Staff ReportCITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 15, 2007
STAFF REPORT Hearing Date: 3/15/2007
TO: Planning & Zoning Commission
FROM: Amanda Hess, Associate City Planner
(208) 884-5533
SUBJECT: Grau Subdivision
• AZ-07-003
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Annexation and Zoning of 1.0 acres from Rl (Ada County) to the L-O (Limited
Office) district for 0.32 acres, and the R-8 (Mediuz~n Density Residential) district
for 0.68 acres
• PP-07-005
Preliminary Plat of 1 office lot and 1 common lot in the proposed L-O zone, and 3
single-family building lots in the proposed R-8 zone
• PS-07-001
Request to construct 1 private road to access the proposed office lot
• ALT-07-001
Alternative Compliance for the 20-foot required landscape buffer adjacent to
residential uses
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The Applicant, Stanley Consultants, has applied for Annexation and Zoning (AZ) of 1.0 acres from Rl (Ada
County) to the L-O (Limited Office) and R-8 (Medium Density Residential) zoning districts; and Preliminary
Plat approval of 1 office lot and I common lot in the proposed L-O zone, and 3single-family building lots in
the proposed R-8 zone for Grau Subdivision.
The subject property is located on the south side of Cherry Lane, approximately'/z Haile east of Black Cat Road
in Section 10, Township 3 North, Range 1 West, B.M., and is currently referenced as Assessor's Parcel
Number 51210212465. The site has not been previously platted. The subject property is within the City's Area
of Impact and Urban Service Planning Area.
2. SUMMARY RECOMMENDATION
Generally, the Planning Director is the final decision maker on Private Street and Alternative
Compliance applications. However, because the City Council is the final decision making body on the
Annexation and Preliminary Plat applications, all of the subject applications are being combined into
one staff report. The Commission must make a formal recommendation to the Council on the .
Annexation and Zoning and Preliminary Plat applications, as those are public hearing items. The
Commission should also review and make recommendations regarding the private street and alternative
compliance applications, if applicable, as these applications are key to the current layout of the
proposed development.
The subject applications (AZ-07-003, PP-07-005, PS-07-001, & ALT-07-001) were submitted to the Planning
Department for concurrent review. Staff has provided a detailed analysis and recommended conditions of
approval for the requested Annexation and Zozxing, Preliminary Plat, Private Street, and Alternative
Compliance applications. Staff is recommending approval of the proposed Grau Subdivision subject to
Grau Subdivision - AZ-07-003, PP-07-005, PS-07-001, & ALT-07-001 Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE BEARING DATE OF MARCH 15, 2007
the conditions listed in Exhibit B of the Staff Report.
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-07-003 and PP-07-005 (PS-07-001 & ALT-07-001 optional) as presented in
the staff report for the hearing date of March 15, 2007, with the following modifications to the conditions
of approval: (Add any proposed modifications.)
Denial
After considering all Staff, Applicant, and public testimony, I move to recommend denial to the City
Council of File Numbers AZ-07-003 and PP-07-005 (PS-07-001 & ALT-07-001 optional) as presented
during the hearing on March 15, 2007, for the following reasons: (You should state specific reasons for
denial of the annexation and you must state specific reasons for denial of the preliminary plat request.)
Continuance
After considering all Staff, Applicant, and Public testimony, I move to continue File Numbers AZ-07-
003 and PP-07-OOS 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:
4135 West Cherry Lane
Meridian, ID 83642
Section 10, T3N, R1W
b. Applicant:
Stanley Consultants
1940 South Bonita Way, Suite 140
Meridian, ID 83642
c. Owner:
Bill Grau
4135 West Cherry Lane
Meridian, ID 83642
d. Representative: Kandi Hall, Stanley Consultants
e. Present Zoning: R1 (Ada County)
£ Present Comprehensive Plan Designation: Medium Density Residential
g. Description of Applicant's Request:
1. Date of Preliminary Plat (See Exhibit A): Dated January 30, 2007
2. Date of Landscape Plan (See Exhibit A): Dated January 31, 2007
h. Applicant's Statement/Justification:
The subject property is currently being used as a residence. The existing home will be converted to an
office use and the existing shop buildings will be removed. A parking lot will be constructed for the
proposed office building. The proposed uses for the subject property are residential anal commercial;
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING ,DATE. OF MARCH 15, 2007
R-8 zoning for the three residential lots and L-O zoning for the fourth lot which will be used for a
light-office purpose.
The proposed residential lots will meet the dimensional standards for the R-8 zoning district anal the
proposed light-office lot will meet all dimensional standards for the L-O zoning district. Each lot will
have frontage on Cherry Lane. A 25-foot landscape buffer is proposed for the portion of the
subdivision which borders Cherry Lane.
Due to the location of the subject property, it is impossible to meet the 20-foot landscaping
requirement that the Code requires and, therefore, we are requesting alternative compliance. We
propose landscaping along the east side of the proposed private driveway. 'We are willing to meet azxy
other conditions the City may require.
We are also submitting a private street application, as Staff recommended this would be the mast
appropriate way to gain access to a commercial site.
We wish to meet all of the City's requirements.
S. PROCESS FACTS
a. The subject application will, in fact, constitute an annexation and/or rezone, as determined by City
Ordinance. By reason of the provisions of the Meridian City Code, Title 11, Chapter 5, a public
hearing is required before the City Council on this matter.
b. The subject application will, in fact, constitute a preliminary plat, as determined by City Ordinance.
By reason of the provisions of the Meridian City Cade, Title 11, Chapter 5, a public hearing is
required before the City Council on this matter.
c. The subject application will, in fact, constitute a private street, as determined by City Ordinance. By
reason of the pravisions of the Unified Development Code Title 11, Chapter 5, a public bearing is
required before the City Council on this matter.
d. The subject application will, in fact, necessitate alternative compliance, as determined by City
Ordinance. By reason of the provisions of the Unified Development Code Title 11, Chapter 5, a public
hearing is required befare the City Council on this matter.
e. Newspaper notifications published on: February 2d, 2007 & March 12, 2007
f. Radius notices mailed to properties within 300 feet on: February 16, 2007
g. Applicant pasted notice on site by: March 5, 2007
6. LAND USE
a. Existing Land Use(s): One existing residence and other out buildings.
b. Description of Character of Surrounding Area: A mix of single family residential housing types
within the City of Meridian
c. Adjacent Land Use and Zoning:
1. North: Golf View Estates Subdivision, zoned R-4; Cherry Lane Village Subdivision, zoned R-4
2. East: Rod's Parkside Creek Subdivision, zoned R-4
3. South: Cherrywoad Village Subdivision, zoned R-8
4. West: Cherrywood Village Subdivision, zoned R-S
d. History of Previous Actions: N/A
e. Existing Constraints and Opportunities:
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH I S, 2007
1. Public Works
Location of sewer: There is sewer available in W. Cherry Lane.
