HomeMy WebLinkAboutNursery Subdivision AZ-06-038 PP-06-036
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
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In the Matter of Annexation and Zoning of 5.59 acres from RUT to R-8 AND Preliminary
Plat approval for 25 residential building lots and 4 common lots for Nursery Subdivision,
by Garry Fors.
Case No(s). AZ.06-038 and PP-06-036
For the City Council Hearing Date of: December 5, 2006 (Findings on the December 19,
2006 City Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of December 5,2006
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of December 5,2006
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
December 5,2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of December 5, 2006 incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. 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
II-SA.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ.06-038 and PP.06.036
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 December
5, 2006 incorporated by reference. The conditions are concluded to be reasonable and the
applicant shall meet such requirements as a condition of approval ofthe 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 November 22,2006 is hereby conditionally approved;
2. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of December 5,2006 incorporated by reference.
D. Notice of Applicable Time Limits
Noticc ofPrc1iminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final
plat, or short plat shall become null and void if the applicant fails to record a final plat
within two (2) years of the approval of the preliminary plat or one (1) year of the
combined preliminary and final plat or short plat. In the event that the development of
the preliminary plat is made in successive phases in an orderly and reasonable manner,
and conforms substantially to the approved preliminary plat, such segments, if
submitted within successive intervals of eighteen (18) months, may be considered for
[mal 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
final plat or short plat to comply with the current provisions of Meridian City Code
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ.06.038 and PP~06.036
Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code ~ 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 December 5, 2006
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-038 and PP-06.036
By action of the City Council at its regular meeting held on the
1;)ece~' 2006.
I q -I~ day of
COUNCIL MEMBER SHAUN WARDLE
VOTED~
VOTED ~
VOTED~
VOTED ~
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
TIE BREAKER
MAYOR TAMMYdeWEERD
VOTED
Copy served upon:
cf
ATTEST:
BY.~ n~l\.lnJ
Ity Clerk's Office
Dated: ld -.;1& ...au
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ.06.038 and PP-06-036
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 5,2006
FROM:
Justin Lucas
Associate City Planner
Meridian Planning Department
884-5533
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STAFF REPORT
TO:
Hearing Date: 12/5/2006
Mayor and City Council
SUBJECT:
Nursery Subdivision
. AZ-06-038
Annexation and Zoning of 5.59 acres from RUT (Ada County) to R-8
(Medium Density Residential)
. PP-06-036
Preliminary Plat of25 single-family building lots and 4 common lots on 5.59
acres in a proposed R-8 zone
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Garry Fors, has applied for Annexation and Zoning (AZ) of 5.59 acres from RUT (Ada
County) to R-8 (Medium Density Residential) and Preliminary Plat approval of 25 single family
residential lots and 4 common lots for Nursery Subdivision. The site is located on the east side of Linder
Road approximately 1,900 feet south of Franklin Road in Section 13, Township 3 North, Range 1 West,
and is currently referenced as Assessor's Parcel Number S1213233892. The subject site is within the
City's Area ofImpact and Urban Service Planning Area.
Note: This staff report has been updated from the original staff report prepared for the 10-5-06 public
hearing. Two new conditions of approval have been added (see Planning Department condition 1.2.4 and
Public Works condition 2.4). This staff report was revised a second time based on the Planning and
Zoning Commission requests that were voiced at the 11-2-06 public hearing. Revisions have been made
to Section 10 and Exhibit B of the report. These revisions are in bold and italicized.
2. SUMMARY RECOMMENDATION
The subject applications (AZ-06-038 and PP-06~036) wt:n: submitted to the Planning Department for
concurrent review. Staff has provided a detailed analysis and recommended conditions of approval for the
requested Annexation and Zoning and Preliminary Plat applications. The Meridian Planning and Zoning
Commission heard these items on November 16. 2006. At the public hearin~ they moved to recommend
approval.
a. Summary of Commission Public Bearin!!::
1. In favor: Kurt Reliford. Gary Fors. Marv Hagedorn
11. In opposition: None
iii. Commenting: Julie Buisman
IV. Staff presenting application: Justin Lucas
v. Other staff commenting on application: C. Caleb Hood. Mike Cole
b. Kev Issues of Discussion bv Commission:
i. - Maintenance of irrigation easement along the southern property boundary.
ii. - Design of Lot 20. Block 1 and adiacent common lots.
c. Kev Commission Chanees to Staff Recommendation:
i. - None
Nursery Subdivision AZ.06.038, PP.06.036
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CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 5, 2006
d. Outstandine: Issue(s) for Citv Council:
i. - The Commission required the applicant to submit a revised preliminary plat
that addressed various issues that were raised at the Commission public hearing.
The revised plat is dated 11/22/06 and included in Exhibit A of tIns report.
The Meridian City Council heard thelie items on December 5. 2006. At the Dublic hearinQ" thev
aDDroyed the Droiect. with no chanQ"es.
.a. Summary of City Council Puhlic HearinQ":
i. In favor: Kurt Reliford
ii. hLODnosition: None
iii. Ccgnmentimr:1'furu:<
iv. Written testimonv: NQne
v. Staff nresentinl!: annlicl!tion: Anna Borchers Cl!l11limr
vi. Q1ber staff commentinl!_QP annlication: None
b. Key Issues of Discussion by Council:
i. - Overall densitv oft:Qe subdivi.sion:
ii. - DesilID.of the western oortion of the subdivisiQn
~ Key Council ChanQ"es to Commission Recommendation:
i. - None
3. PROPOSED MOTIONS
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-
06-038 and PP-06-036 as presented in the staff report for the hearing date of December 5, 2006,
with the following modifications to the conditions of approval: (Add any proposed
modifications. )
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-06-
038 and PP-06-036 as presented during the hearing on December 5, 2006, for the following
reasons: (You should state specific reasons for denial of the annexation request, you must state
specific reasons for denial of the preliminary plat request.)
