that are removed from the site with equal
replacement of the total calipers lost on site up to an amount of one hundred
percent (100%) replacement. (Example: two (2) lO-inch caliper trees removed
may be mitigated with four (4) 5-inch caliper trees, five (5) 4-inch caliper
trees, or seven (7) 3-inch caliper trees.)
· Per UDC 11-3B-lOC-6, required landscaping: Existing trees that are retained
Or relocated on site may count toward the required landscaping. Mitigation
trees are in addition to all other landscaping required by this Article.
· Per UDC 11-3B-1O, the applicant should work with the City Arborist, Elroy
Huff, on designing, adopting, and implementing a protection and mitigation
plan for the existing trees on site.
· Per UDe 11-3G-3Fl, all common open space and site amenities shall be the
responsibility of an owners association for the purpose of maintaining the
common area and improvements thereon.
· 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.
Submit copies of a revised landscape plan, refleeting the changes/notes mentioned
above, with the final plat application(s).
Stub Streets: The applicant should be required to provide a public stub street to the
Crestwood Subdivision to the east as proposed. Staff believes that the applicant should
provide a public street extending to the west to connect with E. Copper Ridge Street,
the Cobre Basin stub, for better cOlmectivity to the east and west and to eliminate the
access to E. McMillan Road. Staff met with the applicant and representatives from
ACHD and the Copper (Cobre) Basin Homeowners' Association regarding the issue
of connectivity between the two developments. E. Copper Ridge Street ends in Cobre
Basin as an ingress-egress easement. This is currently landscaped as a common lot.
Silversprings Subdivision AZ-06-029/PP-06-029
PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19,2006
Originally, in the preliminary plat stages of Havasu Creek (of which Cobre Basin is a
phase) the road was intended as a stub street for further development to the east. In the
final stages for Cobre Basin however, it was changed to an ingress-egress easement.
The Homeowners' Association did not wish to dedicate the easement as public-right-
of-way for the applicant to connect to E. Copper Ridge Street and take access from the
north to south collector, N. Red Horse Way. Their concerns were increased traffic
volume and replacement of the landscaping and pressurized irrigation system ofthe
common lot. Durin!! the public hearin!!. the City Council mentioned that if the
applicant does propose a final plat that includes a public street connection to the
in!!ress-e!!ress easement to the west. the plat would be in substantial compliance
with this preliminary plat (a new preliminary plat application will not be
required).
Existin!! Residences/Buildin!!s: The site currently contains residential and out-
buildings. All existing buildings shall be retained or removed as proposed (see Site
Plan, dated April 4, 2006).
Fencin!!: The applicant is proposing to construct six-foot, closed-vision fence along
the east and west perimeter of the site. An existing six-foot fence along the south
perimeter will be retained. The applicant should plan to provide an opening in the
fence at the proposed multi~use pathway connection to Prospector Elementary School.
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 spaee, and micro-path Imulti-use fencing shall be designed
according to UDC 11-3A-7.
Common Areas: Maintenance of all common areas shall be the responsibility of the
Silversprings 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 Irri!!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 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 ll-3A-
15 and MCC 9-1-28.
b. Staff Recommendation: Staff is recommendin!! approval of the proposed Silversprin!!s
Subdivision (AZ-06-029 and PP-06-029) with the conditions listed in Exhibit B of the Staff
Reoort. The Meridian Plannin!! and Zonin!! Commission heard these items on AUlUlst 17, 2006.
At the public heann!! they moved to recommend approval. On September 26. 2006 the
Meridian City Council voted to approve the subiect applications.
Silversprings Subdivision AZ-06-029/PP-06-029
PAGE 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19,2006
11. EXHIBITS
A. Drawings
1. Preliminary Plat (dated: 7/19/06)
2. Landscape Plan (dated: 7/19/06)
3. Conceptual Development for Crestwood Estates Infill (July 26,2006)
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
9. Settlers' Irrigation District
C. Legal Description
D. Required Findings from Unified Development Code
Silversprings Subdivision AZ-06-029/PP-06.029
P AG.E\ 0
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19, 2006
A. Drawings
1. Preliminary Plat (dated: 7/19/06)
Exhibit A - Page 1
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 J 9,2006
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Conceptual Development for Crestwood Estates Infill (July 26, 2006)
Exhibit A - Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19,2006
CONCEPT DEVELOPMENT FOR CRESTWOOD ESTATES INFILL
SITUATED IN A PORTION OF THE NE 1/4 OF SECTION 31, TOWNSHIP 4 NORTH, RANGE 1 EAST,
aOISE MERIDIAN, ADA COUNTY, IDAHO
2006
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Exhibit A - Page 4
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING OA TE OF JULY 20, 2006
B. Conditions of Approval
1. Planning Department
1.1 SITE SPECIFIC REQUIREMENTS~PRELIMINARY PLAT (PP-06-029)
1.1.1 The preliminary plat labeled as PP-l, prepared by Erickson Civil, Inc., dated July 19, 2006 is
approved, with the conditions listed herein. All comments and conditions of the accompanying
Annexation and Zoning (AZw06w029) application shall also be considered conditions of the
Preliminary Plat (PP-06.029)
1.1.2 The landscape plan prepared by Erickson Civil, Inc. dated July 19, 2006 is approved with the
following modifications/notes:
. Per UDC II.3A.I7E, parkway areas are to be S.feet wide and contain Class II
trees to be counted as common open space.