Location of water: There is water available in W. Cherry Lane
Issues or concerns: The plat does not depict a pressurized irrigation system as required by
ordinance. There is a note on the preliminary plat that states "Pressure irrigation system will be
provided to each lpt by a culinary system." City Code, however, requires all developments to
provide pressurized irrigation system to every lot within a subdivision with surface water as the
main source. However, City Code allows for City Council to waive this requirezxxent only if the
property does not have any water rights
2. Vegetation: Existing trees should be retained, mitigated for, or relocated on site
3. Floodplain: N/A
4. Canals/Ditches/Irrigation: N/A
5. Hazards: N/A
6. Proposed Zoning: R-8 & L-O
7. Size of Property: 1.0 acres
f. Subdivision Plat Information:
1. Residential Lots: 3
2. Non-residential Lots: 1
3. Total Building Lots: 4
4. Common Lots: 1
5. Total Lots: 5
6. Open Lots: 0
7. Residential Area: 0.683 acres
S. Gross Density: ~4.0 units per acre
9. Lot Sizes: Lot sizes range from 4,860 square feet for the office lat to approximately 11,175 square
feet. The average lot size is approximately 9,125 square feet.
g. Landscaping:
1. Width of street buffer(s): Cherry Lane is classified as an arterial road. The UDC (Table 11-2A-5)
requires a 25-foot wide street buffer adjacent to arterials. The landscape plan proposes a 25-foot
wide buffer along Cherry Lane.
2. Width of buffer(s) between land uses: Twenty feet (20') of landscape buffer required between the
portion of the property to be zoned L-O, and the residential properties to the west, zoned R-8 (See
UDC Table 11-28-3). The applicant has submitted an alternative compliance application regarding
the landscaping to adjoining uses. See below for analysis.
3. Percentage of landscaped area: -~25% (0.25 acres)
4. Other landscaping standards: UDC 11-3B-8 requires landscaping within and around parking lots.
The landscaping standards for parking lots will be applied as part of the issuance of a Certificate
of Zoning Compliance.
h. Off-Street Parking (Non-Residential Uses)
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 15, 2007
1. Parking spaces required: UDC 11-3C-6B establishes minimum parking standard for non-
residential uses. Within commercial districts, spaces shall be provided at one per 500 square feet
of gross floor area.
2. Parking spaces proposed: There are nine parking spaces shown on the office lot on the
preliminary plat. Staff will ensure adequate parking with the CZC review.
3. Compact spaces proposed: 0
4. Off site parking proposed: N/A
Percentage of interior parking as landscaping: Prior to issuance of any Certificates of Occupancy,
Staff will ensure that the proposed parking lot is improved with landscaping according to UDC
requirements.
Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The sole access to
the development will be from a proposed private street intersecting Cherry Lane. The access is to be
located approximately 400 feet west of the %z mile section between Ten Mile and Black Cat Roads.
ACHD is supportive of the proposal as long as all Site Specific and General Requirements are
met. (See Earhibit B-7)
7. COMMENTS MEETING
On February 23, 2007, Planxaing Staff held agency comments meetings. The agencies and departments present
included: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Sanitary
Services, and the Meridian Public Works Department. Staff has attached all comments and recozm~ended
actions as Conditions of Approval in the attached Exhibit B.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map.
In Chapter VII of the Comprehensive Plan, "Medium Density" areas provide for smaller lots for residential
purposes within City limits. Uses may include single-family homes at densities of 3 to 8 dwelling units per
acre.
However, in 2004, the City approved Resolution No. 04-454, which amended Chapter VII, Section 1, of the
Comprehensive Plan to include the following language: "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 a section line road and is 3 acres in size or less in size. In this instance, no ancillary commercial uses
shall be permitted."
Staff finds that the subject property has frontage an an arterial street, Cherry Lane, and is less than 3 acres izx
size (1.0 acres). According to Resolution No. 04-454, the subject parcel is eligible for an office use/zone, if the
Coxmnission and Council fmd the zoning is appropriate for this site.
Staff finds the fallowing Comprehensive Plan policies to be applicable to this property and apply to the
proposed development (Staff analysis in italics):
• Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the
provision of all public services.
YVhen the City established its Area of City rmpact, 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.
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 1 S, 2007
• The subject lands currently lie within the .jurisdiction of the Meridian Rural Fire District.
Once annexed, the lands will be under the jurisdiction of the Meridian City Fire Department,
who currently shares resource and personnel with the Meridian Rural Fire Department.
• The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once
annexed, the lands will be serviced by the Meridian Police Department (MPD).
• The roadways adjacent to the subject lands are currently owned and maintained by the Ada
County Highway District (ACHD). This service will not change.
• The subject lands are currently serviced by the Meridian School District #2. This service will
not change.
• The subject lands are currently serviced by the Meridian Library District. This service will not
change and the Meridian Library District should suffer no revenue lass as a result of the
subject annexation.
Municipal, fee-supported, services will be provided by the Meridian Building Department, the
Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater
Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary
Services Company.
• Chapter V, Goal III, Objective D, Action item 5 - "Require all commercial businesses to install and
maintain landscaping."
Staff is conditioning approval of the subject applications upon the Applicant installing and
maintaining landscaping on this site. Refer to the preliminary plat analysis, Section 10, far more
information on landscaping at this site.
Chapter VI, Goal II, Objective A, Action 5 -Require pedestrian access connectors in all new
development to link subdivisions together to promote neighborhood connectivity as part of a
community pathway system.
Staff is supportive of the proposed sidewalk that is to be constructed along Cherry Lane which will
offer means for bicycle and pedestrian travel. A sidewalk will also be provided from Cherry Lane
which will run contiguous with the private street.
Chapter VII, Goal N, Objective C, Action 1 -Protect existing residential properties from
incompatible land use development on adjacent parcels.
