HomeMy WebLinkAboutCreamline Park Subdivision AZ-06-048 PP-06-050
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
RECEIVED
NOV 3 0 2006
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In the Matter of Annexation and Zoning of 32.75 acres from RUT to I-L and C-G AND
Preliminary Plat approval for 6 industrial lots and 4 commercial lots for Creamline Park
Subdivision, by Creamline Associates, LLC.
Case No(s). AZ-06-048 and PP-06.050
For the City Council Hearing Date of: November 21, 2006 (Findings on the December 5,
2006 City Council consent agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of November 21, 2006
incorporated by reference)
2. Process Facts (see attached Staff Rjjpurt fur thjj hjjaring uatjj ufNovember 21, 2006
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
November 21,2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of November 21,2006 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 6S, Title 67, Idaho Code (I.C. ~67-6S03).
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,
Resolutiun Nu. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code ~
II-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-048 and PP-06-050
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 November
21, 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 ~ 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 31, 2006 is hereby conditionally approved;
2. The following modifications to site specific conditions were made at the City Council
hearing:
a. Deleted condition 1.2.8 which required the applicant to cover the Eight
Mile Lateral.
b. Modified condition 1.2.6 to increase the landscape buffer between uses
to ten feet with a vinyl fence.
c. Added condition 1.2.11 which requires a shared driveway and cross
access easement for Lot 10 Block 1 such that it shares a single access to
Franklin Road with the property to the east.
d. Modified condition 3.20 to only apply to Lots 4, 5, 6, and 7, Block 1.
e. Added a provision to the DA that requires the design and architecture of
any future buildings on this site be generally consistent with the ten
photographs submitted by the applicant labeled "Design Goals -
Creamline Park Subdivision".
3. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of November 21,2006 incorporated by reference.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-048 and PP-06-050
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 ofthe preliminary plat or one (1) year ofthe
combined preliminary and final plat or short plat. In the event that the development of
the preliminary plat is made in successive phases in an orderly and reasonable manner,
and conforms substantially to the approved preliminary plat, such segments, if
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 timc cxtensions up to eighteen (18) months as
determined and approved by the City Council may be granted. With all extensions, the
Director or City Council may require the preliminary plat, combined preliminary and
final plat or short plat to comply with the current provisions of Meridian City Code
Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notice that this is a final action ofthe governing body of the City of
Meridian, pursuant to Idaho Code ~ 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 pennit approval IIlay within tWljntY-ljight (28) days a[kr thlj datlj u[
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 November 21,2006
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-048 and PP-06-050
By action of the City Council at its regular meeting held on the
~~ lM- "' ,2006.
7 -
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COUNCIL MEMBER SHAUN WARDLE
VOTED ~
VOTED ~
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VOTED~
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
TIE BREAKER
MAYOR TAMMY dlj WEERD
VOTED
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Copy served upon:
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CITY OF MERIDlAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-048 and PP-06-0S0
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21,2006
STAFF REPORT
TO:
FROM:
Hearing Date: 11/21/2006
Mayor and City Council
Justin Lucas
Associate City Planner
Meridian Planning Department
208-884-5533
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SUBJECT:
Crcamlinc Park Subdivision
AZ-06-048
Annexation and Zoning of32.75 acres from RUT (Ada County), to 8.74 acres
of C-G (General Retail and Service Commercial) and 24.01 acres ofI-L
(Light Industrial).
PP-06-050
Preliminary Plat approval of 4 commercial lots on 8.74 acres in the proposed
C-G zone, and 6 industrial lots on 24.01 in the proposed I-L zone, by
Creamline Associates, LLC.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Creamline Af:f:ociatef:, LLC, haf: applied for Annexation and Zoning (AZ) to C-G
(General Retail and Service Commercial) for 8.74 acres and I-L (Light Industrial) for 24.01 acres
of property currently zoned RUT in Ada County. The site is located on the north side of Franklin
Road, near the northeast comer of Franklin and Linder Roads, approximately 350 feet east of
Linder Road. Currently, the land is being used for agriculture and there are no buildings on the
site. The subject property is within the Urban Service Planning Area and is currently referenced
as parcel numbers 51212336100 and 51212336596.
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 ofthe proposed Creamline Park Subdivision (AZ-06-048 and PP-06-
050) with the conditions listed in Exhibit B of the Staff Report. The Meridian Planoin!! and
Zooin!! Commission heard these items on October 19.2006. At the public hearin!! thev
moved to recommend approval.
a. Summarv of Commission Public Heariml:
i. In favor; Brad Miller
ii. In opposition: None
Hi. Commentinll: None
iv. Staff presenting application: C. Caleb Hood
v_ Other staff commenting on application: None
b. Kev Issues of Discussion bv Commission:
i. - 25 foot landscape buffer between I-L zoned uses and alternative compliance:
ii. - Fire Department restrictions on lots north of the Eig;ht Mile Lateral:
iii. - Required tiling of the Eillht Mile Lateral:
lV. - Possible emerlZencv access into the site on the northern property line:
v. - Public street access into the property:
Vi. - Loadinll areas. docks. and bays facing west.
Creamline Park Subdivision AZ-06-048/PP-06-050
PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21,2006
c. Key Commission Cbanees to Staff Recommendation:
1. - Elimination of condition 1.2.2 which required the applicant to provide two
public street access points to this propertv connected by a loop road:
11. - Elimination of condition 1.2.3 which required the applicant to provide a cross
access easement to the neighboring property to the west:
iii. - Elimination of condition 1.2.4 which required the applicant to include a 25 foot
landscape buffer between uses along the western boundary of Lots 3-5. Block 1:
iv. - Modification of condition 1.2.5 to allow loading areas, docks. or bays to face
the western property line.
v. - Required applicant to submit an alternative compliance application for the 25
landscape buffer between uses;
Vi. - Rt:yuin:d tht: applil,;aut tu pursut: au t:mt:rgt:nI,;Y al,;l,;t:ss puint alun!!: lht: nurlht:rn
property line and report to the Council if this was viable.
d. Outstandin~ Issue(s) for City Council:
1. - The applicant is requesting not to cover the Eight Mile lateral on this property
as required by the UDC (see condition 1.2.8);
ii. - The applicant should provide more information about a possible emergency
access point available alonl! the northern property line.
