HomeMy WebLinkAboutShaylee EstatesCITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
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In the Matter of Request for Rezone of 0.77 of an Acre from C-C (Community Business) to
O-T (Old Town); Preliminary Plat of 2 Office Building Lots, 6Single-family Residential
Building Lots, and 1 Common Lot on 0.77 of an Acre; and Conditional Use Permit to
Construct 6 Townhomes in a Proposed O-T Zone that do not Meet the Criteria of the
Downtown Meridian Design Guidelines, for Shaylee Estates Subdivision by Tealey's Land
Surveying & Marc Johnson.
Case No(s). RZ-07-011, PP-07-010, & CUP-07-010
For the City Council Hearing Date of: August 21, 2007 (Findings on the September 4, 2007
City Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of August 21, 2007,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of August 21, 2007,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of August
21, 2007, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of August 21, 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 (LC. §67-6503).
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). RZ-07-O1 1, PP-07-010, & CUP-07-O10 Page I of 5
The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-SA.
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, Site Plan, and the
Conditions of Approval all in the attached Staff Report for the hearing date of August 21,
2007, incorporated by reference. The conditions are concluded to be reasonable and the
applicant shall meet such requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
The Applicant's Rezone to O-T as evidenced by having submitted the Legal
Description & Exhibit Map, stamped on February 2, 2007 by Patrick Tealey, is hereby
approved per the Development Agreement provisions;
2. The Applicant's Preliminary Plat as evidenced by having submitted the Preliminary
Plat, dated March 2007, is hereby conditionally approved;
3. The Applicant's Conditional Use Permit as evidenced by having submitted the
Site/Landscape Plan, dated March 13, 2007, is hereby conditionally approved; and
4. The site specific and standard conditions of approval and Development Agreement
provisions are as shown in the attached Staff Report for the hearing date of August 21,
2007, incorporated by reference.
D. Notice of Applicable Time Limits
Notice of Twelve (12) Month 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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-07-O1 1, PP-07-010, & CUP-07-010 Page 2 of 5
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 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 1 L 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.
Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a
maximum period of eighteen (18) months unless otherwise approved by the City.
During this time, the applicant shall commence the use as permitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
and acquire building permits and commence construction of permanent footings or
structures on or in the ground. For conditional use permits that also require platting, the
final plat must be recorded within this eighteen (18) month period. For projects with
multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the
event that the development is made in successive contiguous segments or multiple
phases, such phases shall be constructed within successive intervals of one (1) year
from the original date of approval. If the successive phases are not submitted within the
one (1) year interval, the conditional approval of the future phases shall be null and
void. Upon written request and filed by the applicant prior to the termination of the
period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the
time to commence the use not to exceed one (1) eighteen (18) month period. Additional
time extensions up to eighteen (18) months as determined and approved by the
Commission may be granted. With all extensions, the Director or Commission may
require the conditional use comply with the current provisions of Meridian City Code
Title 11.
E. Notice of Final Action and Right to Regulatory Takings Analysis
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 § 67-6521 an affected person being a person who has
an interest in real property which ]nay be adversely affected by the issuance or denial of
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-07-O1 1, PP-07-O10, & CUP-07-010 Page 3 of 5
the 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 August 21, 2007.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-U7-Ol 1, PP-07-010, & CUP-07-010 Page 4 of 5
By action of the City Council at its regular meeting held on the ~ ~- day of
2007.
