HomeMy WebLinkAboutGrau Subdivision AZ-07-003 PP-07-005 PS-07-001 ALT-07-001
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
o((crldi!'4 \
\ ll)i\HO ~
;..
In the Matter of 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 (Medium Density Residential) district
for 0.68 acres AND Preliminary Plat approval of 1 office lot in the proposed L-O zone and
3 single-family building lots in the proposed R-8 zone AND construction of a private road
AND Alternative Compliance to the landscaping standards for Grau Subdivision, by
Stanley Consultants
Case No(s). AZ-07-003, PP-07-005, PS-07-001, & ALT-07-001
For the City Council Hearing Date of: April 17, 2007 (Continued from April 10, 2007)
Findings on the May 1, 2007, City Council agenda
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of April 17, 2007,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of April 17, 2007,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of April
17,2007, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of April 17, 2007, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. 967-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER
CASE NO(S). AZ-07-003, PP-07-005, PS-07-001, & ALT-07-001
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code S
ll-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description, Preliminary Plat, and the
Conditions of Approval all in the attached Staff Report for the hearing date of April 17,
2007, incorporated by reference. The conditions are concluded to be reasonable and the
applicant shall meet such requirements as a condition of approval ofthe application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code S 11-5A and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The Applicant's Preliminary Plat, as evidenced by having submitted the Preliminary
Plat, REVISED April 2, 2007, is hereby conditionally approved;
2. The Applicant's Landscape Plan, as evidenced by having submitted the Landscape
Plan, REVISED April 8, 2007, is hereby conditionally approved with the following
modification: That the Applicant install permanent perimeter fencing around the
proposed subdivision.
3. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of April 17, 2007, incorporated by reference.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration:
Please take notice that approval of a preliminary plat, combined preliminary and final
plat, or short plat shall become null and void if the applicant fails to record a final plat
within two (2) years of the approval of the preliminary plat or one (1) year of the
combined preliminary and final plat or short plat. In the event that the development of the
preliminary plat is made in successive phases in an orderly and reasonable manner, and
conforms substantially to the approved preliminary plat, such segments, if submitted
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER
CASE NO(S). AZ-07-003, PP-07-005, PS-07-001, & ALT-07-00I
within successive intervals of eighteen (18) months, may be considered for final approval
without resubmission for preliminary plat approval. Upon written request and filed by the
applicant prior to the termination of the period in accord with 11-6B-7.A, the Director
may authorize a single extension of time to record the final plat not to exceed eighteen
(18) months. Additional time extensions up to eighteen (18) months as determined and
approved by the City Council may be granted. With all extensions, the Director or City
Council may require the preliminary plat, combined preliminary and final plat or short
plat to comply with the current provisions of Meridian City Code Title 11. If the above
timetable is not met and the applicant does not receive a time extension, the property
shall be required to go through the platting procedure again.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis. Such
request must be in writing, and must be filed with the City Clerk not more than twenty-
eight (28) days after the final decision concerning the matter at issue. A request for a
regulatory takings analysis will toll the time period within which a Petition for Judicial
Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian. Pursuant to Idaho Code S 67-6521, an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of a
conditional use permit approval may within twenty-eight (28) days after the date of this
decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Attached: Staff Report for the hearing date of April 17, 2007
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER
CASE NO(S). AZ-07-003, PP-07-005, PS-07-001, & ALT-07-001
By action of the City Council at its regular meeting held on the
/J'l ~7 ' 20070
If?
COUNCIL MEMBER DAVID ZAREMBA
VOTED~
VOTED~
VOTED~
VOTED~
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
TIE BREAKER
MAYORTAMMYdeWEERD
--
VOTED
/
ATTEST:
MAYO~\ .'.. fl,~~,et)YEERD
", _I - "'1(,)" 1,,/
........." :'\ ~ .~:..,.~c;r;~ ";j.;..
~ 0 .of.e0ft.4 7"'''J''V -:;.
~ ',0 "'0 -;
..... ~ .~
OK ~'L c:.
~j ..,,;:,.1'... :;:
_..,. ~J::;
RlC (.h .f.$',I r' ~""
~ _ .;j,t,,, _ / ''',) ",
~'^ '-',"''''' ~ ,'c ., J'.o ''".
--:.. v ....... ....)1 J~\ ".,.. t'r~~~. .~
.~, ':Pf ---.--------- ,.'V~ ,<'
~"" ("I,. \~}' ........1.
'// .r'~',:'.rr, ".