111. -The comprehensive plan designation for the neighboring properties to the west
is Mixed Use Community which would allow for various zoninl! desil!1lations
and uses. Staff is concerned that decreasing the required landscape buffer alonl!
the western property line from 25 to 5 feet. as recommended by the Planning
Commission. may have a substantial adverse affect on the future redevelopment
potential of other properties in this area.
The Meridian City Council heard these items on November 21. 2006. At the DubHe hearinv they
ann roved the oroieet. with ehanves.
a.. Summary of City Council Public Hearin~:
i. In favor: Brad.Miller
11. In opposition: No.l},~
iii. Commentimr: None
IV. :Written testimony: None
v. Slaff Dresentimr application: Anna Borc~ers Canninl!
vi. Other staff commentinl! Qn_application: Joe SiLya
.h. Kev Issues of Discussion bv Council:
i. - Relationship between uses
ii. - Access into proJ;!osed proiect
iii. - Required buffer between land uses
iv. - Coverinl! the Eicl1t Mile. Lateral
to. Kev Council Changes to Commission Recommendation:
i. - De!~!ed condition 1.2.8 which required th~_applicant to cover the Eicl1t Mils<
Lateral.
ii. - Modified c.Qndition 1.2.6 to in,frease the landscape buffex beiween uses to ten
fee!~ and the constructioJ1 of a vinvl fence.
iii. - Added condition 1.2.11 which requires a shared drivewav and cross access
easement for Lot .10 Block 1 such that it shares a sinl!le access to Franklin Road
with the propertv 10 the ea~L
IV. =..M.Qdifkd condition 3.20. rel!ardinl! Fire Deoart~nt sil!11 off of uses prior to
CZc. to onlv applv to Lots 4. 5. 6. and 7 Block 1.
Cream line Park Subdivision AZ-06-048/PP-06-050
PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21,2006
v. - Added a nrovision to the DA that reauires the desim andarchitecture of any
future buildings on this site be generally consistent with the ten nhotQ~:m.h~
SYbmi1kd bv the annlicant labeled "DesilID Goals - Creamline Park
Subdivision" .
3. PROPOSED MOTION (to be considered after the public hearing)
Approval
After considering all staff, applicant and public testimony, I move to approve File Nmnbers AZ-
06-048 and PP-06-050 as presented in the StaffRcport for the hearing date of November 21,2006
with the following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-
06-048 and PP-06-050 as presented during the hearing of November 21, 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-06-048 and PP-06-050 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: 1200 West Franklin Road; in Section 12, Township 3 North, Range 1
West.
b. Owner:
Creamline Associates, LLC
3670 Hepburn Circle
Stockton, CA 95209
c. Applicant:
Same as owner
d. Representative: Kent Brown, Bailey Engineers
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 ofthe subject 32.75 acres to a mix ofC-G (8.74 acres) and I-L (24.01
acres) and Preliminary Plat approval of four commercial lots and six industrial lots.
1. Date of preliminary plat (attached in Exhibit A): 7/31/2006
2. Date oflandscape plan (attached in Exhibit A): 8/10/2006
5. PROCESS FACTS
a. The subject application will in fact constitute an annexation as determined by City Ordinance.
By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is
required before the City Council on this matter.
Creamline Park Subdivision AZ-06-048/PP-06-050
PAGE 3
CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21,2006
b. The subject application will in fact constitute a preliminary plat as determined by City
Ordinance. By reason ofthe provisions of the Meridian City Code Title 11 Chapter 5, a public
hearing is required before the City Council on this matter.
c. Newspaper notifications published on: October 2nd and 16th, 2006 (Planning Commission)
October 30th and November 13. 2006 (Citv Council)
d. Radius notices mailed to properties within 300 feet on: September 22m', 2006 (Planning
Commission)
October 27th. 2006 (City Council)
e. Applicant posted notice on site by: October 9th, 2006 (Planning Commission)
November 13th, 2006 (City Council)
6. LAND USE
a. Existing Land Use(s): The site is currently vacant; there are no existing buildings.
b. Description of Character of Surrounding Area: There are various uses that are adjacent to this
property. To the east is a large industrial area that includes a storage facility and other light
industrial uses. To the north is the railroad, a retirement community and multi-family
dwellings. To the west is a daycare facility within city boundaries and various rural residences
zoned Rl in Ada County. To the south across Franklin Road is the Crestwood Estates
Subdivision, a single-family residential neighborhood.
c. Adjacent Land Use and Zoning:
1. N0l1h: Retirement Community and future Multi-family, Zoned L-O
2. East: Lumber Storage and Vacant Land, Zoned I-L
3. South: Franklin Road and Crestwood Estates Subdivision, Zoned R-4
4. West: Single-family homes and some home occupations, zoned Rl (Ada County),
a daycare, zoned L-O, and vacant land zoned C-C.
d. History of Previous Actions: In February of 2005 the Planning Department received a previous
development application for this property. This application consisted of an annexation and
zoning request for the entire 32.75 acres, to a mix of residential and commercial zoning
districts. The application also included a conditional use permit fur mullifamily develupmenl,
and a request for preliminary plat approval of 146 residential building lots, and 1 commercial
lot. This previous development application only included one public street access point to
Franklin Road. The Planning, Police, and Fire Departments had serious concerns about
adequate access to this previous proposed development. These concerns were outlined in the
staff report along with recommendations to provide some type of secondary access in to the
proposed development. The primary recommendation was to provide a stub street that could
be extended to Linder Road. The Planning Department also had serious reservations about the
compatibility of uses on this site, specifically the potential conflict between the proposed
residences and existing industrial users to the east. Due to these concerns the applicant chose
to withdraw the application before it was voted upon by the Planning Commission or City Council.
e. Existing Constraints and Opportunities:
1. Public Works:
Creamline Park Subdivision AZ-06-048/PP-06-050
PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21, 2006
Location of sewer: There is currently a sewer trunk on the north side of this
property and a sewer main in W. Franklin Road.
Location of water: There is currently water main located in W. Franklin Road.
Issues or concerns: 1.) Water main sizing. 2.) Flood plain.
2. Canals/Ditches Irrigation: The Eight Mile Lateral runs directly through this site. The
applicant is proposing to cover this lateral as required by the UDC.
