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BEFORE THE PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE ) Case No. AZ-02-023
REQUEST FOR ANNEXATION AND )
ZONING OF 6.06 ACRES TO R-8 ) RECOMMENDATION TO CITY
ZONE FOR MOSHERS FARM ) COUNCIL
)
CMD, INC., )
Applicant )
)
1.The property is approximately 6.06 acres in size and is located at 895 N. Ten Mile
Road, Meridian. The property is designated as Medium Density Residential.
2.The owner of record of the subject property is Betty Mosher, 895 N. Ten Mile
Road, Meridian.
3.Applicant is CMD, Inc., 1661 Shoreline Drive, Boise, Idaho 83702.
4.The subject property is currently zoned RUT and consists of single family rural
residential.
5.The Applicant requests the property be zoned as R-8.
6.The subject property is bordered to the north by Berkeley Square Subdivision, to
the south by rural residential, to the east by undeveloped land, and to the west by
Chaparral Elementary School.
7.The property which is the subject of this application is within the Area of Impact
of the City of Meridian.
8.The entire parcel of the property is included within the Meridian Urban Service
Planning Area as defined in the Meridian Comprehensive Plan.
9.The Applicant proposes to develop the subject property in the following manner:
Planned Residential Development.
10.The Applicant requests zoning of the subject real property as R-8 which is
consistent with the Meridian Comprehensive Plan Generalized Land Use Map
which designates the subject property as Medium Density Residential.
11.There are no significant or scenic features of major importance that affect the
consideration of this application.
RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF ANNEXATION AND ZONING FOR
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12. The Planning and Zoning Commission recognized the concerns of Wendel
Bigham, Joint School District No. 2, expressed in his letter dated September 23,
2002.
RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends to the City
Council of the City of Meridian that they approve the requested Annexation And Zoning
as requested by the applicant for the property described in the application, subject to the
following:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
Annexation & Zoning Comments
1. Any existing domestic wells and/or septic systems within this project will
have to be removed from their domestic service, per City Ordinance
Section 5-7-517, when services are available from the City of Meridian.
Wells may be used for non-domestic purposes such as landscape
irrigation. Applicant shall be responsible for the actual physical
connection as well as payment of applicable fees at the time of service
conversion.
B. Adopt the Recommendations of the ACHD as follows:
Site Specific Conditions of Approval
1.Dedicate 48-feet of right-of-way from the centerline of Ten Mile Road
abutting the parcel by means of a warranty deed. The right-of-way
purchase and sale agreement and deed must be completed and signed by
the applicant prior to scheduling the final plat for signature by the ACHD
Commission or prior to issuance of a building permit (or other required
permits), whichever occurs first. Allow up to 30 business days to process
the right-of-way dedication after receipt of all requested material. The
owner will be paid the fair market value of the right-of-way dedicated
which is an addition to existing ACHD right-of-way if the owner submits
a letter of application to the impact fee administrator prior to breaking
ground, in accordance with ACHD Ordinance #195.
2.Provide a $9,900.00 deposit to the Public Rights-of-Way Trust Fund at the
District for the required street improvements of approximately 495-feet of
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MOSHERS FARM - Page 2
5-foot wide concrete sidewalk abutting the parcel, prior to District
approval of the final plat or issuance of a building permit (or other
required permits), whichever occurs first.
3.Construct the main entrance to the subdivision, West Ashley Avenue, on
Ten Mile Road approximately 100-feet south of the north property line, as
proposed. This roadway location meets District policy and is approved
with this application.
4.Construct West Ashley Avenue with 21-foot street sections on either side
of a center median. The median shall be constructed a minimum of 4-feet
wide (maximum 12-feet wide) to total a minimum of a 100-square foot
area. The applicant will be required to dedicate 54-feet of right-of-way
plus the additional width of the median.
5.Construct North Brittney Court approximately 180-feet west of Ten Mile
Road (measured from centerline to centerline). This location meets
District policy for offset requirements and shall be approved as proposed.
Construct all public roads within the subdivision as 36-foot street sections
with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of
right-of-way.
6.Construct an ACHD approved turnaround at the end of West Ashley
Avenue and North Brittney Court. The turnarounds shall be constructed
to provide a minimum turning radius of 45-feet and provide a minimum of
a 29-foot street section on either side of any proposed center islands within
the turnarounds. The medians shall be constructed a minimum of 4-feet
wide to total a minimum of a 100-square foot area. Submit a design of the
turnaround for review and approval by District staff.
7.Other than the access point specifically approved with this application,
direct lot or parcel access to Ten Mile Road is prohibited. Lot access
restrictions, as required with this application, shall be stated on the final
plat.
8.Any proposed landscape islands/medians within the public right-of-way
dedicated by this plat should be owned and maintained by a homeowners
association. Notes of this should be required on the final plat.
9.Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1.Any existing irrigation facilities shall be relocated outside of the right-of-
way.
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2.All utility relocation costs associated with improving street frontages
abutting the site shall be borne by the developer.
3.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.
4.Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District. Contact Construction Services
at 387-6280 (with file numbers) for details.
5.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.
6.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.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.
8.Payment of applicable road impact fees are required prior to building
construction in accordance with Ordinance #195, also known as Ada
County Highway District Road Impact Fee Ordinance.
9.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.
10.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,
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regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
C. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows:
1. The District requires that a Land Use Change application be filed.
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