11/1 ....C(l',,:i~. t ~\\'
'fl/!Ui11l nl\\\\\\
Copy served upon:
V Applicant
v""" Planning Department
v Public Works Department
V City Attorney
By:, ~},JA~O~
CItY Clerk's Office
Dated: S-~-Ol
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER
CASE NO(S). AZ.07-003, PP-07-005, PS-07-001, & ALT-07-001
day of
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17,2007
STAFF REPORT
Hearing Date: 4/1 7/2007
Continued From: 4/1 0/2007
TO:
FROM:
Mayor & City Council
Amanda Hess, Associate City Planner
(208) 884-5533
",-0 /' 'rr:~ .~"
'0IVltJridz:n~ '<
mAt!o
SUBJECT:
Grau Subdivision
. AZ-07 -003
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 (Medium 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
I. 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 1 common lot in the proposed L-O zone, and 3 single-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 ~ mile east of Black Cat Road
in Section 10, Township 3 North, Range 1 West, RM., and is currently referenced as Assessor's Parcel
Number S1210212465. 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
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 HEARING DATE OF APRIL 17,2007
Department for concurrent review. Staff has provided a detailed analysis and recommended conditions of
approval for the requested Annexation and Zoning, Preliminary Plat, Private Street, and Alternative
Compliance applications. Staff is recommending approval of the proposed Grau Subdivision subject to
the conditions listed in Exhibit B of the Staff Report.
The Meridian Plannine: and Zonin!! Commission heard this proiect on March 15.2007. At the public
hearin!! thev moved to recommend approval to the City Council.
a. Summary of Public Hearin!!:
i. In favor: Kandi Hall (Applicant's Representative), Larry Tavlor (Developer), Bill
Grau (Property Owner)
11. In opposition: None
iii. Commentinl!: None
IV. Written testimony: None
v. Staffpresentinl! application: Amanda Hess
vi. Other Staff commenting on application: None
b. Key Issues of Discussion by Commission:
i. Fencinl! - Applicant has agreed to install any necessary perimeter fencinl! to match
that of the adiacent properties
ii. Relocating the internal sidewalk from the east side of the buildinl! to the west
c. Key Commission Chane:es to Staff Recommendation:
i. The Applicant shall provide sidewalk which extends from the proposed office
buildinl! out to Cherry Lane to be located at the west side of the buildinl!
d. Outstandin!! Issue(s) for City Council:
i. The Commission did not make a motion to require the installation of perimeter
fencing. as agreed to by the Applicant
ii. The Applicant has provided Staff with the revised preliminary plat and landscape
plan. The updated plans are included and evaluated in the staff report.
The Meridian Citv Council heard these items on ADril 10. and ABril 17. 2007, At the ADril17. 2007.
DuhHc hearing thev aDDroved the subiect annlications,
a. Summarv of City Council Public Hearinp":
i. In favor: ..WendY... Kirkoatrick (Applicant's Representatiw.i Bill Grau _(Proyertv
Owner)
11. In OPpQsitllm;. None
iii. Commentim!: None
IV. Written testimonv: None
v. Staff nresentinl! application: Anna Canninl!
vi. Oth~r staff commentinl! on application: None
b. Kev Issues of Discussion bv Council:
i. Applicant's reauest to en~lose / convert the caroort to bec.Qwe part ofth~ existinl!
buildinl!
c. Kev Council Chanp"es to Commission Recommendation:
i. The Applicant shall provide perim~ter fencinl! around the subdivision
3. PROPOSED MOTIONS
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Numbers AZ-07-003
and PP.07 -005 (PS-07 -001 & AL T -07 -001 optional) as presented in the staff report for the hearing date of
April 17, 2007, with the following modifications to the conditions of approval: (Add any proposed
modifications. )
Grau Subdivision - AZ-07-003, PP-07-005, PS.07-001, & ALT-07-001
Page 2
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Numbers AZ-07-003 and
PP-07-005 (PS-07-001 & ALT-07-001 optional) as presented during the hearing on April 17, 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 -005 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, ill 83642
Section 10, T3N, R1 W
b. Applicant:
Stanley Consultants
1940 South Bonito Way, Suite 140
Meridian, ill 83642
c. Owner:
Bill Grau
413 5 West Cherry Lane
Meridian, ill 83642
d. Representative: Kandi Hall, Stanley Consultants
e. Present Zoning: R1 (Ada County)
f. Present Comprehensive Plan Designation: Medium Density Residential
g. Description of Applicant's Request:
1. Date of Preliminary Plat (See Exhibit A): Dated. JaBl:laf)' 30, 2007 REVISED April 2. 2007
2. Date of Landscape Plan (See Exhibit A): Dated. JatRiary 31,2007 REVISED April 8. 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 and commercial;
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 and 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 landscapingd
Grau Subdivision - AZ-07-003, PP-07-005, PS-07-001, & ALT-07-001
Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17,2007
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 any
other conditions the City may require.
