HomeMy WebLinkAboutClearsprings Subdivision
December 4,2006
MERIDIAN PLANNING & ZONING MEETING
APPLICANT Mike Hill
AZ 06~056
December 7, 2006
ITEM NO.
11
REQUEST Public Hearing: Annexation and zoning of 5.2 acres from RUT to R-4 zone
for Clearsprings Subdivision - 1035 E. McMillan Road
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
See Attached Staff Report
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
No Comment
MERIDIAN SCHOOL DISTRICT:
See Attached Comments
SANITARY SERVICES:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
See Attached Comments
"IAMPA MERIDIAN IRRIGATION:
No Comment
SETTLERS' IRRIGATION:
IDAHO POWER:
See Attached Comments
INTERMOUNTAIN GAS:
OTHER: ~ AJh:dCl\/~\+ of S(~f1 'Vosh'ng
Contacted: Date:
Phone:
Emailed:
Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
~ CENTRAL
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CENTRAL DISTRICT HEALTH DEPARTMEN-t
Environmental Health Division
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Return to:
o Boise
o Eagle
o Garden City
~eridian
o Kuna
DACZ
o Star
A'"L 0(,-05(,
Rezone #
Conditional Use #
Preliminary / Final/Short Plat
01-
02.
03.
04.
05.
06.
07.
Ji'f 8.
City of Meridian
City Clerk Office
pp oG -o~'7
We have No Objections to this Proposal.
We recommend Denial of this Proposal.
Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal.
We will require more data concerning soil conditions on this Proposal before we can comment.
Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of:
o high seasonal ground water 0 waste flow characteristics
D or bedrock from original grade D other
This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or
surface waters.
This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and
water availability.
After writ~n a.EQIoval from appropriate entities are submitted, we can approve this proposal for:
~ntral sewage D community sewage system D community water well
o interim sewage ~ntral water
o individual sewage D individual water
~ The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division <! E-'J,Y.ironmental Quality:
~central sewage 0 community sewage system 0 community water
o sewage dry lines ~ntral water
~ Run-off is not to create a mosquito breeding problem.
o 11. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
o 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State
Sewage Regulations.
o 13. We will require plans be submitted for a plan review for any:
o food establishment 0 swimming pools or spas
o beverage establishment 0 grocery store
o child care center
o 14. Please see attached stormwater management recommendations
o 15.
Reviewed By:
......
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Joint School District No.2
911 Meridian Road · Meridian, Idaho 83642 · (208) 855-4500 . Fax (208) 888-6700
SUPERINTENDENT
Dr. Linda Clark
November 17,2006
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City of Meridian
City Clerk's Office
- ----Attn:-WilliamJlBexg,.-Jr.-
33 East Idaho Avenue
Meridian, ill 83642
Dear Planners:
The Meridian School District has experienced phenomenal student growth the last ten
years. The high schools, middle schools, and elementary school~ throughout the district
are operating over capacity.
Approval of the Clearsprings Subdivision will have a significant impact on school
enrollments at Prospect Elementary. Sawtooth Middle and Eagle High School.
We can predict that these homes, when completed, will house three (3) elementary aged
children, three (3) middle school aged children, and two (2) senior high aged students.
Additional students will further compound the current overcrowded situation. Residents
cannot be assured of attending the neighborhood school, as it may be necessary to bus
students to other schools across the district.
School capacity is addressed in Idaho Code 67-6508. The Meridian School District is
currently operating beyond capacity. Future development will continue to have an impact
on the district's capacity. If you have any questions, please contact me at 855-4500.
Sincerely,
~~
Wendel Bigham
Building & Construction Manager
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December 7, 2006
Sent Via Email
City of Meridian City Clerk
Attn: Tara Green
33 E. Idaho Avenue
Meridian, Idaho 83642
RE: Clearsprings Subdivision - Staff Report (AZ..os..oS6 & PP..oS-D54)
Dear Tara,
We have received and reviewed the staff reports for the above referenced applications for the
Clearsprings Subdivision and will comply with the Conditions of Approval stated therein. Please
contact me at 208.867.3954 if you should have any questions or would like to further discuss
the project.
Ro E' .E.
Pro ect Manager
cc: Sharon Smith smlthSfilmeridlavcitY.ora
Justin Lucas Iucasl@meridlanclty.ora
Tara Green qreentftmer!djancitv..o/'Q
Nov, 14. 2006 2:36PM
No,6210 p, 2
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SETTLERS' IRRIGATION DISTRICT
P.O. BOX 757 J · 301SE, iDAHO 83707-157 J
PHONE. 344-2411 FAX: 343. J 642
COpy
November 10,2006
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Ross Erickson
Erickson Civil
1854 E. Larlark St.
Meridian, II) 83642
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Re: PP06.QS4 C1earsprings Subdivision
Dear. Ross:
After review of the Preliminary Plat of the above-mentioned applications Settlers Irrigation
District requests th.e following:
1. All hrigationldnUnagc facUlties along wIth their easemeJ:lt8 must be protected and
continue to function. The facilities are the Starkey Lateral, and the Parkins Nourse
Lateral. Contact SID for any additional requirements.
2. A Land Use Change Application must be on file prior to any approvals.
3. A license agreement MUST be signed and recorded prior to construction of-any SID
facilities, or within its easements. .
4. MY changes to the exi~g irrigation system sud! as relocation, Water deJiveIY, tiling.
and landscaping must be approved by Settlers ltTigation District's Board of Directors.
S. All storm drainage must be retained pn-site.
6. A pressure irrigation system must ~e provided to service all lots with irrigation water.
If you have any questions please call 343-5271.
~.
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Nathan Draper, Manager
SeUlers Inigation District
Enclosures .
Cc: City of Meridian Planning Department (w/o enclosures)
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7,2006
STAFF REPORT
TO:
FROM:
Hearing Date: 12/7/2006
Planning & Zoning Commission
Justin Lucas
Associate City Planner
Meridian Planning Department
208-884-5533
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SUBJECT:
Clearsprings Subdivision
AZ-06-056
Annexation and Zoning of 5.2 acres from RUT (Ada County) to
R-4 (Medium Low-Density Residential).
RECEIVED
DEe ,0 1 2006
City Of Meridian
City Clerk Office
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Mike Hill, has applied for Annexation and Zoning (AZ) to R-4 (Medium Low-
Density Residential) for 5.2 acres of property currently zoned RUT in Ada County. The site is
located on the south side of E. McMillan Road approximately 3,300 feet east of N. Meridian
Road. There is one existing home on this site that will be retained. The subject property is located
within the Urban Service Planning Area and the City's Area of Impact.
PP-06-054
Preliminary Plat approval of 11 single-family residential building lots and 2
common lots in the proposed R-4 zone, by Mike Hill.
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, Zoning and Preliminary Plat applications. Staff is
recommending approval of the proposed Clearsprings Subdivision (AZ-06-056 and PP-06-
054) with the conditions listed in Exhibit B of the Staff Report.
3. PROPOSED MOTION (to be considered after the public hearing)
Recommend Approval
After considering all staff, applicant and public testimony, I move to recommend approval to the
City Council of File Numbers AZ-06-056 and PP-06-054 as presented in staff report for the
hearing date of December 7,2006 with the following modifications: (Add any proposed
modifications. )
Recommend Denial
After considering all staff, applicant and public testimony, I move to recommend denial to the
City Council of File Numbers AZ-06-056 and PP.06-054 as presented in the staff report for the
hearing date of December 7, 2006 for the following reasons: (You should state specific reasons
for denial ofthe annexation and you must state specific reason(s) for the denial ofthc plat.)