Continuance
After considering all staff, applicant and public testimony, I move to continue File Numbers
AZ-06-038 and PP-06-036 to the hearing date of (insert continued hearing date here) for the
following reason(s): (State specific reason(s) for a continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
570 South Linder Road
Section 13, T3N, Rl W
b. Applicant / Owner:
Gary F ors
843 Lilac Street
Nursery Subdivision AZ.06.038, PP-06.036
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CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 5,2006
Meridian, ill 83642
c. Representative: Jim Howard, J.J. Howard Engineers
d. Present Zoning: RUT (Ada County)
e. Present Comprehensive Plan Designation: Medium Density Residential
f. Description of Applicant's Request: The applicant is requesting concurrent approval for
Annexation and Zoning of the subject 5.59 acres to R-8 and Preliminary Plat approval of 25
single-family buildable lots and 4 common lots. All of the homes within the development are
proposed to be single-family detached. The gross density of the project is 5.06 dwelling units
per acre and the net density is 7.27 dwelling units per acre. Approximately 5.97 percent of the
site is being set aside for open space.
1. Date of Preliminary Plat (attached in Exhibit A): August 9, 2006
2. Date of Landscape Plan (attached in Exhibit A): August 7, 2006
g. Applicant's Statement/Justification: We are requesting a zoning of R-8, which is in general
compliance with the existing Meridian Comprehensive Plan designation of Medium Density
Residential. The proposed residential net density is 6.41 dwelling units per acre, which
complies with the City's designation of Medium Density Residential requirement of eight
dwelling units per acre. Sewer and water facilities are available for connection within the
Landing Subdivision No. 7 to the south and South Linder Road to the west.
5. PROCESS FACTS
a. The subject application will, in fact, constitute an annexation and/or rezone as determined by
City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public
hearing is required before the City Council on this matter.
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, a public hearing is
required before the City Council on this matter.
c. Newspaper notifications published on: September 18, 2006, and October 2, 2006 (Planning
Commission)
November 20 and 27.2006 (Citv Council)
d. Radius notices mailed to properties within 300 feet on: September 8, 2006 (Planning
Commission)
November 17. 2006 (City Council)
e. Applicant posted notice on site by: September 25,2006 (Planning Commission)
November 27.2006 (City Council)
6. LAND USE
a. Existing Land Use(s): Rural Single Family Residential and Nursery
b. Description of Character of Surrounding Area: To the north, east, and south of this proposed
subdivision are various phases of the Landing Subdivision zoned R-4. To the southwest is an
existing rural residence that also has R-4 zoning. To the west are various rural residences one
of which has an R-4 zoning designation.
c. Adjacent Land Use and Zoning:
1. North: The Landing Subdivision, zoned R-4
Nursery Subdivision AZ.06.038, PP.06.036
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 5,2006
2. East: The Landing Subdivision, zoned R-4
3. South: The Landing Subdivision, zoned R-4
4. West: Rural Residential, zoned R-4
d. History of Previous Actions: N/A
e. Existing Constraints and Opportunities:
1. Public Works
Location of sewer: There currently exists a sewer main in S. Linder Road.
Location of water: There currently exist water mains in S. Linder Road and in S.
Tylee Way.
Issues or concerns: 1.) Usability of the irrigation easement for each individual
lot. 2.) Redundancy for the water system. 3.) Possibility for lift station upgrades.
4.) Placing the storm drainage facilities within an easement on a buildable
severely hampers the future lot owner's ability to use that ground encumbered by
the easement.
2. Vegetation: N/ A
3. Floodplain: N/ A
4. Canals/Ditches/Irrigation: The Kennedy Lateral runs along the southern portion of
this site. The lateral has been partially piped in this area and the applicant intends to
pipe the remaining portion of the lateral that runs through this site.
5. Hazards: N/A
6. Proposed Zoning: R-8
7. Size of Property: 5.59 acres
f. Subdivision Plat Information:
1. Residential Lots: 25
2. Non-residential Lots: 0
3. Total Building Lots: 25
4. Common Lots: 4
5. Other Lots: 0
6. Total Lots: 29
7. Open Lots: 0
8. Residential Area: 5.59 acres
9. Gross Density: 5.06 units per acre
10. Lot Sizes: Lot sizes range from approximately 6,000 square feet to 9,534 square feet
with one large lot of 13,005 square feet.
g. Landscaping:
1. Width of street buffer(s): 25 feet along Linder Road
2. Width ofbuffer(s) between land uses: N/A.
Nursery Subdivision AZ.06.038, PP.06.036
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 5,2006
3. Percentage of site as open space: 0.33 acres (5.97%)
4. Other landscaping standards: Landscaping adjacent to micro~paths should comply
with UDC 11~3B-12. (Note: If the micro path is above a sewer or water line no trees
shall be required)
h. Proposed and Required Non-Residential Setbacks: As per the R-8 zone for single family
dwellings.
1. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The sole
access to the development will be from an existing stub street, South Tylee Way, provided
from The Landing Subdivision. The Landing Subdivision currently has approved direct access
from Linder Road. One stub street will be provided to the 2.27 acre parcel to the southwest
that currently contains an existing home.
7. COMMENTS MEETING
On September 15, 2006, Planning Staff held an agency comments meeting. The agencies and departments
present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department,
Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments
and recommended actions as Conditions of Approval in the attached Exhibit B.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use
Map. Medium density residential areas are anticipated to contain single family residences at densities
from three to eight dwelling units per acre (see Page 99 of the Comprehensive Plan.) The proposed
Preliminary Plat includes 25 residential building lots on 5.59 acres for a gross density of 5.06 dwelling
units/acre.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the
proposed development (staff analysis in italics below policy):
. Chapter VII, Goal III, Objective A, Action 1 - Require that development projects have
planned for the provision of all public services.
When the City estahlished its Area of City Impact. it planned to provide City services to the
subject property. The City of Meridian plans to provide municipal services to the lands proposed
to be annexed in the following manner:
. Sanitary sewer and water service will be extended to the project at the developer's
expense.
. The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District.
Once annexed the lands will be under the jurisdiction of the Meridian City Fire
Department, who currently shares resource and personnel with the Meridian Rural Fire
Department.
. The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office.
Once annexed, the lands will be serviced by the Meridian Police Department (MPD).