COUNCIL MEMBER DAVID ZAREMBA VOTED_Z~~
COUNCIL MEMBER JOE BORTON VOTED_ (G~~
COUNCIL MEMBER CHARLIE ROUNTREE VOTED__~~-G~--
COUNCIL MEMBER KEITH BIRD VOTED--~~~`--
TIE BREAKER ~,
MAYOR TAMMY de WEERD VOTED
MAYO MY de WEERD
ATTEST: -
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WILLIAM G. BERG, JR., TY CLERK ~°
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Copy served upon: ~ Applicant ,~_ Y ';,~~.~``~
V Planning Department
y'~~ ublic Works Department
City Attorney
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By: ,; ;.~ ` ~ ~~ ~_. Dated:
i y Clerk's Office
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-07-O1 1, PP-07-o10, & CUP-07-010 Page 5 of 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007
STAFF REPORT
HEARING DATE: August 21, 2007
TO: Mayor & City Council
FROM: Sonya Watters, Associate City Planner
(208) 884-5533
SUBJECT: Shaylee Estates
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• RZ-07-011
Request for Rezone of 0.77 of an acre from C-C (Community Business) to
O-T (Old Town), by Tealey's Land Surveying.
• PP-07-010
Request for Preliminary Plat approval of 2 office building lots, 6single-family
residential building lots, and 1 common lot on 0.77 of an acre, by Tealey's
Land Surveying.
• CUP-07-010
Request for Conditional Use Permit approval to construct 6 townhomes in a
proposed O-T zone that do not meet the criteria of the Downtown Meridian
Design Guidelines, by Marc Johnson.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
Tealey's Land Surveying has applied for a Rezone (RZ) of 0.77 of an acre from C-C (Community
Business) to O-T (Old Town). A Preliminary Plat (PP) is also requested for approval of 2 commercial
office building lots, 6single-family residential building lots, and 1 common lot on the property.
Concurrently, Marc Johnson is requesting Conditional Use Permit (CUP) approval to construct 6
townhomes in the proposed O-T zone that do not meet the criteria of the Downtown Meridian Design
Guidelines (DMDG). Per UDC 11-2D-4D3, any applications that do not meet the criteria in the
DMDG shall be subject to a CUP. The CUP request is only for the six easterly, single-family building
lots; any future renovation of existing structures will be done under the requirements of the O-T
district and will be subject to compliance with the DMDG in effect.
The site is located on the east side of N. Meridian Road, approximately '/a mile south of E.
Fairview Avenue. The site consists of two properties currently addressed as 1402 and 1414 N.
Meridian Road. Currently, there are two single-family homes and associated outbuilding on this
site. The subject property is currently located within the Urban Service Planning Area and the
corporate boundaries of the City.
2. SUMMARY RECOMMENDATION
The subject applications (RZ, CUP, & PP) were submitted to the Planning Department for
concurrent review. Below, staff has provided a detailed analysis and recommended conditions of
approval for the requested Rezone, Conditional Use Permit and Preliminary Plat applications. Staff
is recommending approval of the proposed Shaylee Estates development (RZ-07-011, CUP-07-
010, & PP-07-010) with the conditions listed in Exhibit B of the Staff Report.
Shaylee Estates RZ PP CUP PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007
The Meridian Planning & Zoning Commission heard these items on June 7, 2007 and July 5,
2007. At the public hearing on July 5, 2007 they moved to recommend approval to City Council
of the subject RZ, PP, & CUP requests.
a. Summary of Commission Public Hearing:
i. In favor: Andrew Davis, BRS Architects (Applicant's Representative); Mark
Johnson (Owner/Applicant); Bond Campbell (property owner to south)
ii. In opposition: None
iii. Commenting: Susan Hadley
iv. Written testimony: None
v. Staff presenting application: Sonya Watters
vi. Other staff commenting on application: None
b. Key Issue(s) of Discussion by Commission:
i. Construction of a private street and sidewalk from Meridian Road to the
townhouse units on Lots 2, 3, 4, 6, 7, & 8, Block 1;
ii. Location of trees within the common lot on Lot 5, Block 1 outside of the future
sewer easement
c. Key Commission Change(s) to Staff Recommendation:
i. Modify condition of approval #1.2.2 to state that no new trees may be located
within the sewer easement. However, the trees may be located on the common
lot if they are outside the easement;
ii. Strike condition of approval #1.2.10, which requires a 25-foot wide buffer
adjacent to Meridian Road (buffer is not required in the O-T district).