. Per UDC 11-3B-IOC-5a, mitigation shall be required for all existing trees
four-inch (4") caliper or greater that are removed from the site with equal
replacement of the total calipers lost on site up to an amount of one hundred
percent (100%) replacement. (Example: two (2) 10-inch caliper trees removed
may be mitigated with four (4) 5-inch caliper trees, five (5) 4-inch caliper
trees, or seven (7) 3-inch caliper trees.)
. Per UDC 11-3B-lOC-6, required landscaping: Existing trees that are retained
or relocated on site may count toward the required landscaping. Mitigation
trees are in addition to all other landscaping required by this Article.
. Per UDC 11-3B-5J-2, there shall be no trees allowed within the twenty-foot
sewer easement being dedicated on Lot 25, Block 1.
. Per UDC 11-3B-1O, the applicant should work with the City Arborist, Elroy
Huff, on designing, adopting, and implementing a protection and mitigation
plan for the existing trees on site.
. A written certificate of completion should be prepared by the landscape
architect, designer, or qualified nurseryman responsible for the landscape
plan. All standards of installation should apply as listed in UDC 1I-3B-I4.
. Opening to elementary school.
Where the applicant has submitted a preliminary landscape plan and where staff has reviewed
such plan, the landscaping shall be consistent with the preliminary plan with modifications as
proposed by staff. The proceeding modifications and notes should be shown on a revised
landscape plan submitted with the final plat application(s).
1.1.3 Provide a public stub street to the Crestwood Subdivision to the east as proposed.
1.1.4 All buildings that span across proposed lot lines, or do not conform to the dimensional standards
(setbacks, height, etc.) of the UDC shall be removed, relocated or made to conform to city code,
prior to signature ofthe final plat by the City Engineer.
1.1.6 Provide a six-foot tall fence along the east and west perimeter of the development, as proposed.
Provide an opening in the existing southern fence at the proposed multi-use pathway connection
to Prospector Elementary School. A detailed fencing plan shall be submitted upon application of
the final plat. If permanent fencing is not provided before issuance of a building pennit,
temporary construction fencing to contain debris must be installed around the perimeter.
Perimeter, common open space, and micro-path fencing shall be designed according to UDC 11-
3A-7.
Exhibit B - Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006
1.1.7 Maintenance of all common areas shall be the responsibility of the Silversprings Home Owners'
Association.
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 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.
1.1.9 Underground, pressurized irrigation must be provided to all lots within this development.
1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT (PP-06-029)
1.2.1 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as
noted in this report, shall be submitted for the subdivision with the final plat application(s).
1.2.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuant to UDC 11- 3A-17.
1.2.3 All areas approved as open space shall be free of wet ponds or other such nuisances. All
stormwater detention facilities incorporated into the approved open space are subject to UDC 11-
3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated
surface materials shall not be used in open space lots, except as permitted under UDC 11-3B.
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 ofUDC 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 fmal construction.
1.2.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department.
1.2.5 Staff s failure to cite specific ordinance provisions or terms of the approved annexation and
conditional use does not relieve the applicant of responsibility for compliance.
1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11 ~6B-7.
2. Public Works Department
2.1 Sanitary sewer service to this development is being proposed via extension of a main stubbed
near this property in the school property. The applicant shall install 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 The applicant shall provide Public Works with a sewer easement through the school property
prior to construction plan approval.
Exhibit B - Page 2
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006
2.3 The conceptual sewer plan shows the dead end run being run at aAO% grade. The City of
Meridian requires dead runs to be .60%.
2A There shall be no trees allowed within the twenty-foot sewer easement being dedicated on Lot 25,
Block 1. The applicant shall coordinate with the Planning Department to remove these trees and
still comply with all landscaping requirements.
2.5 All manholes not located in the right-of-way shall have vehicular access for maintenance.
2.6 There is a pressure sewer main that is occupying the existing sewer easement that is not shown on
the preliminary plat. The applicant shall coordinate with the Public Works Department prior to
construction plan approval an acceptable way to design the gravity sewer around the pressure
sewer.
2. 7 Water service to this site is being proposed via extension of mains in E. McMillan Road. The
applicant shall be responsible to install water mains to and through this development, coordinate
main size and routing with Public Works.