. The roadways adjacent to the subject lands are currently owned and maintained by the
Ada County Highway District (ACHD). This service will not change.
. The subject lands are currently serviced by the Meridian School District #2. This service
will not change.
Nursery Subdivision AZ.06-038, PP.06.036
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 5,2006
. The subject lands are currently serviced by the Meridian Library District. This service
will not change and the Meridian Library District should suffer no revenue loss as a
result of the subject annexation.
Municipal, fee-supported, services will be provided by the Meridian Building Department, the
Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater
Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary
Services Company.
. Chapter VI, Goal II, Objective A, Action 3 - Consider "Accommodating Bicycle and
Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and
Walking in all land-use decisions.
This publication encourages jurisdictions to establish bikeway and walkway facilities in new
construction and reconstruction projects, in a manner that is safe, accessible and convenient.
Staff believes that the subject applications comply with the policies listed in the literature noted
above.
. Chapter VI, Goal II, Objective A, Action 5 - Require pedestrian access connectors in all new
development to link subdivisions together to promote neighborhood connectivity as part of a
community pathway system.
Staff is supportive of the proposed pedestrian connection to Linder Road via the proposed
micropath, as well as the extension of the stub street provided from the south which will provide
for pedestrian connectivity with The Landing Subdivision.
. Chapter VII, Goal IV, Objective C, Action 1 - Protect existing residential properties from
incompatible land use development on adjacent parcels.
The applicant is proposing a residential land use. Staff finds that the surrounding developments,
all single-family dwellings, are compatible with the applicant's proposal.
. Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories
(low-, medium-, and high-density single family, multi-family, townhouses, duplexes,
apartments, condominiums, etc.) for the purpose of providing the City with a range of
affordable housing opportunities.
The subject application includes a request for the R-8 zoning designation. All of the adjacent
properties are currently zoned R-4. Staff finds that the requested zoning designation is generally
consistent with the Comprehensive Plan designation, and provides some variety of zoning in this
area.
. Chapter VI, Goal II, Objective A, Action 6 - Require street connections between subdivisions
at regular intervals to enhance connectivity and better traffic flow.
The applicant is proposing to extend one existing stub street from the south and construct another
stub street to the underdeveloped parcel to the southwest. Staff believes that the applicant's
proposal will enhance connectivity and traffic flow in this area.
9. UNIFIED DEVELOPMENT CODE
a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family developments as a
Nursery Subdivision AZ.06.038, PP.06.036
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 5, 2006
Pennitted Use in the R-8 zone.
b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of
housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the
City of Meridian water and sewer systems is a requirement for all residential districts.
Residential districts are distinguished by the allowable density of dwelling units per acre and
corresponding housing types that can be accommodated within the density range.
c. Common driveways (Lots 4 and 5 Block 1, see note 12 on Plat): UDC ll-6C-3D describes the
standards for common driveways. All common drives proposed by the applicant should meet
the standards as described in the UDC. These standards are listed below:
1. Maximum dwelling units served: Common driveways shall serve a maximum of four
(4) dwelling units.
2. Width standards: Common driveways shall be a minimum oftwenty feet (20') in
width.
3. Maximum length: Common driveways shall be a maximum of one hundred fifty feet
(150') in length or less, unless otherwise approved by the Meridian City Fire Department.
4. Improvement standards: Common driveways shall be paved with a surface
capable of supporting fire vehicles and equipment.
5. Abutting properties: Unless limited by significant geographical features, all
properties that abut a common driveway shall take access from the driveway.
6. Turning radius: Common driveways shall be straight or provide a twenty-eight
foot (28') inside and forty-eight foot (48') outside turning radius.
7. Depictions: For any plats using a common driveway, the setbacks, building
envelope, and orientation of the lots and structures shall be shown on the
preliminary and/or final plat.
8. Easement: A perpetual ingress/egress easement shall be filed with the Ada
County Recorder, which shall include a requirement for maintenance of a
paved surface capable of supporting fire vehicles and equipment.
9. Alternative compliance: The Director may approve or recommend approval of
alternative design or construction standards when the applicant can
demonstrate that the proposed overall design meets or exceeds the intent of
the required standards of this Section and shall not be detrimental to the public
health, satety, and welfare.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
ANNEXATION AND ZONING ANALYSIS: Based on the policies and goals contained in the
Comprehensive Plan, and the surrounding land uses and zoning, staff believes that the requested
R-8 zone is appropriate for this property. Please see Exhibit D for detailed analysis of the
required facts and fmdings for annexation.
The annexation legal description submitted with the application (prepared on June 15, 2006, by
James J. Howard, PLS) shows the property as contiguous to the existing corporate boundary of
the City of Meridian.
PRELIMINARY PLAT ANALYSIS: Based on the policies and goals contained in the
Comprehensive Plan and the general compliance of the proposal with the Unified Development
Nursery Subdivision AZ.06.038, PP.06.036
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 5,2006
Code, staff believes that this is a good location for the proposed single-family residential
development. Please see Exhibit D for detailed analysis of facts and [mdings for a preliminary
plat.
Landscaping: The landscape plan prepared by Brooks Design Group, on 8-7-06, is
approved with the following modifications/notes:
. The proposed micro pathway (not shown on submitted landscape plan) that
connects Katsura Street to Linder Road shall be constructed in accordance
with UDC ll-3A-8. All landscaping adjacent to the pathway shall meet the
requirements outlined in 11.3B-12. (Note: Micro paths above sewer or water
lines are not required to have trees)
. Per UDC 11-3G-3A, set aside at least 5.97% (0.33 acres) of the site for
useable open space, as proposed.
. Per UDC 11-3B.1O, the applicant should work with the City Arborist, Elroy
Huff, on designing, adopting, and implementing a protection and mitigation
plan for the existing trees on site.
. A written certificate of completion should be prepared by the landscape
architect, designer, or qualified nurseryman responsible for the landscape
plan. All standards of installation should apply as listed in UDC 11- 3B-14.
Submit copies of a revised landscape plan, reflecting the changes/notes
mentioned above, with the [mal plat application(s).