The Applicant is proposing mixed zoning for residential and office uses. Staff finds that the
developments to the south, east, and west are compatible with the proposal, the lot sizes blend well
with that of Rod's Parkside Creek Subdivision and Cherrywvod Village Subdivision. The existing
residence to the northeast, sited on a 1-acre lot and zoned R-4, has also been buffered with
landscaping and appropriate sized lots. Staff believes that this project does propose land uses that are
generally compatible with the existing uses in the area-
The Commission and Council should Hate that the UDC requires land use buffers between commercial
/office uses and residential uses. The Applicant has provided landscaping buffers at the east and west
property lines, where the off ice use will be adjacent to residences. However, due to size constraints of
the subject property, the Applicant is unable to provide the full buffer widths of 20 feet at the
aforementioned property lines, and has submitted alternative compliance for this reason. Refer to the
preliminary plat analysis, Section 1 D, for mare information regarding alternative compliance.
• Require street connections between subdivisions at regular intervals to enhance connectivity and better
traffic flaw (Chapter VI, Goal II, Objective A, Action 6)
The adjacent properties have not provided stub connections to the subject site; therefore, the property
will take direct access from Cherry Lane.
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TF1E lil/ARtNG DATE OF MARCH 15, 2007
Staff finds that the proposedR-8 zoning is harmonious with and in accordance with the Comprehensive
Plan. Staff further finds that L-O zoning designation is harmonious with and in accordance with the
Comprehensive Plan, as amended by Resolution No. 04-454, if the Commission and Council believe the
zoning is appropriate. Staff recommends that the Commission and Council rely on Staff's analysis, other
agency /department comments, and any other comments received regarding the appropriateness of zoning
a portion of this site for office use(s).
9. ZONING ORDINANCE
a. Zoning Schedule of Use Control
1. R-$ Districts: UDC 11-2A-21ists single-family dwellings as a Permitted Use in the R-8 zone.
2. L-O Districts: UDC Table 11-2B-2 lists several uses as permitted and conditional uses in the L-O
zoning district. UDC 11-SB-1 requires that Certificates of Zoning Compliance be obtained prior to
construction and commencement of said types of uses in order to ensure compliance with all
applicable provisions of the UDC.
b. Purpose Statement
Residential Zoning: The purpose of the residential districts is to provide for a range of housing
opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of
Meridian water and sewer systems is a requirement for all residential districts. Residential districts
are distinguished by the allowable density of dwelling units per acre and corresponding housing
types that can be accommodated within the density range.
2. Commercial Zoning: The purpose of the L-O zone is to permit the establishment of groupings of
professional, research, executive, administrative, accounting, clerical, stenographic, public service
and similar used which shall not involve heavy testing operations of any kind or product
manufacturing of such a nature to create noise, vibration, or emissions of a nature offensive to the
overall purpose of the District.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
ANNEXATION ANALYSIS:
Based on the policies and goals contained in the Comprehensive Plan and the general compliance of
the proposed development with the Unified Development Code, Staff believes that this is a suitable
location for the proposed office use and single-family development. Please see Exhibit D for detailed
analysis of the required facts and fmdings for annexation.
Legal Description: The annexation legal description submitted with the application (prepared by
Michael Marks, PLS, on January 15, 2007) shows the property as contiguous to the existing corporate
boundary of the City of Meridian. However, the legal description shows the R-8 lots going out to
Cherry Lane. Staff is recommending that the flag portions for the lots zoned R-8 stop at the southexxx
boundary of the private street serving the office lot. Therefore, the legal description should be
revised so that the office users do not have to drive across the R-S lots for access to the office lot.
The Applicant should submit a revised legal description for this site prior to the City Council
hearing.
All future uses on this property should not involve uses, activities, processes, materials, equipment,
and conditions of operation that will be detrimental to any persons, property, or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare or odors, and should be
constructed in accordance with City of Meridian ordinances in effect at the time of development.
Special Considerations:
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CITY OP MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCI-I 15, 2007
Development Agreement: UDC 11-SB-3D2 and Idaho Code § 65-6711A provides the City the
authority to require a property owner to enter into a Development Agreement (DA) with the City
that may require some written commitment for all future uses. Due to the proposed use, Staff
believes that a Development Agreement is necessary to ensure that this property is developed in a
fashion that is consistent with the comprehensive plan and does not negatively impact nearby
properties. If the Commission or Council feels additional development agreement requirements are
necessary, Staff recommends a clear outline of the commitments of the developer being required.
A Development Agreement (DA) will be required as part of an annexation of this property. Prior
to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the
property owner(s) (at the time of annexation ordinance adoption), and the developer. The
Applicant shall contact the City Attorney, Bill Nary, at $$8-4433 within six months of Council
approval to initiate this process. The DA shall incorporate the provisions listed in Exhibit B of the
Staff Report.
PRELIMINARY PLAT ANALYSIS:
Based on the policies and goals contained in the Comprehensive Plan and the general compliance of
the proposal with the Unified Development Code, Staff believes that this is a suitable location for the
proposed development. Please see Exhibit D for detailed analysis of facts and fmdings for a
preliminary plat.
1. Access /Private Streets: The Applicant has proposed a private street from Cherry Lane as the
sole access to the subject development. City and ACRD Staff are generally supportive of the
private street access, as proposed.
The Applicant proposes to construct the private street with a 26-foot wide street section, as
measured from back-of--curb, and sidewalk on one side, within a private street lot to serve the
office lot. No on-street parking should be allowed along or within the private street. The private
road should be signed as "No Parking" as per the Meridian Fire Department's comments. Please
see Exhibit D for the required findings for a private street.
As there exists an approximately 1-acre property to the east, currently zoned R-4, Staff believes
the site has the potential to redevelop in the future. Upon said redevelopment, City Staff is
confident that ACRD Staff would prefer restricting road access to Cherry Lane, if alternate off-site
access is available. Therefore, City Staff will require that the Applicant dedicate across-access,
ingress/egress easement to the parcel to the east, and subsequently record said document.
At this time, the private street does not have a name. Amongst other private street requirements,
the Applicant will have to certify that the Ada County Street Naming Committee will accept a
private street name.
Prior to signature of the fmal plat, the Applicant should provide documentation of a binding
contract that establishes who is responsible for the repair and maintenance of the private streets
(UDC 11-3F-3B4). The private street easements shall be depicted on the face of the final plat(s)
(CTDC 11-3F-3B3). Design and construction of the private street shall comply with UDC 11-3F4.
The Applicant should also note that gates are prohibited on private streets (UDC 11-3k'-4A4).