Continuance
I move to continue File Numbers AZ-06-056 and PP-06-054 to the hearing date of (insert
continued hearing date here) for the following reason(s): (You should state specific reason(s)
for continuance.)
CJearsprings Subdivision AZ-06-056/PP-06-054
PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7,2006
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location: 1035 E. McMillan Road; on the south !';ide of R. McMillan Road and
east ofN. Meridian Road in Section 31, Township 4 North, Range I East.
b. Owner:
Boyd Hill
1035 E. McMillan Road
Meridian, ill 83642
c. Applicant:
Mike Hill
496 E. Redrock Drive
Meridian, ill 83642
d. Representative: Ross Erickson, Erickson Civil, Inc.
e. Present Zoning: RUT (Ada County)
f. Present Comprehensive Plan Designation: Low Density Residential
g. Description of Applicant's Request: The applicant is requesting concurrent approval for
Annexation and Zoning ofthe subject 5.2 acres to R-4, and Preliminary Plat approval of 11
single-family buildable lots and 2 common lots. All ofthe homes within the development are
proposed to be single-family detached. The average lot size in the proposed development is
13,688 square feet (including the large lot that retains the existing home). The gross density of
the project is 2.23 dwelling units per acre. Approximately 9.41 percent of the site is being set
aside for open space.
I. Date of preliminary plat (attached in Exhibit A):
2. Date oflandscape plan (attached in Exhibit A):
10/4/06
10/4/06
5. PROCESS FACTS
a. The subject application will in fact constitute an annexation as determined by City Ordinance.
By reasun uf tht: provisions of the Meridian City Code Title II Chapter 5, a public hcaring is
required before the City Council on this matter.
b. The subject application will in fact constitute a preliminary plat as detennined by City
Ordinance. By reason of the provisions of the Meridian City Code Title II Chapter 5, a public
hearing is required before the City Council un this mattt:r.
c. Newspaper notifications published on: November 20th and December 4t\ 2006
d. Radius notices mailed to properties within 300 feet on: November 9th, 2006
e. Applicant posted notice on site by: November 27th, 2006
6_ , ,AND USE
a. Existing Land Use(s): There is one existing house on this 5-acre site. The existing home is
to be retained and connected to City water and sewer services.
b. Description of Character of Surrounding Area: This area is rapidly transitioning from rural to
urban. Various subdivisions have been previously approved in the vicinity including the
Clearsprings Subdivision AZ-06-056/PP-06-054
PAGE 2
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7, 2006
Silversprings Subdivision to the west and the Harpe Subdivision to the east. A few five acre
parcels zoned RUT still remain in this area that have yet to redevelop.
c. Adjacent Land Use and Zoning:
I. North: Single family homes, Larkwood Subdivision, zoned RUT (Ada County)
2. South: Single family homes, Havasu Creek Subdivision No.3, zoned R-4
3. East: Single family home on 5-acres, Crestwood Subdivision, zoned RUT (Ada
County)
4. West:
Future single family homes in the proposed Silversprings Subdivision,
zoned R-4
d. History of Previous Actions:
None
e. Existing Constraints and Opportunities:
1. Public Works:
Location of sewer: There is sewer planned to the west in Silversprings
Subdivision, and an existing sewer stub in N. Mooney Falls Way to the south east
corner of this property.
Location of water: There is a water stub planned to the west in Silversprings
Subdivision, and an existing water stub in N. Mooney Falls Way to the southeast
corner of this property.
Issues or concerns: 1.) The need for a second water connection for
redundancy. 2.) The need for a sewer easement to ensure adequate protection for
the sewer main in N. Mooney Falls Way.
2. Canals/Ditches Irrigation: N/A
3. Hazards: No hazards havc bccn idcntificd on this sitc.
4. Proposed Zoning: R-4 (Medium Low-Density Residential)
5. Size of Property: 4.94 acres (excluding right-of-way)
f. Subdivision Plat Information:
1. Residential Lots: 11
2. Non.rcsidcntial Lots: 0
3. Total Building Lots: 11
4. Common Lots: 2
5. Other Lots: 0
6. Total Lots: 13
7. Gross Dcnsity: 2.23 units per acre (net density is 2.79 d.u./acre)
8. Minimum House Size:
1,400 square feet (per UDC)
g. Landscaping:
1. Width of street buffer(s): A 25-foot wide landscape street buffer is required
along E. McMillan Road, an arterial street (UDC Il-2A-5).
2. Width ofbuffer(s) between land uses: N/A
Clearsprings Subdivision AZ-06-056/PP-06-054
PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7, 2006
3. Percentage of site as open space: 0.4 7 acres/9.41 %
4. Other landscaping standards: Parkway areas are to be 8-feet wide and contain
Class II trees to be counted as common open space (UDC 11-3A-17E).
h. Amenities: Parkways with detached sidewalks and I open space lot
1. Off-Street Parking: UDC ll-3C-6 requires single-family detached dwellings to have 2
enclosed parking spaces (a garage) and a 20' x 20' parking pad in front of each garage.
J. Summary of Proposed Streets and/or Access: The applicant is proposing to construct public
streets, E. Copper Ridge Street and N. Clearfalls Place within this development. Copper Ridge
Street is stubbed to the subject property at the west property line. Along with these streets the
applicant is proposing to partially connect to the stub street N. Mooney Falls Way that is
provided from the Havasu Creek Subdivision to the south. The applicant can only partially
connect to this stub street because the existing stub street is stubbed to buth this prupt:rly and
the off-site property to the east. As a condition of this development, ACHD is requiring the
applicant to construct their portion of the street (approximately 25-feet wide, up to the eastern
property line) with a barricade that will not allow entry on to the unfinished street. It will be
the responsibility of the property owner/developer to the east to complete the construction of
this stub street when that parcel develops in the City. All of the other internal streets are local
streets with 36-feet wide street sections with rolled curb, gutter and 4-foot wide detached
sidewalks. ACHD has submitted comments and conditions hack to the City for this project_
ACHD's conditions are included in Exhibit B.
7. COMMENTS MEETING
On November 17,2006, 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, and the Sanitary Services Company.
Staff has included comments, conditions and recommended actions in Exhibit B below.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Low Density Residential" on the Comprehensive Plan Future Land
Use Map. Low density residential areas are anticipated to contain up to three dwellings per acre
(see Page 99 of the Comprehensive Plan.) The proposed Preliminary Plat includes II single-
family lots on 4.94 acres for a gross density of 2.23 dwelling units/acre. The proposed density
complies substantially with the anticipated density for this area.
Note: Staff recognizes the possible redevelopment potential that the Lot 6, Block 1 has due its
large size (50,052 s.f.). Even with this redevelopment potential Staff is confident that the Low
Density Comprehensive Plan designation combined with the proposed R-4 zoning will ensure that
this lot develops similar to the other lots proposed in this subdivision. It should be made clear that
no plans have been discussed about subdividing this large lot and this analysis applies only to
possible future redevelopment.
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.
Clearsprings Subdivision AZ-06-056/PP-06-054
PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7,2006
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 jurisdic.:tivn vJ the Meridian City Fire
Department, who currently shares resource and personnel with the Meridian Rural Fire
Department.
. The subject lands currently lie within the jurisdiction of the Ada County Sher(ff's Office.
Once annexed the lands will be serviced by the Meridian Police Department (MPD).
. The roadways adjacent to the subject lands are currently owned and maintained by the
Ada County Highway District (ACHD). This service will not change.
. The subject lands are currently serviced by the Meridian School District #2. This service
will not change.
. The subject lands are current~v serviced bv 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 Puhlic 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 Reconunended 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 6 - Require street connections between subdivisions at
regular intervals to enhance connectivity and better traffic flow.