We are also submitting a private street application, as Staff recommended this would be the most
appropriate way to gain access to a commercial site.
We wish to meet all of the City's requirements.
5. PROCESS FACTS
a. The subject application will, in fact, constitute an annexation and/or rezone, as determined by City
Ordinance. By reason of the provisions of the Meridian City Code, Title 11, 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 detennined 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.
c. The subject application will, in fact, constitute a private street, as detennined by City Ordinance. By
reason of the provisions of the Unified Development Code Title 11, Chapter 5, a public hearing is
required before the City Council on this matter.
d. The subj ect application will, in fact, necessitate alternative compliance, as detennined by City
Ordinance. By reason of the provisions of the Unified Development Code Title 11, Chapter 5, a public
hearing is required before the City Council on this matter.
e. Newspaper notifications published on:
February 26,2007, & March 12, 2007 (Planning & Zoning Commission)
March 19.2007, & March 2.2007 (City Council)
f. Radius notices mailed to properties within 300 feet on:
February 16, 2007 (Planning & Zoning Commission)
March 16,2007 (City Council)
g. Applicant posted notice on site by:
March 5,2007 (Planning & Zoning Commission)
March 31. 2007 (City Council)
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: Cherrywood Village Subdivision, zoned R-8
4. West: Cherrywood Village Subdivision, zoned R-8
d. History of Previous Actions: N/A
Grau Subdivision- AZ-07-003, PP-07-005, PS-07-00I, & ALT-07-001
Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17,2007
e. Existing Constraints and Opportunities:
1. Public Works
Location of sewer: There is sewer available in W. Cheny Lane.
Location of water: There is water available in W. Cheny 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 lot 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 requirement 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. CanalslDitches/hrigation: 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
8. Gross Density: ~4.0 units per acre
9. Lot Sizes: Lot sizes range from 4,860 square feet for the office lot to approximately 11,175 square
feet. The average lot size is approximately 9,125 square feet.
g. Landscaping:
1. Width of street buffer(s): Cheny 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 Cheny Lane.
2. Width ofbuffer(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 11-2B-3). The applicant has submitted an alternative compliance application regarding
the landscaping to adjoining uses. See below for analysis.
3. Percentage oflandscaped 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.
Grau Subdivision - AZ-07-003, PP-07-005, PS-07-001, & ALT-07-001
Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17,2007
h. Off-Street Parking (Non-Residential Uses)
1. Parking spaces required: UDC ll-3C-6B establishes nnmmum 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
5. 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.
1. 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 Y2 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 Exhibit B-7)
7. COMMENTS MEETING
On February 23,2007, Planning 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 recommended
actions as Conditions of Approval in the attached Exhibit B.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map.
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 pennitted."
Staff finds that the subject property has frontage on an arterial street, Cherry Lane, and is less than 3 acres in
size (1.0 acres). According to Resolution No. 04.454, the subject parcel is eligible for an office use/zone, ifthe
Commission and Council find the zoning is appropriate for this site.
Staff finds the following 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 plaIllled for the
provision of all public services.
When the City established its Area of City Impact, it planned to provide City services to the subject
property. The City of Meridian plans to provide municipal services to the lands proposed to be
annexed in the following manner:
. Sanitary sewer and water service will be extended to the project at the developer's expense.
Grau Subdivision - AZ.07-00$, PP-07-005, PS-07-001, & ALT-07-001
Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17,2007
. 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 sen>iced 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 sen>ice will not change.
. The subject lands are currently sen>iced by the Meridian School District #2. This sen>ice will
not change.
. The subject lands are currently sen>iced by the Meridian Library District. This service will not
change and the Meridian Library District should suffer no revenue loss as a result of the
subject annexation.
Municipal, fee-supported, sen>ices 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 IO, for 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 IV, Objective C, Action I * 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 Chenywood Village Subdivision. The existing
residence to the northeast, sited on a I-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 note 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 office 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 IO, for more information regarding alternative compliance.
. Require street connections between subdivisions at regular intervals to enhance connectivity and better
traffic flow (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.
Grau Subdivision - AZ.07-003, PP-07-005, PS-07-001, & ALT-07-001
Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17,2007
Staff finds that the proposedR.a 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 users).
9. ZONING ORDINANCE
a. Zoning Schedule of Use Control
1. R-8 Districts: UDC 11-2A-2lists single-family dwellings as a Pennitted Use in the R-8 zone.
2. L-O Districts: UDC Table 11-2B.2 lists several uses as pennitted and conditional uses in the L-O
zoning district. UDC 11-5B-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
1. 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 pennit 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 findings for annexation.
