HomeMy WebLinkAbout1/4 Staff Comments
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007
SUBJECT:
City Of Meridian
City Clerk Office
STAFF REPORT
TO:
FROM:
Waverly Place Subdivision
. AZ-06-047
Annexation and Zoning of 5.3 acres from RUT (Ada County) to L-O zone
. PP-06-049
Preliminary Plat of 6 multi-family residential building lots, I clubhouse
building lot, and 3 common lots on 5.3 acres in a proposed L-O zone
. CUP-06-030
Conditional Use Permit approval for 24 multi-family dwelling units (6 four-
plexes) in a proposed L-O zone
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Vacation Village Villas, LLC, has applied for Annexation and Zoning (AZ) of 5.3 acres
from RUT (Ada County) to L-O (Limited Office); Preliminary Plat approval of 6 multi-family residential
building lots, I clubhouse building lot, and 3 common area lots; and Conditional Use Permit approval for
24 multi-family residential dwelling units (6 four-plexes) in a proposed L-O zone. This site currently
contains one home, which is proposed to be removed. This property was previously platted in Ada
County as Lot 6, Block 1, of Magic View Subdivision. This site is within the City's Urban Service
Planning Area and our Area of Impact.
2. SUMMARY RECOMMENDATION
The subject applications (AZ, PP, CUP) were submitted to the Planning Department for concurrent
review. Below, staff has provided a detailed analysis for the requested Annexation and Zoning,
Preliminary Plat, and Conditional Use Permit applications. Staff recommended denial of the proposed
Waverly Place Subdivision (AZ-06-047, PP-06-049, CUP-06-030) for the reasons listed in the Analysis
of the Staff Report and the required Findings in Exhibit D. However, at the hearing on November 2,2006,
the Commission requested Staff to prepare fmdings and conditions of approval.
At the Plannin!! & Zonin!! Commission meetin!! on November 2. 2006. the Commission
recommended that this proiect be continued until January 4. 2007 in order for Staff to prepare
Findin!!s and Conditions of Approval. The oril!inal staff report did not contain Conditions of
Approval since Staff was recommendin!! denial of the proiect. Staff has now included Conditions of
approval in Exhibit A and revised Findin!!s in Exhibit C. Staff has amended some of the Analysis.
Findin!!s and Conditions in the revised report to reflect the Commissions direction. The substantial
updates/chao!!es to the staff report have been underlined. NOTE: Most of Staff's previous analysis
has remained consistent with the ori!!inal recommendation for denial.
3. PROPOSED MOTIONS
Approval
After considering all staff, applicant and public testimony, I move to recommend approval to the
City Council of File Numbers AZ-06-047, PP-06-049, & CUP-06-030 as presented in the staff
report for the hearing date of January 4,2007, with the following modifications to the conditions
Waverly Place Subdivision AZ-06-47, PP-06-049, CUP-06-030
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CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4, 2007
of approval: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to recommend denial to the
City Council of File Numbers AZ-06-047, PP-06-049, and CUP-06-030 as presented in the staff
report for the hearing date of January 4,2007.
Continuance
After considering all Staff, Applicant and Public testimony, I move to continue the public
hearing for File Numbers AZ-06-047, PP-06-049, and CUP-06-030 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:
2510 W. Magic View Court
Section 17, T.3N., R.IE.
b. Owners:
Vacation Village Villas, LLC
719 West Oakhampton
Eagle, ill 83616
c. Applicant:
Same as owner
d. Representative: Becky McKay, Engineering Solutions, LLP
e. Present Zoning: RUT (Ada County)
f. Present Comprehensive Plan Designation: Office
g. Description of Applicant's Request: The applicant is requesting approval of annexation and
zoning of 5.3 acres from RUT (Ada County) to L-O with a preliminary plat for 6 multi-family
residential lots and 3 common area lots, including a clubhouse lot, and conditional use permit
approval for a multi-family development consisting of 6 four-plexes (24 units) in an L-O zone.
1. Date of Preliminary Plat (attached as Exhibit A2): October 3,2006
2. Date of Landscape Plan (attached as Exhibit A3): October 2,2006
3. Date of CUP Site Plan (attached as Exhibit A4): July 12, 2006
4. Date of Elevations (attached as Exhibit A5): July 12, 2006
5. PROCESS FACTS
a. The subject application will in fact constitute an annexation and rezone as determined by City
Ordinance. By reason of the provisions of UDC 11-5B-6, a public hearing is required before
the Commission and 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 of UDC 11-5B-6, a public hearing is required before
the Commission and City Council on this matter.
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CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4, 2007
c. The subject application will in fact constitute a conditional use as determined by City
Ordinance. By reason of the provisions ofthe Unified Development Code Title 11 Chapter 5
Article B Section 6, a public hearing is required before the Commission and City Council on
this matter.
d. Newspaper notifications published on: October 16th and October 30th, 2006
e. Radius notices mailed to properties within 300 feet on: October 6th, 2006
f. Applicant posted notice on site by: October 21 S\ 2006
6. LAND USE
a. Existing Land Use(s): Existing rural residence and associated land.
b. Description of Character of Surrounding Area: A mix of single family residential,
vacant/agricuhuralland, and office/commercial developments to the east and south (near Eagle
Road and Interstate 84).
c. Adjacent Land Use and Zoning
1. North: Single-family residences, Greenhill Estates Subdivision, zoned RI (Ada
County).
2. East: Existing rural residence on 5-acres, zoned RUT (Ada County).
3. South: Existing rural residence on 5-acres, zoned RUT (Ada County).
4. West: Single-family residences, Woodbridge Subdivision, zoned R-4.
d. History of Previous Actions: Platted as Lot 6 of the Amended Magic View Subdivision in
1983.
e. Existing Constraints and Opportunities:
1. Public Works
Location of sewer: There is currently sewer installed in E. Magic View Drive
Location of water: There is currently water installed in E. Magic View Drive
Issues or concerns: Abandonment of existing mains stubbed to this property that
are not being extended.