2.8 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13
and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of
reimbursable pipe) being fmalized prior to construction plan approval. The detailed agreement
with the reimbursable amount shall be approved by Council prior to plat signature.
2.9 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 Prior to final plat submittal the applicant shall revise the situate statement to include Lots 1 and 2,
Block 1 of Crestwood Subdivision.
2.11 The preliminary plat states that the pressurized irrigation system is to be owned by Settler, while
the applicants narrative states it is to be owned by the Homeowners Association. If it is to be
maintained as a private system, plans and specifications will be reviewed by the Public Works
Department as part ofthe 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 fmal 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.
2.12 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (UDC ll-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
colUlection to the culinary water system shall be required. If a single-point COlUlection 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.
2.13 Any houses being retained on site must COlUlect to City services. The applicant shall be
responsible for the payment of assessments prior to signature on the final plat, and the actual
physical hook-up to the house.
2.14 All existing structures not meeting setbacks and the dimensional standards of the UDC shall be
removed prior to signature on the fmal plat by the City Engineer.
2.15 Prior to signature on the final plat the applicant shall have already vacated the 5-foot interior lot
line utility easements.
2.16 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
Exhibit B - Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20,2006
requirement and comply with all landscape requirements.
2.17 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 10 feet of easement past the sidewalk.
2.18 Any existing domestic wells and/or septic systems within this project shall be removed from
domestic selVice per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-
domestic purposes such as landscape irrigation.
2.19 Prior to plat signature the applicant shall submit documentation that the gravity irrigation
proposed as being removed, is approved by the owner and any end user ofthat facility.
2.20 Per UDC ll-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that
intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be
approved by the appropriate irrigation/drainage district, or lateral users association (ditch
owners), with written approval or non-approval submitted to the Public Works Department prior
to plan approval. If lateral users association approval can not be obtained, alternate plans will be
reviewed and approved by the City Engineer.
2.21 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 Pinal
Plat for this subdivision shall be recorded, prior to applying for building pennits.
2.22 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.
2.23 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.
2.24 Applicant shall he 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.
2.25 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Pair Housing Act.
2.26 Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Enviromnental Protection Agency.
2.27 Applicant shall be responsible for application and compliance with any Section 404 Pennitting
that may be required by the Army Corps of Engineers.
2.28 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.
2.29 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.
2.30 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.
2.31 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. Pinal design locations and quantity are detennined after power
Exhibit B - Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006
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 not exceeding 3600 square feet will require a frre-flow of 1,000
gallons per minute available for duration of 2 hours to service the entire project. One and two story
family dwellings will require a frre flow of 1500 gallons per minute. 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 comers when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be plaee 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 ofthe 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 and alleys shall have a turning radius of28' inside and 48' outside
radius.
3.6 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and
shall have a clear driving surface which is 20' wide.
3.7 Provide a 20-foot wide Fire Lane for all internal roadways all roadways shall be marked in
accordance with Appendix D Section D103.6 Signs.
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 The proposed 29-10t subdivision with an estimated 2.9 residents per household would have a total
estimated population of 84.1 residents at build out.
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.
3.11 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 frre 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).
Exhibit B - Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006
For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183
m).
For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet
(183 m).
4. Police Department
4.1 The applicant shall submit a revised landscape plan that shows adequate nighttime lighting along
the multi-use pathway and common lot, Lot 6 Block 1, walkways and landscaping to direct
visitors to the main entrance and away from private areas.
4.2 The applicant shall use open fencing along the school site, including Lot 19, Block 1. Any
interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid
fencing is used.
5. Parks Department
5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape
Ordinance will be followed.
5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in
the City of Meridian Landscape Ordinance will be followed.
6. Sanitary Service Company
6.1 sse has no comments related to this application.
7. Ada County Highway District
Site Soecific Conditions of Aooroval
1. Construct the site's internal streets as 36-foot street sections with rolled curh, gutter, and 4-foot
detached concrete sidewalks
2. Construct a stub street to the east approximately 120-feet north ofthe south property line as a 36-
foot street section with rolled curb, gutter, and a 4-foot detached concrete sidewalk within 50-feet
of right-of-way. This street should be signed as follows: "THIS STREET WILL BE EXTENDED
IN THE FUTURE."
3. Construct a 5-foot concrete sidewalk no closer than 38-feet from the centerline of McMillan Road
to match improvements to the west (Copper Basin). If the sidewalk is located outside of the right-
of~way, the applicant should provide a sidewalk easement.
4. Dedicate either 35-feet or 45-feet ofright-of~way from the centerline of McMillan Road abutting
the parcel by means of a warranty deed. A dedication of 35-feet will facilitate roadway
improvements noted in the Capital hnprovements Plan, leaving the sidewalk within an easement.
The 45-foot right-of-way dedication would facilitate all roadway improvements, including
sidewalk.