Lot SizelBuilding Envelope~ Lot 1, Block 2 and Lot 7, Block 2 are irregular in shape.
Due to required setbacks and the 20 foot irrigation easement that runs along the southern
boundary of this project these lots will contain building envelopes of questionable size
and shape. Staff recognizes the design constraints on this entire parcel but feels that the
applicant should provide, at the public hearing, some assurance that these are viable lots
(e.g. - an exhibit showing how structures could be situated on these lots, and what size
footprint is available on these lots).
Storm Drain Lot Staff is concerned about the storm drain lot/corrunon area (Lot 18,
Block 1) behind Lot 20, Block 1. As proposed the only access to this storm drain lot is
through an easement across Lot 20, Block 1, which is a single-family buildable lot. Staff
is not supportive of encumbering a single-family lot with an access easement for ACHD.
Further, ACHD standards (Section 8009-1-2) will not allow the storm water pipe and
sand and grease trap to be placed in a buildable lot as proposed. Due to this requirement
ACHD will require the proposed easement access to be placed within the common Lot
18, which will reduce Lot 20, Block 1 in size by more than 900 square feet. This size
reduction will bring Lot 20 below the 5,000 square foot minimum that is required in the
R-8 zone. Staff recommends that this area of the plat be redesigned to accommodate
these required changes. (see Public Works condition 2.2, in Exhibit B) The applicant has
submitted a proposal to redesign this area which adequately addresses the concerns
raised above. Ten full-size and one 8.5" x 11" copy, as well as new pdf andjpg copies
of a revised preliminary plat that incorporates the proposed redesign should be
submitted to Staff at least ten days prior to the City Council hearing for this project.
Additional Right.of-Way~ ACHD is requiring an additional 18 feet of right-of-way to be
dedicated along Linder Road. This will have a significant effect on the location of the
required 25 foot landscape buffer along Linder Road, and Lots 18 and 20, Block 1. The
Nursery Subdivision AZ-06.038, PP-06.036
PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 5,2006
applicant should be required to redesign this area of the plat to show the additional right-
of-way and new location of the landscape buffer. NOTE: This change and the change
required in the Storm Drain Lot analysis above, may result in the loss of Lot 20, Block 1.
The applicant has submitted a proposal to redesign this area which adequately
addresses the concerns raised above. Further, the applicant has retained Lot 20, Block
1, but it has been reduced in size from 5,546 square feet to 5,097 square feet. Ten full-
size and one 8.5" x 11" copy, as well as new pdf and jpg copies of a revised preliminary
plat that incorporates the proposed redesign should be submitted to Staff at least ten
days prior to the City Council hearing for this project.
Irrigation EasemeDt~ An existing 20 foot wide easement in favor of the Nampa
Meridian Irrigation district runs along the southern boundary of this project. This
easement affects eight buildable lots (Lots 1-7, Block 2 and Lot 1, Block 1). In a letter
dated August 15,2006 the Nampa Meridian Irrigation District stated that "this easement
must be protected and any encroachment without a signed license agreement and
approved plan, before any construction is started, is unacceptable." (See Exhibit B for all
ofNMID's requirements.) As proposed, the applicant shows each of the above mentioned
lots with a portion of this easement in the rear yard. Staff will allow this layout, provided
the Applicant is able to obtain a license agreement from the irrigation district to construct
fencing and some landscaping within this easement. If the license agreement is not
obtained, and the plat is approved as proposed, the future homeowners will be unable to
fence-off their property into the easement area, and each homeowner will be responsible
to maintain the easement area that is part of their property. Further, the future
homeowners will be paying taxes on property that they can not customize as their own.
To avoid this staff recommends that this easement area be placed into a common lot if a
license agreement is not obtained. As a common lot the easement area would be
maintained by the home owners association rather than separate property owners. NOTE:
If said license agreement is not obtained, some of the proposed lot lines may need to be
adjusted to meet the minimum 5,000 square foot lot size minimum of the R-8 zone. (see
Public Works condition 2.1 and the Planning Department's condition in Exhibit B) In a
letter dated November 8, 2006 the Nampa and Meridian Irrigation District (NMID)
stated that, after preliminary review, they believed that "a fence placed fifteen feet from
the Kennedy Lateral ... would be acceptable." The main reason that this project was
continued was because the Commission wanted to know whether or not a license
agreement could be obtained for this area. It appears that a license agreement may be
obtained, but it does not appear that NMID will allow fences to encroach very far into
the existing easement This letter from NMID does not fundamentally change Staffs
analysis above, but it also does not fully answer the question. Staff still believes that
any part of the said irrigation easement that does not have a signed license agreement
should be placed in a common lot to be maintained by the home owners association.
Staff has updated the Condition below.
Common Areas~ Maintenance of all common areas should be the responsibility of the
Nursery Subdivision Homeowners Association.
Stub Streets~ The applicant should be required to provide a public stub street to Parcel
#S1213233965, the Calhoun property, as proposed.
Common Drive~ The common drive proposed for Lots 4 and 5, Block 1 should be design
in accordance with UDC ll-6C-3D.
Nursery Subdivision AZ-06.038, PP.06-036
PAGE 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 5, 2006
Existing ResidenceslBuildings~ The site currently contains multiple buildings. The
existing buildings span across proposed lot lines and do not meet setback requirements of
the requested zoning. Therefore, all existing buildings should be removedlre-located in
accordance with the building setbacks of the R-8 zone, prior to signature of the final plat
by the City Engineer.
Emergency Vehicle Turnaround~ The current design of the cul-de-sac at the west end
of W. Katsura Street does not meet Fire Department standards for an emergency vehicle
turnaround. The applicant should work with the Fire Department to ensure that the cul-
de-sac meets Fire Department standards.
Fencing;. No fencing is shown on the preliminary plat or landscape plan. The applicant
should submit a detailed fencing plan with the fmal plat application for the subdivision. If
pennanent fencing is not provided, temporary construction fencing to contain debris must
be installed around the perimeter prior to issuance of a building pennit. All perimeter
fencing must be completed prior to issuance of building pennits. Fencing should taper
down to a 3 foot maximum within 20 feet of all rights-of-way. Fencing adjacent to all
micro pathways and common areas is also required; this fencing should be constructed as
six foot open vision or four foot solid. All fencing shall be installed in accordance with
UDC ll-3A-7.