2. Vegetation: Mature trees around the existing home.
3. Floodplain: NA
4. Canal sID itches/Irrigation: Staff is unaware of any ditches on this site. However any
& all ditches on this site must be tiled.
5. Hazards: None.
6. Proposed Zoning: L-O
7. Size of Property: 5.3 acres
f. Subdivision Plat Information
1. Residential Lots: 6
2. Non-residential Lots: 1 (for clubhouse)
3. Total Building Lots: 7
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007
4. Common Lots: 3 (including clubhouse lot)
5. Other Lots: N/A
6. Total Lots: 9
7. Open Lots: N/A
8. Residential Area: 5.3 acres
9. Gross Density: 5.1 units per acre (6.4 net density)
g. Landscaping
1. Width of street buffer(s): A lO~foot wide landscaped street buffer is required along E.
Magic View Drive and along the local public streets proposed within the development
per UDC 11-2B-3.
2. Width ofbuffer(s) between land uses: A 20-foot wide landscape buffer is required
along the west, north, and east property boundaries adjacent to existing residential
uses per UDC 11-2B-3.
3. Percentage of site as open space: 16.36% or 0.765 acres
4. Other landscaping standards: Common open space lots should include at least one
deciduous shade tree per 8,000 square feet (UDC Il-3G-3E2). Landscaping installed
within the required street buffer along E. Magic View Drive and the local public
streets within the development shall comply with the standards listed in UDC 11-3B-
7, Landscape Buffers Along Streets. The required buffer adjacent to existing
residential land uses along the west, north, and east property boundaries shall comply
with the standards listed in UDC 11-3B-9C Landscape Buffers to Adjoining Uses.
h. Proposed and Required Dimensional Standards per the L-O zone*:
Proposed Required
Front setback (from ultimate right-of-way) 20 20
Rear setback 20 20
Interior side setback 10 10
Maximum Building Height 35 35
-Applicant states that the max. bldg. height will only be 35' but the application form shows 40 '. The
proposed zoning allows a maximum building height of 35 '; 40' is not approved
Maximum building size without design standard approval 10,000 square feet
* No changes to the dimensional standards in UDe Table 11-2B-3 were requested
and none are approved.
i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to
the development will be provided from E. Magic View Drive, a public street, which currently
exists to the east and west of the southern boundary of the site. The unimproved area on the
southern boundary of this site in between the existing sections ofE. Magic View Drive is
currently within a 50-foot wide easement that grants general public use over the easement. The
applicant is proposing to dedicate the entire 50 foot right-of-way required for this section of
Magic View Drive by platting over the easement. The applicant has applied for approval of
four internal public streets to serve the multi-family units within the development. Curb,
gutter, and sidewalk is required along both sides of the internal public streets and along the
north side ofE. Magic View Drive. Please see ACHD report for details. Two 20-foot wide
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4, 2007
private streets are proposed to extend from the internal public streets for access to the units
located on Lots 3 & 5. The applicant needs to submit an application for the private streets.
Said private streets should be constructed in accordance with the UDC standards (see Analysis
below).
7. COMMENTS MEETING
On October 13, 2006 Planning Staff held an agency comments meeting. The agencies and departments
present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, and
Meridian Public Works Department. Staff has included all comments and recommended actions as
Conditions of Approval in the attached Exhibit B.
8. COMPREHENSIVE PLAN ANALYSIS
This property is designated "Office" on the Comprehensive Plan Future Land Use Map. Per the
Comprehensive Plan (page 106), the Office land use designation is described as follows:
"This designation will provide opportunities for low-impact business areas. These would include
offices, technology and resource centers; ancillary commercial uses may be considered
(particularly within research and development centers or technological parks). Additionally, as
noted in the Residential districts section of the Comprehensiye Plan, light office uses may be
appropriate in limited circumstances and at the discretion of City Council."
The residential section (page 101) that the previous underlined text refers to reads as follows:
"At the discretion of City Council, areas with a Residential Comprehensive Plan designation may
request office uses if the property has frontage on an arterial street or section line road and is
3 acres or less in size. In this instance, no ancillary commercial uses shall be permitted."
Staff believes that the applicant has interpreted the underlined portion of the above text to mean that
office uses may be appropriate in limited circumstances in residential zones, and that residential uses
would also be appropriate for property with an office designation. Staff disagrees with this interpretation
and asserts that the intent of this underlined portion was to state that other office areas/zoning may be
allowed in residentially designated areas, at the discretion of the Council, not that residential areas/zoning
may be allowed in office designated areas. Further, the intent was to allow the redevelopment of
properties designated "Public/Quasi-Public," so long as the proposed use(s) are compatible with adjacent
zoning districts. Such a request was only intended to be an option upon redevelopment of the subject
property. The intent of the Amendment was not to change what is allowed in areas with a Comprehensive
Plan designation of "Office." Staff believes that only commercial uses should be allowed in areas
designated as office on the Comprehensive Plan Future Land Use Map, unless the zoning is already in
place. Even if the applicant's interpretation were accurate, which Staff maintains is not the intent of the
last sentence ofthe Office defmition, this property is designated "office," not "residential," is greater than
3 acres in size, and does not have frontage on an arterial or section line road. Further, the Planning &
Zoning Commission recently acted on a Comprehensive Plan Text Amendment that clarifies the intent of
the "Office" definition.
With that being said, UDC 11-2B-2 currently lists multi-family developments as a conditional use in the
L-O zone. However, in order to be eligible to apply for a conditional use permit for multi-family, the
property would need to already be zoned L-O, and again, the Comprehensive Plan text does not support
residential uses on property with an office designation, only those already zoned L-O. Staff believes that
when property is annexed into the City, it is appropriate to have the requested zoning designation closely
match the requested land use (please see the Purpose Statement of Zone in Section 9 below). Otherwise,
as was the case with the previous Zoning Ordinance and land use exceptions, the zoning map becomes an
inaccurate depiction of what land uses are actually allowed for individual properties. Following this train
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007
of thought, the applicant should be requesting R.8 or R-15 zoning to coincide with the proposed multi-
family development; both R-8 and R-15 districts are inconsistent with the Future Land Use Map.