2. Common Driveways: One shared driveway is proposed within this development; between Lots
3, 4 & 5, Block 1. This common driveway picks up at the terminus of the commercial private
street serving Lot 2. Per UDC 11-2A-3B-3, the street frontage requirement for three properties
sharing a common drive shall be a minimum of ten feet for each property. Staff is generally
supportive of the proposed common driveway.
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 15, 2007
UDC 11-6C-3D7 requires setbacks, building envelopes, and orientation of the lots and structures
to be shown on the plat; building setbacks should be measured from the edge of the common
driveway easement or property lines, whichever is more restrictive. Further, UDC 11-3C-6
requires every single-family dwelling to have atwo-car garage and a 20' x 20' parking pad on the
lot. The asphalt for the cozximon driveway should not count towards the required parking pad area.
Comply with all common driveway provisions listed in UDC 11-6C-3D.
3. Landscaping: The Applicant has supplied 25% of the site in the form of landscaping. Staff is
generally supportive of the proposed landscape plan prepared by Brooks Design Group, labeled
Sheet L1, and dated January 31, 2007. The plan shall demonstrate compliance with the following
standards.
The Applicant is proposing a 25-foot wide landscape buffer along Cherry Larxe, an arterial
roadway. Staff is generally supportive of the proposed landscape buffer. All landscaping along
Cherry Lane should conform to the requirements of UDC 11-3B-7.
UDC 112B-3A establishes the minimum landscaping buffer from office uses to residential uses to
be 20 feet. As required by Ordinance, the Applicant has supplied a 20-foot landscape buffer
between the proposed office and proposed single family lots. However, the Applicant has stated
that the existing home to remain is to be converted to an office building. The footprint of the
existing home encroaches 10 feet and the parking lot encroaches as much. as 1$ feet into the
required 20-foot landscaping buffer between the proposed office lots and the existing single family
development to the west. Therefore, the Applicant has submitted an Alternative Compliance
application to mitigate for this (See Alternative Compliance analysis below).
The Applicant proposes a 7-foot wide buffer adjacent to the parking stalls and a 2-foot buffer
adjacent to the drive aisle at the east property line. Staff believes that the buffer between the
parking area and the residential properties to the west should be increased to, at minimum,
10 feet wide and should contain, at minimum, two trees.
Per UDC 11-3B-SC-2a, for all parking lots, landscaping planters shall be a minimum of 5-feet
wide. Additionally, each planter shall be landscaped with at least one tree and covered with low
shrubs, lawn, or other vegetative ground cover. All landscaping buffers shall be, at a minimum, 5
feet in width (UDC 11-3B-8C-la).
Maintenance of all common areas shall be the responsibility of the Grau Homeowners /Business
owners Association.
4. Alternative Compliance: UDC 11-2B-3A-1 requires a 20-foot wide laud use buffer between
commercial/ office uses and residential uses. However, due to size constraints of the subject
property, which totals 125 feet, installation of 20-foot landscape buffers at the east arxd west
property lines (or 40 feet of landscaping in total) would not allow for efficient redevelopment of
the site. By the time the Applicant constructs an approxixxiately 30-foot wide private street
including sidewalk, and the width of the home is accounted for, which measures approximately 75
feet wide, only 15-20 feet of property remain for both landscaping buffers.
Therefore, the Applicant has submitted application for alternative compliance approval and
proposes to construct a 5-foot wide landscape buffer at the east property line. In lieu of providing
the 20-foot landscaping buffers at the east and west property lines, the Applicant will install
denser vegetation in said buffers in the form of additional trees and shrubbery. Staff is especially
supportive of the proposed landscape buffers adjacent to the private street, as it will help to
mitigate the effects resulting from increased traffic to the subject site.
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CITY OF MERIDIAN FLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 15, 2007
In order to grant approval for alternative compliance, the Planning Department shall make the
following determinations:
a. Strict adherence to application of the requirements is not feasible; OR
b. The alternative compliance provides an equal or superior means for meeting the requirements;
and
c. The alternative means will not be materially detrimental to the public welfare or impair the
intended uses and character of the surrounding properties.
Staff believes that, with the aforementioned modifications (see Landscaping analysis above), the
alternative landscaping proposal does provide for alternative means in which to meet the intended
purposes of the landscaping regulations, and explicit compliance to said regulations is not feasible.
Please see Exhibit B for detailed conditions of approval and Exhibit D for the alternative
compliance fmdings.
Uses: Professional and sales offices, laboratories, health care services, and medical clinics are
some of the most common principally permitted uses within the requested L-O zone. Staff
believes that these principally permitted uses are appropriate for this property and meet the intent
of Resolution No. 04-454. However, there are several retail and ancillary commercial uses that can
occur in the L-O zone with conditional use permit approval. Therefore, Staff recommends that the
City limit the uses which can operate on the site to office/clinic type through a development
agreement. This recommendation is intended to protect the neighbors from more intense
commercial uses that could potentially take place on this property, and to ensure that the intent of
Resolution No. 04-454 (light office, low-impact businesses, etc.) is upheld.
Hours of Operation: Consistent with previous Commission actions, Staff is recommending that
the hours of operation for businesses on this site be limited to 6 a.m. to 10 p.m. through a
development agreement.
7. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be
supplied by a year-round source of water. The Applicant should be required to utilize any existing
surface or well water for the primary source. If a surface or well source is not available, asingle-
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 frnal 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.
8. Fencing: Perimeter fencing is not shown on the submitted landscape plan or preliminary plat. The
Applicant should submit a detailed fencing plan with the final plat application for the subdivision.
If permanent fencing is not provided, temporary construction fencing to contain debris must be
installed around the perimeter prior to issuance of a building permit. All perimeter fencing must be
completed prior to issuance of building permits. k'encing should taper down to a 3 foot maximum
within 20 feet of all rights-of--way. All fencing shall be installed in accordance with UDC 11-3A-
7.
9. Ditches, Laterals, and Canals: As per UDC 11-3A-6, all irnigation ditches, laterals, or canals,
exclusive of natural waterways and waterways being used as amenities, which intersect, cross or
lie within the area being subdivided shall be covered.
10. Tree Mitigation: Any existing, on-site tree over 4" in caliper that is removed from the property
shall be replaced by installing additional trees, being the equivalent number of caliper inches of
Grau Subdivision - AZ-07-003, PP-07-005, PS-07-001, & ALT-07-001 Fage 10
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 15, 2007
those removed. Required landscaping trees will not be considered as replacement trees for those
that are removed. The Applicant must coordinate a mitigation plan with Elray Huff at the
Meridian Parks Department.