d. Outstanding Issue(s) for City Council:
i. Update: Since the Commission hearing, the Applicant submitted a Certificate of
Zoning Compliance application for Talon Construction
><. in favor: lviarc aonnson (uwneriapp ~cantf, tsona Lames
vii. In opposition: None
viii. Commenting: None
ix. Written testimony: None
x. taff presenting application: Anna Canning
xi. Other staff commenting on application: None
b. ev Is ue of Di cu ion by ouncil:^
i. Concern about the appearance of the nron~sed tnwnh~use huildinu elevations
~_ nay i.ouncii
ii. None
3. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-07-
011, CUP-07-010, & PP-07-010 as presented in staff report for the hearing date of August 21, 2007
with the following modifications: (Add any proposed modifications.)
Shaylee Estates RZ PP CUP PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-07-
011, CUP-07-010, & PP-07-010 as presented in during the hearing on August 21, 2007 for the
following reasons: (You should state specific reasons for denial of the annexation and you must
state specific reason(s) for the denial of the plat and conditional use permit. You must state what the
applicant could do to gain your approval of the CUP in the future.)
Continuance
I move to continue File Numbers RZ-07-011, CUP-07-010, & PP-07-010 to the hearing date of
(insert continued hearing date here) for the following reason(s): (You should state specific reason(s)
for continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
1402 & 1414 N. Meridian Road (Parcel #'s 86129020550 & 86129020531)
NW '/ of Section 7, Township 3 North, Range 1 East
b. Owner:
Marc Johnson
1402 N. Meridian Road
Meridian, ID 83642
c. Applicants:
Tealey's Land Surveying (RZ & PP)
187 E. 50"' Street
Garden City, ID 83714
Marc Johnson (CUP)
1402 N. Meridian Road
Meridian, ID 83642
d. Representatives:
Donna Dodson, Tealey's Land Surveying (RZ & PP)
Andrew Davis, BRS Architects (CUP)
e. Present Zoning: C-C (Community Business)
f. Present Comprehensive Plan Designation: Old Town
g. Description of Applicant's Request:
"BRS Architects on behalf of Talon Construction is requesting a CUP to construct 6 townhomes
in the O-T district, which deviate from the requirements of the Design Guidelines. The property is
currently two lots in the C-C district, each with an existing structure which will remain but will be
subdivided into 9 separate lots and rezoned to the O-T district. The two re-defined westerly lots
will have new parking areas developed behind the existing structures that remain but the
buildings themselves will not be modified. The townhomes will be developed on the 7 lots to the
east. The CUP application only considers the 7 easterly lots. Any future renovation of the existing
structures will be done under the requirements of the O-T district. The design guidelines for the
O-T district primarily address commercial structures fronting the street and do not adequately
address residential uses or account for structures located behind those fronting on the street. The
proposed townhouses are located more than 140' from the street and are behind the two existing
Shaylee Estates RZ PP CUP PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007
structures which will remain. The new buildings have been designed to create interest through
modulations of the roof line and facade as well as a mix of stone, wood siding and shingle finish
materials. This design should fit in well with the intent of the district and will be a positive
addition to the area. We not meet, however, some of the requirements of the district for glazing
area, balcony heights and parapets which are not readily achievable in residential structures and
which may not be applicable to buildings located in the rear of a development." (See Applicant's
letter for more detail.)
1. Date of Site/Landscape Plan (attached in Exhibit A): March 13, 2007
2. Date of Preliminary Plat (attached in Exhibit A): March, 2007
3. Date of Building Elevations (attached in Exhibit A): March 13, 2007
5. PROCESS FACTS
a. The subject application will in fact constitute a Rezone as determined by City Ordinance. By
reason of the provisions of UDC 11-SA-2, a public hearing is required before the Commission
and City Council on this matter.
b. The subject application will in fact constitute a Conditional Use Permit as determined by City
Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is required before the
Commission and City Council on this matter.
c. The subject application will in fact constitute a Preliminary Plat as determined by City Ordinance.