9. ZONING ORDINANCE
a. Zoning Schedule of Use Control: UDC 11-2B-2 lists multifamily developments as a
Conditional Use in the L-O zone.
b. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the
retail and sefllice needs of the community in accord with the Meridian Comprehensive Plan.
Four Districts are designated which differ in the size and scale of commercial structures
accommodated in the district, the scale and mix of allowed commercial uses, and the location
of the district in proximity to streets and highways. (NOTE: There is no mention of the
commercial districts providing for the residential needs of the community.)
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
ANNEXATION/REZONE ANALYSIS: Based on the "office" designation on the
Comprehensive Plan Future Land Use Map and the text noted above on page 106 detailing the
type of development encouraged within this land use category, Staff believes that annexing the
subject property and rezoning it to L-O for the purpose of constructing a multi-family residential
development does not comply with the desired future land use on this property. Staff believes that
the proposed zoning of L-O is appropriate for this site, but that the land use associated with the
development of this site (multi-family) is not appropriate. Please see the Comprehensive Plan
analysis above in Section 8 and Exhibit D for a detailed analysis of the required facts and findings
for annexation.
The annexation legal description submitted with the application (prepared on February 17, 2006
by D. Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary of
the City of Meridian.
PRELIMINARY PLAT ANALYSIS: Staff believes if the following conditions are met that the
preliminary plat and landscape plan will meet the minimum requirements of the UDC. Staff
believes that the design of the plat is in general conformance with the UDC. However, Staff
believes that this is the wrong site for this development. Staff is providing this analysis, should
the Commission and Council find that approval of the development is in the best interest of the
City.
1. Landscaping: The applicant is proposing to set aside 0.765 acre (16.36% of the
property) for open space which will include a 2,000 square foot clubhouse for the use of
the residents. The plan appears to meet the open space requirements stated in UDC 11-4-
3.27C. Staffis supportive of the design and amenities of the proposed open space.
Detached sidewalks with curb and gutter are proposed within the development adjacent to
the public streets with trees planted within the parkways on Lots 1-7, Block 1. Attached
sidewalks with curb and gutter are proposed adjacent to the public streets on Lot 1, Block
2 and along the north side of E. Magic View Drive. Staff is supportive of this design.
A 20-foot wide landscape buffer is required per UDC 11-2B-3 along the west, north, and
east property boundaries adjacent to the existing single-family residential uses and shall
comply with the standards listed in UDC 11-3B-9. Additional trees are required in these
buffers to result in a barrier that allows trees to touch at the time of tree maturity.
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007
A 10-foot wide landscape street buffer is required along E. Magic View Drive and the
local public streets within the development per UDC 11-3B-7B. Trees are required at one
per 35 lineal feet within the street buffer. Fencing is prohibited within this buffer but may
be allowed at the interior edge of the buffer. All street buffers shall be located within a
common lot, maintained by the homeowners owners association per UDC 11-3B-7C2.
All landscaping must comply with UDC 11-3B: Landscaping Requirements.
All drainage areas must comply with UDC 11-3B-II and shall be designed to free-drain
with no standing water within 24 hours of the completion of a storm event.
Mitigation shall be required for all existing trees that are 4-inch caliper or greater that are
removed from the site in accordance with UDC 11-3BlO. Submit mitigation information
for any of the existing trees on site that are remoyed that are not exempt per UDC 11-
3BlOC5b on the landscape plan submitted with the fmal plat application.
2. Common Areas~ Maintenance of all common areas shall be the responsibility of the
Waverly Place Home Owners' Association.
3. Priyate Streets: Originally, the applicant proposed common driveways within this
project. As shown, the driyes did not meet the requirements of a common drive listed in
UDC 11-6C-3D. Staff had concerns with this proposal as more than 4 units would be
taking access from the common driveways. The UDC requires all properties that abut a
common drive to take access from the common drive. Since the previous hearing, the
applicant has amended the plat to show private streets instead of common driveways. The
units on Lots 3 & 5, Block 1 are now proposed to take access from private streets within
separate common lots that extend from the public street system within the development If
these accesses are proposed to be private streets, the applicant shall comply with UDC
11-3F Private Street Requirements and submit a Private Street application. Currently,
these access drives do not meet the UDC requirements for common drives or private
streets. The design and construction standards listed for Private Streets in UDC 11-3F-4
are as follows:
A. Design standards:
1. Easement: The private street shall be constructed on a perpetual
ingress/egress easement or a single platted lot that provides access to all
applicable properties.
2. Connection point: Where the point of connection of the private street is to a
public street, the private street shall be approved by the Transportation
Authority.
3. Emergency vehicle: The private street shall provide sufficient maneuvering
area for emergency vehicles as determined and approved by the Meridian
Fire Department.
4. Gates: Gates or other obstacles shall not be allowed.
B. Construction standards:
1. For conversion of an existing facility to a private street at the direction of the
Fire Marshal:
a. All drive aisles shall be posted as fire lanes with no parking allowed.
b. If a curb exists next to the drive aisle, it shall be painted red.
2. For all other private streets:
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007
a. Roadway and storm drainage: The private street shall be constructed in
accord with the roadway and storm drainage standards of the
Transportation Authority or as approved by the City of Meridian based
on plans submitted by a certified engineer.
b. Street width: The private street shall be constructed within the easement
and shall have a travel lane width of twenty. four (24) feet or twenty-six
(26) feet as determined by the Fire Marshal relative to the height and size
of the proposed structures that adjoin the private street.
c. Sidewalks: A five-foot (5') attached sidewalk or four-foot (4') detached
sidewalk shall be provided on one side of the street in commercial
districts. This requirement may be waived if the applicant can
demonstrate that an alternative pedestrian path exists.
d. Fire lanes: all drive aisles shall be posted as fire lanes with no parking
allowed. In addition, if a curb exists next to the drive aisle, it shall be
painted red.
4. 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.