The submitted preliminary plat proposes to provide one stub street to the east parcel that is
currently zoned in Ada County RUT, which staff anticipates will re-develop in thefuture. The plat
also shows a partial connection to a stub street to the south that will be completed when the
property to the east develops. A stub street to this property was also provided with the
Silvenprings Subdivision to the west. The applicant is proposing to extend this stub street into the
property. Staffis supportive of the proposed street connections.
Chapter VI, Goal II, Objective A, Action 13 - Review new development for appropriate
opportunities to connect to local roads and collectors in adjacent developments.
See analysis above.
Chapter 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
CJearsprings Subdivision AZ-06-056/PP-06-054
PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7, 2006
community pathway system.
The applicant is proposing to constructfour-foot wide, detached sidewalks adjacent to all of the
proposed streets, which connect to adjacent properties.
Chapter VII, Goal IV, Objective C, Action 6 - Require pedestrian access in all new development
to link subdivisions together and promote neighborhood connectivity.
See above.
Chapter VII, Goal IV, Objective C, Action 1 - Protect existing residential properties from
incompatible land use development on adjacent parcels.
The applicant is proposing a residential zone. Staff finds that the eXlstmg single-family
residential properties to the north, south, east and west, are compatible with the proposed
development.
Staff recommends that the Commission and Council rely on any verbal or written testimony that may be
provided at the public hearing when determining if the applicant's zoning and development request is
appropriate for this property.
9. UNIFIED DEVELOPMENT CODE
a. Schedule of Uses: Unified Development Code (UDC) 11-2.1 lists single-family detached
homes as permitted uses in the R-4 zoning district.
b. Purpose Statement of Zone:
R-4 Medium Low-Density Residential: The purpose ofthe residential districts is to
provide for a range of housing opportunities consistent with the Meridian Comprehensive
Plan. Connection to the City of Meridian water and sewer systems is a requirement for all
residential districts. Residential districts are distinguished by the allowable density of
dwelling units per acre and corresponding housing types that can be accommodated
within the density range.
c. General Standards: All of the proposed lots comply with the standard street frontage and lot
size requirements ofthe R-4 zone established in the UDC. No dimensional modifications are
being requested for the proposed development.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation:
1. AZ Application: Based on the policies and goals contained in the Comprehensive
Plan, staff believes that the requested R-4 zonc is appropriatc for this propcrty.
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 August
28,2006 by Clinton W. Hansen, PLS) shows the property as contiguous to the existing
corporate boundary of the City of Meridian.
CJearsprings Subdivision AZ-06-056/PP-06-054
PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7, 2006
2. PP Application: The proposed preliminary plat substantially complies with the
Unified Development Code.
Special Considerations:
Density/Open Space: UDC Il-3G-3Al requires at least 5% of the total land area to be
set aside for common open spacc in singlc-family developments. Parkways anu :stn::t;l
buffers as designed by the applicant do count towards the open space requirement. The
applicant should provide 9.41 % (0.47 acres) open space as proposed.
Landscaping: The landscape plan prepared by Erickson Civil, Inc. on 10/4/06, is
approved with the following modificatiuns/notes:
· Per UDC ll-3G-3B5, parkways that are used as common open space shall be
a minimum of eight feet wide from street curb to edge of sidewalk and contain
one class two tree for every 35 linear feet of parkway as proposed.
· Per UDC 11-3B-I0, 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.
· The 25-foot wide landscape buffer proposed along McMillan Road should be
constructed in accordance with UDC 11-3B-7.
· 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 final plat application(s).
Stub Streets: The applicant should be required to extend Copper Ridge Streete into the
site from the west as a public stub street to the Meyers property to the east (parcel
#RI608650090). The applicant should also be required to partially extend the stub
street N. Mooney Falls Way provided hy the Havasu Creek Subdivision to the south.
The existing stub street N. Mooney Falls Way straddles two property lines and can not
be completely constructed with the proposed subdivision. Due to this situation ACHD
is requiring the applicant to construct a partial street section tor this stub street
extension that matches the existing street section in the Havasu Creek Subdivision.
This partial street section will only leave approximately 11 feet of driving surface
which is inadequate for a safe connection to the south. ACHD is requiring a barrier to
be placed across the north end of this partial street section until the other portion is
completed, and meets all ACHD standards. Staff is supportive of ACHD's
requirements regarding this partial street section and stub street extension.
Existing ResidenceslBuildings: The site currently contains residential and out~
buildings. All existing buildings should be retained or removed as proposed (see Site
Plan, dated October 4, 2006). Further, the existing residence should be connected to
city sewer and water services.
Access: As currently proposed the only full access into the site is extended from the
proposed Silversprings Subdivision to the west. If for some reason the Silversprings
Subdivision were not completed, the applicant would have to find a way to fully
construct the stub street N. Mooney Falls Way that is extended from the Havasu Creek
Clearsprings Subdivision AZ-06-056/PP-06-054
PAGE 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7,2006
Subdivision to the south. At no point should the applicant be take access off of
McMillan Road to serve the proposed subdivision. Furthermore, the existing access
points to McMillan Road should be abandoned by the applicant as proposed. No direct
lot access should be allowed to McMillan Road.
Fencing: Although not specifically shown on the Preliminary Plat or Landscape Plan
the applicant is proposing (as discussed in a phone conversation) to construct six-foot,
closed-vision fencing along the east boundary of the site. An existing six-foot fence
along the south perimeter will be retained and a six foot closed vision fence is
proposed along the west boundary with the Silversprings Subdivision. A detailed
fencing plan should be submitted upon application of the final plat. If permanent
fencing is not provided before issuance of a building pennit, temporary construction
fencing to contain debris must be installed around the perimeter. Perimeter, common
open space, and micro-path /multi-use fencing shall be designed according to UDC
11-3A-7.
Common Areas: Maintenance of all common areas should be the responsibility of the
Clearsprings Home Owners' Association.
Ditches, Laterals, and Canals: Per UDC ll-3A-6 all inigation ditches, laterals or
canals, exclusive of any natural waterway, that intersect, cross or lie within the area
being subdivided should be covered.
Pressure Irrigation: The City of Meridian requires that pre!';!';urized irrigation !';y!';tem!';
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 conunon areas prior to signature on the fmal plat by the City
Engineer. An underground, pressurized irrigation system should be installed to all
landscape areas per the approved specifications and in accordance with UDC 11-3A-
15 and MCC 9-1-28.
b. Staff Recommendation: Staff is recommending approval of the proposed
Clearsprings Subdivision (AZ-06-056 and PP-06-054) with the conditions listed in
Exhibit B of the Staff Report.
11. EXHffiITS
A. Drawings
1. Preliminary Plat (dated: 10/4/06)
2. Landscape Plan (dated: 10/4/06)
B. Conditions of Approval
I. Plarming Department
2. Public Works Department
3. fire Department
4. Police Department
Clearsprings Subdivision AZ-06-056/PP-06-054
PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7,2006
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
8. Central District Health Department
9. Settlers' Irrigation District
C. Legal Description
D. Required Findings from Unified Development Code
CJearsprings Subdivision AZ-06-056/PP-06-054
PAGE 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7, 2006
A. Drawings
1. Preliminary Plat (dated: 10/4/06)
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7, 2006
B. Conditions of Approval
1. Planning Department
1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT (PP-06-054)
1.1.1 The preliminary plat labeled as PP-l, prepared by Erickson Civil, Inc., dated October 4, 2006 is
approved, with the conditions listed herein. All conunents and conditions of the accompanying
Annexation and Zoning (AZ-06-056) application shall also be considered conditions of the
Preliminary Plat (PP-06-054)
1.1.2 The landscape plan prepared by Erickson Civil, Inc. dated October 4, 2006 is approved with the
following modifications/notes:
. Per UDC 11-3G-3B5, parkways that are used as common open space shall be a
minimum of eight feet wide from street curb to edge of sidewalk and contain one
class two tree for every 35 linear feet of parkway.