3. Hazards: A portion of the rear of this property lies within the 100 year flood plain.
4. Proposed Zoning: C-G (General Commercial) and I-L (Light fudustrial)
5. Size of Property: 32.75 acres
f. Subdivision Plat fuformation:
1. Commercial Lots: 4
2. fudustrial Lots: 6
3. Total Building Lots: 10
4. Common Lots: 0
5. Other Lots: 0
6. Total Lots: 10
g. Landscaping
1. Width of street buffer(s): 25 feet (along Franklin Road)
2. Width ofbuffer(s) bctwccn land uscs: 25 fcct (to non industrial uscs)
3. Percentage of site as open space: N/ A
h. Off-Street Parking: UDC 11-3C-6 requires one parking space for every 500 square feet of
gross floor area in all Commercial Districts, and one parking space for every 2,000 square feet
of gross floor area in all hldustrial Districts.
1. Summary of Proposed Streets and/or Access: One public street (North West 13th) is proposed
for this project. This street is a cul-de-sac that extends from Franklin Road and runs north into
the property for approximately 450 feet. Beyond the cul-de-sac the applicant is proposing a
500 foot drive aisle and cross access easement to provide access to the rest ofthe property that
is not directly served by the cul~de~sac. The applicant is also proposing to construct two curb
cuts that will allow for direct access from Franklin Road fur Lols 2 and 10, Blol,;k 1. Plt:ast: st:t:
Staffs Analysis below for more on the proposed access for this development.
7. COMMENTS MEETING
On September 29,2006, 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. Staff has included commentF:, conditionF: and recommended actions
in Exhibit B below.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Mixed Use Community" on the Comprehensive Plan Future Land
Use Map. Mixed Use Community areas are anticipated to contain a variety of commercial and
Cream1ine Park Subdivision AZ-06-048/PP-06-050
PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21,2006
residential uses (see Page 103 of the Comprehensive Plan.) The proposed Preliminary Plat
includes four commercial lots and six industrial lots. The commercial lots are proposed in a C-G
(General Commercial) zone and the industrial lots are proposed in an I-L (Light Industrial Zone).
The Comprehensive Plan does not identify specific zoning districts that are allowed in the "Mixed
Use Community" designation, but it does encourage transitional uses and flexibility. Staff
believes that this property is in a transitional area of the city and that the C-G and I-L districts are
appropriate, considering the current and potcntial ncighboring uscs.
Staff fmds 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 1 - Rjjquin: that djjvdupmt:Ill prujt:l,;t:; havt: plaIlIlt:d
for the provision of all public services.
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian plans to provide municipal services to the lands proposed
to be annexed in the following manner:
. Sanitary sewer and water service will be extended to the project at the developer's
expense.
. The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District.
Once annexed the lands will be under the jurisdiction of the Meridian City Fire
Department, who currently shares resource and personnel with the Meridian Rural Fire
Department.
. The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office.
Once annexed the lands will be serviced by the Meridian Police Department (MPD).
. The roadways adjacent to the subject lands are current(v 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 sliffer no revenue loss as a
result of the subject annexation.
Municipal, fee~supported, services will be provided by the Meridian Building Department, the
Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater
Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary
Services Company.
Chapter VI, Goal II, Objective A, Action 3 - Consider "Accommodating Bicycle and Pedestrian
Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all
land-use decisions.
This publication encourages jurisdictions to establish bikeway and walkway facilities in new
construction and reconstrnction 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.
Creamline Park Subdivision AZ-06-048/PP-06-050
PAGE 6
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21, 2006
The submitted preliminary plat proposes one public street that terminates as a public street with
a cul-de-sac, but continues on into a large Industrial development as an access easement.
Although Staff is unsupportive of the proposed street layout, Staff believes that through some
modification (described at length in section 10) that this subdivision could improve circulation
and connectivity in this area of the city, if the conditions listed in Exhibit B are complied with.
Chapter VI, Goal II, Objcctivc A, Action 13 - Rcvicw new development for appropriate
opportunities to connect to local roads and collectors in adjacent developments.
The submitted preliminary plat does not take advantage of the location of SW 12th Street which is
an existing local road across Franklin Street from this property. Staff is proposing that this local
road be extended across Franklin to cumply with this Gual and Actiun item (see Sectiun 10).
Chapter VII, Goal IV, Objective D, Action 2 - Restrict curb cuts and access points on collectors
and arterial streets.
As noted above, the applicant is proposing one public street connection to Franklin Road (an
arterial street) and two curb cut driveways. Staff is not supportive of the proposed access and
street design and describes an alternative plan in Section 1 (} of this repnrt. Staff helieves that
direct lot access should be restricted for this project, and that the applicant should provide a
more versatile public street system.
Chapter VII, Goal IV, Objective C, Action I - Protect existing residential properties from
incompatible land use development on adjacent parcels.
The applicant is proposing an industrial zone adjacent to various residences and a day care
facility. Staff finds that the industrial use can co-exist with these residential properties in the near
vicinity if land use buffers are installed along the western property line as conditioned in Exhibit
B.
Chapter VII, Goal IV, Objective A, Action 2 - Encourage industrial development to locate
adjacent to existing industrial uses.
The land abutting this properties eastern boundary is currently zoned I-L within in the city. Staff
believes that allowingfor an I-L zone on the northern portion of the subject property is consistent
with the comprehensive plan.
Chapter VII, Goal IV, Objective A, Action I - Minimize noise, odor, air pollution and visual
pollution in industrial development adjm;jjnt tu n:sidt:ntial areas.
Currently there are various residential uses abutting the western boundary of this property.
While these residences will most likely transition to commercial uses in the future, staff is still
concerned about noise and other impacts an industrial development could have on these
properties. The developer should take these residences into account when it considers users for
the lots that abut homes. StajJ makes recommendations in Section 10 and Exhibit B of this report
to help minimize any potential cnnjlict hetween uses.
Chapter VII, Goal I, Objective E, Action 3 - Require industrial areas to create a site design
compatible with surrounding uses (e.g. landscape, fences, etc.) and community design criteria.
See analysis above.
Creamline Park Subdivision AZ-06-048/PP-06-050
PAGE 7
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21,2006
Staff recommends that the Commission and Council rely on any verbal or written testimony that may be
provided at the public hearing when determining if the applicant's zoning and development request is
appropriate for this property.