5. Fencing: A 6-foot tall vinyl fence is shown along the west, north, and east boundaries of
the subdivision on the landscape plan A 3-foot tall wrought iron fence with stucco
pilasters is shown along the south boundary adjacent to E. Magic View Drive; this fence
must be constructed on or beyond the interior edge of the street buffer. Fencing details
shall be submitted on the landscape plan with the final plat application. Perimeter fencing
must be installed prior to issuance of building permits. All fences should taper down to 3
feet maximum within 20 feet of all right-of-way. All fencing should be installed in
accordance with UDC 11-3A-7.
6. Magic View Drive: The applicant will be required to vacate or improve the northern
portion of the unopened right-of-way of the current cul-de-sac ofE. Magic View Drive at
the southeast property line as the cul-de-sac will no longer be needed if E. Magic View
Drive is extended to connect to the stub in Woodbridge Subdivision.
7. Sidewalks: Sidewalks are required and shall be constructed along both sides of the
internal streets and along the north side of E. Magic View Drive in accordance with UDC
11-3A-17.
8. Stub Streets: There is an existing stub street from Greenhill Estates Subdivision that
borders the subject property at the northeast boundary. In the future, when this roadway
stub is extended, it will lie directly adjacent to Lot 5, Block 1. Staff believes the proposed
layout does not account for this future roadway extension and creates an inefficient use of
the land, and near double-fronted lots. Staff recommends the design of this site should
account for the future stub street extension by providing some connectivity, a pedestrian
and/or street connection, and/or orienting some of the buildings along the east property
line differently.
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UPDATE: The applicant submitted a letter dated December 15. 2006 statio!! that
the recorded plat for Greenhill Estates Subdivision No.2 delineates a 50-foot wide
stub street (Hickory Way) alone the north boundary of Mal!ic View Subdivision.
However. the stub street does not physically exist: it is unimproved/unopened rieht-
of-way. There are landscape improvements within the rieht-of-way. The applicant
does not belieye it is reasonable to belieye that the stub street will be extended into
the site. iust east of the subiect property. Eyen thoueh the ri!!ht-of-way is currently
unimproved. the city's policy (as well as ACHD's) reeardine stub streets is that they
should be extended. Staff continues to belieye that the extension of Hickorv Way in
the future should happen. However. this discussion should occur when the adiacent
5~acre parcel develops. Until that time. staff recommends that the Commission and
Council evaluate how this proiect will function if a public street is built iust to the
east.
9. Dimensional Requirements of the L-O Zone: The maximum building height for the
proposed buildings for this site is listed on the application form as 40 feet; however, the
applicant states that the maximum building height will only be 35 feet per requirement of
the zone. Per the L-O zone, the maximum building height allowed shall be 35 feet. The
proposed development appears to meet all of the other minimum and maximum
dimensional standards required in the L-O zone.
10. Ditches, Laterals, and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or
canals, exclusive of natural waterways and waterways being used as amenities, that
intersect, cross or lie within the area being subdivided shall be covered.
CONDITIONAL USE PERMIT ANALYSIS:
1. Multifamily Standards: UDC 11-4-3.27B:
a. Setbacks: Buildings shall provide a minimum setback of 10 feet, un:1ess a
greater setback is otherwise required by the UDC. The building envelopes shown
on the site plan appear to meet the minimum setback requirements stated.
However, as mentioned in the Preliminary Plat Analysis, Landscaping, above, a
20-foot wide land use buffer is required to adjacent residential districts. This
impacts the proposed building locations on this site.
The applicant submitted a letter dated December 15. 2006. that states that
the site plan has been modified to include a 20-foot wide landscape buffer on
the west. north. and east boundary of the subdivision. Staff is supportive of
this proposal.
b. Service areas: On-site service areas, outdoor storage areas, waste storage,
disposal facilities, and transformer or utility vaults shall be fully screened from
view from any public street. The site plan does not show trash receptacles. The
applicant should include this information on a revised site plan and obtain
approval from Sanitary Service Company for location of any dumpsters.
The applicant submitted a letter dated December 15. 2006. that states that
three trash enclosure locations have been added to the site plan. subiect to
approyal bv Sanitary Service Company.
c. Private, usable open space: A minimum of 80 square feet of private, usable
open space shall be provided for each unit. This requirement can be satisfied
through porches, patios, decks, and/or enclosed yards. Landscaping, entryway
and other access ways shall not count toward this requirement. Staff does not
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007
have adequate itiformation to determine if the project complies with this standard
as submitted. The applicant should clarify at the hearing if the proposed
development meets the minimum amount of open space required.
The applicant clarified at the hearine that a minimum of 80 square feet of
priyate usable open space will be provided for each unit. The applicant also
submitted a floor plan that shows either a covered courtyard or a covered
patio for each unit.
d. Developments with 20 units or more shall provide the following: A property
management office, a maintenance storage area, a central mailbox location, and a
directory and map of the development at a convenient location. This
development does contain more than 20 units; however, the applicant has not
shown any of the afore-mentioned items on the site plan.
The applicant submitted a letter dated December 15. 2006 statine that a
propertv manal!ement office. maintenance storal!e area and central mailbox
will be located within the clubhouse and will be included on the site plan.
e. Coyered Parking: UDC 11-3C.6 requires that multifamily developments shall
provide parking as follows: for 1 bedroom units, there shall be two parking
spaces with one in a covered carport or garage; and for units with more than
one bedroom, 2 parking spaces shall be provided in a covered carport or
garage. The applicant has not specifically proposed any covered parking;
however the submitted floor plans show garages on the multifamily buildings.
Staff is unsure if the garages contain 1 or the required 2 parking !!.paces per
unit; the applicant shall clarify this at the hearing.
The applicant clarified at the public hearinl! that the earaees for each unit
will contain the required 2 parkine spaces.
f. Amenities: UDC 11-4-3.27 requires that multi-family developments between 20
and 75 units provide 3 amenities from separate categories (i.e. quality of life,
open space, or recreation). The project complies with this standard as submitted,
by providing the following qualifying amenities: 1. walking trails (recreation), 2.
grassy area of at least fifty feet by one hundred feet in size (open space), 3.
clubhouse with a fitness room (quality of life), and 4. children's play structures
(recreation).