By reason of the provisions of UDC 11-SA-2, a public hearing is required before the Commission
and City Council on this matter.
d. Newspaper notifications published on: June 18, 2007 and July 2, 2007 (Commission); July 30,
2007 and August 13, 2007 (City Council)
e. Radius notices mailed to properties within 300 feet on: May 29, 2007 (Commission); July 27,
2007 (City Council)
f. Applicant posted notice on site by: May 17, 2007 (Commission); July 24, 2007 (City Council)
6. LAND USE
a. Existing Land Use(s): There are two single-family homes and associated outbuildings on the site.
The home on the property at 1402 N. Meridian Road is currently being used as an office for
Talon Construction Company (Note: the property has not received Certificate of Zoning
Compliance approval for a change in use from residential to office.)
b. Description of Character of Surrounding Area: The general area surrounding this site consists
primarily of residential uses, with a beauty salon, a church, and a ceramic store (Kock-a-
Doodles).
c. Adjacent Land Use and Zoning:
1. North: Commercial property, zoned C-C
2. East: Commercial property and residential mobile home park, zoned C-C
3. South: Residential property, zoned C-C
4. West: Residential properties, zoned R-4
d. History of Previous Actions:
• This property consists of a portion of Block 4 of F. A. Nourse's Third Addition subdivision.
Shaylee Estates RZ PP CUP PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007
• This property was previously rezoned to C-C (date unknown)
e. Existing Constraints and Opportunities:
1. Public Works:
Location of sewer: This property is proposing to sewer to mains located near the east
property line of the project.
Location of water: This property is proposing water service to mains located in N Meridian
Road.
Issues or concerns: None
2. Canals/Ditches Irrigation:
3. Hazards: None known
4. Proposed Zoning: O-T (Old Town)
5. Size of Property: 0.77 of an acre
f. Landscaping
1. Width of street buffer(s): A 25-foot wide buffer is required along N. Meridian Road in
accordance with the standards listed in UDC 11-3B-7C.
2. Width of buffer(s) between land uses: A buffer to adjoining uses in not required in the
proposed O-T zone per UDC 11-3B-9C.
3. Parking Lot Landscaping: Perimeter and internal parking lot landscaping is required on Lots
1 & 9 in accordance with the standards listed in UDC 11-3B-8C. Perimeter and internal
landscaping on Lots 1 & 9 will be reviewed, for compliance with UDC standards with
submittal of the Certificate of Zoning Compliance application. (Note: The parking stall
dimensions shown on the site plan do not meet the dimensional standards listed in UDC
I1-3C-S.)
g. Off-Street Parking: UDC 11-3C-6 requires single-family dwellings with more than 1 bedroom to
have 2 parking spaces per dwelling unit in an enclosed garage with a 20 foot x 20 foot parking
pad between access and garage. The site plan shows concrete driveways for each of the units that
exceed the afore-mentioned size requirements.
h. Summary of Proposed Streets and/or Access: Access to the site will be provided from N.
Meridian Road. The applicant is proposing to construct a 20-foot wide driveway within an
ingress/egress and public utilities easement for access to the parking area for the commercial uses
and the townhomes. ACRD and Staff are supportive of the proposed location of the driveway.
Driveways are also stubbed to the properties to the north and south for future connectivity.
However, for addressing purposes, Staff is requesting that the proposed driveway be approved
and constructed as a private street (see comments and conditions stated in Section 10, Analysis,
and Exhibit B of this report.)
7. COMMENTS MEETING
On May 18, 2007 a joint agency and department meeting was held with service providers in this area.
The agencies and departments present include: Meridian Fire Department, Meridian Parks
Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary
Services Company. Staff has included comments, conditions and recommended actions in Exhibit B
below.