Pressure Irrigation.;. The City of Meridian requires that pressurized irrigation systems
be supplied by a year-round source of water. The applicant should be required to utilize
any existing surface or well water for the primary source. If a surface or well source is
not available, a single-point connection to the culinary water system shall be required. If
a single-point connection is utilized, the developer will be responsible for the payment of
assessments for the common areas prior to signature on the final plat by the City
Engineer. An underground, pressurized irrigation system should be installed to all
landscape areas per the approved specifications and in accordance with UDC 11-3A-15
and MCC 9-1-28.
Ditches, Laterals, and Canals.;. As per UDC ll-3A-6, all irrigation ditches, laterals or
canals, exclusive of natural waterways and waterways being used as amenities, which
intersect, cross or lie within the area being subdivided shall be covered. The Kennedy
Lateral runs along the southern portion of this site. The lateral has been partially piped in
this area and the applicant intends to pipe the remaining portion of the lateral that runs
through this site.
b. Staff Recommendation: Based on the above analysis, staff finds that applications AZ-06-038 and
PP-06-036 substantially confonn to the Comprehensive Plan policies and UDC standards. Staff
recommends approval of said AZ and PP applications subject to the conditions listed in Exhibit
B. The Meridian Planning and Zoning Commission heard these items on November 16. 2006. At
the public hearing they moved to recommend aooroval. The Meridian City Council heard these
items on December 5. 2006. At the nublic hearing thev annroved the nroiect. with no
chanl!es.
11. EXHmITS
A. Drawings
Nursery Subdivision AZ.06.038, PP.06-036
PAGEJO
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 5,2006
1. Preliminary Plat (Dated: November 22, 2006, Revised)
2. Landscape Plan (Dated: August 7, 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. Nampa/Meridian Irrigation District
9. Central District Health Department
C. Legal Description
D. Required Findings from Unified Development Code
Nursery Subdivision AZ.06.038, PP.06.036
PAGE 11
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 5,2006
A. Drawings
1. Preliminary Plat (November 22. 2006. Revised)
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Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 5,2006
2. Landscape Plan (Dated: August 7, 2006)
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 5,2006
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 ANNEXATION COMMENTS
1.1.1 The annexation legal description submitted with the application (prepared on June 15,2006, by
James J. Howard, PLS) shows the property as contiguous to the existing corporate boundary of
the City of Meridian. Any future subdivision, uses, and construction on this property shall comply
with the City of Meridian ordinances in effect at the time of submittal.
1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT
1.2.1 The preliminary plat labeled as Sheet 1, prepared by J.J. Howard Engineers, dated November 22.
2006 (Revised) is approved, with the conditions listed herein. All comments and any provisions
of the accompanying Annexation and Zoning application (AZ-06-038) shall also be considered
conditions of the Preliminary Plat (PP-06-036).
1.2.2 The landscape plan prepared by Brooks Design Group, on 8-7-06, is approved with the following
modifications/notes:
. The proposed micro pathway (not shown on submitted landscape plan) that connects
Katsura Street to Linder Road shall be constructed in accordance with UDC 11- 3A-8.
All landscaping adjacent to the pathway shall meet the requirements outlined in 11-
3B~12. (Note: Landscaping adjacent to micro paths above sewer or water lines are
not required to have trees, but shall be landscaped with grass and other Public Works
allowed landscape materials.)
· Per UDC ll-3G-3A, set aside at least 5.97% (0.33 acres) of the site for useable open
space, as proposed.
. Add the requirement for a 25-foot wide landscape buffer along Linder, EXCLUSIVE
of ROW.
. Per UDC ll-3B-lO, the applicant shall 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 shall be prepared by the landscape architect,
designer, or qualified nurseryman responsible for the landscape plan. All standards of
installation should apply as listed in UDC 11-3B-14.
All standards of installation shall apply as listed in UDC 11-3B-14. Submit a landscape plan,
reflecting the changes/notes mentioned above, with the final plat application(s).
1.2.3 The stann drain easement encroaching on Lot 20, Block 1 shall be placed into a common lot (or
included within the boundaries of Lot 18, Block 1, which is also a common lot) and maintained
by the Nursery Subdivision Homeowners Association. Lot 20, Block 1, and all buildable lots
shall be designed to meet the minimum lot size requirements in the R~8 zone.
1.2.4 Prior to submittal of the final plat application the applicant shall be required to redesign Lots 18-
20, Block 1 to reflect the additional right-of-way required by ACHD for Linder Road, and the
new location of the required 25-foot wide landscape buffer. All dimensional standards, open
space requirements, landscaping requirements, or any other standards contained in the UDC shall
apply to the redesigned plat. NOTE: This may result in the loss of one buildable lot in this area.
Submit ten full-size copies, one 8.5" x 11" copy and a jpg and pdf copy of a revised
preliminary plat to the Planning Department a minimum of ten days prior to the City
Council hearing.
Exhibit B
] .2.5
1.2.6
1.2.7
1.2.8
1.2.9
1.2.10
1.2.11
1.2.12
1.3
1.3.]
1.3.2
1.3.3
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 5,2006
Prior to signature of the final plat by the City Engineer, the applicant shall submit a signed license
agreement with Nampa and Meridian Irrigation District which allows the individual lots on the
south side of this plat to fence and landscape to their south property line. If the applicant can not
obtain said license agreement, or can only obtain a license agreement to encroach into a
portion of the easement, the plat shall be revised to include any easement area, without a
signed license agreement, within a common lot to be owned and maintained by the HOA.
All buildable lots must comply with the minimum dimensional standards of the UDC.
Maintenance of all common areas shall be the responsibility of the Nursery Subdivision
Homeowners Association.
Provide a public stub street to Parcel #SI213233965, the Calhoun property, as proposed.