2. Open Space: Common open space for the development shall meet the requirements of
UDC 11-4-3.27C which requires that open space be provided at the following rates: 150
square feet for each unit containing 500 square feet or less of living space; 250 square
feet for each unit containing more than 500 square feet and up to 1,200 square feet of
living space; and 350 square feet for each unit containing more than 1,200 square
feet of living space. Eligible common space shall not be less than 400 square feet in area
and shall have a minimum length and width of 20 feet. Eligible common space shall not
be adjacent to collector or arterial streets unless separated from the street by a constructed
barrier at lest four feet in height. The project appears to comply with this standard.
3. Landscaping: Landscaping for this development shall meet the minimum requirements
of UDC 11-3 Regulations Applying to all Districts, and the multi-family development
landscaping requirements ofUDC 11-4-3.27.
4. Refuse Areas: The site plan submitted with the application does not show dumpster
locations. The applicant should coordinate with the Sanitary Services Company (SSe) for
Waverly Place Subdivision AZ-06-47, PP-06-049, CUP-06-030
PAGE 10
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4, 2007
approval of all dumpster locations. All proposed refuse areas shall be located in an area
not visible from a public street, or shall be fully screened from view from a public street
per UDC 11-4-3.27. If the units are pulling their refuse to the curb, SSC will not use
private streets or common drives for access. Therefore, a pad should be constructed for
these areas, along the public street.
The applicant submitted a letter dated December 15. 2006. that states that three
trash enclosure locations have been added to the site plan. subiect to approval by
Sanitarv Service Company.
5. Multi-family Building Size: Ifthe overall building size of the multi-family units exceeds
10,000 square feet, the structures will be subject to the design standards in UDC 11-3A-
19. Staff does not have the square footage of each of the buildings. However, the
elevations submitted appear to meet the design standards, which are very similar to those
required with multi-family developments, if the buildings exceed the above noted size.
The applicant submitted a letter dated December 15. 2006. clarifyinl! that none of
the proposed buildinl!s will exceed 10.000 square feet.
6. Elevations: Scaleable or dimensioned building elevations for the development are
required showing construction materials. Elevations are required to meet the architectural
standards set forth in UDC 11-4-3.27E. The elevations appear to comply with the
architectural standards. If approved, full compliance with the elevation requirements
cited above, and the elevations submitted with the subject CUP, will be required with the
future issuance ofCZC's on this site.
7. Certificate of Zoning Compliance: A Certificate of Zoning Compliance (CZC) is
required prior to issuance of building permits for the multi-family and clubhouse
buildings proposed within this development. The multi-family units may be combined in
one CZC or submitted separately for approval.
b. Staff Recommendation: Staff recommends denial of the subject applications, AZ-06-047, PP-06-
049, and CUP-06-030 based on the comments stated in the staff report regarding compliance with
the Comprehensive Plan and the Findings of Fact as listed in Exhibit D.
At the Planninl! & Zoninl! Commission meetine: on November 2. 2006. the Commission
recommended that this proiect be continued until Januarv 4. 2007 in order for Staff to
prepare Findinl!s and Conditions of Approval. The oril!inal staff report did not contain
Conditions of Approval since Staff was recommendin2 denial of the proiect. Staff has
included Conditions of aprroval in Exhibit A and reyised Findinl!s in Exhibit C within the
staff report for January 4t . .
11. EXHffiITS
A. Drawings
1. Vicinity Map
2. Preliminary Plat (dated: October 3, 2006)
3. Landscape Plan (dated: October 2,2006)
4. Site Plan (dated: July 12, 2006)
5. Elevations (dated: July 12,2006)
B. Conditions of Approval
1. Planning Department
Waverly Place Subdivision AZ-06-47, PP-06-049, CUP-06-030
PAGE II
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
8. Idaho Power Company
C. Legal Description & Exhibit Map
D. Required Findings from Unified Development Code
1. Annexation Findings
2. Preliminary Plat Findings
3. Conditional Use Permit Findings
Waverly Place Subdivision AZ-06-47, PP-06.049, CUP-06-030
PAGE 12
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007
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Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 None Staff is ree0l.:nm.efldiflg deaial (If the proj ect.
1.1 ANNEXATION AND ZONING COMMENTS (AZ-06-047)
1.1.1. The annexation legal description submitted with the application (prepared on February 17, 2006
by D. Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary of
the City of Meridian.
1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT (PP-06-049)
1.2.1 The preliminary plat labeled as Sheet 1 of 1, prepared by Engineering Solutions, LLP, dated
October 3, 2006 is not approved. At least 10 days prior to the City Council hearing, the applicant
shall submit 10 full-size copies, one 8.5" x II" copy andjpg and pdf copies ofa revised
preliminary plat that reflect the conditions noted in herein. All comments and conditions of the
accompanying Annexation and Zoning (AZ-06~047) and Conditional Use Permit (CUP-06-030)
applications shall also be considered conditions of the Preliminary Plat (PP-06-049).
1.2.2 The landscape plan prepared by Glancey Rockwell & Associates, on October 2, 2006, labeled
Sheet #LSp I is approved with the following modifications/notes:
a. Per UDC 11-2B-3, provide a 20~foot wide landscape buffer along the west, north, and
east property boundaries adjacent to the existing single-family residential uses in
compliance with the standards listed in UDC 11-3B-9C, Landscape Buffers to Adjoining
Uses.
b. A lO-foot wide landscape street buffer is required along E. Magic View Drive and the
local public streets within the development per UDC 11-3B-7B. Trees are required at one
per 35 lineal feet within the street buffer. Fencing is prohibited within this buffer but may
be allowed at the interior edge of the buffer. All landscaping must comply with UDC 11-
3B: Landscaping Requirements.
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 preceding modifications and notes should be shown on a revised landscape
plan submitted with the final plat application(s).