Shaylee Estates RZ PP CUP PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Old Town" on the Comprehensive Plan Future Land Use Map. The
Applicant is proposing to rezone the property to O-T (Old Town), which is compatible with this
designation. Old Town is defined in the Comprehensive Plan as follows: "This includes the historic
downtown and the true community center. Uses would include offices, retail and lodging, theatres,
restaurants, and service retail for surrounding residents and visitors. A variety of residential uses
could include reuse of existing buildings for residential uses, new construction of multi-family
residential over ground floor retail or office uses. In order to provide and accommodate preservation
of the historical character, specific design requirements may be imposed. Pedestrian amenities would
be emphasized. Public investment to ensure that Old Town becomes a centralized activity center with
public, cultural, and recreational structures would be encouraged. The boundary of the Old Town
district predominantly follows Meridian's historic plat boundaries. In several areas, both sides of a
street were incorporated into the boundary to encourage similar uses and complimentary design of the
facing houses and buildings." Staff finds that the proposed Rezone complies with the applicable
provisions of the Comprehensive Plan and furthers the goals and objectives set forth therein.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed development (staff analysis in italics below policy):
Require that development projects have planned for the provision of all public services
(Chapter VII, Goal III, Objective A, Action 1, page 111).
When the City established its Area of Ciry Impact, it planned to provide City services to the
subject property. The subject property is already within the corporate boundaries of the City
and the two existing homes are already serviced. The Ciry of~Meridian plans to provide
municipal services to the lands proposed to be developed in the following manner:
- Sanitary sewer and water service will be extended to the project at the developer's
expense.
- The subject lands currently lie within the jurisdiction of the Meridian City Fire
Department, who currently shares resource and personnel with the Meridian Rural Fire
Department.
- The subject lands currently lie within the jurisdiction o_f the Meridian Police Department
(MPD).
- The roadways adjacent to the subject lands are currently owned and maintained by the
Ada County Highway District (ACHD). This service will not change.
- The subject lands are currently serviced by the Meridian School District No. 2. This
service will not change.
- The subject lands are currently serviced by the Meridian Library District. This sen~ice
will not change.
• Promote development of Old Town and encourage infill development (Chapter IV, Goal II,
Objective D, page 28).
The subject application proposes to develop an infill property located within the downtown
area that contains two existing homes, which will be retained for commercial office property.
The remainder of the property will be developed with 6 residential townhouse units.
• Encourage infill development in vacantlunderdeveloped areas within the City over fringe area
development to halt the outward progression of urban development (Chapter V, Goal I,
Objective A.3, page 39).
The subject property is currently an underdeveloped piece of land that lies within the City's
Old Town designated area. The subject application proposes to develop the property with
Shaylee Estates RZ PP CUP PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21. ?007
more intense uses, a mix of residential and commercial office uses. Staff believes that by
providing both residential and commercial opportunities within the downtown area, this will
slow the outward progression (sprawl) of urban development.
• Require all commercial and industrial businesses to install and maintain landscaping (Chapter
V, Goal III, Objective D, Action 3, page 43).
The commercial (office) portion of this property (Lots 1 & 9) will be required to install
landscaping as follows: A 25 foot wide landscape buffer is required adjacent to N. Meridian
Road and internal parking lot landscaping is required (see Section 10 Analysis and Exhibit B
of this staff report).
• Encourage residential infill to utilize existing services (Chapter VII, Goal N, Objective C,
page 113).
The proposed residential portion of this development will utilize existing sen~ices in this area.
Support a variety of residential categories (low-, medium-, and high-density single-family,
multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of
providing the City with a range of affordable housing opportunities.
The proposed townhouse units will assist in providing a variety of different housing types
within the City.
• Protect existing residential properties from incompatible land use development on adjacent
parcels (Chapter VII, Goal IV, Objective C, Action 1, page 113).