Legal Description: The annexation legal description submitted with the application (prepared by
Michael Marks, PLS, on April 4, 2007, and Apri110, 2007) shows the property as contiguous to the
existing corporate boundary of the City of Meridian. Ho'.vever, the legal description sh0ws the R g lots
g0iR-g 0l:lt to Cherry Laae. Staff is recommeadiag that the flag portioRs for the l0ts ZaRed R 8 stop at
the SOlHOOm. bmmdary of the pri-fate street serviRg the offiee lot. Therefore, the legal deseriptioa
should he revised so that the offiee users do Bot have to driYe aeross the R S lots for aeeess to the
offiee lot. The ;\-pplieaBt should submit a re..<ised legal deseriptioB for this site prior to the City
CouBeil heariBg.
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.u
Special Considerations:
Grau Subdivision - AZ-07-003, PP-07-005, PS-07-00I, & ALT-07-001
Page 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17,2007
Development Agreement: UDC 11-5B-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 Conumssion 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 888-4433 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 findings 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 ACHD 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 I-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 ACHD 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 a cross-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 final 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 [mal plates)
(ODC 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 11-3F-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 tenninus of the commercial private
street senring 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.
Grau Subdivision - AZ-07-003, PP-07-005, PS-07-001, & ALT-07-001
Page 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17,2007
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 conunon
driveway easement or property lines, whichever is more restrictive. Further, ODC 11-3C-6
requires every single-family dwelling to have a two-car garage and a 20' x 20' parking pad on the
lot. The asphalt for the common driveway should not count towards the required parking pad area.
Comply with all common driveway provisions listed in ODC 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 April 8 January 31, 2007. The plan shall demonstrate compliance with the
following standards.
The Applicant is proposing a 25-foot wide landscape buffer along Cherry Lane, an arterial
roadway. Staff is generally supportive of the proposed landscape buffer. All landscaping along
Cherry Lane should conform to the requirements of ODe 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 18 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-8C-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 (ODC 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-l requires a 20-foot wide land 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 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 ofthe 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 buffer adjacent to the private street, as it will help to mitigate
the effects resulting from increased traffic to the subject site.
Grau Subdivision- AZ-07-003, PP-07-005, PS-07-001, & ALT-07-00J
Page 10
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17,2007
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 findings.
5. Uses: Professional and sales offices, laboratories, health care services, and medical clinics are
some of the most conunon 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 reconunendation is intended to protect the neighbors from more intense
conunercial uses that could potentially take place on this property, and to ensure that the intent of
Resolution No. 04-454 (light office, lowpimpact businesses, etc.) is upheld.
6. 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, a single-
point cOIUlection to the culinary water system shall be required. If a single-point cOlU1ection is
utilized, the developer will be responsible for the payment of assessments for the conunon areas
prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation
system should be installed to all landscape areas per the approved specifications and in accordance
with UDC ll-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. Fencing 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 irrigation ditches, laterals, or canals,
exclusive of natural waterways and waterways being used as amenities, which intersect, cross or
lie within the area being subdivided shall be covered.
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
Page 11
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17,2007
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 Elroy 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.) ofthe L-Q zone.
Prior to signature of the final plat, all other structures that do not meet the dimensional standards
should be removed.
12. Certificate of Zonine ComDliance: The puroose of a Certificate of Zoning Compliance (CZC)
permit is to ensure that all construction. alterations and/or the establishment of a new use complies
with all of the provisions of the UDC before any work on the structure is started and/or the use is
established (UDC 11-5B-lA). Therefore, to ensure that the conditions of approval as listed in
Exhibit B are complied with, the Applicant will be required to obtain CZC approval from the
Planning Department prior to buildine: / parking construction for the office lot. All improvements
must be installed prior to occupancy.
b. Staff Recommendation: Based on the above analysis, Staff finds that applications AZ-06-064, PP-06-
065, PS-07-00l, and ALT-07-00l 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. The Meridian Plannine and Zonine Commission heard this
Droiect on March 15. 2007. At the Dublic hearine they moved to recommend aDnroval to the City
Council. The Meridian City Council heard these items on Anrill0. and Anril17. 2007. At the
ADril 17. 2007. nublic hearinp thev moved to annrove the subiect AZ. PP. PS. and AT.T
annlications.