1.2.3 Provide 6~foot tall vinyl fencing along the west, north, and east boundary of the development and
3-foot tall wrought iron fence with stucco pilasters along the south boundary, as proposed. The
fencing along E. Magic View Drive shall be constructed on or beyond the interior edge of the
street buffer. 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 shall be installed around the perimeter. Perimeter, common open space,
and micro-path fencing shall be designed according to UDC 11-3A-7.
1.2.4 The applicant is required to vacate or improve the northern portion of the unopened right-of-way
of the current cul-de-sac of E. Magic View Drive at the southeast property line as the cul-de-sac
will no longer be needed if E. Magic View Drive is extended to connect to the stub in
Woodbridge Subdivision.
1.2.5 Include two private street lots as access for the units within Lots 3 and 5, Block 1. Construction of
said priyate streets shall comply with all of the standards listened in UDC 11- 3F -4. A Private
Street application is required to be submitted to the Planning Department at least 10 days
prior to the City Council hearing.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007
1.2.6 All drainage areas must comply with UDC 11- 3B-ll and shall be designed to free-drain with no
standing water within 24 hours of the completion of a storm event.
1.2.7 Underground, pressurized irrigation must be provided to all lots within this development.
1.2.8 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of any natural waterway, that
intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be
approved by the appropriate irrigation/drainage district, or lateral users association (ditch
owners), with written approval or non-approval submitted to the Public Works Department. If
lateral users association approval can not be obtained, alternate plans will be reviewed and
approved by the City Engineer prior to final plat signature.
1.2.9 Maintenance of all common areas shall be the responsibility of the Homeowners' Association.
1.3 GENERAL REQUIREMENTS-PRELIMINARY PLAT (PP-06-049)
1.3.1. A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as
noted in this report, shall be submitted for the subdivision with the final plat application(s).
1.3.2. Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuant to UDC 11-3A-17.
1.3.3. All areas approved as open space shall be free of wet ponds or other such nuisances. All
stormwater detention facilities incorporated into the approved open space are subject to UDC 11-
3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated
surface materials shall not be used in open space lots, except as permitted under UDC 11-3B.
Where the applicant has submitted a preliminary landscape plan and where staff has reviewed
such plan, the landscaping shall be consistent with the preliminary plan with modifications as
proposed by staff. If the stormwater detention facility cannot be incorporated into the approved
open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the
facility. This may require losing a developable lot or developable area. It is the responsibility of
the developer to comply with ACHD, City of Meridian and all other regulatory requirements at
the time of fmal construction.
1.3.4. A written certificate of completion should be prepared by the landscape architect, designer, or
qualified nurseryman responsible for the landscape plan upon completion of the landscape
installation. All standards of installation should apply as listed in UDC 11-3B-14.
1.3.5. Coordinate fire hydrant placement with the City of Meridian Public Works Department.
1.3.6. Staffs failure to cite specific ordinance provisions or terms of the approved annexation and
conditional use does not relieve the applicant of responsibility for compliance.
1.3.7. Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7.
1.4 CONDITIONAL USE PERMIT REQUIREMENTS (CUP-06-030)
1.4.1. The site plan labeled as Sheet 1 of 1, prepared by Engineering Solutions, LLP, dated July 12,
2006 is not approved with the conditions noted in Exhibit B. At least 10 days prior to the City
Council hearing, the applicant shall submit 10 full-size copies, one 8.5" x 11" copy and jpg and
pdf copies of a revised site plan that reflect the conditions noted in herein. All comments and
conditions of the accompanying Annexation and Zoning (AZ-06-047) and Preliminary Plat (PP-
06-049) applications shall also be considered conditions ofthe CUP (CUP-06-030).
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007
1.4.2. Provide a minimum lO-foot building setback per UDC 11-4-3.27B, unless a greater setback is
otherwise required by the UDC.
1.4.3. Provide a 20-foot wide landscape buffer adjacent to the existing single-family residential uses on
the west, north, and east boundary of the proposed subdivision in compliance with UDC 11-3B-
9C.
1.4.4. Show the locations of the proposed trash receptacles on the site plan. Trash receptacles shall be
screened from view and locations shall be approved by Sanitary Service Company.
1.4.5. Provide a minimum of 80 square feet of private, usable open space for each unit in compliance
with UDC 11-4-3.278B. Show open space for each unit on the site plan.
1.4.6. Include on the site plan, the location of the property management office, maintenance storage
area, central mailbox location, and directory and map of the development at a convenient location
within the development.
1.4.7. Include 2 parking spaces within a garage for each unit on the site plan in compliance with UDC
11-4-3.27B.
1.4.8. Provide a minimum of 350 square feet of common open space for each unit containing more than
1,200 square feet ofliving space that complies with UDC 11-4-3.27C.
1.4.9. Submit scaleable or dimensioned building elevations for the proposed units, showing construction
materials, which comply with the architectural standards set forth in UDC 11-4-3.27E with each
Certificate of Zoning Compliance application for this site. All buildings constructed on the site
shall be consistent with the elevations submitted.
1.4.10. A Certificate of Zoning Compliance is required prior to issuance of building permits for the
multi-family and clubhouse buildings proposed within this development. The multi-family units
may be combined in one CZC or submitted separately for approval.
1.4.11 This property shall be subdivided prior to issuance of Certificates of Zoning Compliance.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is being proposed via extension of mains in E. Magic
View Drive. The applicant shall install mains to and through this subdivision; applicant shall
coordinate main size and routing with the Public Works Department, and execute standard forms
of easements for any mains that are required to provide service. Minimum cover over sewer'
mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate
materials shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2.2 There is a sewer main stubbed to this site that the plat does not show as being utilized. The
applicant shall coordinate with Public Works staff during plan review an acceptable solution to
abandoning this line.
2.3 Water service to this site is being proposed via extension of mains in E. Magic View Drive. The
applicant shall be responsible to install water mains to and through this development, coordinate
main size and routing with Public Works.
2.4 There is a water main stubbed to this property that the plat does not show being extended. The
applicant shall be require to remove the blow-off and install a fire hydrant in this location, unless
it is to be extended and connected to provide a looped system.