Staff believes that the proposed office uses of the front portion of the property are more
compatible with existing residential uses to the south and west and will not be as intense as
other types of commercial uses that could be permitted in Old Town. Staff believes that the
proposed residential use of the property for townhomes will be compatible with the adjacent
land uses.
Staff believes that the proposed O-T zoning of the property complies with the Comprehensive
Plan Land Use Map designation of Old Town. Further, Staff believes that the proposed use of the
property will be compatible with the other uses in the area and the intended character of the Old
Town area.
9. UNIFIED DEVELOPMENT CODE
a. Schedule of Uses: UDC Table 11-2D-21ists the principal permitted, accessory, and conditional or
prohibited uses in the O-T zoning district. The proposed townhouse dwellings and professional
services (offices) are listed as principal permitted uses in the O-T zone.
b. Purpose Statement of the Traditional Neighborhood Districts: Per UDC 11-2D-1, the purpose of
the traditional neighborhood districts is to encourage mixed use, compact development that is
sensitive to the environmental characteristics of the land and facilitates the efficient use of
services. Vertically integrated residential projects are encouraged in all traditional neighborhood
districts. A traditional neighborhood district diversifies and integrates land uses within close
proximity to each other, and it provides for the daily recreational and shopping needs of the
residents.
Shaylee Estates RZ PP CUP PAGE 7
CITY OF MERID[AN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation:
REZONE: Based on the policies and goals contained in the Comprehensive Plan and the Future
Land Use Map designation of Old Town, Staff believes that the requested O-T zone is appropriate
for this property. Please see Exhibit D for a detailed analysis of the required facts and findings for
a rezone.
The rezone legal description submitted with the application (stamped on February 2, 2007 by
Patrick A. Tealey, PLS) is accurate and meets the requirements of the City of Meridian and Idaho
State Tax Commission.
UDC 11-SB-3D2 provides the Planning & Zoning Commission and City Council the authority to
require a property owner to enter into a Development Agreement (DA) with the City of Meridian
that may require some written commitment for all future uses. Due to the development
standards of the Old Town district, Staff believes that a Development Agreement is
necessary to ensure that this property is developed in a fashion that is consistent with the
Comprehensive Plan and does not negatively impact nearby properties. If the Commission
or Council feels additional development agreement requirements are necessary, staff recommends
a clear outline of the con-imitments of the developer being required.
A Development Agreement (DA) will be required as part of the rezone of this property. Prior to
the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the
property owner(s) (at the time of rezone ordinance adoption), and the developer. The applicant
shall contact the City Attorney, Bill Nary, at 888-4433 within 6 months of Council approval
to initiate this process. The DA shall include, at a minimum, the following:
The applicant shall comply with all standards in the Downtown Meridian Design
Guidelines upon development and any proposed improvements to existing development
on Lots 1 and 9 (the future office lots) along N. Meridian Road, such as facade
improvements and/or building additions.
• Obtain CZC approval for Talon Construction Company currently in operation on the
southern property proposed as Lot 9, prior to issuance of any future CZC's on this site.
(Note: Contractor s yard is a prohibited use in the O-T zone.)
A Certificate of Zoning Compliance is required prior to issuance of building permits for
any and all of the proposed townhouse units within this development. All structures must
substantially comply with the elevations submitted with this application. The Applicant is
not required to comply with the Downtown Meridian Design Guidelines for the
townhouse units proposed at the rear of the property. NOTE: A CZC application
include all townhouse structures within the development.
CONDITIONAL USE PERMIT: The Applicant is requesting a Conditional Use Permit (CUP)
to construct 6 townhouse units in a proposed O-T zone that do not meet the criteria of the
Downtown Meridian Design Guidelines (DMDG). Per UDC 11-2D-4D3, any applications that do
not meet the criteria in the DMDG shall be subject to CUP approval. The CUP request only
applies to the structures proposed on the easterly, residential building lots (Lots 2, 3, 4, 6, 7, and
8), not the proposed office lots (Lots 1 & 9). The Applicant states that any future renovation of
the existing structures on Lots 1 & 9 will be done under the requirements of the O-T district.