11. EXHmITS
A. Drawings
1. Vicinity Map
2. Preliminary Plat (Dated Jaauary 30, 2007 REVISED April 2, 2007)
3. Landscape Plan (Dated lanaai)' 31,2007 REVISED AprilS, 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
8. Settler's Irrigation District
C. Legal Description and Annexation Map (Net Approved)
D. Required Findings from Unified Development Code
Grau Subdivision - AZ-07-003, PP-07-005, PS-07-001, & ALT-07-00l
Page 12
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17,2007
A. Drawings
1. Vicinity Map
-~~l\JJI~!R ~~V' ~ ~ Z-'~I~~,J \ l :DJ
m i=:V /ilfTR -----. ~ -.
~:= J:' ~~~ ~ l-lo\ \ tl
-- _ ~"A =~>!~ ~:r. "'.!~ \\\1
T ~.lJ I J~~~ \\ 1 ~~ ';~ :le~ ~ ~ J,~ t2---+--~\~6~ ~
11[ I I I ~I I I I II I -- :;c<. ~~ ~ .::::1(~lWib
-:!:'l~4o(~~~; .\ ~Vlo.~,U ~ V >.\' ~:;O~~"--....;.- l"' \kW~~1 --1
;:::~~4 S' -~:~-l''o;'!'!..~~E r~ ~~rs= t"\\~ y \ ~
"\J.~r~~ ~I, ~J~rg~?( ~ ~.J.XZ I]~ ~I::
~~ I) II::: \\f 01] K /" ~ <(" I-
- t--.( '~-.'{,.'(:-~ '" ;=; ~ m,.. ~~ ~' ~ 0
f-- ~:,1~E':'-;t I I \./.;;:: -=f- Lt( [ffllJf/-... .. ;"-; .... Y ---tl ~ ~ ~"'.T (
k. : -- L ....,Ij;j' t;:: __ V ~I~l~.u~ ~
~: ~HIT I CH J ,\-r- -l!:, ~~ _ - Otol.... .A ~ ....I~~~(}h _
1-,1 I~r \\..- wI Ie: - 91~' ~ \>\ ~ Nh'- 'O'~
::z; - . >:7/\\'\'<" 'L L..I l""'" .;'l '} \
--.J I~' __ -I ::z; '= f~ T (1 ~~~~J-.-.rj]
~J 'f' TlI[ ~ ~I r ~Lr ~~r \ "I~!8TIIJ
L,.?;. A ~E.NC.RE.EKO "f:i !..S~U~'RiE.k ~ ~, D~
~IC:- = ~1 ~ ~ 'b Jl7) ~~ ~J\
O' ~
--3' mE l
-rrr ( I ~l I I I I r - I -- rYri d=fJm1 ~::-~
...J l - "\B!!!:JEC:RE.E. i-o-.... ~l)Ol..... ~
~ TT), iJ).... l' /R/ V~~~L ~~
';: I>~ CIIIl:3 - :i = ~ lG ~ rT.... I~~ ~,.- d)"/ N K ~~
...!iW, B.I ij.Ef:~' =., II-' .... .... ](I~~rI ~.~~P'C~-e-RI?;E -_I
;.',ttl T I LL.1 - ./7,\ /f g::' \~ ~ ~ ~r'"-'II~i,( -
LJ GILLE1T Q: - ~ ~ r'\." '
..... -.,;;: ..... J
"III ki:: i-. I~
~' 1-;) ig 6-,' ~'""-,!.,IJ~. T r--.r---r-
n ~ ~ :E: ~ "" i' -~ '= f"o-.~~tr
~... II::: -.y;:1 -I- ir1 .....
~ r ~ ~ I~ -~ -::3 1Pi-~ uJl:5:: ~,...........
..;. . ,;(::.."\ ~..., ....: I- ... "7'.1 _ ~ _ ~ "'
~~~ ~_iEi' LL. ~-" :9:
~~~~~ Ril :::~:' -.~..:::Zr
-
-
R.
I-f ~
-.:::~ u
-------......---~~
--u
::S
m
,. '.1'.'
'; ,'I i
," "
>, ..'" ...
:11.':;:,.... '
1~'::
~
T
R-
R~
Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17,2007
,
"
,
i
I
i
"
~
"'--/'" dl~::"''''''-'--''''-
:i wi - --
" "]1: .
r -
.1
I : I I
-,_ -"-'" I //1" ,J;-- - -
...,.... ...., ~,./'" .~""
'_'/';.:::::_L-----:- -----L- -==- ':""""':--::-",./ I
'/ ~~
,If _.;--- ---- --~ \' I
~. . r--'-~ ' :rl--
J \ '.
2. Preliminary Plat (Dated Jaffi:1ary 30, 2007 REVISED Antil2, 2007)
"""""~=r.: e' . '.
;UIiD-':. ~ .i\t~ ~1I'AIf.'. "
""t1!'al~~~t&i5~." .