2.5 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
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007
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.
2.6 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).
2.7 The applicant has indicated that the Nampa and Meridian Irrigation District will own and operate
the pressurized irrigation system in this development, therefore a letter of plan approval shall be
submitted prior to scheduling of a pre-construction meeting.
2.8 The Nampa and Meridian Irrigation District requires their pump stations to be placed on a
separate lot dedicated to the District. The applicant shall revise the plat to show the proposed
pump station to be on a separate lot.
2.9 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 common areas prior to signature on the
final plat by the City Engineer.
2.10 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.
2.11 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.
2.12 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.
2.13 Any existing domestic wells and/or septic systems within this project shall be removed from
domestic service per City Ordinance Section 9-1-4 and 9A.8.
2.14 Per UDC 11- 3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that
intersect, cross or lie within the area being 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.
2.15 A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall
be submitted to the City Engineer (Ord. 557, 10-1~91) for all off-street parking areas. Storm water
treatment and disposal shall be designed in accordance with Department of Environmental
Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities
and Counties and City of Meridian standards and policies. Off-site disposal into surface water is
prohibited unless the jurisdiction which has authority over the receiving stream provides written
authorization prior to development plan approval. The applicant is responsible for filing all
necessary applications with the Idaho Department of Water Resources regarding Shallow
Inj ection Wells.
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 recorded, prior to applying for building permits.
2.17 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the fmal 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 final plat.
2.20 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.21 Applicant shall be responsible for application and compliance with and NPDES 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 backfill, where footing would sit atop fill material.
2.25 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the 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 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 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.
3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 412" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on comers when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be 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.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007
3.3. Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an
imposed load of 75,000 Ibs. All roadways shall be marked in accordance with Appendix D
Section Dl03.6 Signs.
3.4 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.
3.5 Commercial and office occupancies will require a fIre-flow consistent with the International Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
3.6 The proposed multi-family lot has an estimated units with a total estimated population of residents at
build out The Meridian Fire Department has experienced 2612 responses in the year 2004.
According to a report completed by Fire & Emergency Services Consulting Group our requests for
service are projected to reach 2800 in the year 2005 and 3800 by the year 2010.
3.7 The fIrst digit of the Apartment/Office Suite shall correspond to the floor level.
3.8 The applicant shall work with Planning Department staff to provide an address identification plan
and a sign which meets the requirements of the City of Meridian sign ordinance at the required
intersection(s).
3.9 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fIre apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official. For buildings equipped throughout
with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or
903.3.1.2 the distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183
m).
3.10 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered.
3.11 There shall be a fire hydrant within 100' of all fIre department connections.
3.12 Buildings over 30' in height are required to have access roads in accordance with The International
Fire Code Appendix D Section DI05.
3.13. Emergency response routes and fire lanes shall not be allowed to have speed bumps.
3.14. Pool chemicals shall be stored in compliance with the International Fire Code.
4. POLICE DEPARTMENT
4.1 The proposed multi-family development shalllirnit landscaping shrubs and bushes to species that
do not exceed three feet in height.
4.2 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if
solid fencing is used.
4.3 Locate address signs for Lots 3 & 5 at the entrance to these lots so that they are viewable from the
public street.
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.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007
5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in
the City of Meridian Landscape Ordinance (UDC 11-3B-I0) will be followed.
5.3 Irrigation consisting of rainbird high speed gear drive rotors for infields is required for ALL
skinned infields on the school property.
6. SANITARY SERVICE COMPANY
6.1 No comments were received from SSC regarding this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 SITE SPECIFIC CONIDTIONS OF APPROVAL
7.1.1. The applicant is required to dedicate 50.feet of right.of-way for Magic View Drive by executing
a warranty deed of trust and granting the right-of-way to the District.
7.1.2. Construct Magic View Drive as one half ofa 36-foot street section within 50-feet of right-of-way,
complete with vertical curb, gutter and 5-foot concrete sidewalks on the north side of the
roadway.
7.1.3 . Vacate or improve the unopened right-of-way at the southeast property line.
7.1.4. Construct South Fiddle Way as a 34-foot street section within 50-feet of right-of-way complete
with curb, gutter and 5-foot concrete sidewalk. Provide a minimum 21-foot street section on
either side of the island in the entry road.
7.1.5. Locate and construct the roadways as 34-foot street sections within 50-feet of right-of-way
complete with curbs, gutters and 5-foot concrete sidewalks.
7.1.6. 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
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 ofIdaho 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
requirements of the Ada County Highway District prior to District approval for occupancy.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007
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
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. IDAHO POWER COMPANY
8.1 The applicant shall contact the Idaho Power Company Operations Center with a formal request for
service for this property. Existing infrastructure may possibly need to be upgraded in order to
provide electrical services to this development.
Exhibit B
CITY OF MERIDiAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4, 2007
C. Legal Description & Exhibit Map
II
IDAHO
SURVEY
GROUP
I'lSd EiluWllterte>wer St.
Suite ISO
Merodlan, Ictaho 83642
Phone (208) 846--8570
Fax OOlilj 88+5399
Project No. 05-319
February 17. 2006
AneutioD DtscriptioD
Ll)t 6, AmeDded Malie View SubdivUioo
Proposed VUlage Vlllu Sllbdjvlsioa
Lot 6 of Amended Magic View Subdivision and a portion orE. Ma~ic View
Drive located in the South 1/2 of the NE 1/4 of Section 17, T;3N., Jt.1E.,B,~t, Ada
County, ldabo,as same lsrecorded in Book 52 of Plats at Pase4445. rocords of Ada
County, Idaho, more particuJarly described llll follow!!: Commencing iii. the East 114.
comer ofSaid Section 17, from which the NortheaSt com<< of said section beaFS North
OO"22~14" West, 2652.96 feet; Thence North 00012'14" West, 1326.39 feet; Thence
North 89057'30" West, 2088.18 feet to the Northeast camer oruid Lot 6lying.onthe
South boundary of Greenhill Esta1l.lll Subdivlsion No.2, as same is recordeid in Book 35
of Plats at Page 3002. records of Ada County, Idaho. said point being the REAL
POINT OF BEGINNING.