The common drive proposed for Lots 4, and 5, Block 1 shall be designed in accordance with
UDC 11-6C-3D. Lots 4 and 5, Block 1 shall maintain at least 15 feet of public street frontage
(flag) and the common driveway easement shall be depicted and explained on the face of the final
plat; building setbacks should be measured from the edge of the common driveway easement or
property lines, whichever is more restrictive. In accordance with UDC 11-6C-3D7, depict the
required setbacks, building envelopes, and orientation of the lots and structures on Lots 4 and 5,
Block 1, on the face of the final plat. In accordance with UDC ll-3C-6, provide each single-
family detached dwelling with a two.car garage and a 20' x 20' parking pad between the garage
face and the common driveway (the asphalt for the common driveway shall not count towards the
required parking pad area.)
All buildings that span across proposed lot lines, or do not conform to the dimensional standards
(setbacks, height, etc.) of the UDC shall be removed, relocated or made to conform to city code,
prior to signature of the final plat by the City Engineer.
The current design of the cul-de-sac at the west end of W. Katsura Street does not meet Fire
Department standards for an emergency vehicle turnaround. The applicant shall work with the
Fire Department to ensure that the cul-de-sac meets Fire Department standards.
Fencing adjacent to all micro pathways and common areas shall be constructed as six foot open
vision or four foot solid fencing. All fencing shall be installed in accordance with UDC ll-3A-7.
Per UDC ll-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, and
waterways being ust:u as amt:nities, that intersect, cross or lie within the area being subdivided
shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or
lateral users association (ditch owners), with written approval or non.approval submitted to the
Public Works Department prior to construction plan approval. If lateral users association approval
can not be obtained, alternate plans will be reviewed and approved by the City Engineer.
GENERAL REQUIREMENTS-PRELIMINARY PLAT
Sidewalks/walkways shall be installed within the subdivision and on the perimeter of the
subdivision pursuant to UDC ll-3A-17.
The applicant shall comply with the outdoor lighting standards shown in UDC ll-3A-ll.
The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water. The applicant should be required to utilize any existing surface or well water for
the primary source. If a surface or well source is not available, a single-point connection to the
culinary water system shall be required. If a single-point connection is utilized, the developer will
be responsible for the payment of assessments for the common areas prior to signature on the
final plat by the City Engineer. An underground, pressurized irrigation system should be installed
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 5,2006
to all landscape areas per the approved specifications and in accordance with UDC ll-3A-15 and
MCC 9-1-28.
1.3.4 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as
noted in this report, shall be submitted for the subdivision with the final plat application. Where
the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan,
the landscaping shall be consistent with the preliminary plan with modifications as proposed by
staff.
1.3.5 The applicant shall submit a fencing plan with the final plat application for the subdivision. If
permanent fencing is not provided, temporary construction fencing to contain debris must be
installed around the perimeter prior to issuance of a building permit. All fences shall taper down
to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in
accordance with UDC ll-3A-7.
1.3.6 Any tree over 4" in caliper that is removed from the property shall be replaced by installing
additional trees, being the equivalent number of caliper inches of trees that were removed.
Required landscaping trees will not be considered as replacement trees for those trees that have to
be mitigated.
1.3.7 Staffs failure to cite specific ordinance provisions or terms of the approved
annexation/conditional use does not relieve the applicant of responsibility for compliance.
1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7.
2. PUBLIC WORKS DEPARTMENT
2.1 There is a 20-foot wide Nampa and Meridian Irrigation District easement shown on the southerly
boundary of this development. Prior to final plat signature the applicant shall submit a signed
license agreement with Nampa and Meridian Irrigation District allowing the individual lots to
fence to their property line. OR revise the plat to include that easement in a common lot to be
owned and maintained by the HOA. Ifthe latter of the two is chosen, all lots must still comply
with the minimum dimensional standards of the UDC and the plat must still be in substantial
compliance as determined by the Planning Director.
2.2 The applicant shall include the storm drain easement on Lot 20 Block 1 into a common lot per
ACHD policy 8009.1.2 which specifically requires all stormwater facilities to be located within
the right-of-way or a common lot.
2.3 Sanitary sewer service to this development is being proposed via extension of mains that flow to
the Landing Lift Station. The applicant shall be responsible for any upgrades to the lift station
that are deemed necessary by the City Engineer.
2.4 The applicant shall be required to wait till the Black Cat Trunk connects to the Glacier Spring
Diversion Manhole or install an "Off-peak pumping Station" in a location coordinated with the
Public Works Department. The stations design and capacity shall be coordinated with the Public
Works Department, the design shall include communication capabilities that are consistent with
the City of Meridian's SCADA system, and odor control. This condition may be rescinded by the
City Engineer if new information arises from ongoing modeling exercises or other subsequent
sources.
2.5 The applicant shall install all sewer mains necessary to provide service; applicant shall coordinate
main size and routing with the Public Works Department, and execute standard foITllS 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.
Exhibit B
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 5,2006
2.6 A l4-foot wide all weather access road shall be required to all manholes not located within the
right-of-way. The applicant shall be responsible to coordinate with the Planning Department to
comply with this condition and meet all landscaping ordinances/requirements.
2. 7 Water service to this site is being proposed via extension of mains in Tylee Way. The applicant
shall be responsible to install water mains to and through this development, coordinate main size
and routing with Public Works.
2.8 The City Engineer has determined that due to the number oflots on this site a second water
connection shall be required. This connection can be by enlarging the common lot that contains
the sewer main and installing the water main in the common lot; or by acquiring an easement
through the property to the south and connecting to S. Linder Road.
2.9 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.
2.10 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).
2.11 The applicant has indicated that the Homeowner's association will own and operate the pressure
irrigation system in this proposed development. Since it is to be maintained as a private system,
plans and specifications will be reviewed by the Public Works Department as part of the
construction plan review. A "draft copy" of the operations and maintenance manual will be
required prior to plan approval with the "final draft" being required prior to final plat signature on
the last phase of this project.
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
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.
2.13 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC
shall be removed prior to signature on the final plat by the City Engineer.