11. Existing Structures: The site currently contains multiple buildings. The existing structure that is
to remain shall comply with the dimensional standards (setbacks, house size, etc.) of the L-O zone.
Prior to signature of the fmal plat, all other structures that do not meet the dimensional standards
should be removed.
Certificate of Zoning Compliance: Please explain that they need a CZC to convert the home
to office and that we will verify parking, landscaping, etc. for the L-O lot with that review.
b. Staff Recommendation: Based on the above analysis, Staff finds that applications AZ-06-064, PP-06-
065, PS-07-001, and ALT-07-001 substantially conform to the Comprehensive Plan policies and UDC
standards. Staff recommends approval of said AZ, PP, PS, and ALT applications subject to the
conditions listed in Exhibit B.
I X. EXHIBITS
A. Drawings
1. Vicinity Map
2. Preliminary Plat (Dated January 30, 2007)
3. Landscape Plan (Dated January 31, 2007)
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
S. Settler's Irrigation District
C. Legal Description and Annexation Map (Not Approved)
D. Required Findings from Unified Development Code
Grau Subdivision - AZ-07-003, PP-07-005, PS-07-001, & ALT-07-001 Page 11
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 15, 2007
A. Drawings
1. Vicinity Map
Exhibit A
CITX OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH I5, 2007
2. Preliminary Plat (Dated January 30, 2007)
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Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 15, 2007
3. Landscape Plan (Dated January 31, 2007)
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Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE pP .MARCH 15, 2007
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 ANNEXATION COMMENTS
1.1.1 The annexation legal description submitted with the application (dated January 15, 2007, and
prepared by Michael Marks, PLS) shows the property as contiguous to the existing corporate
boundary of the City of Meridian.
1.1.2 Any future subdivision, uses, and construction on this property shall comply with the City of
Meridian ordinances in effect at the time of permit submittal.
1.1.3 Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into
between the City of Meridian, property owner (at the time of rezone ordinance adoption), and the
developer. Tl~e Applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this
process. The DA shall incorporate the following:
• That development of this property shall generally conform to the Preliminary Plat and
Landscape Plan prepared by Stanley Consultants, Inc., and Brooks Design Group,
respectively.
• That no alterations, expansions, reconstructions or other enlargements to the existing
structure will be permitted excepting through the Certificate of Zoning Compliance
(CZC) process.
• That all parking areas, drive aisles, landscaping, sidewalks, lighting, signage, building
height and building setbacks for this development shall comply with the applicable
provisions set forth in the Unified Development Code.
• That all future uses shall not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
• That the following shall be the only allowed uses on this property: Principally Permitted
uses within the L-O zone. No ancillary commercial uses or other conditionally allowed
uses shall be allowed on this property.
• That the hours of operation for the office lot shall be limited to 6 a.m. to 10 p.m.
• That a 25-foot wide landscape street buffer will be constructed adjacent to Cherry Lane,
located entirely outside of the right-of--way, and said landscape buffers shall be installed
prior to occupancy of the first office building an this site.
• That a 5-foot wide landscape buffer, constructed in accordance with the UDC, will be
installed along the private street at the east property line, and that said land use buffer
shall be installed prior to occupancy of the first office building on this site.
• That a 10-foot wide landscape buffer, constructed in accordance with the UDC, will be
installed on Lot 2 along the east property line, and that said land use buffer shall be
installed prior to occupancy of the first office building on this site.
• That vehicular access from Cherry Lane to this site shall be restricted to the private street
only, as approved by ACRD and the City.
• That prior to issuance of a Certificate of Zoning Compliance (CZC) permit for any future
use, the Applicant agrees to provide Staff with a recorded copy of across-access,
ingress/egress easement to the parcel to the east.
• That the Applicant shall be required to install any and all sewer mains, water mains
and/or fire hydrants that are deemed necessary during construction plan review.
• That the Applicant shall provide easements for all required sewer and water mains that
are not located in the right-of--way.
F,xhibit $
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 15, 2007
That the Applicant shall be required to install a pressurized irrigation system for this
development. The system shall utilize surface water for its primary source.
That the Applicant shall be required to pay Public Works development plan review, and
construction inspection fees, as determined during the plan review process.
1.2 SITE SPECIFIC REQUIREMENTS---PRELIMINARY PLAT
1.2.1 The preliminary plat labeled as Sheet O1, prepared by Stanley Consultants, Inc., dated January 30,
2007, is approved, with the conditions listed herein.
1.2.2 The commercial private street shall meet the City's road design standards for private streets.
1.2.3 The Applicant must propose a name far the private street and receive approval from the Ada
County Street Naming Committee for said name prior to submittal for final plat.
1.2.4 The single family lots, to be located behind the office lot, must have direct frontage to a public or
private street. Construct the shared driveway to flag to the proposed private street, as proposed,
with flag widths at 12 feet, 10 feet, and 10 feet for Lots 3, 4, & 5, respectively.
1.2.5 UDC 11-3C-6 requires every single-family dwelling to have atwo-car garage and a 20' x 20'
parking pad on the lot. The asphalt for the common driveway shall not count towards the required
parking pad area. Comply with all common driveway provisions listed in UDC 11-6C-3D.
1.2.6 The landscape plan prepared by Brooks Design. Group, on January 31, 2007, labeled Sheet L1, is
approved with the following modifications/notes:
• The landscaping buffer adjacent to Cherry Lane (Lot 1, Block 1) shall extend from the
west property line to the proposed sidewalk adjoining the private street.
• The landscape planter located adjacent to the sidewalk along the private street shall be a
minimum of 5 feet wide, as measured inside curbing, and shall contain one (1) tree and
associated shrubbery / groundcover.
• The proposed landscaping at the east and west property boundaries shall be planted in
accordance with UDC 11-3B-9, which describes landscape buffers to adjoining uses.
• Per UDC 11-3B-9C-lb, all buffers between commercial uses and residential uses shall
contain trees that will touch at the time of tree maturity.
• UDC 11-2B-3 states that a 20 foot wide landscape buffer is required between L-O and
Residential uses. UDC 11-SB-5 allows, and the Applicant has applied for, alternative
means to certain standard development regulations, including landscaping requirements.