Exhibit B ~ Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20,2006
5. Construct N. Silversky Avenue as a 36-foot street section with rolled curb, gutter, and 4-foot
detached concrete sidewalk within 50-feet of right-of-way; intersecting McMillan Road
(offsetting Larkwood Place by approximately 400-feet), as proposed.
6. Any existing driveway access to McMillan Road should be closed to match improvements.
7. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
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 of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
5. Comply with the District's Tree Planter Width Interim Policy.
6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
7. All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable AClIO Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit
(or other required permits), which incorporates any required design changes.
9. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for oceupancy.
1 O. 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
applieant 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 oftrus 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.
Exhibit B - Page 7
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20,2006
13. Any change by the applicant in the planned use of the property which is the subj ect 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 plarmed use of the subj ect property unless
a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
8. Central District Health Department
8.1 After written approval from appropriate entities 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 Envirorunental Quality: central sewage and central water.
8.3 Run-off is not to create a mosquito breeding problem.
9. Settlers' Irrigation District
9.1 All irrigation / drainage facilities along with their easements must be protected and continue to
function. The facilities involved are the Starkey Lateral (20' easement) and the Parkins-Nourse
Lateral (20'easement). Contact SID for additional inigation requirements.
9.2 A Land Use Change Application must be on file prior to any approvals.
9.3 A license agreement MUST be signed and recorded prior to construction of any S.LD. facilities.
9.4 Any changes to the existing inigation system such as relocation, tiling, and landscaping must be
approved by Settlers Irrigation District.
9.5 All stonn drainage must be retained on-site.
9.6 The development must supply inigation access to all lots within the above-mentioned
subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and
maintain the pressure irrigation system an agreement needs to be in place prior to the pre-
construction meeting.
C. Legal Description
Exhibit B - Page 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20,2006
'SILVERSPRINGS ANNEXATION BOUNDARY
LOCATED IN THE NE '/4 OF SECTION 3',
T4N, R 1 E. 8M, ADA COUNTY, IDAHO.
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20,2006
Legal Description
Silversprings Subdivision Annexation Boundary
A parcel for annexation purposes being a portion of McMillan Road right-of-way and Lots 1 and
2 of Crestwood Subdivision No, 1 as shown in Book 28 of Plats on Pages 1757-1756, Records
of Ada County, Idaho, said parcel being located in the N ~ of the NE % of Section 31, Township
4 North, Range 1 East. Boise Meridian, Ada County, Idaho, and more particularly described 8S
follows:
BEGINNING at a Railroad Spike monument marking the northwest comer of said N Y. of the NE
% (% Corner), from which a Brass Cap monument marking the northeast corner of said Section
31 bears N 89046'54" E a distance of 2632,45 feet;
Thence N 89046'54" E along the northerly boundary of said N Y.. of the NE Y. a distance of
680,77 feet to a point;
Thence S 0007'17" W along the extension of and the easterly boundary of said Lot 2 a distance
of 664,81 feet to a 5/8 inch diameter iron pin marking the southeast corner of said Lot 2;
Thence S 89047'33" W along the southerly boundary of said Crestwood Subdivision No, 1 a
distance of 681,53 feet to a point marking the southwest comer of said Lot 1. said point being
witnessed by a 5/8 inch diameter iron pin that bears S 89047'33" W a distance of 21,29 feet from
the point;
Thence N 0011 '16" E along the westerly boundary of said Lot 1 a distance of 664.68 feet to the
POINT OF BEGINNING.
ThiS parcel contains 10,39 acres and is subject to any easements existing or in use,
Clinton W, Hansen, PLS
Land Solutions, PC
May 18, 2006
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Job No, 06-26
Exhibit C - Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20,2006
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 ofthe subject property to R-4. Council fmds that
the proposed zoning map amendment complies with the applicable provisions of the
comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the
Staff Report.
2. The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
Council finds that future development of this property will comply with the established
regulations and purpose statement of the R-4 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 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 finds that the proposed zoning amendment will not result in any adverse impact
upon the delivery of services by any political subdivision providing services to this site.
5. The annexation is in the best ofinterest ofthe City (UDC 11-5B-3.E).
The R-4 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 of the City limits. In accordance
with the findings listed above, Council fmds that Annexation and Zoning of this propertv
to R-4 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 JULY 20, 2006
2. Public services are available or can be made available and are adequate to
accommodate the proposed development;
Council fmds 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 determine this finding. (See finding Items 3 and 4 above
under Annexation Findings, and the Conditions of Approval in Exhibit B for more
detail. )
5. The development will not be detrimental to the public health, safety or general
welfare; and
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. COnmllssion and Council
should reference any public testimony that may be presented to determine whether or not
the proposed subdivision may cause health, safety or environmental problems of whieh
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 [mds 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 maj or importance of which Council is unaware.
Exhibit D - Page 2