Thence: along the East line of said Lot 6 and sa:idline exlended South 20\5'12"
West. 510.79 feet toa point on the North line ofLol7 ofwd Amended Magic.VieYi
Subdivision; ..
Thence along said North line North 8000S'34.' West, 490.83 red to a point on
the East boundary of Snorting Bull Subdivision Phase 2, as same is recorded, in Book
84 of Plats at Page 9318. records of Ada County. Idaho;
Thence North QOoZZ'3i" East, 426.74 teet to the Northell$t comer of said
sllbdivision lying on the South boundary of Greellhill Estates Subdivision, asSfmlc is
recorded in Book 35 of Plats at Page 3000, rccm'dl; of Ada COUIi.ty. Idaho;
Thence along the said S4uth boundary and \he South bOundary of said Greenhill
SubdiviSionNo. 2 South 89"57'30" East, 500.87 feet to the Point of Beginning.
Containing 5.30 acres. more or less.
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Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007
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Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007
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 L-O. Staff believes that
the proposed amendment does not comply with the comprehensive Plan. However, the
Commission finds that the proposed zoning map amendment does comply with the
Comprehensive Plan Future Land Use Map and all applicable provisions.
2. The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
Multi-family residential developments are listed as a Conditional Use in the L-O zone per
UDC Table 11-2B-2. If the applicant revises the plat to reflect the comments stated in the
analysis section of the staff report, the development should meet the standards of the L.O
zone for the proposed use. The Commission finds that the proposed map amendment
complies with the proposed zoning district and its purpose statement. Please see Section 8
of the staff report for detailed analysis on the purpose statement of the L-O zone.
3. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The Commission finds that the proposed zoning amendment and subsequent development
of this property 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 determining this fmding.
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,
The Commission finds that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to
this site.
5. The annexation is in the best of interest of the City (UDC 11-5B-3.E).
The Commission finds that all essential services are available or will be provided by the
developer to the subject property and will not require unreasonable expenditure of public
funds. The Commission fmds that Annexation and Zoning of this property to L-O for a
multi-family development would be in the best interest ofthe City.
Exhibit D
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4, 2007
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;
The Commission finds that the proposed use of the property as a multi-family
development complies with the adopted Comprehensive Plan.
2. Public services are available or can be made available and are adequate to
accommodate the proposed deYelopment;
The Commission finds that public services can be made available to accommodate the
proposed development.
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, the Commission fmds that the subdivision will not require the expenditure of capital
improvement funds.
4. There is public financial capability of supporting services for the proposed
development;
Staff recommends the Commission and Council rely upon comments from the public
service providers (Le., police, fire, ACHD, etc.) to determine this finding. (See fmding
items 3 and 4 above under Annexation Findings, and the Agency Comments and
Conditions in Exhibit B for more detail.)
4. The development will not be detrimental to the public health, safety or general
welfare; and
The Commission 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.
5. The development preserves significant natural, scenic or historic features.
The Commission is unaware of any natural, scenic or historic features on this site.
Therefore, the Commission 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 recommends that the Commission and Council reference any public
testimony that may be presented to determine whether or not the proposed development
may destroy or damage a natural or scenic feature(s) of major importance of which staff
IS unaware.
Exhibit D
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007
3. Conditional Use Findings
The Commission and Council shall reyiew the particular facts and circumstances of each
proposed conditional use in terms of the following, and may approve a conditional use permit
if they shall find evidence presented at the hearing(s) is adequate to establish:
A. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
The Commission finds that the site is large enough to accommodate all required parking,
landscaping, loading and other standard regulations required by the UDC.
B. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in
accord with the requirements of this Title.
The Commission fmds that the proposed multi-family residential use in the proposed L-O zone
meets the objectives of the Comprehensive Plan.
C. That the design, construction, operation and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the
general vicinity and that such use will not adversely change the essential character of the
same area.
The Commission finds that the building height, parking layout, landscape buffer widths (as
revised per staff comments), and other dimensional standards shown in the application
generally comply with the UDC.
D. That the proposed use, if it complies with all conditions of the approval imposed, will not
adyersely affect other property in the vicinity.
The Commission finds that the proposed development may not adversely affect other property
in the vicinity if the applicant complies with all comments listed in the analysis section of the
staff report and constructs all improvements and operates the use in accordance with the UDC
standards. Traffic volumes will increase with this development; ACHD has reviewed the
application and placed special conditions on the applicant.
E. That the proposed use will be served adequately by essential public facilities and services
such as highways, streets, schools, parks, police and fire protection, drainage structures,
refuse disposal, water, and sewer.
The Commission fmds that sanitary sewer, domestic water and irrigation can be made available
to the subject property. Please refer to comments prepared by the Meridian Fire Department
and other agencies.
F. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare ofthe community.
Exhibit D
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 4,2007
The Commission finds that the applicant will pay to extend the sanitary sewer and water mains
into the site. No additional capital facility costs are expected from the City. The applicant
and/or future property owners will be required to pay highway impact fees.
G. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The Commission finds that the proposed development will not involve uses that will create
nuisances that would be detrimental to the general welfare of the surrounding area.
The Commission recognizes the fact that traffic and noise will increase with the approval of
this subdivision; however, the Commission does not believe that the amount generated will be
detrimental to the general welfare of the public. The Commission finds the future buffer
between land uses along the property boundaries adjacent to residential uses will help to
mitigate noise, fumes and glare created by the additional traffic.
H. That the proposed use will not result in the destruction, loss or damage of a natural,
scenic or historic feature considered to be of major importance.
The Commission finds that the proposed development will not result in the destruction, loss or
damage of any natural feature(s) of major importance. Staff recommends that the Commission
and Council reference any public testimony that may be presented to determine whether or not
the proposed development may destroy or damage a natural or scenic feature(s) of major
importance of which staffis unaware.
Exhibit D