. Per UDC 11-3B-I0, 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.
. The 25-foot wide landscape buffer proposed along McMillan Road shall be
constructed in accordance with UDC Il-3B-7.
. 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.
Where the applicant has submitted a preliminary landscape plan and where staff has reviewed
such plan, the landscaping shall be consistent with the preliminary plan with modifications as
proposed by staff. The proceeding modifications and notes should be shown on a revised
landscape plan submitted with the final plat application(s).
1.1.3 Extend the stub street from Silversprings Subdivision (Copper Ridge Drive) from the west as a
public stub street to the Meyers property to the east (parcel #RI608650090) and partially extend
the stub street N. Mooney Falls Way provided by the Havasu Creek Subdivision to the south as
proposed.
1.1.4 At no point shall the applicant take access off of McMillan Road to serve the proposed
subdivision. The existing access points to McMillan Road shall be abandoned by the applicant as
proposed, and access shall be taken from the internal public streets. No direct lot access shall be
allowed to McMillan Road; place a note prohibiting direct lot access to McMillan Road on the
face of the final plat.
LL5 All buildings that span across proposed lot lines, or do not conform to the dimensional standards
(setbacks, height, etc.) of the UDC shall be removed, relocated or made to conform to city code,
prior to signature of the final plat by the City Engineer.
1.1.6 The existing house that is to remain shall be required to connect to City services, the applicant
shall be responsible for the payment of assessments and the actual physical connection to the
serviCes.
1.1.7 Provide a six-foot tall fence along the east perimeter of the development, as proposed. A detailed
fencing plan shall be submitted upon application of the final plat. If permanent fencing is not
provided before issuance of a building permit, temporary construction fencing to contain debris
Exhibit B - Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7,2006
must be installed around the perimeter. Perimeter, common open space, and micro-path fencing
shall be designed according to UDC 11-3A.7.
1.1.8 Maintenance of all common areas shall be the responsibility of the Clearsprings Home Owners'
Association.
1.1.9 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, but exclusive of any natural waterway,
that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be
approved by the appropriate irrigation/drainage district, or lateral users association (ditch
owners), with written approval or non-approval submitted to the Public Works Department prior
to construction plan approval. If lateral users association approval can not be obtained, alternate
plans will be reviewed and approved by the City Enginccr.
1.1.10 Underground, pressurized irrigation must be provided to all lots within this development.
1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT (PP-06-054)
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 [mal plat application(s).
1.2.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuant to UDC 11-3A-17.
1.2.3 All areas approved as open space shall be free of wet ponds or other such nuisances. All
stormwater detention facilities incorporated into the approved open space are subject to UDC 11-
3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated
surface materials shall not be used in open space lots, except as permitted under ODe 11-3H.
Where the applicant has submitted a preliminary landscape plan and where staff has reviewed
such plan, the landscaping shall be consistent with the preliminary plan with modifications as
proposed by staff. If the stormwater detention facility cannot be incorporated into the approved
open space and still meet the standards of UDC 11~3A~18, then the applicant shall relocate the
tacility. This may require losing a developable lot or developable area. It is the responsibility of
the developer to comply with ACHD, City of Meridian and all other regulatory requirements at
the time of fmal construction.
1.2.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department.
1.2.5 Staff's failure to cite specific ordinance provisions or terms of the approved annexation and
conditional use does not relieve the applicant of responsibility for compliance.
1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC ll-6B-7.
2. Public Works Department
2.1 Sanitary sewer service to this development is being proposed via extension of mains in N.
Mooney Falls. There is only 5-feet from the centerline ofthe main to the bowldary ofthe subject
property. Public Works requires a minimum of 10- feet of easement past the centerline of pipe.
Prior to construction plan approval the applicant shall provide an easement that is sufficient in
width to cover the sewer main in N. Mooney Falls.
2.2 The applicant shall install sewer mains to and through this subdivision; applicant shall coordinate
Exhibit B - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7, 2006
main size and routing with the Public Works Department, and execute standard forms of
easements for any mains that are required to provide service. MinimWll cover over sewer mains
is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials
shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2.3 Water service to this site is being proposed via extension of mains in Silversprings Subdivision.
The applicant shall be responsible to install water mains to and through this development,
coordinate main size and routing with Public Works.
2.4 This development is proposing water service to Silversprings Subdivision to the west which has
only one water feed. Due to Public Works concern of the growing number of houses on one
water connection this development shall be required to have a second water main cOlmection. If it
is to mains stubbed in N.Mooney Falls, the applicant shall provide a signed easement prior to
construction plan approval.
2.5 The existing house that is to remain shall be required to connect to City services, the applicant
shall be responsible for the payment of assessments and the actual physical COllllection to the
services. The payment of assessments shall be required prior to signature on the final plat by the
City Engineer, the actual physical connection shall be accomplished prior to Certificates of
Occupancy being issued.
2.6 The easement depicted on the plat, that was created with the Crestwood Subdivision is an
irrigation and utility easement. The applicant shall vacate the easement prior to signature on the
final plat by the City Engineer.
2.7 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13
and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of
reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement
with the reimbursable amount shall be approved by Council prior to plat signature.
2J~ The applicant flhall provide a 20-foot eaflement for all public water/!';ewer main!'; out!';ide ofpuhlic
right of way (include all water services and hydrants).
2_9 The applicant has indicated Settler will own and operate the pressure irrigation system in this
proposed development. Therefore a letter of plan approval 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
water for the primary source. If a surface 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 conunon areas prior to signature on the
final 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 fmal plat by the City Engineer.
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 this separation
requirement and comply with all landscape requirements.
2.13 Additional width to the public utilities, drainage and irrigation easement along the right-of way
shall be dedicated where the sidewalk is located past the right-of-way. The additional width
needs to be sufficient to allow for 10 feet of easement past the sidewalk.
2.14 Any existing domestic wells and/or septic systems within this project shall be removed from
Exhibit B - Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7,2006
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.
2.15 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 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 rccordcd, prior to applying for building pennits.
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 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.
2.19 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 ftnal 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 Permitting 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 backftll, 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. This is to ensure that the bottom
elevation ofthe crawl spaces of homes is at least I-foot above.
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
expense. Typical locations are at street intersections and/or ftre 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
Exhibit B - Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7,2006
3.1 One and two family dwellings not exceeding 3600 square feet will require a fITe-flow of 1,000
gallons per minute available for duration of 2 hours to service the entire project. One and two story
family dwellings will require a fire flow of 1500 gallons per minute. Fire hydrants shall be placed an
average of 500 feet apart. International Fire Code Appendix C.
3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 '/z" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
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.
3.3 AllY roadway gn:att:r than 150 ft:d in It:nglh that is not provided with an outlet shall be required
to have an approved turn around. Phasing of the project may require a temporary approved turn
around on streets greater than 150' in length with no outlet.
3.4 Operational fITe hydrants, temporary or permanent street signs and access roads with an all
weather surface are required before combustible construction is brought on site.
?L5 Where a portion of the facility or building hereafter constmcted 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 otlicial. 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).
For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183
m).
For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet
(183 m).
4. Police Department
4.1 The Police Department did not submit any comment on this application.
5. Parks Department
5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape
Ordinance will be followed.
5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in
the City of Meridian Landscape Ordinance will be followed.