...!..~'1l~~~" .. - -. .... . -'- .
:~~~..JIl~. ~~.
~1S osns. n"A:l'el
-~.
i
-f _ 1, i
,J. lllj'r<
tI .i I f - i . ~
f~.r . !hrJ' oJ;
J.Ulrun!n.1 lIt
.. II'j'llll .
f --, I . iTro' . ,-
Ii
-~ i;
fil J1
'~a
"Ii
'Ii 5-
] [ 1 I .it
fT------- I
I 1Di~ /
~"//
I /~,,;-,/;':',.
-,' t
I " ..
r'~ \
\l.
~
I'
II
!
, ,
\\
..-\\
~..../ "\',;."'...
f
f.
"'
I
...-
1"10." \.
: ,...
i\
II ~~--
i l_____
"'!. j.
.... ":r
Exhibit A
...
c; .~
:~
l
oii
;~~l
..hili
lb>u
h
:t!~
I
I
L
I
1
. _:
..-.....::~___ __..........r-=-......,
i
I
I
I
i
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17,2007
3. Landscape Plan (Dated JaBl:lat)' 31, 2007 REVISED April 8. 2007)
.'.
,," ..
Exhibit A
-- ...... '''--W
-... ....-""-
dflOUll tIDal S)j(I(JJH
NOISWUIffiS nVHO
JInoI. ~
I
.... .
10.
jj
"
I
I
J
". "
I J
I. I
Ii .1
I
'lit
I II
.
1i
~H~
.lOft4
I
I
01 I I
~ i '. J I I
to- I 1..1 1.11
~
~ !~,.. .....
I
II
I
!~ I
.at
~
~
. ,~--~-,
I. "
>' .
. ~
, I
,
.... ~=.'....
--.
€J
:1
.1'
~ \;
: i
...~
.~
I~I
!i
I~
I '
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17,2007
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 ANNEXATION COMMENTS
1.1.1 The annexation legal description submitted with the application (dated April 4, 2007, and April
10,2007, 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 pennit 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. The 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 pennitted 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 Pennitted
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 on 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 ACHD and the City.
. That prior to issuance of a Certificate of Zoning Compliance (CZC) pennit for any future
use, the Applicant agrees to provide Staff with a recorded copy of a cross-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.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 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 detennined during the plan review process.
1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT
1.2.1 The preliminary plat labeled as Sheet 01, prepared by Stanley Consultants, Inc., dated April 2
Jaffilary 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 for 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 10 H feet, 10 feet, and 10 feet for Lots 3,4, & 5, respectively.
1.2.5 UDC ll-3C-6 requires every single-family dwelling to have a two-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 ll-6C-3D.
1.2.6 The landscape plan prepared by Brooks Design Group, on April 8 Jaflliary 31, 2007, labeled
Sheet L1, is approved with the following modifications/notes:
· Install permanent perimeter fencinlZ around the proposed subdivis.lQIk
. 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 8idewallc: aleBg the private street shall
be a minimum of 5 feet wide, as measured inside curbing, and shall contain one (1)
tree and associated shrubbery / ground cover.
. 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 11-5B-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
one twe 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 submitted prior to City
Council signature of the Final Plat.
Sabmit tea (1 0) n~';4sed e0pies 0f the laasseape plan with the ebaages listed afl0Ve a0 later thafl
tea (10) days prior to the heariag bef0re City COl:m.eil.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17,2007
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 corrunon / 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 corrunon 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-ll.
1.3.4 The City of Meridian requires that pressurized irrigation systems be supplied by a yeaHound
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 corrunon 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 nwnber of caliper inches of trees that were removed.
Required landscaping trees will not be considered as replacement trees for those trees that have to
be mitigated.
1.3.8 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 forth 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 APRIL] 7,2007
Lane. 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 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 minimum of 10-
days prior to the City Council hearing on this project so they can officially request a waiver on
this condition.
2.5 If the City Council waives the requirement for 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, 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.
2.8 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC
shall be removed prior to signature on the [mal plat by the City Engineer.
2.9 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.
2.10 Any existing domestic wells andlor septic systems within this project shall be removed from
domestic service per City Ordinance Section 9-1A and 9-4-8. Wells may be used for noo-
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, 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.
2.12 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 for this subdivision shall
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17,2007
be recorded, prior to applying for building pennits.
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 Pennitting that
may be required by the Enviromnental Protection Agency.
2.18 Applicant shall be responsible for application and compliance with any Section 404 Pennitting
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 or 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 ofthe crawl spaces of homes is at least I-foot above.