9. UNIFIED DEVELOPMENT CODE
a. Schedule of Uses: Unified Development Code (UDC) lists various uses that are allowed in the
C-G and I-L districts.
b. Purpose Statement of Zone(s):
GENERAL COMMERCIAL DISTRICT (C-G): The purpose ofthe Commercial Districts
is to provide for the retail and service needs of the community in accord with the
Meridian Comprehensive Plan. Four Districts are designated which differ in the size and
scale of commercial stmctures accommodated in the district, the scale and mix of allowed
commercial uses, and the location of the district in proximity to streets and highways:
LIGHT INDUSTRIAL DISTRICT (I-L): The purpose of the I-L District is to provide for
convenient employment centers of light manufacturing, research and development,
warehousing, and distributing. In accord with the Meridian Comprehensive Plan, the I-L
District is intended to encourage the development of industrial uses that are clean, quiet
and free of hazardous or objectionable elements and that are operated, entirely, or almost
entirely, within enclosed structures. Accessibility to transportation systems is a
requirement of this District.
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 C-G and I-L zones are appropriate for this property.
Please see Exhibit D for detailed analysis of the required facts and findings for
annexation.
The annexation legal description submitted with the application (stamped on July 26,
2006 by D. Terry Peugh, PLS) shows the property as contiguous to the existing
corporate boundary of the City of Meridian.
Special Considerations:
Compatibility With Surrounding Uses: The proposed zoning designations and
concept plan submitted by the applicant show various industrial and commercial
buildings proposed for this site. Staff is mostly concerned with the proposed
industrial uses on Lots 3-5, Block 1 that will be adjacent to various existing
homes and a day care facility. To help avoid potential conflicts between the
existing residences to the west and the proposed industrial dcvelopmcnt staff
believes that some of the principally permitted uses in the I-L zone should not be
allowed on Lots 3,4, and 5, Block 1. These uses include vehicle impound yard,
solid waste transfer station, recycling center, and major vehicle repair. Staff feels
that these uses are too intense to be located adjacent to residences. Staff also
believes that nu that nu trash l,;umpal,;turs, loading areas, docks, or bays should
face the western property line on Lots 3,4, and 5, Block 1.
Creamline Park Subdivision AZ-06-048/PP-06-050
PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21,2006
Development Agreement: UDC 11-5B-3.D.2 and Idaho Code 9 65~67llA
provides the City the authority to require a property owner to enter into a
Development Agreement (DA) with the City that may require some written
commitment for all future uses. Staff believes that a DA is necessary to ensure
that this property is developed in a fashion that is consistent with the
comprehensive plan designation and does not negatively impact nearby
properties.
Prior to the annexation ordinance approval, a Development Agreement (DA)
shall be entered into between the City of Meridian, property owner (at the time of
annexation ordinance adoption), and the developer. The applicant shall contact
the City Attorney, Bill Nary, at 888-4433 to initiate this process._The DA
shall incorporate the following:
. That all future uses shall not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any
persons, property or the general welfare by reason of excessive
production oftraftic, noise, smoke, fumes, glare or odors.
. That all future development of the subj ect property shall be constructed
in accordance with City of Meridian ordinances in effect at the time of
development.
. That the applicant will be responsible for all costs associated with the
sewer and water service extension.
. That any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic selVice, per City
Ordinance Section 5-7-517, when selVices are available from the City of
Meridian. Wells may be used for non-domestic purposes such as
landscape irrigation.
. That the following uses shall not be allowed on Lots 3,4, and 5, Block 1:
a. Vehicle impound yard
b. Solid waste transfer station
c. Recycling center
d. Vehicle Repair, major
. That no trash compactors, loaaiag areas, docks, or bays face the western
property line on Lots 3,4, and 5, Block 1.
. That prior to issuance of any building pennit, the subj ect property be
subdivided in accordance with the City of Meridian Unified
Development Code.
. That the desil!ll and arcl}jtecture of anv future buildinl!s on this site be
l!enerallv consistent with the ten ohotol!faohs submitted bv the aoolicant
labeled "Desjg!l.Q9als - Creamline Park Subdivision".
2. PP Application: Upon modification per the conditions listed in Exhibit "B", Staff believes that
the proposed preliminary plat will substantially comply with the Unified Development
Code.
a. Special Considerations:
Street Design: From the initial pre-application meeting for this project Staff has been
concerned about access and circulation on this site and in this area. In the pre-application
meeting the applicant proposed a single public road/cul-de-sac that extended deep into site
Creamline Park Subdivision AZ-06-048/PP-06-050
PAGE 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21,2006
(approximately 800 feet). Staff informed the applicant that such a street design did not meet
the city's subdivision and street standards as described in UDC 11-6C-3B4. This regulation
specifically limits cul-de-sac or dead end streets to a maximum of 450 feet. The purpose of the
maximum length requirement for cul-de.sac and dead end streets is to encourage
developments to provide adequate public circulation in and through any development project.
Staff voiced these concerns, and requested that the applicant redesign the site to provide for
better circulation and access to such a large dcvelopment. In response to these requl::sts, lhlj
applicant submitted the preliminary plat and concept plan that is ineluded in this report (see
exhibit A).
As the plans show the primary access to this development is still a single cul-de~sac street that
has been rcduced in length from the original proposallu mljel the 450 foot maximum length
requirement. The proposed industrial lots (4- 7) at the north end of the property are anticipated
to take access off of an approximately 500 foot driveway and cross access easement that is
extended from the northern tenninus of the cul-de-sac to Lots 4-7, Block 1. While this
configuration is not strictly prohibited by the UDC, staff is still concerned about the lack of
access and public street circulation on this site. Although the applicant is meeting the cul-de-
sac length requirement as described in the UDC, staff believes that the intent of that
requirement is not being met. In other words when the proposed cuI-dc-sac is combined with
the proposed private driveway easement the result is a 900 foot street/driveway that dead ends,
and a 32.75 acre development which takes primary access from a 450 foot cul-de-sac. To
remedy this Staff proposes the following:
That the applicant provides two public street access points to this property along Franklin
Road. Staff suggests that these two access points be linked by a public street that would loop
into the proposed development. Staff proposes that eastern public street access point be an
extension of the existing SW 12u1 Street which currently intersects Franklin Road across from
the south east comer of this property. This extension of SW 12th Street could be brought north
into the property across the Eight Mile lateral, and then looped around to reconnect with
Franklin Road at a location to be determined by the Applicant and ACHD. This U shaped loop
would provide two separate points of access into this project and increase the public street
circulation pattern in this area. The extension of SW 12th street across Franklin Road would
also provide access for the parcel (#S12l23466l5) to the east when they develop in the future,
without the necessity of an acccss point on Franklin Road.