6. Sanitary Service Company
Exhibit B - Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7, 2006
6.1 SSC has no comments related to this application.
7. Ada County Highway District
7.1 Site Specijic Conditions of Approval
7.1.1 Construct the site's internal streets as 36-foot street sections with rolled curb, gutter, 8~foot
plantt:r strips and 5-fuut dt:tacht:d concrete sidewalks. All roadway improvements are to be
located within the right-of-way (50-feet), with the exception of the detached concrete sidewalk,
which should have a public access easement.
7.1.2 Construct a stub street to the east approximately 120- feet north of the south property line as a 36-
foot street section with rolled curb, gutter, and a 5-foot detached concrete sidewalk. All roadway
improvements should be located within the right-of-way with the exception of the detached
sidewalk which may be in an easement. This street should be signed as follows: "THIS ROAD
WILL BE EXTENDED IN THE FUTURE."
7.1.3 Construct a 5-foot concrete sidewalk no closer than 38-feet from the centerline of McMillan Road
to match improvements to the west (Silversprings Subdivision). If the sidewalk is located outside
ofthe right-of-way, the applicant should provide a sidewalk easement.
7.1.4 Dedicate either 35-feet or 45-feet of right-of-way from the centerline of McMillan Road abutting
the parcel by means of a warranty deed. A dedication of 35-feet will facilitate roadway
improvements noted in the Capital Improvements Plan, leaving the sidewalk within an easement.
Thc 45-foot right-of-way dedication would facilitate all roadway improvements, including
sidewalk.
7.1.5 Construct the half street section to the south with matching improvements to those existing in the
Havasu Falls Subdivision. Given the fact that the half street pavement width for Moon Falls Way
will be less than 24-feet, a connection may not be opened for tIus section until such tinle that a
full local roadway is constructed. A barricade should be installed at the intersection of Moon Falls
Way and E. Copper Ridge Street with signage stating "THIS ROAD WILL BE EXTENDED IN
THE FUTURE."
7 .1.6 Obtain fire department approval to not provide a temporary turnaround at the t:astem It:rminus uf
E. Copper Ridge Street (stubbing to the property line).
7.7.7 Construct the traditional cul-de-sac turnaround at the terminus ofN. Clearsprings Place with a
minimum turning radius of 45-feet.
7.1.8 Any existing driveway access to McMillan Road should be relocated to the internal streets;
thereby restricting all access to McMillan Road. A notation of all access restrictions should be
made on the final plat.
7.1.9 The applicant should EITHER:
. Obtain access from the proposed stub street to the west (extended from Silversprings
Subdivision). No access will be allowed to McMillan Road; so the final plat may not be
signed until a connection to the noted stub is provided. The applicant should coordinate the
timeframe for such a connection with the adjacent property owner/applicant.
. OR: Obtain access to the site with a connection to the existing stub street extended north from
Havasu Falls (Moon Falls Way). In order to open this connection, the applicant will need to
Exhibit B - Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7,2006
provide a minimum pavement width of 24-feet (within 40-feet of right-of-way), which will
require acquiring access from the adjacent parcel to the easL This is due to the fact that the
stub street from Havasu Falls was originally platted on the property line. Again, no access
will be allowed to McMillan Road, so the applicant should coordinate all access/connections
with the adjacent property owners.
7.1.10 Comply with all Standard Conditions of Approval.
7.2 Standard Conditions of Approval
7.2.1 Any existing irrigation facilities shall be relocated outside ofthe 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
numher) for details.
7.2.5 Comply with the District's Tree Planter Width Interim Policy.
7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building pennit
(or other required pennits), which incorporates any required design changes.
7.2.9 Construction, use and property development shall be in conformance with all applicable
requirements ofthe Ada County Highway District prior to District approval for occupancy.
7.2.10 Payment of applicable road impact fees is required prior to building construction in accordance
with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance.
7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
7.2.13 Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
Exhibit B - Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7,2006
advises the Highway District of its intent to change the planned use of the subj ect property unless
a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
8. Central District Health Department
8.1 After written approval from appropriate entities is submitted, we can approve this proposal for
central sewage and central water.
8.2 The following plans must be submitted to and approved by the Idaho Department of Health &
welfare, Division of Environmental Quality: central sewage and central water.
8.3 Run-off is not to create a mosquito breeding problem.
9. Settlers' Irrigation District
9.1 All irrigation / drainage facilities along with their easements must be protected and continue to
function. The facilities involved are the Starkey Lateral (20' easement) and the Parkins-Nourse
Lateral (20'easement). Contact SID for additional irrigation requirements.
9.2 A Land Use Change Application must be on file prior to any approvals.
9.3 A license agreement MUST be signed and recorded prior to construction of any S.I.D. facilities.
9.4 Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be
approved by Settlers Irrigation District.
9.5 All storm drainage must be retained on-site.
9.6 A pressure irrigation system must be provided to all lots with irrigation water.
Exhibit B - Page 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7,2006
C. Legal Description
Legal Description
Clearsprings Annexation Boundary
A parcel for annexation purposes being located in the N 112 of the NE 1,4 of Section 31, Township
4 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as
follows:
Commencing at a Railroad Spike monument marking the northwest corner of said N 112 of the
NE % (v.. Corner). from which a Brass Cap monument marking the northeast corner of said
Section 31 bears N 89"46'54" E a distance of 2632.45 feet;
Thence N 89046'54" E along the northerly boundary of said N V2 of the NE v.. a distance of
680.77 feet to the POINT OF BEGINNING;;
Thence continuing N 89"46'54" E along said northerly boundary a distance of 340.33 feet to a
point;
Thence leaving said northerly boundary S 0 "06'26" W along the prolongation of and the easterly
boundary of Lot 3 of Crestwood Subdivision NO.1 as shown in Book 28 of Plats on Pages 1757-
1758, Records of Ada County, Idaho, a distance of 664.75 feet to a 5/8 inch diameter iron pin
marking the southeast corner of said Lot 3;
ThenIJe 5 89"35'05" W 1:Ilong lh." southerly boundary of said Crestwoud Subdivision Nu. 1 a
distance of 34.38 feet to a 5/8 inch diameter iron pin;
Thence continuing along said southerly boundary S 89047'33" W a distance of 306.12 feet to a
5/8 inch diameter iron pin marking the southwest corner of said Lot 3;
Thence N 0"07'17" E along the westerly boundary and the prolongation thereof of said Lot 3 a
distance of 664.81 feet to the POINT OF BEGINNING.
This parcel contains 5.20 acres and is subject to any easements existing or in use.
Clinton W. Hansen, PLS
Land Solutions, PC
August 28, 2006
~J'~fj~~:~~ ;~~~IC
~rV~~PROVAL
La11dS'olutlons
~i..nd~na.ndconlullIng
Clearsprings Subdivision
Job No. 06-50
Exhibit C - Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7,2006
CLEARSPRINGS ANNEXATION BOUNDARY
LOCATED IN THE NE 1/4 OF SECTION 31,
T4N, R1 E, 8M, ADA COUNTY, IDAHO.
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Exhibit C - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7,2006
D. Required Findings from Unified Development Code
I. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation
and/or rezone, the Council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive
plan;
The applicant is proposing to zone all ofthe subject property to R-4. Stafffmds that the
proposed zoning map amendment complies with the applicable provisions of the
comprehensive plan. Please see Comprehcnsivc Plan Policies and Goals, Section 8, ofthe
Staff Report.
2. The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
Staff finds that futurc development of this property will comply with the establisht:u
regulations and purpose statement ofthe R-4 zone.
3. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
Staff finds that the proposed zoning amendment will not bt: ut:trimt:ntal 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 determining this finding.