2.22 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 the Subdivider's
expense. Typical locations are at street intersections andlor fire hydrants, and no further than 400'
distance in between locations. Final design locations and quantity are detennined after power
designs are completed by Idaho Power Company. The street light contractor shall obtain approval
from the Public Works Department, and pennit from Building Department prior to commencing
installations.
3. FIRE DEPARTMENT
3.1 Acceptance of the water supply for 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 Yz" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on comers when spacing pennits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be place 18" above finish grade.
g. Fire hydrants shall be provided to meet the requirements ofthe IFC Section 509.5.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17,2007
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 of28' 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 a frre-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 frre apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official. For buildings equipped
throughout with an approved automatic sprinkler system installed in accordance with Section
903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183
m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed
in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600
feet (183 m).
4. POLICE DEPARTMENT
4.1 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-1O) 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 11-3B-I0) will be followed.
6. 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 Sanitary Services Company requests that the Applicant provide a turnaround on-site with a
minimum 50-foot turning radius.
7. ADA COUNTY HIGHWAY DISTRICT
Exhibit B
7.1
7.1.1
7.1.2
7.1.3
7.2
7.2.1
7.2.2
7.2.3
7.2.4
7.2.5
7.2.6
7.2.7
7.2.8
7.2.9
7.2.10
7.2.11
7.2.12
7.2.13
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17,2007
SITE SPECIFIC REQUIREMENTS
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.
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.
Comply with all Standard Conditions of Approval.
GENERAL REQUIREMENTS
Existing irrigation facilities shall be relocated outside of the right-of-way.
Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of-way.
All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
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.
Comply with the District's Tree Planter Width Interim Policy.
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.
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.
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.
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.
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.
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.
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.
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
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17,2007
interest advises the Highway District of its intent to change the planned use of the subject
property unless a waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
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.I.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 to the pre-
construction meeting.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17,2007
C. Legal Description and Annexation Map (Net Approved)
ZONELO
APRIL10.~2001
APORTJON OF THE NE 1/4 OF 'THENW 1140FseCTION1Q. TOWNSHIPS NORTH,
RANGE 1 WEST OF THE BOISE MER'DtAN. MERfDIAN, ,ADA CQUNTY,ioAHO,
.BEING MORE PARTICUlARlY DESCRIBED AS FOLl.OWS; , " ,
COMMENCiNG AT THE NORTtiVVESTCORNER OF SECTION 10.T,a. N~. R 1 Vt.
BJA., THENCE S 69044'11- E 2195,,88 FEET ALONG THE NORTH UNEOFSAID
SeCTION 10 TOA POINT; " " '
THEN9ESJJO"2&12" W 25,00 'FEET TO THE REAL POIIfT OF BEG1NNtNGOF THIS
OESCRJPTtON; - ' ' '
THJ:NCE S 8.904411'1. E 124.90 FEET TOA POINT;
I;:
.
THENCE SOO~32'28" E 163,02 FEET TO A POINT:
THENCE s e9~21'32" W 121.65 FEET TO A POINT;
THENCE N 001125'12" E164,.80FEET TO THE REAL eoJNT ~F BEGiNNING OF THIS
DESCRIPTION; -
. .'. ..
THIS PARCEl. CONTAINS 0.475 ACRE$, MORE OR LESS. ANDIS SUBJECT to ALL
EXISTING 'EAsEMENTS AND RIGHTS OF WAY.
~~
APR 1;
MERlOlAN PUBLIC
WORKS OEPT.
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17,2007
~QNER8
APRIL 4.2007
Ii.. PORTION OF THE NE 1/4 OF THE NW 1/4 OF $'EQTIQN .10, TOWNSHIPS NORTH..
RANGE.1 WESTOF THE BOISE MER10tAN. MERIDIAN,.AOACOUNTY, IDAHO.,
BEING MOAEPART'ICULARLY .OESCRIBEDASFOlLOWS:
COMMENCING AT THE NORTHWEST CORNEROF~CTION10, T;.aN., R,1 W...
a.M" THENCES 89~44'11" E 2195.68 FEET ALONG THE NORTH" liNE OF SAID
,.SECTION 10 TOA POiNT;
THENCr: 800"25'12" W 189;80 FEET TO THE REAL POINT 9~B~~INN!~~ OF nus
DESCRIPTtoN; '. " "
THEf'.JCt: N.89"27'32"E 127.65 FEET TO A POINT;
THENce 800032'28" E198.78 FEETTOA POINT;
THENCE N,88'52'03" W 130.98 FEET TO. A POINT;
THENCE N 00"25;12" E194.98 FEET TO THE REAl. POINT OFBEGlftJNINGOF THIS
DESCRIPTION; , "
THIS PARCEL CONTAJNSO.584 ACRES, Uo.RE OR LESS, AND IS_SUBJECT TO ALL
e>QSTING EASEMENTS AND RIGI1TSOFWAY;
MICHAEL Et MARKS P~LS. NQ.4998
-." .L'~&L
~
APR 10 2007
.-
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17,2007
4
,$ 89~44'11" E
1'24~90'
--",
W. CHERR" Y LANE
' ,
"'9
"
-- ---'. II
J ~'_,u___'_1 - -.1 -...- .~. I I
I J I I
r I I
)) f; ZO~E LO: ~
;/ ~--.// / '-~1 C 47~ ACRES I, V)
~l-' 'V/ ~L .:~"l7'J2: VI -t'!