Staff presents this as one possible option that would provide greater access to this
development. Other solutions could be developed by the applicant that could increase public
and emergency access into the site. Staff is not recommending a stub street to the east due to
the lack of any outlet in that direction. Likewise, Staff is nut recummending a stub street to the
west, to be cOllllected with Linder Road, due to the size and configuration of the bordering
lots. If a stub street was provided to the west it would cover an entire lot, if and when it was
extended. A westerly stub street would also allow for unnecessary cut through traffic between
Linder Road and Franklin Road.
Access: Staff also has concerns about direct lot access to Franklin Road, which is classified as
an arterial street on the adopted Functional Street Classification Map_ As proposed the
applicant shows Lot 2 and 10, Block 1 with direct access to Franklin Road. Chapter VII, Goal
VI, Objective D, Action 2 of the Comprehensive Plan says that curb cuts and access points
should be restricted along arterial and collector streets. Staff believes that direct lot access to
Franklin Road should be restricted for this development. Staff believes that the applicant
should provide a cross access easement to the Thornton property (parcel #1212336030) to the
Cream1ine Park Subdivision AZ-06-048/PP-06-050
PAGE 10
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOYEMBER21, 2006
west. Staff believes that providing cross access to this property is important due to its limited
frontage (340 feet) on Franklin Road and proximity to the intersection of Linder and Franklin
Roads.
Compatibllity/Landscape Buffer to Adjoining Uses: The concept plan submitted by the
applicant shows various industrial and commercial buildings proposed for this site. Staff is
mostly concerned with the proposed industrial uses on Lots 3-5, Block 1 that will be adjacent
to various existing homes and a day care facility. UDC Table ll-2C-2 requires a 25 foot wide
landscape buffer to non-industrial uses in the I.L zone. Staff believes that this buffer will help
to mitigate the inherent difference between the existing and proposed uses. Beyond this
landscape buffer, staff also believes that no that no trash compactors, loading areas, docks, or
bays should face the westem property line on Lots 3,4, and 5, Block 1.
Landscaping: The landscape plan prepared by G. Gensen, on 8-10-06, is approved with the
following modifications/notes:
. Per UDC 11-2B-3, a 25-foot wide landscape buffer should be provided along
Franklin Road that meets the standards outlined in 11- 3B-7.
. Per UDC Table 11.2C.2 construct a 25-foot wide landscape buffer on Lots 3-
5, Block 1, along the west property line. Said buffer should be constructed in
accordance with UDC ll-3B-9. Said buffer should be installed prior to
occupancy of the future use on the individuallot(s).
. 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 trccs on sitc.
. 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, reflecting the changes/notes mentioned
above, with the [mal plat application(s).
Fencing: The submitted preliminary plat shows existing fencing arO\Uld most of the site. The
applicant did not make it clear if this fencing was to remain or be removed. Staff
recommends that the applicant clarify, at the public hearing what the fencing plan is for
this 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
fencing shall be designed according to UDC ll-3A-7.
Ditches, Laterals, and Canals: Per UDC 1l.3A-6 all irrigation ditches, laterals or canals,
exclusive of any natural waterways that intersect, cross or lie within the area being subdivided
shall be covered. The Eight Mile Lateral traverses this site. This lateral should be covered as
required by the UDC.
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 final plat by the City Engineer. An underground,
Creamline Park Subdivision AZ-06-048/PP-06-050
PAGE 11
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21, 2006
pressurized irrigation system should be installed to all landscape areas per the approved
specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28_
b. Staff Recommendation: Staff recommends approval of the subject applications AZ-06-
048 and PP-06-50, with the conditions listed in Exhibit B of the Staff Report for the hearing
date of October 19, 2006. The Meridian Plannin!! and Zonin!! Commission heard these
items on October 19. 2006. At the public hearin!! they moved to recommend approval.
The Meridian City Council heard these items on November 21. 2006. At the DubHe
hearin2" thev aDnroved the nroiect. with changes.
11. EXHIBITS
A. Drawings
1. Preliminary Plat (dated: 7-31-06)
2. Landscape Plan (dated: 8-10-06)
3. Concept Plan (dated: 8-10-06)
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
8. Central District Health Department
9. Nampa and Meridian Irrigation District
C. Legal Description
D. Required Findings from Unified Development Code
Creamline Park Subdivision AZ-06-048/PP-06-050
PAGE 12
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21,2006
A Drawings
1. Preliminary Plat (dated: 7-31-06)
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21,2006
2. Landscape Plan (dated 8-10-06)
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Exhibit A - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21,2006
3. Concept Plan (dated: 8-10-06)
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Exhibit A - Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21, 2006
B. Conditions of Approval
1. Planning Department
1_1 ANNEXATION COMMENTS
1.1.1 Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into
between the City of Meridian, property owner(s) (at the time of annexation ordinance adoption),
and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to
initiate this process.
1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT (PP-06-050)
1.2.1 The preliminary plat labeled as PP~ 1, prepared by Bailey Engineering, Inc., dated July 31, 2006 is
approved, with the conditions listed herein. All comments and conditions of the accompanying
Annexation and Zoning (AZ-06-048) application shall also be considered conditions of the
Preliminary Plat (PP-06~050)
1.2.2 The ap13lieaRt shall provide two publio street aeeess p0iffis to this pmpecty aloRg yraflkliB Road.
These two streets sliall be lifl:ked t0getaer by a p1:1blie street that loops mt0 the profl0sed
developffiElBt aeross the Eight Mile Lateral. ORe of these p1:1hlie street aeeess poiffis shall aliga.
wita SW 12ti! Street '.vaiea eurreBtly iBterlSlects Franklin Rond aoross from this property. OR Tae
applioant shall submit a revised plat with an akemati'/e street desigR that inoreases the ability for
aeeess to the Rorth side of the Eight Mile Lateral, if reqt:lired by the C0l'l.'li'frissiol'l. 81:1hmit 10 full
size eopies and one 8.5" J( 11" eopy 0f the revised plat at least 10 days prior to the City Counoil
heariHg.