After reviewing the application for a reduction in the landscape buffer requirement, Staff
approves the request for Alternative Compliance with the following provisions:
a. For the office lot, the landscape buffer at the west property line, adjacent to the
parking area should be increased to, at minimum, 10 feet wide and shall contain
two additional trees.
b. The landscape buffer may be reduced to a minimum of 5-feet wide along the
eastern property line, as shown on the landscape plan.
• Coordinate a tree mitigation plan with Elroy Huff of the Meridian Parks
Department.
A written certificate of completion shall be prepared by the landscape architect, designer,
or qualified nurseryman responsible for the landscape plan and subrxutted prior to City
Council signature of the Final Plat.
Submit ten (10) revised copies of the landscape plan with the changes listed above na later than
ten (10) days prior to the hearing before City Council.
Exhibit $
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH I5, 2007
1.2.7 Perimeter fencing is not shown on the submitted landscape plan or preliminary plat. The
Applicant shall submit a detailed fencing plan with the final plat application for the subdivision..
If permanent fencing is not provided, temporary construction fencing to contain, debris must be
installed around the perimeter prior to issuance of a building permit. All perimeter fencing must
be completed prior to issuance of building permits. Fencing must taper down to a 3 foot
maximum within 20 feet of all rights-of-way. All fencing shall be installed in accordance with
UDC 11-3A-7.
1.2.8 The existing structure that is to remain shall comply with the dimensional standards (setbacks,
house size, etc.) of the L-O zone. Prior to signature of the final plat, all other structures that do
not meet the dimensional standards should be removed.
1.2.9 Maintenance of all common /landscaped areas shall be the responsibility of the Grau Subdivision
Homeowners /Business Owners Association.
1.3 GENERAL REQUIREMENTS--PRELIMINARY PLAT
1.3.1 Sidewalks/walkways shall be installed within the subdivision and on Cherry Lane pursuant to
UDC 11-3A-17.
1.3.2 All lot lines common to a public right-of--way shall reserve a 10' utility easement.
1.3.3 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11.
1.3.4 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 ar well source is not available, asingle-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.
1.3.5 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as
noted in this report, shall be submitted for the subdivision with the final plat application. Where
the Applicant has submitted a preliminary landscape plan and where Staff has reviewed such
plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed
by Staff.
1.3.6 The Applicant shall submit a fencing plan with the final plat application for the subdivision. If
permanent fencing is not provided, temporary construction fencing to contain debris must be
installed around the perimeter prior to issuance of a building permit. All fences shall taper down
to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in
accordance with UDC 11-3A-7.
1.3.7 Any tree over 4" in caliper that is removed from the property shall be replaced by installing
additional trees, being the equivalent number of caliper inches of trees that were removed.
Required landscaping trees will not be considered as replacement trees for those trees that have tp
be mitigated.
1.3.8 Staffs failure to cite specific ordinance provisions or terms within the approved annexation /
preliminary plat does not relieve the Applicant of responsibility for compliance.
1.3.9 Preliminary plat approval shall be subject to the expiration provisions set Earth in UDC 11-6B-7.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is being proposed via extension of mains in W. Cherry
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 1 S, 2007
Lane. The Applicant shall install mains to and through this subdivision; applicant shall coordinate
main size and rauting with the Public Works Department, and execute standard farms 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 zxtaterials
shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2.2 Water service to this site is being proposed via extension of mains in W. Cherry Lane. The
Applicant shall be responsible to install water mains to and through this development, coordinate
main size and routing with Public Works.
2.3 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).
2.4 The Applicant shall be required to install a pressurized irrigation system to all lots in this
subdivision using surface water as the source. If the Applicant does not have any existing surface
water they shall present the documentation to the Public Works Department a zxunimum of 10-
days prior to the City Council hearing on this project so they can officially request a waiver an
this condition.
2.5 If the City Council waives the requirement fox a pressurized irrigation system in this development
they shall be responsible for the payment of well development fees prior to signature on the final
plat by the City Engineer.
2.6 if the required pressurized irrigation system in this development is to be owned and maintained
by the Homeowner's Association then plans will be reviewed and approved as part of the
construction plan approval. A draft copy of an operations and maintenance manual shall be
submitted prior to construction plan approval.
2.7 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, asingle-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 Gammon areas prior to signature on the
final plat by the City Engineer.
2.8 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.
2.9 Meridian Public Works specifications da 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.
2.10 Any existing domestic wells and/or septic systems within this project shall be removed from
domestic service per City Ordinance Section 9-1-4 and 9-4-5. Wells zxtay be used for non-
domestic purposes such as landscape irrigation.
2.11 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that
intersect, crass 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.
2.12 Street signs are to be in place, water system shall be installed and activated, sewer system shall
have passed air-testing and video inspection, fencing installed, drainage lots constructed, road
base approved by the Ada County Highway District and the Final Plat far this subdivision shall
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OP MARCH 15, 2007
be recorded, prior to applying for building permits.
2.13 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
required improvements prior to signature on the final plat. These include but are not limited to,
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, and water.
2.14 All development improvements, including but not limited to sewer, fencing, micropaths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.15 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.
2.16 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.
2.17 Applicant shall be responsible for application and compliance with and NPDES Permitting that
maybe required by the Environmental Protection Agency.
2.1$ Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.19 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes
are located on ar near sidewalk the applicant shall comply with all American with Disabilities Act
requirements for unobstructed sidewalk access.
2.20 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.
2.21 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 1-foot above.
2.22 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public
residential streets. Twa-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 the 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 Fublic 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 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 an corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
£ Fire hydrants shall be place 18" above finish grade.
g. Fire hydrants shall be provided to meet the requirements of the 1FC Section 509.5.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 15, 2007
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 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required
to have an approved turnaround. Phasing of the project may require a temporary, approved
turnaround on streets greater than 150 feet in length with no outlet.
3.4 All entrance and internal roads, and cul-de-sacs shall have a turning radius of 28' inside and 48'
outside radius.
3.5 Private Alleys and Fire Lanes shall have a 24-foot wide improved surface capable of supporting
an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D,
Section D103.6 -Signs.
3.6 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.
3.7 Commercial and office occupancies will require afire-flow consistent with the International Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
3.8 Maintain a separation of 5' from the building to the dumpster enclosure for .
3.9 All portions of the buildings located within this development must be within 150' of a paved
surface as measured around the perimeter of the buildings.
3.10 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 ix! 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
rn).
b. For buildings equipped throughout with an approved automatic sprinkler system installed
in accordance with Section. 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600
feet (183 m).