4. The map amendment shall not result in an adverse impact upon the delivery of
services by any political subdivision providing public services within the City
including, but not limited to, school districts; and,
Staff fmds that the proposed zoning amendment will not result in any adverse impact
upon the delivery of services by any political subdivision providing services to this site.
5. The annexation is in the best of interest ofthe City (UDC 11-5B-3.R).
The R-4 zoning amendment will provide lots that are similar in nature to existing
subdivisions in the near vicinity, and transitions well to the existing rural lots in the
vicinity. Staff finds that all essential services are available or will be provided by the
developer to the suhject 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, staff finds that Annexation and Zoning of this property to
RA 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;
Staff finds that the proposed application is in substantial compliance with the adopted
Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, and
Exhibit 0 - Page I
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7,2006
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;
Staff finds that public services are available to accommodate the proposed development.
(See Exhibit B ofthe 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, Staff finds that the subdivision will not require the expenditure of capital
improvement funds.
4. There is public financial capability of supporting services for the proposed
development;
Starr recummends the Cummissiun and Council rely upon comments from the public
service providers (i.e., police, fire, ACHD, etc.) to detennine this finding. (See finding
Items 3 and 4 above under Annexation Findings. and the Conditions of Approval in
Exhibit B for more detail.)
5. The development will not be detrimental to the public health, safety or general
welfare; and
Staff 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.
Staff 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. Staffrecommends 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 major importance of which staff is unaware.
Exhibit D - Page 2
AFFIDAVIT OF POSTING
STATE OF IDAHO )
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oath, depose and say:
I personally posted the subject property with the hearing notice sign for the public hearing for the
Annexation & Zonina. - Cleal'8Drinas Subdivision- ZoninG R-4. Subdivision Preliminarv
Plat. 4.94 ac.. 11 buildino 1018. 2 common lots/oDen sDaceldrainaae lots wnandscaDina.
Dated this I
day of ~~ae/~2006
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John S. Franden, President
Carol A. M!;Kee, 1st Vice Presld~lIt
Dave Bivens, 2nd Vice President
Sherry R. Huber, Commissioner
Rebecca W. Arnold, Commissioner
November 28th 2006
RECEIVE[:,
NOY 2 9 2006
To:
Boyd & Mike Hill
1035 E. McMillan
Meridian, 1083642
City of Meridian
CitY Clerk Office
Representative:
Erickson Civil, Inc.
1854 E. Lanark
Meridian, 1083642
Subject:
Clearsprings Subdivision/M PP-06-054/MAZ-06-056
1035 E. McMillan
12-lot residential
On November 28, 2006 the Ada County Highway District acted on your application for the above
referenced project. The attached report lists site-specific requirements, conditions of approval and
street improvements, which are required.
If you have any questions, please feel free to contact me at (208) 387-6187.
Sincerely, ~ t40~
Andrew Mentzer
Planner I
Right-of-way & Development Services
Ada County Highway District
CC: Project file. Utilities. Construction Services, City of Meridian
Ada County Highway District. 3775 Adams Street. Garden Oty, ID . 83714. PH 208-387-6100 . FX 345-7650. www.achd.ada.id.us
Right-ol-Way & Development Services Department
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Project/File:
Clearsprings/MPP-06-054/MAZ-06-0S6
Lead Agency:
Meridian City
Site address:
1035 E. McMillan Road
Staff Level
Approval:
November 28th 2006
Applicant:
Boyd & Mike Hill
1035 E. McMillan
Meridian, 1083642
Representative:
Erickson Civil, Inc.
1854 E. Lanark
Meridian, 1083642
Staff Contact:
Andrew Mentzer
Phone: 387-6187
E-mail: amentzerlmachd.ada.id.us
November 20th 2006
Tech Review:
Application Information:
Acreage: 4.94
Current Zoning: RUT
Proposed Zoning: R4
Residential Lots: 12
A. Findings of Fact
Existing Conditions
1. Site Information: The site is currently occupied by a rural residential structure.
2. Description of Adjacent Surrounding Area:
Direction Land Use Zoning
North Rural Residential RUT
South Havasu Creek #3 R-4
East Rural Residential RUT
West Proposed Silversprings Subdivision R-4
1 Clearsorinos
3. Existing Roadway Improvements & Right-of-Way
McMillan Road is currently improved with 2 travel lanes, paved shoulders,
and no curb, gutter or sidewalk abutting the site. McMillan Road currently has
62-feet of right-of-way (34-feet from centerline).
4. Existing Access: There are currently two rural approach's accessing the site from McMillan
Road located approximately 32 and 186-feet west of the east property
line.
5. Site History: ACHD has not previously reviewed this site for a development application.
Development Impacts
1.
Trip Generation:
This development is estimated to generate approximately 110 additional
vehicle trips per day (10 existing) based on the Institute of Transportation
Engineers Trip Generation Manual, single family dwelling land use
designation.
2.
Impact Fees:
There will be an impact fee that is assessed and due prior to issuance of any
building permits. The assessed impact fee will be based on the impact fee
ordinance that is in effect at that time.
3.
Traffic Impact Study:
A traffic impact study was not required with this application.
4. Impacted Roadways:
Roadway Frontage Functional Traffic Count Level of Speed
Classification Service* Limit
McMillan 340' Minor Arterial 4,042 east of Better 50 MPH
Road Meridian Rd. on than "C"
02/18/2004
*Acceptable level of service for a 2 lane minor arterial is "0" (14,000 VTD).
5. Capital Improvements Plan/Five Year Work Program
There are currently no roadways, bridges or intersections in the general vicinity of the project that
are currently in the Five Year Work Program. McMillan Road is slated to be widened to 3-lanes in
the Capital Improvements Plan.
B. Findinas for Consideration
1. McMillan Road
Right-of-Way Policy: District policy requires 70-feet of right-of-way on 3-lane arterial roadways
(Figure 72-F1 B). This right-of-way width allows for the construction of a 3-lane roadway with curb,
gutter, 5-foot wide detached sidewalks and bike lanes.
Sidewalk Policy: District policy requires 7-foot wide attached (or 5-foot detached) concrete
sidewalk on all collector roadways and arterial roadways (7204.7.2).
Applicant Proposal: The applicant has proposed to dedicate 35-feet of right-of-way from the
. centerline of McMillan Road; and construct a 5-foot meandering, detached concrete sidewalk
2
Clearsorinas
outside of the right-of-way abutting the site; within an easement. Additionally, the applicant has
proposed to close the two existing driveways intersecting McMillan Road.
Staff Recommendation: The applicant should be required to construct a 5-foot concrete sidewalk
no closer than 38-feet from the centerline of McMillan Road to match improvements to the west (to
be constructed with the proposed Silversprings Subdivision). If the sidewalk is located outside of the
right-of-way, the applicant should provide a sidewalk easement. Any existing driveway access to
McMillan Road should be closed to match improvements; thereby restricting all of the site's access
to the internal streets. The applicant should dedicate either 35-feet or 45-feet of right-of-way from
the centerline of McMillan Road abutting the parcel by means of a warranty deed. A dedication of
35-feet will facilitate roadway improvements noted in the Capital Improvements Plan, leaving the
sidewalk within an easement. The 45-foot right-of-way dedication would facilitate all roadway
improvements, including sidewalk. 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. Allow up to 30 business days to process the right-of-way dedication after receipt of all
requested material. The owner will be paid the fair market value of the right-of-way dedicated which
is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact
fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that
time (currently Ordinance #200), if funds are available.