1.2.3 The applieant shall prod de a oross aoeess eaSefflefl:t to the ThomtoR pmperty (parcel
#1212336030) to the west. Said easemeRt shall either be reoorded prim to sigRature of the fiBaI
plat by the City El'lgiBeer, and/or be depioted OB the faee of the fifl:tll plat.
1.2.1 The Etf3fllieaat shall provide a 25 foot wide landsoape buffer along- the western boundary of Lots
3 5, Bloek 1. This seHer shall be desigaed and plaRted iR aeeordaRee ,vith UDC 11 3B 9. This
beffer shall be installed OR eaeh lot, prior to oeel:l13aBey of the buildiBg OR eaeh lot.
1.2.5 No trash compactors, loading areas, d0eIcs, or bays shall face the western property line on Lots 3-
5, Block 1.
1.2.6 The landscape plan prepared by G. Gensen, on 8-10-06, is approved with the following
modifications/notes:
. Per UDC ll-2B-3, a 25-foot wide landscape buffer shall be provided along Franklin
Road that meets the standards outlined in 11-3B-7.
. The applicant shall submit an alternative compliance application to reduce the 25 foot
buffer between land uses on the western propertv line to a ten fiwl foot landscape buffer
with a six foot vinvl fence BRain lint: f8R88 ',,'ilk alatB €If a SililZI3 IHll€ll'.
. Per UDC 11-3B~ I 0, 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, if applicable.
. 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.
Exhibit B ~ Page 1
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21, 2006
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).
1.2. 7 ~hal1 clar-ify,--at the public hearin!;, what type of fencing will be installea '.vitli this
developmeftt. 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. All fencing shall be designed
according to UDC ll-3A-7.
1.2.8 Per tIDe 11 3A ~ all imgati@R sit@hlla, latecals @r lliMUL18, Gut tmellisi-:@ @f aa:," aahlral \'"at01'\Yllj",
tam iatl1lrs(let, (If@88 @r till v::itlrin the at@a b@ing 8oo€li\"hil1l€l shalllHl e@-:llflla. Plans \i\"illnllila t!~ b@
~pnr:lla G)" th@ ~flf@flHatil iH'igatieIL'dfttinagl1l diBtAllt, @r lat€lml tiB@C!! a88@iliati@R €sitilh
In-;R@rg~, wita ,::T-itha appc@y:al @c n@a 8flflf@\"al Sli8R'littilS t8 ta@ Puhlill '\" oIl:n l)(lpaJStmllat. If
Illteral \1881"S ass@lliati@n ~J!lf@':al ilaR R@t bll 1l8taind, altiJmalll plafili .. ill 8/iil Ill. ill.. Inl ltIlM
appn~-:ila 9:" thll Cit:; ~:agiml@r pftllr t@ filial plat sigD8tlti'e.
1.2.9 Underground, pressurized irrigation must be provided to all lots within this development.
1.2.10 The applicant will pursue obtaininl! emerl!ency access on the north property line prior to the City
Council Hearinl! for this proiect. The applicant shall report their findings concerning this possible
emergencv access to the City Council during the public hearin!!.
1.2.11 The oreliminary and final olats shall depict a shared drivewav and cross a~..s.s easement for Lot
10 l?lock 1 such thaUtshares a sim!~.~_a~cess to Franklin Road witl1 the propertv to tl.!e e~st.
1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT (PP-06-050)
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 ll-3A-17.
1.2.3 Coordinate fire hydrant placement with the City of Meridian Public Works Department.
1.2.4 Staffs failure to cite specific ordinance provisions or tcrms of the approved annexation and
conditional use does not relieve the applicant of responsibility for compliance.
1.2.5 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC Il-6B-7.
2. Public Works Department
2.1 Sanitary sewer service to this development is being proposed via extension of mains located on
the north and south of this project. Thlj applil:aut 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. Minimwn 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 confonnance of City of Meridian
Exhibit B - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOYEMBER21, 2006
Public Works Departments Standard Specifications.
2.2 The preliminary plat depicts a sewer main being installed in the landscape butler. Per City of
Meridian's standard form of easement no trees shall be allowed within the required 20-feet of
easement. The applicant shall coordinate with Planning to comply with this condition while still
complying with all landscape ordinance.
2.3 Water service to this site is being proposed via extension of mains in W. Franklin Road. The
applicant shall be responsible to install water mains to and through this development, coordinate
main size and routing with Public Works.
2.4 A water connection to the blow-off stubbed to this property from parcel #1212346667 shall be
required.
2.5 The water main depicted from being installed from W. Franklin Road to the northern portion of
this property shall be upsized to a minimum of lO-inch main.
2.6 A portion of this site is within a FEMA floodplain zone A. The applicant shall be responsible to
determine the Base Flood Elevation, and if any lots are within the flood plain those buildings
shall provide Base Flood Elevation Certification prior to building pennits being issued.
2.7 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13
and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of
reimbursable pipe) being fmalized prior to construction plan approval. The detailed agreement
with the reimbursable amowIt shall be approved by CowIcil prior to plat signatw-e.
2.8 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public
right uf way (indudt: all watt:f st:fvi\;t:s amI hydrants).
2.9 The applicant has not indicated who will own and operate the pressure irrigation system in this
proposed develupment. If it is tu bt: maintaint:d 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 [mal plat signature on the last phase of this project.
If it is to be owned and maintained by an hrigation District then evidence of a license agreement
shall be submitted prior to scheduling of a pre-construction meeting.
2.10 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, a single-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
signature on the fmal plat by the City Engineer_
2.11 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC
shall be removed prior to signature on the final plat by the City RngineeL
2.12 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 thi!'<: !'<:eparation
requirement and comply with all landscape requirements.