4. POLICE DEPARTMENT
4.1 The proposed development shall limit landscaping shrubs and bushes to species that do not
exceed two feet in height. Trees shall have a canopy of no less than six feet.
5. PARKS DEPARTMENT
5.1 Standard for Mitigation of Trees: The standard established in the City of Meridian Landscape
Ordinance (UDC 11-3B-10) will be followed.
5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in
the City of Meridian Landscape Ordinance (UDC 11-38-10) will be followed.
G. SANITARY SERVICES COMPANY
6.1 Prior to submittal for a Certificate of Zoning Compliance, the Applicant shall submit an approved
site plan from SSC.
6.2 The Saxutary Services Company requests that the Applicant provide a turnaround on-site with a
minimum 50-foot turning radius.
7. AAA COUNTY HIGHWAY DISTRICT
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OP MARCH 15, 2007
7.1 SITE SPECIFIC REQUIREMENTS
7.1.1 Construct a private road intersecting Cherry Lane at the northeast property line, pave the private
road a minimum 30-feet into the site and construct the private road not wider than 24-feet.
7.1.2 Cherry Lane is classified as an arterial roadway: all access points to Cherry Lane will be closed
except the access specifically approved with this application: direct lot access to Cherry Lane is
prohibited.
7.1.3 Comply with all Standard Conditions of Approval.
7.2 GENERAL REQUIREMENTS
7.2.1 Existing irrigation facilities shall be relocated outside of the right-o£ 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 maybe damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.2.5 Comply with the District's Tree Planter Width Interim Policy.
7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
7.2.8 The Applicant shall submit revised plans for staff approval, prior to issuance of building permit
(or other required permits), which incorporates any required design changes.
7.2.9 Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
7.2.10 Payment of applicable road impact fees is required prior to building construction in accordance
with Ordinance #200, also known as Ada County Highway District Road 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 ACRD 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 coxnprorxxised 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
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING BATE OF MARCH 15, 2007
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.
8. SETTLER'S IRRIGATION DISTRICT
8.1 All irrigation /drainage facilities along with their easements must be protected and continue to
function.
8.2 A Land Use Change Application must be on file prior to any approvals.
8.3 A license agreement MUST be signed and recorded prior to construction of any S.T.D. facilities.
8.4 Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be
approved by Settlers Irrigation District.
8.5 All storm drainage must be retained on-site.
8.6 The development must supply irrigation access to all lots within the above-mentioned
subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and
maintain the pressure irrigation system an agreement needs to be in place prior tp the pre-
construction meeting.
.Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF ]ULY 20, 2006
C. Legal Description and Annexation Map (Not Approved)
BOUNDARY
DESCRIPTION FOR
GRAD SUBDIVISION
JANUARY 15, 2007
A PORTION OF THE NE 1/4 OF TWf= NW 1/4 OF SECTION 10, TOWNSHIP 3 NORTH,
RANGE 1 WEST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 10, T.3 N., R.1 W.,
B.M., THENCE S 89°44'11" E 2195.88 FEET ALONG THE NORTH LINE OF SAID
SECTION 10 TO A POINT;
THENCE S 00°25'12" W 44.80 FEET TO THE REAL P T OF Bi:GINNiNG OF THIS
DESCRIPTION;
THENCE= S 89°44'11" E 125.23 FEET ALONG THE 50UTH RIGHT OF WAY OF
CHERRY LANE TO A POINT;
THENCE S 00°32'28" E 342.00 FEET TO A POINT;
THENCE N 88°52'03° W 130.98 FEET TO A POINT;
THENCE N 00°25'12" E 339.98 FEET TO THE REAL POINT_ QF BEGINNING OF THIS
DESCRIPTION; ~~
THIS PARCEL CONTAINS 1-00 AGRES, MORE OR LESS, AND IS SUBJECT TO ALL
EXISTING EASEMENTS AND RIGHTS OF WAY.
MICHAEL E. MARKS P.L.S. N0.4998
R ROYAL
sv
GR,iDIaN PU~U~G
r~~^.vu.5 DEPT-
19bA~1-SUB.doc
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7ULY 20, 2006
oESCRI~TION 1=oR
GRAD SU9DIVISION
REZONE
ZQNE LO
JANUARY 15, 2007
A PORTION OF THE NE 1/4 OF THE NW 1/4 01= SECTION 1Q, TOWNSHIP 3 NORTH,
RANC3E 1 WEST OF THE 6015E MERIDIAN, MERIDIAN, AD COUNTY, IDAHO,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ~
COMMENGINC3 AT THE NORTHWEST CORNER OF SECTION 10, T.3 N., R.1 W.,
B.M., THENCE S 89°44'1 i" E 2195.88 FEET ALONG THE'NO~TH LINE OF SAID
SECTION 10 TO A POINT;
THENCE S 00°25'12" W 44.80 FEET TO THE REAL. POINT O~ BEGINNING OF THIS
DESCRIPTION;
THENCE S t39°44'11" i* 95.23 FEET ALONG THE SOUTH RI HT pF WAY OF
CHERRY LANE TO A POINT,
THENCE S 00°$2'28`' E 143.64 FEET TO A POINT,
THENCE S 89°2T32" W 97.65 FEET TO A POINT,
THENCE N QO°25"12" E 145.00 FEET TO THE d OF THIS
oESCRIPTtON;
THlS PARCEL CONTAINS 0.32 ACRES, MORE OR LESS, ANp 15 SU6JECT TD ALL
EXISTING EASEMENTS AND RIGHTS OF WAY. II
MICHAEL E. MARKS P.L.S. N0.499~
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19b44-ZQNE LO.doc
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006
l7ESCRIPTiON FQR
t3RAU SUADIVISI~N
AhINEXATI~N AND REZONE
ZONE R8
JANUARY 15, 2007
A PORTION OF THE NE 1/4 OF THE NW 1/4 OF SECTION 10, TOWNSHIP 3 NORTH,
RANGE 1 WEST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTI', IDAHQ
BEINQ AAORE PARTICULARLY DESCRIBED A$ FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 1p, T.3 N., R.1 W.,
B.M., THENCE S 89°44'11° E 2195.88 FEET ALONG THE NORTH LINE OF SAID
SECTION 10 TO A POINT;
THENCE S 00°25'12" W 188.80 FEET TO THE REAL POINT ~F" B~~3JNNING OF THIS
DESCRIPTION;
THENCE N 89°27'32" E 97.65 FEET TO A POINT;
THENCE N QO°32'28° W 143.64 FEET TO A POINT ON THf= SOUTH RIGHT OF WAY
OF CHERRY LANE;
THENCE S 89°44'11 ° E 30A0 FEET ALONG THE SOUTH RIGHT OF WAY OF
CHERRY LANE TO A POINT;
THENCE S pp°32'28° E 342.00 FEET TO A POINT;
THENCE N 88°52'p3" W 130.98 FEET TO A POINT;
THENCE N 00°25'12" E 194.98 FEET TO THE ~EA~QINT OF ~EGINNING'OF THIS
DESCRIPTION;
THIS PARCEL CONTAINS 0.68 ACRES, MORE OR LESS, AND IS SUBJECT TO ALL
EXISTING EASEMENTS AND RIGHTS OF WAY.