2.14 Meridian Public Works specifications do not allow any large landscaping within a five foot radius
of water meters. The applicant shall make the necessary adjustments to achieve this separation
requirement and comply with all landscape requirements.
2.15 Any existing domestic wells and/or septic systems within this project shall be removed from
domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-
domestic purposes such as landscape irrigation.
2.16 Per UDC ll-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 construction plan approval. If lateral users association approval can not be obtained, alternate
plans will be reviewed and approved by the City Engineer.
2.17 Street signs are to be in place, water system shall be approved and activated, fencing installed,
drainage lots constructed, road base approved by the Ada County Highway District and the Final
Plat for this subdivision shall be recorded, prior to applying for building permits.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 5,2006
2.18 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
2.19 All development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.20 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to signature on the [mal plat.
2.21 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.22 Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Protection Agency.
2.23 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.24 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes
are located on or near sidewalk the applicant shall comply with all American with Disabilities Act
requirements for unobstructed sidewalk access.
2.25 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.26 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least I-foot above.
2.27 One hundred watt, high-pressure sodium streetlights, 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
expense. Typical locations are at street intersections and/or fire hydrants, and no further than
400' distance in between locations. Final design locations and quantity are determined after
power designs are completed by Idaho Power Company. The street light contractor shall obtain
approval from the Public Works Department, and permit from Building Department prior to
commencing installations.
3. FIRE DEPARTMENT
3.1 One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for
duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet
apart. International Fire Code Appendix C.
3.2 An emergency vehicle turnaround is required at the tenninus of Katsura Street. The turnaround shall
be designed in accordance with fire department standards.
3.3 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and
water quality by the Meridian Water Department for bacteria testing.
3.4 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 'i2" 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.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 5,2006
d. Fire Hydrants shall be placed on comers when spacing pennits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be place 18" above fInish grade.
g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
3.5 All entrance and internal roads, alleys, and cul-de-sacs shall have a turning radius of 28' inside
and 48' outside radius.
3.6 Requirements for dead-end fIre apparatus access roads that are between 500'-750' in length. The
roadways shall be built to Ada County Highway Standards cross section requirements and shall
have a clear driving surface, available at all times, which is 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 D103.4. The roadway shall be able to accommodate an imposed load of
75,000 GVW. Due to the 1,100 foot block length, parking shall be limited to one side.
3.7 Operational fIre hydrants, temporary or permanent street signs and access roads with an all
weather surface are required before combustible construction is brought on site.
3.8 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 ftre 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).
4. POLICE DEPARTMENT
4.1 All interior fencing shall allow visibility from the street or shall not exceed four feet in height if
solid fencing is used.
4.2 The micro paths shall be adequately lit to afford greater visibility of the site as policed from the
public street.
4.3 The shrubbery along the micro-pathways shall not exceed two feet in height at maturity.
5. PARKS DEPARTMENT
5.1 Standard for Mitigation of Trees: The standard established in the City of Meridian Landscape
Ordinance (UDC ll-3B-I0) will be followed.
5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in
the City of Meridian Landscape Ordinance (UDC ll-3B-1O) will be followed.
6. SANITARY SERVICE COMPANY
6.1 SSC has no comments related to this application.
7. ADA COUNTY HIGHWAY DISTRICT
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 5,2006
7.1. SITE SPECIFIC REQUIREMENTS
7.1.1 Dedicate 48-feet of right~of-way from the centerline of Linder Road, an additional l8-feet.
ACHD will purchase the additional right-of-way to be dedicated and will not compensate for the
existing right-of-way. The right-of-way purchase and sale agreement and deed must be
completed and signed by the applicant prior to scheduling the final plat for signature by the
ACHD Commission or prior to issuance of a building permit (or other required permits),
whichever occurs first.
7.1.2 Construct a 36-foot street section within 50-feet of right-of-way complete with curb, gutter and 5-
foot attached concrete sidewalk for Katsura Street.
7.1.3 Construct a standard cul-de-sac turnaround at the terminus of Katsura Street. Construct curb,
gutter and sidewalk around the perimeter ofthe cul-de-sac except for the stub street location.
7.1.4 Extend a stub street into the site from the south, South Tylee Way, located approximately 200-
feet west of the east property line (measured property line to centerline). Construct a 36-foot
street section within 50-feet of right-of-way complete with curb, gutter and 5-foot attached
concrete sidewalk for South Tylee Way.
7.1.5 Construct a stub street to the south, Katsura Street, located approximately 130-feet east of the
west property line (measured property line to centerline). This stub street shall align with and
connect to a future street to the south of the subject site.
7.1.6 Linder Road is classified as an arterial roadway: all access points to Linder Road will be closed:
direct lot access to Linder Road is prohibited and should be noted on the [mal plat. The applicant
is required to close all existing access to Linder Road (including lot 20) and access the internal
public streets.
7.1.7 Comply with all Standard Conditions of Approval.
7.2 GENERAL REQUIREMENTS
7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way.
7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of-way.
7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.2.5 Comply with the District's Tree Planter Width Interim Policy.
7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit
(or other required permits), which incorporates any required design changes.
7.2.9 Construction, use and property development shall be in conformance with all applicable
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 5,2006
requirements of the Ada County Highway District prior to District approval for occupancy.
7.2.10 Payment of applicable road impact fees is required prior to building construction in accordance
with Ordinance #200, also known as Ada County Highway District Road hnpact Fee Ordinance.
7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days
prior to breaking ground within ACHD right~of~way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
7.2.12 No change in the tenus and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
7.2.13 Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subj ect property unless
a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
8. NAMP A/MERIDIAN IRRIGATION DISTRICT
8.1 A land use change application must be filed, for review, prior to final platting.
8.2 All laterals and waste ways must be protected.
8.3 The District's Kennedy Lateral courses along the south boundary of this proposed project. This
easement must be protected and any encroachment without a signed license agreement and
approved plan, before any construction is started, is unacceptable.
8.4 All municipal surface drainage must be retained on site.
9. CENTRAL DISTRICT HEAL TH DEPARTMENT
9.1 After written approval from appropriate entities is submitted, we can approve this proposal for
central sewage and central water.