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.t
2.14 The preliminary plat shows the Eight Mile Lateral as being left open. City code requires that
ditches be tiled unless they are used as a water amenity or linear open space, or if the Council
Exhibit B - Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21,2006
finds the public purpose is not served by tiling this ditch. The council can also waive this
requirement on large capacity facilities (48-inch has been the rule ofthumb). If the large capacity
argument is going to be used, the applicants engineer shall submit documentation supporting this
assertion prior to the City Council hearing.
2.15 Per UDC 11 ~ 3A~6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that
intersect, cross or lie within the area being developed shall be tiled. 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.
2.16 A drainagc plan designed by a State ofIdaho licensed architect or engineer is required and shall
be submitted to the City Engineer (Ord. 557, 1O~1~9l) for all off-street parking areas. Storm water
treatment and disposal shall be designed in accordance with Department of Environmental
Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities
and Counties and City of Meridian standards and policies. Off-site disposal into surface water is
prohibited wlless the jmisdiction which has authority over the receiving sh-eam provides written
authorization prior to development plan approval. The applicant is responsible for filing all
necessary applications with the Idaho Department of Water Resources regarding Shallow
Injection Wells.
2.17 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.
2.18 Sewer, water, pressurized irrigation, and any life safety development improvement shall receive
final approval prior to occupancy. Other required development improvements, such as fencing,
micropaths, and landscaping may be bonded for prior to obtaining certificates of occupancy.
2.19 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.
2.20 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.
2.21 Applicant shall be responsible for application and compliance with and NPDES Pennitting that
may be required by the Environmental Protection Agency.
2.22 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.23 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.
2.24 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.
2.25 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.
2.26 One hundred watt, high~pressure sodium streetlights, on 25' pole shall be required on all public
residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole
shall be required on subdivision entrances and collector roadways. Design of the streetlights shall
be approved by the Public Works Department. Decorative lights require a streetlight agreement
on file with Public Works prior to activation. All streetlights shall be installed at subdivider's
Exhibit B - Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21, 2006
expense. Typical locations are at street intersections and/or fIfe hydrants, and no further than
400' distance in between locations. Final design locations and quantity are determined after
power designs are completed by Idaho Power Company. The street light contractor shall obtain
approval from the Public Works Department, and pennit from Building Department prior to
commencing installations.
3. Fire Department
3.1 Acceptance of the water supply for ftre protection will be by the Meridian Fire Department and
water quality by the Meridian Water Department for bacteria testing.
3.2 Final Approval of the fIfe hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on comers when spacing pennits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be place 18" above ftnish 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.
3.3 The phasing plan may require that any roadway greater than 150 feet in length that is not
provided with an outlet shall be required to have an approved turn around.
3.4 An approved fire department turnaround shall be constructed adjacent to the northern pmperty
liRe (Lets 5 afla 6, Bleek 1) at the northern tenninus of the proposed cross access easement that
extends north from the cul-de-sac. This tumaround shall be !!:enerallv located near the southern
boundaries of Lots 5 and 6. Block 1. This turnaround shall be fully accessible by emergency
vehicles.
3.5 All entrance and internal roads and alleys shall have a turning radius of28' inside and 48' outside
radius.
3.6 Requirements for dead-end fire apparatus access roads that are between 500'-750' in length. The
roadways shall bc built to Ada County Highway Standards cross section requirements and shall
have a clear driving surface, available at all times, which is 26' wide. Streets with less than a 35'
street width shall have no parking. Streets with less than 39' shall have parking only on one side.
These measurements shall be based on the face of curb dimension. Special approval required
over 750' IFC Table DI03.4. The roadway shall be able to accommodate an imposed load of
75,000 GVW.
3.7 For all Fire Lanes. provide signage "No Parking Fire Lane".
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 UIl sitt:.
1_9 Commercial and office occupancies will require a fire-flow consistent with the International Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
Exhibit B - Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21, 2006
3.10 The 4 office/commercial lots lot will have an unknown transient population and will have an
unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has
experienced 2612 responses in the year 2004. According to a report completed by Fire &
Emergency Services Consulting Group our requests for service are projected to reach 2800 in the
year 2005 and 3800 by the year 2010.
3.11 All portions of the buildings located on this proj cct must be within 150' of a paved surface as
measured around the perimeter of the building.
3.12 Provide exterior egress lighting as required by the International Building & Fire Codes.
3.13 Where a portion of the facility or building hen:aftt:r cunstructed 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).
3.14 There shall be a fire hydrant within 100' of all Fire Department connections.
3.15 Buildings over 30' in height are required to have access roads in accordance with Appendix D
Section D105.
3.16 'This proj ect will be required to provide a 20' wide swing or rolling emergency access gate. The gate
shall be equipped with a Knox box Padlock which has to be ordered thru the Meridian Fire
Department.
3.17 Please contact the Fire Marshal at 888-1234 to work specific issues associated with this project as
soon as possible.
3.18 The Fire Department reserves the right to restrict future uses that involve flammable and hazardous
materials in areas that are only served by one access. 'This condition shall only applv to lots 4. 5. 6.
and 7. Block 1 as shown on the preliminary plat.
3.19 The Fire Department is concerned about adequate fire hydrant flow in this area. The applicant shall
ensure that all fire hydrant flow specifications are achieved.
3.20 The applicant must provide fIfe deoartment approval of any uses north of the creek (Lots ~ 4. 5. 6.
L Block 1) prior issuance of a Certificate of Zoning; Compliance for any use or structure in this area.
4. Police Department
4.1 The Police Department is concerned about the single access that is provided to the industrial lots
at the rear of this property.
5. Parks Department
Exhibit B - Page 6
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21, 2006
5.1 The Parks Department has no concerns with the site design as submitted with the application.
6. Sanitary Service Company
6.1 SSC did not provide comments related to this application.
7. Ada County Highway District
Site Specific Conditions of Approval
7.1 COIlstrucllhe internal street, NW 13th Avenue, as a 41-foot street section with vertical curb,
gutter, and 5-foot attached concrete sidewalk, within 54-feet of right-of-way, located
approximately 400-feet east ofthe west property line.
7.2 Construct a standard cul-de-sac turnaround at the terminus ofNW 13th Avenue with a minimum
turning radius of 45-feet.
7.3 Driveway access to NW 13th Avenue should be located a minimum of 50-feet (measured near
edge to near edge) from the intersection with Franklin Road, be paved the entire width, and at
least 30-feet intro the site. Commercial Driveways should be no greater than 36-feet wide, and
industrial driveways should be no greater than 40~feet wide.