MICHAEL E. MARKS P.L.S_ NO.4998
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_ 19b4q~-ZONB RB.doc
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE pF JULY 20, 2006
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REZONE EXHIBIT FOR
GRAU SUBDIVISION
IN SECTION 1Q, T.3 N~., R.1 W.., B.M_
MERIDIAN, ADA COUNTY, IDAHO
Aifll f DATE: 1 / 15/07 E SCAB: M'S
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.Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING BATE OF 7ULY 20, 2006
D. Required Findings from the UDC
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:
a. The map amendment complies with the applicable provisions of the Comprehensive Plan;
The Applicant is proposing to zone the subject property R-8 (Medium Density Residential) and
L-O (Limited Office). Staff fmds that the proposed zoning map amendment generally complies
with the applicable provisions of the Comprehensive Plan, if the Commission and Council find
that the zoning designations of L-O and R-8 are appropriate for this site. Please see
Comprehensive Plan Policies and Goals, Section S, of this Staff Report.
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
Staff finds that office uses are allowed within the requested zoning district of L-O. Staff further
finds that single-family residences are allowed within the requested zoning district of R-8 as a
Principally Permitted Use. The accompanying plat demonstrates the land will be developed with
varying lot sizes and other dimensional requirements which conform to the proposed zoning
designations.
c. The map amendment shall not be materially detrimental to the public health, safety, and
welfare;
Staff recognizes that traffic and noise may increase with the approval of this proposal. However,
Staff does not believe that the amount generated will be detrimental to the general welfare of the
public.
Staff fmds that the proposed zoning amendment will not be detrimental to the public health,
safety, or welfare. However, Staff recommends that the Commission and Council rely on any oral
or written testimony that may be provided when determining this finding.
d. 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 finds that the proposed zoning amendment will not result in any adverse impact upon
delivery of services by any political subdivision providing services to this site, as conditioned in
the staff report.
e. The annexation is in the best of interest of the City (LTDC 11-SB-3.E).
Staff finds that all essential services will be provided by the developer to the subject property and
will not require unreasonable expenditure of public funds. The Applicant is proposing to develop
the land in general compliance with the City's Comprehensive Plan and this is a logical
expansion of the City limits. Staff finds that Annexation and Zoning of tLis property to L-O
R-8 would be in the best interest of the City.
2. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the
decision-making body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan;
Staff finds that the proposed application is generally compatible with the adopted Comprehensive
Exhibit D
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006
Plan. Staff supports the proposed density and proposed plat layout, with recommended changes,
as they generally comply with the provisions of the Comprehensive Plan. Please see
Comprehensive Plan Policies and Goals, Section 8, of the Staff Report.
b. Public services are available or can be made available and are adequate to accommodate
the proposed development;
Staff finds that public services can be made available to accommodate the proposed development.
(See finding Items 3 and 4 above under Annexation bindings for more details)
c. The plat is in conformance with scheduled public improvements in accord with the City's
capital improvement program;
Because the developer is installing sewer, water, and utilities for the development at their own
cost, Staff finds that the subdivision will not require the expenditure of capital improvement
funds.
d. 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 (i.e., police, fire, ACRD, etc.) to determine this fording. (See Exhibit B, Agency
Comments and Conditions, for more detail)
e. The development will not be detrimental to the public health, safety or general welfare; and
Staff is not aware of any health, safety, or envirorunental problems associated with the
development of this subdivision that should be brought to the Council or Commission's attention.
ACRD 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.
h The development preserves significant natural, scenic or historic features.
Staff is unaware of any natural, scenic, or historic features on this site. Therefore, Staff fords 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.
3. Private Street Findings:
a. The Design of the private street meets the requirements of this Article;
The Applicant will have to certify that the Ada County Street Naming Conunittee will accept the
proposed private street name. The design of the streets shall meet the standards as set forth in
UDC 11-3F-4. No gates are allowed. Roadway and storm drainage shall be contained on site.
b. Granting approval of the private street would not cause damage hazard, or nuisance, or
other detriment to persons property, or uses in the vicinity; and
Staff does not anticipate any hazard, nuisance or other detriment from the private street if it is
constructed and maintained as designed, with modifications as outlined in this report.
c. The use and location of the private street shall not conflict with the Comprehensive Plan
and/or the regional transportation plan.
Exhibit D
CITY OF MERIDIAN PLAN'NTNG DEPARTMENT STAFF REPORT FQR THE HEARING DATE OF JULY 20, 2006
Staff finds that the location of the private street does not conflict with the Comprehensive Plan
and/or the regional transportation plan.
4. Alternative Compliance Findings (UDC1 I-SB-SE):
a. Strict adherence or application of the requirements are not feasible; OR
UDC 11-2B-3A-1 requires a 20-foot wide land use buffer between commerciaU office uses and
residential uses. However, due to size constraints of the subject property, which totals 125 feet,
installation of 20-foot landscape buffers at the east and west property lines (or 40 feet of
landscaping in total) would not allow for efficient redevelopment of the site. By the time the
Applicant constructs an approximately 30-foot wide private street including sidewalk, and the
width of the home is accounted for, which measures approximately 75 feet wide, only 15-20 feet
of property remain for both landscaping buffers. Therefore, Staff finds that strict observance of
Meridian's landscaping standards is not feasible.
b. The alternative compliance provides an equal or superior means for meeting the
requirements; and
Staff determines this finding not applicable to the subject applications.
c. The alternative means will not be materially detrimental to the public welfare or impair the
intended uses and character of the surrounding properties.
Staff determines this finding not applicable to the subject applications.
Exhibit D