Note: As a part of the North Meridian Traffic Plan, it was noted that a 3-lane roadway with curb,
gutter, 5-foot concrete detached sidewalks and bike lanes within 70-feet of right-of-way would be
adequate to accommodate the projected traffic volumes on McMillan Road. Due to the fact that the
North Meridian Traffic Plan recommended a 70-foot right-of-way on McMillan Road and the
Commission has supported the recommendations in the past, staff is recommending a total right-of-
way width of 70-feet as opposed to 96-feet of right-of-way (48-feet from centerline).
The Lemp Canal is located on the north side of McMillan Road. This canal is very large in nature
and would be extremely costly to relocate. Any right-of-way on McMillan Road will be acquired
from the south side of McMillan Road in order to allow the canal to remain in its current location. To
be consistent with the District's past action and to remain consistent with the location of McMillan
Road, staff recommends that the applicant dedicate additional right-of-way abutting McMillan Road.
In order to acquire the full required right-of-way abutting McMillan Road between Locust Grove
Road and Meridian Road, the north side of McMillan Road will not dedicate additional right-of-way
and the south side of the roadway will dedicate 45-feet of right-of-way from centerline. This will
provide for a 70-foot right-of-way that is consistent with the recommendations of the North Meridian
Traffic Plan and what has been acquired for other developments on McMillan Road.
Staff recommends that the applicant dedicate the additional right-of-way for McMillan Road in order
to keep the irrigation facilities (the Lemp Canal) outside of the District's right-of-way. Also. the
applicant should close all access to McMillan Road, and any existing access should be relocated to
the internal streets. All access restrictions should be noted on the final plat.
2. Stub Street
Stub Street POlicy: District policy 7203.5.1 states that the street design in a proposed development
shall cause no undue hardship to adjoining property. An adequate and convenient access to
adjoining property for use in future development may be required. If a street ends at the
development boundary, it shall meet the requirements of sub section 7205, "non-continuous
streets," District policy 7205.5 states that stub streets will be required to provide intra-neighborhood
circulation or to provide access to adjoining properties. Stub streets will conform with the
3 Clearsorinas
requirements described in Section 7204.5,7204.6 and 7204.7, except a temporary cul-de-sac will
not be required if the stub street has a length no greater than 150-feet. A sign shall be installed at
the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE."
Applicant Proposal: The applicant has proposed one stub street to the east, E. Copper Ridge
Street, with this application terminating approximately 120-feet north of the south property line. This
street is proposed to be approximately 175-feet in length, meeting the property line at the
intersection/connection with Mooney Falls Way. Mooney Falls Way continues south from this
intersection as a substandard half street section (proposed with approximately 12-feet of pavement)
connecting to the Havasu Creek Subdivision. Additionally, the applicant is proposing to extend E.
Copper Ridge Street to the west, thereby providing a connection to the Silversprings subdivision.
Staff Recommendation: The applicant should be required to construct the stub street to the east,
Copper Ridge Street, approximately 120-feet north of the south property line as a 36-foot street
section with rolled curb, gutter, 8-foot planter strips and a 5-foot detached concrete sidewalk. All
street improvements are proposed to be located within the right-of-way (50-feet), with the exception
of the detached sidewalk which will require a public access easement. This street should be signed
at the terminus as follows: "THIS ROAD WILL BE EXTENDED IN THE FUTURE." This stub street is
approximately 175-feet in length, and would normally require a temporary turnaround until a
connection is made to the east. Due to the limited number of homes fronting on this stub street (4-
homes), and the fact that the drag length to the furthest structure (accounting for side yard
setbacks) will be approximately 150-feet or less, the applicant should not be required to construct a
temporary turnaround for this stub street; unless the City of Meridian or Meridian Fire Department
levy such a requirement. Additionally, the applicant should extend E. Copper Ridge Street to the
west (connecting to the Silversprings Subdivision). See "Internal Streets" for information regarding
the substandard half street extension from Havasu Falls Subdivision.
3. Internal Streets
Right~of~Way Policy: District policy 7204.4.1 and Figure 72-F1A requires 50-feet of right-of-way
on local streets. This right-of-way allows for the construction of a 2-lane roadway with curb, gutter
and 5-foot wide concrete sidewalks.
Tree Planter Policy: The applicant should also comply with the District's Tree Planter Width Interim
Policy which prohibits all trees in planters less than 6-feet in width. In addition to prohibiting trees in
planters less than 6-feet in width, the policy requires a minimum planter width of 6-feet for class II
tress with the installation of root barriers on both sides of the planter strip or a minimum planter
width of 8-feet without the installation of a root barrier. The policy also requires Class I and Class III
trees to provide a minimum planter width of 10-feet.
36-foot Street Section Policy: District policy 7204.4.2 states, "developments with any buildable lot
that is less that 1-acre in size will typically provide streets having a minimum pavement width of 32-
feet with curb, gutter and sidewalks. The total street width shall be 36-feet from back-of-curb to
back-of-curb. Concrete sidewalks shall be a minimum of 5-feet in width unless they are separated
from the curb 5-feet or more in which case the sidewalk shall be a minimum of 4-feet in width.
Roadway Offset Policy: District policy 7204.11.6, requires local roadways to align or offset a
minimum of 30D-feet from an arterial roadway (measured centerline to centerline).
Applicant Proposal: The applicant is proposing to construct the internal streets as 36-foot street
sections with rolled curb, gutter, 8-foot planter strips and 5-foot detached concrete sidewalks. All
roadway improvements are to be located within the right-of-way (50-feet), with the exception of the
detached concrete sidewalk, which will have a public access easement. Additionally, the applicant
is proposing to construct a traditional cul-de-sac turnaround at the terminus of N. Clear Falls Place.
4
Clearsorinas
The applicant is also proposing to extend a half street section to the south (from the intersection
with E. Copper Ridge Street, connecting through to Moon Falls Way in the Havasu Creek
Subdivision.
Staff Recommendation: The applicant's proposals meet District policy and should be approved.
The cul-de-sac turnaround for N. Clear Falls Place should be constructed with a minimum turning
radius of 45-feet. Additionally, the applicant should construct the half street section to the south
with matching improvements to those existing in the Havasu Falls Subdivision, brought to the east
property line (curb, gutter, sidewalk and approximately 12-feet of pavement). Given the fact that the
half street pavement width for Moon Falls Way will be less than 24-feet, a connection may not be
opened for this section until such time that a full local roadway is constructed. A barricade should
be installed at the intersection of Moon Falls Way and E. Copper Ridge Street with signage stating
"THIS ROAD WILL BE EXTENDED IN THE FUTURE."
NOTE: The applicant should EITHER:
. Obtain access from the proposed stub street to the west (extended from Silversprings
Subdivision). No access will be allowed to McMillan Road; so the final plat may not be
signed until a connection to the noted stub is provided. The applicant should coordinate the
timeframe for such a connection with the adjacent property owner/applicant.
. OR: Obtain access to the site with a connection to the existing stub street extended north
from Havasu Falls (Moon Falls Way). In order to open this connection, the applicant will
need to provide a minimum pavement width of 24-feet (within 40-feet of right-of-way), which
will require acquiring access from the adjacent parcel to the east. This is due to the fact that
the stub street from Havasu Falls was originally platted on the property line. Again, no
access will be allowed to McMillan Road, so the applicant should coordinate all
access/connections with the adjacent property owners.
C. Site Specific Conditions of Awroval
1. Construct the site's internal streets as 36-foot street sections with rolled curb, gutter, 8-foot planter
strips and 5-foot detached concrete sidewalks. All roadway improvements are to be located within
the right-of-way (50-feet), with the exception of the detached concrete sidewalk, which should have
a public access easement.