7.4 Relocate the westerly (closest to the intersection with Linder Road) driveway to take access from
NW 13th Avenue; OR construct a shared right-in/right-out driveway at the west property line
with a 6-inch raised median installed in the middle of Franklin Road to restrict turning
movements.
7.5 Relocate the easterly driveway on Franklin Road to NW 13th Avenue, in compliance with
District policy requirements; OR shift the driveway to align with 12th Avenue to the south
thereby providing a shared access for the parcel to the east.
7.6 Provide an easement for the existing sidewalk on Franklin Road, if one does not already exist.
7.7 Other than the access point(s) specifically approved with this application, direct lot access to
Franklin Road is prohibited. A note regarding this access restriction will be required on the final
plat.
7.8 Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
7.1 b Any existing irrigation facilities shall be relocated outside of the right-of-way.
7.2b Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of-way.
7.3b All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
Exhibit B - Page 7
CITY OF MERlDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 2], 2006
7 Ab Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.5b Comply with the Uistrict's Tree Planter Width Interim Policy.
7.6b Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
7.7b All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State ofIdaho shall prepare and certify all improvement plans.
7.8b The applicant shall submit revised plans for staff approval, prior to issuance of building pennit
(or other required penl1its), which incorporates any n:yuirtld llt:sign changes.
7.9b Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
7.10b Payment of applicable road impact fees are required prior to building construction in accordance
with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance.
7.11 b It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-800.342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
7.12b No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
7.13b Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the plaIllled 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
Exhibit B - Page 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21,2006
8.1 After written approval from appropriate entities are submitted, we can approve this proposal for
central sewage and central water.
8.2 The following plans must be submitted to and approved by the Idaho Department of Health &
welfare, Division of Environmental Quality: central sewage and central water.
8.3 Run-offis not to create a mosquito breeding problem.
9. Nampa and Meridian Irrigation District
9.1 Applicant shall apply for a land use change application prior to final platting.
9.2 All laterals and waste ways must be protected.
9.3 All easements must be protected and any encroachment without a signed License Agreement and
approved plan, before any construction iR RtaTted, is unacceptable.
9.4 All municipal surface drainage must be retained on site. If any surface drainage leaves the site,
the Nampa & Meridian Irrigation District must review drainage plans.
9.5 The Developer must comply with Idaho Code 31-3805.
9.6 NMID recorrunends that irrigation water be made available to all developments within the Nampa
& Meridian Irrigation District.
Exhibit B - Page 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21,2006
C. Legal Description
.
IDAHO
SURVEY
GROUP
1450 East Watertower St.
Sui... I.~O
Meridian, Idaho 83642
Phone (208) 846.8570
Fax (108) 884-5399
Project No. 06-210
July 26, 2006
CreamUne Park Subdivision
Annexation Description
A parcel oflamllucaled in the West Y, of the SWl/4 of Section 12, T.3N., RI W.,
B.M., Ada County, Idaho, more particularly described as follows; Commencing at the
Southwest comer of said Section 12, from which the Yo comer common to Section I3 and
the: said Section 12 bears South 89015'24" East, 2651.28 feet; Thence South 89015'24"
East, 353.08 feet to the REAL POINT OF BEGINMNG.
Thence North 00043' I 0" East, and aloug the East line of Heppers Acre
Subdivision, as same is recorded in Book 19 of Plats at Page 1298, records of Ada
County, Idaho, a distance of 1476.50 feet to the Northeast comer of said Subdivision
lying on the South right-of-way of the Union PlIcific Railroad;
Thence along said right-of-way South 88030'36" East, 968.15 feet;
Thence departing said right.of~way South 00032'36" West, 1463.89 feet to the
West 1/16 comer common to said Sections 12 and 13;
Thence North 89015'24" West, 972.56 feet to the Point of Beg inn mg. Containing
32.75 acres, more or less.
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D. Terry Pe1Jgh, pr.s
Professional Land Surveyors
Exhibit C . Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21, 2006
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Exhibit C - Page 2
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 21, 2006
D. Required Findings from Unified Development Code
1. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and sball, at tbe public bearing, review the application. In order to grant an annexation
and/or rezone, the Council shall make the following findings:
1. Tbe map amendment complies witb the applicable provisions of the comprehensive
plan;
The applicant is proposing to zone the subject property to C-G and l-L. 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 purpose statement of the C-G and l-L zones, if the applicant enters into a
development agreement with the city.
3. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
Council finds that the proposed zoning amendment will not be detrimental to the public
health, safety, or welfare, if the applicant enters into a Development Agreement with the
City and complies with the conditions listed in Exhibit B of the Staff Report. Staff
recommends that the Commission and Council rely on any oral or written testimony that
may be provided when determining tIus finding.
4. The map amendment shall not result in an adverse impact upon the delivery of
services by auy political subdivision providing public services within the City
including, but not limited to, school districts; and,
Council finds that the prupu:st:u :wning 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 oftbe City (UDC 11-5B-3.E).
The C-G and l-L zoning amendment will provide lots that are similar in nature to existing
subdivisions in the near vicinity, and transitions well to the future development in the
vicinity. Council fmds 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 property
to C-G and I-L would be in the best interest of the City.
2. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat,
the decision-making body shall make the following findings:
1. The plat is in conformance with the Comprehensive Plan;
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOYEMBER 21, 2006
Council finds that the proposed application is in substantial compliance with thc adopted
Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, and
Analysis, Section 10 of the Staff Report.
2. Public services are available or can be made available and are adequate to
accommodate the proposed development;
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 [mds that the subdivision will not require the expenditure of capital
improvement funds.
4. There is public financial capability of supporting services for the proposed
development;
Staff recommends the Commission and Council rely upon comments from the public
service providers (Le., police, fire, AGIO, etc.) to determine this fmding. (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. Staff recommcnds that the
Commission and Council reference any public testimony that may be presented to
determine whether or not the proposed subdivision may cause health, safety or
environmental problems of which staff is unaware.
6. The development preserves s.ignificant natural, scenic or historic features.
Council [mds that the proposed development will not result in the destruction, loss or
damage of any natural, scenic or historic fcaturc(s) of major importance. Staff
recommends that the Commission and Council 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 staff is unaware.