9.2 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.
9.3 Run-off is not to create a mosquito breeding problem.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 5,2006
C. Legal Description
ANNEXA nON DESCRlPTION
FOR
PROPOSED NURSERY SUBDIVISION
A parcel ofland lying in the NWI/4 of Section 13, Township 3 North, Range 1 West,
Boise Meridian, Ada County, Idaho, said parcel being more particularly described as
follows:
Commencing at a Brass Cap marking the NW Corner of said Section 13, said Brass Cap
bears N,00oOO'35"W. 2657.33 feet (formerly 2657.541'eet) from a 5/8 ineh rebar marking
the W \f4 Corner of said Section 13; thence S.00oOO'35"E. 1862.31 feet (formerly
1862.19 feet) along the West line of the said NW\f4 of Section 13 and along the
centerline of S. Linder Road to a point marking the SW Corner of The Landing
Subdivision No, 2, records of Ada County, Idaho, said point being the POINT OF
BEGINNING;
thence S.89049'00"E. 30.00 t'eet along the south boundary of The Landing Subdivision
No, 2 to a point lying on the east right of way of said S. Linder Road.
Thence continuing S.89049'00"E, 960.16 l'eet along the south boundaries of The Landing
Subdivision No, 2 and The Landing Subdivision No.3 to a point lying on the westerly
boundary oCThe Landing Subdivision No.4;
Thence S,00oOO'35"E. 381.34 feet (formerly 379,61 feet) along the said westerly
boundary of The Landing Subdivision No.4 to a point lying on the northerly boundary of
The Landing Subdivision No.7, and lying on the centerline of the Kcnncdy Lateral;
Thence along the said centerline oftbe Kennedy Lateral the following courses and
distances:
N.60043' 10"W_ 161\.27 feet (formerly 164.23 feet) along the said northerly boundary of
The Landing Subdivision No, 7 to a point;
Thence N.81 o30'40"W. 597.88 feet, a portion of this distance being along the said
northerly boundary of The Landing Subdivision No.7, to a point;
Thencc N.77014'25"W, 98.02 feet to a point;
Thence N.56005'40"W. 156.62 feet to a point lying on the said east right of way ofS.
Lind!;:r Road;
Thence continuing N.56005'40"W. 36.15 feet to a point lying on the said West line of the
NWJl4 of Section 13 and lying on the said centerline of S. Linder Road;
Nu"cry Sub ANNEXATION description 06 I 406lmm.doe
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 5,2006
Thence leaving the said centerline of the Kennedy Lateral, N.OooOO'35"W. 86_73 feet
(formerly 87.42 feet and 85.34 feet) along the said West line of the NWi/4 of Section 13
and along the said centerline of S, Linder Road to the POINT OF BEGINNING.
Said parcel contains 5.59 acres, more or less, and is subject to all existing easements and
right-or-ways of record or implied,
~E':t"'f)ROVAL
MERIDIAN PUBLIC
WORKS OI':P1,
Nursery Sub ANNEXATION description 0614061mm.doc
Exhibit C
or< Of J-AElUDIN' pLAl'l"",G D1lP AR~ S~ Aft' 1JXl'OR~ fOR tIlE ~G DATE Of D"ca.U'''R 5, 2006
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--------
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 5,2006
D. Required Findings from Unified Development Code
1. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation
and/or rezone, the Council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive
plan;
The applicant is proposing to zone all of the subject property to R-8. Council fmds that
the proposed zoning map amendment complies with the applicable provisions of the
Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of
this Staff Report.
2. The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
Council finds that single-family residential uses are allowed within the requested zoning
district of R-8 as a Principally Permitted Uses. The accompanying plat demonstrates the
land will be developed with varying lot sizes and other dimensional requirements which
conform to the proposed zoning designation.
3. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
Council finds that the proposed zoning amendment will not be detrimental to the public
health, safety, or welfare. Staff recommends that the Commission and Council rely on
any oral or written testimony that may be provided when detennining this finding.
4. The map amendment shall not result in an adverse impact upon the delivery of
services by any political subdivision providing public services within the City
including, but not limited to, school districts; and,
Council fmds that the proposed zoning amendment will not result in any adverse impact
upon delivery of services by any political subdivision providing services to this site, as
conditioned in the staff report.
5. The annexation is in the best ofinterest ofthe City (UDC 11-5B-3.E).
Council fmds that all essential services will be provided by the developer to the subj ect
property and will not require unreasonable expenditure of public funds. The applicant is
proposing to develop the land in general compliance with the City's Comprehensive Plan;
and this is a logical expansion of the City limits. In accordance with the fmdings listed
above, Commission fmds that Annexation and Zoning of this property to R-8 would be in
the best interest of the City.
2. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat,
the decision~making body shall make the following findings:
1. The plat is in conformance with the Comprehensive Plan;
Council finds that the proposed application is in substantial compliance with the adopted
Comprehensive Plan. Commission supports the proposed density and proposed plat
Exhibit D
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 5,2006
layout, with reconunended changes, as they comply with the provlSlOns of the
Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of
the Staff Report.
2. Public services are available or can be made available and are adequate to
accommodate the proposed development;
Council finds that public services can be made available to acconunodate the proposed
development. (See Finding Items 3 and 4 above under Annexation Findings for more
details.)
3. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because the developer is installing sewer, water, and utilities for the development at their
own cost, Council [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 reconunends the Commission and Council rely upon comments from the public
service providers (Le., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit
B, Agency Comments and Conditions, for more detail.)
5. The development will not be detrimental to the public health, safety or general
welfare; and
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 recommends 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 significant natural, scenic or historic features.
Council is unaware of any natural, scenic, or historic features on this site. Therefore,
staff finds that the proposed development will not result in the destruction, loss or
damage of any natural, scenic or historic feature(s) of major importance. Staff
reconunends that the Commission and Council reference any public testimony that may
be presented to detennine whether or not the proposed development may destroy or
damage a natural or scenic feature( s) of maj or importance of which staff is unaware.
Exhibit D