2_ Construct a stub street to the east approximately 120-feet north of the south property line as a 36-
foot street section with rolled curb, gutter, and a 5-foot detached concrete sidewalk. All roadway
improvements should be located within the right-of-way with the exception of the detached sidewalk
which may be in an easement. This street should be signed as follows: "THIS ROAD WILL BE
EXTENDED IN THE FUTURE."
3. Construct a 5-foot concrete sidewalk no closer than 38-feet from the centerline of McMillan Road to
match improvements to the west (Silversprings Subdivision). If the sidewalk is located outside of the
right-of-way, the applicant should provide a sidewalk easement.
4. Dedicate either 35-feet or 45-feet of right-of-way from the centerline of McMillan Road abutting the
parcel by means of a warranty deed. A dedication of 35-feet will facilitate roadway improvements
noted in the Capital Improvements Plan, leaving the sidewalk within an easement. The 45-foot right-
of-way dedication would facilitate all roadway improvements, including sidewalk.
5. Construct the half street section to the south with matching improvements to those existing in the
Havasu Falls Subdivision. Given the fact that the half street pavement width for Moon Falls Way will
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be less than 24-feet, a connection may not be opened for this section until such time that a full local
roadway is constructed. A barricade should be installed at the intersection of Moon Falls Way and
E Copper Ridge Street with signage stating "THIS ROAD WILL BE EXTENDED IN THE FUTURE."
6. Obtain fire department approval to not provide a temporary turnaround at the eastern terminus of E.
Copper Ridge Street (stubbing to the property line).
7. Construct the traditional cul-de-sac turnaround at the terminus of N. Clearsprings Place with a
minimum turning radius of 45-feet.
8. Any existing driveway access to McMillan Road should be relocated to the internal streets; thereby
restricting all access to McMillan Road. A notation of all access restrictions should be made on the
final plat.
9. The applicant should EITHER:
· Obtain access from the proposed stub street to the west (extended from Silversprings Subdivision).
No access will be allowed to McMillan Road; so the final plat may not be signed until a connection
to the noted stub is provided. The applicant should coordinate the timeframe for such a connection
with the adjacent property owner/applicant.
· OR: Obtain access to the site with a connection to the existing stub street extended north from
Havasu Falls (Moon Falls Way). In order to open this connection, the applicant will need to provide
a minimum pavement width of 24-feet (within 40-feet of right-of-way), which will require acquiring
access from the adjacent parcel to the east. This is due to the fact that the stub street from Havasu
Falls was originally platted on the property line. Again, no access will be allowed to McMillan Road,
so the applicant should coordinate all access/connections with the adjacent property owners.
10. Comply with all Standard Conditions of Approval.
D. Standard Conditions of Awroval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of-way.
3. All utility relocation costs associated with improving street frontages abutting the site shall be borne
by the developer.
4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
5. Comply with the District's Tree Planter Width Interim Policy.
6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by
the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details.
7. All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State
of Idaho shall prepare and certify all improvement plans.
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8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or
other required permits), which incorporates any required design changes.
9. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
10. Payment of applicable road impact fees are required prior to building construction in accordance
with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance.
11. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant
shall be required to call DIGLlNE (1-800-342-1585) at least two full business days prior to breaking
ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in
the event any ACHD conduits (spare or filled) are compromised during any phase of construction.
12. No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
13. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subject 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.
E. Conclusions of Law
1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval
are satisfied.
2. ACHD requirements are intended to assure that the proposed use/development will not place an
undue burden on the existing vehicular transportation system within the vicinity impacted by the
proposed development.
Attachments
1. Vicinity Map
2. Site Plan
3. Appeal Guidelines
4. Development Process Checklist
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8
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Request for Appeal of Staff Decision
1. Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the
final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did not
properly apply this section 7101.6, did not consider all of the relevant facts presented, made an
error of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or
enforcement of the ACHD Policy Manual.
a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged
the applicant for the processing of appeals, to cover administrative costs.
b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the
Secretary of Highway Systems, which must be filed within ten (10) working days from
the date of the decision that is the subject of the appeal. The notice of appeal shall refer
to the decision being appealed, identify the appellant by name, address and telephone
number and state the grounds for the appeal. The grounds shall include a written
summary of the provisions of the pOlicy relevant to the appeal and/or the facts and law
relied upon and shall include a written argument in support of the appeal. The
Commission shall not consider a notice of appeal that does not comply with the
provisions of this subsection.
c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the date of
the filing of the notice of appeal to reply to the notice of the appeal, and may during such
time meet with the appellant to discuss the matter, and may also consider and/or modify
the decision that is being appealed. A copy of the reply, and any modifications to the
decision being appealed will be provided to the appellant prior to the Commission
hearing on the appeal.
d. Notice of Hearing: Unless othelWise agreed to by the appellant, the hearing of the
appeal will be noticed and scheduled on the Commission agenda at a regular meeting to
be held within thirty (30) days following the delivery to the appellant of the ROWDS
Manager's reply to the notice of appeal. A copy of the decision being appealed, the
notice of appeal and the reply shall be delivered to the Commission at least one (1)
week prior to the hearing.
e. Action by Commission: Following the hearing, the Commission shall either affirm or
reverse, in whole or part, or othelWise modify, amend or supplement the decision being
appealed. as such action is adequately supported by the law and evidence presented at
the hearing.
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II
Development Process Checklist
II
~Submit a development application to a City or to the County
~The City or the County will transmit the development application to ACHD
I8IThe ACHD Planning Review Division will receive the development application to review
~The Planning Review Division will do one of the following:
DSend a "No Review" letter to the applicant stating that there are no site specific requirements at this time.
OSend a "Comply With" letter to the applicant stating that if the development is within a platted subdivision or part
of a previous development application and that the site specific requirements from the previous development also
apply to this development application.
~Write a Staff Level report analyzing the impacts of the development on the transportation system and evaluating
the proposal for its conformance to District Policy.
DWrite a Commission Level report analyzing the impacts of the development on the transportation system and
evaluating the proposal for its conformance to District Policy.
DThe Planning Review Division will hold a Technical Review meeting for all Staff and Commission Level reports.
DFor ALL development applications, including thOse receiving a "No Review" or "Comply With" letter:
· The applicant should submit two (2) sets of engineered plans directly to ACHD for review by the Development
Review Division for plan review and assessment of impact fees. (Note: if there are no site improvements required
by ACHD, then architectural plans may be submitted for purposes of impact fee calculation.)
· The applicant is required to get a permit from Construction Services (ACHD) for ANY work in the right-of-way,
including, but not limited to, driveway approaches, street improvements and utility cuts.
DPay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval.
DID YOU REMEMBER:
Construction (Zone)
o Driveway or Property Approach(s)
· Submit a "Driveway Approach Request" form to Ada County Highway District (ACHD) Construction (for approval by
Development Services & Traffic Services). There is a one week turnaround for this approval.
o Working in the ACHD Right-of-Way
· Four business days prior to starting work have a bonded contractor submit a "Temporary Highway Use Permit Application"
to ACHD Construction - Permits along with:
a) Traffic Control Plan
b) An Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, if trench is >50' or you are
placing >600 sf of concrete or asphalt.
Construction (Subdivisions)
o Sediment & Erosion Submittal
· At least one week prior to setting up a Pre-Con an Erosion & Sediment Control Narrative & Plat, done by a Certified Plan
Designer, must be turned into ACHD Construction - Subdivision to be reviewed and approved by the ACHD Drainage
Division.
o Idaho Power Company
· Vic Steelman at Idaho Power must have his IPea approved set of subdivision utility plans prior to Pre-Con being
scheduled.
o Final Approval from Development Services
ACHD Construction - Subdivision must have received approval from Development Services prior to scheduling a Pre-Con.
11
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