~ I L : 12;65 jTi..
I~ I ,~'i~ r BLOCK, 1 I II,~I
I ttj f cfl' - - -- ~-- ~ , --
'~f ~--,.,.~ I '~'
I ffi, I,: .:;\6\'\,~ I.a:, 1~1 ~',
'I-' l' 0\\1\;:;1 to I m 4 · (01 0
I I 5\)6, . rt ~ " at..
) ~ I ~ ~~Gt 8~ ~ ZONE R8 I~I
' z I I jl_---'-___..,~ "._-~ '0584 ACRES I
I I ---- - - - '" - -- -.--J ,
) .' I I
--..---..~. j/~/\. I I
:~:~..<:\ \ 5
\ \ :.........."
I \
i 1
130,98;
--
.--"
1
Naa'S2'03- vi
Exhibit C
Ift~-
APR 1 1
yEfUl)lAN PUBLIC
,WORl<8DEPT.
d'.JPLA TIED
, ."".', -'Y~-'------::-
\
'\
\
"v.. '
"C~(:
..ic'\r}f- '
o"~"('>"'"
co'S ,I""; '\
,,?-,, ,,~o-
, D\-.J\S\~
SUB
~-""""""------'--~
CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17,2007
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 L-O (Limited Office) and R-8 (Medium
Density Residential). The Council fmds that the proposed zoning map amendment generally
complies with the applicable provisions of the Comprehensive Plan and the zoning designations
of L-O and R-8 are appropriate for this site. Please see Comprehensive Plan Policies and Goals,
Section 8, ofthis Staff Report.
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The Council finds that office uses are allowed within the requested zoning district of L.O. The
Council further finds that single-family residences are allowed within the requested zoning
district ofR-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 and the Commission recognize that traffic and noise may increase with the approval of this
proposal. However, Staff and the Commission do not believe that the amount generated will be
detrimental to the general welfare of the public.
The Council finds that the proposed zoning amendment will not be detrimental to the public
health, safety, or welfare. However, Staff and the Commission recommend the 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,
The Council 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 ofthe City (UDC 11-5B-3.E).
The Council finds that all essential services will be provided by the developer to the subj ect
property and will not require unreasonable expenditure of public funds. The Applicant is
proposing to develop the land in general compliance with the City's Comprehensive Plan and this
is a logical expansion of the City limits. The Council finds that Annexation and Zoning ofthis
property to L-O and 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;
Exhibit D
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17,2007
The Council fmds that the proposed application is generally compatible with the adopted
Comprehensive Plan. The Council 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;
The Council finds that public services can be made available to accommodate the proposed
development. (See finding Items 3 and 4 above under Annexation Findings 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, the Council 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 and the Commission recommend the Council rely upon comments from the public service
providers (i.e., police, fire, ACHD, etc.) to determine this fmding. (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 and the Commission are not aware of any health, safety, or environmental problems
associated with the development of this subdivision that should be brought to the Council's
attention. ACHD considers road safety issues in their analysis. Staff and the Commission
recommend that the Council reference any public testimony that may be presented to detennine
whether or not the proposed subdivision may cause health, safety, or environmental problems of
which Staff and the Commission are unaware.
f. The development preserves significant natural, scenic or historic features.
Staff and the Commission are 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 and the
Commission recommend that the Council reference any public testimony that may be presented
to detennine whether or not the proposed development may destroy or damage a natural or scenic
feature(s) of major importance of which Staff and the Commission are 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 Committee 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 and City Council do 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 PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17,2007
The Council fmds that the location of the private street does not conflict with the Comprehensive
Plan and/or the regional transportation plan.
4. Alternative Compliance Findings (UDCII-5B-5E):
a. Strict adherence or application of the requirements are not feasible; OR
UDC 11-2B-3A-I requires a 20-foot wide land use buffer between conunerciaV 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, the Council fmds 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
The Council determines this fmding 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.
The Council determines this fmding not applicable to the subject applications.
Exhibit D