When the DMDG were drafted, they were intended to apply to new development and any
improvements to existing development such as facade improvements and/or building additions of
commercial buildings that are located adjacent to right-of--way. The applicant is not planning to
Shaylee Estates RZ PP CUP PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007
make any improvements to the existing structures proposed for future office use that are located
along Meridian Road (Lots 1 & 9), therefore compliance with the DMDG is not required at this
time. If improvements are proposed in the future, the structures on these lots and the site shall
comply with the DMDG.
The townhomes are proposed to be located approximately 140 feet from the street behind the
existing structures proposed for office uses. For this reason, Staff does not believe that any of the
DMDG pertaining to setbacks, building orientation, building height and form, facade
treatment/entrances/roofs, mid-block pedestrian pathways, streetscape design, street landscaping,
and parking apply to the townhouse portion of the development. The elevations submitted by the
Applicant incorporate modulations in the roofline and facade as well as a mix of stone, wood
siding and shingle finish materials. Staff believes that the design of the proposed townhouse units
will fit well in the Old Town area and will provide a very attractive housing alternative. For the
above-mentioned reasons, Staff is in support of the proposed site plan and elevations submitted
by the applicant, even though they do not comply with the afore-mentioned design guidelines.
Elevations: The Applicant has submitted building elevations for the proposed townhouse units
that are included in Exhibit A.3 of this report. The townhouses units are proposed to be two
stories, 36'2" in height, and the minimum square footage of the structures, excluding the garage,
will be 1,400 square feet. The townhouses will contain two or more bedrooms. Building materials
depicted on the elevations are as follows: asphalt shingles on the roof, wood siding, cedar
shingles for accents on the walls, manufactured stone on portions of the west and front elevations
with manufactured stone accents on the west elevation. Staff approves of the elevations and
construction materials submitted with this application for the proposed townhouse units.
Certificate of Zoning Compliance (CZC): A CZC is required for the change in use of the
existing structures from residential to commercial. Talon Construction Company is currently
operating on the southern property proposed as Lot 9, without CZC approval for a change in use
of the property. The applicant should obtain CZC approval for Talon Construction Company
prior to issuance of any future CZC's on this site. (Note: Contractor's yard is a prohibited use in
the O-T zone.)
The Applicant shall receive CZC approval prior to issuance of Certificate of Occupancy for the
proposed office buildings. Further, a CZC is required prior to issuance of building permits for any
and all of the proposed townhouse units within this development. All structures must
substantially comply with the elevations submitted with this application.
PRELIMINARY PLAT: The Applicant is requesting preliminary plat approval of 2 commercial
office building lots, 6single-family building lots consisting of two sets of 3 townhouse units, and
1 common area lot on 0.77 of an acre. The preliminary plat was prepared by Tealey's Land
Surveying and stamped by Patrick Tealey on March 15, 2007. The Applicant is proposing to
construct 6 townhouse units on 6 building lots. The gross density for the residential portion of the
development is 7.8 dwelling units per acre. There are two existing homes on the lots adjacent to
Meridian Road that will be converted from residential to office use in the future. No
improvements (i.e. facade improvements and/or building additions) are proposed for these
structures with this application.
Dimensional Standards: This site is required to comply with the development standards of the
O-T zoning district listed in UDC 11-2D-4 as follows:
A. Maximum building height is seventy-five (75'). The elevations show the proposed
townhouse units are 38' 2" in height; no improvements are planned for the existing
structures proposed for office use.
Shaylee Estates RZ PP CUP PAGE 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007
B. Minimum number of stories for new construction is two (2). The elevations show the
proposed townhouse units are two stories.
C. Additional height exceeding the maximum height allowed requires approval through a
conditional use permit. The townhouse units will not exceed the maximum height allowed.
D. Administrative design review:
All new construction and exterior modifications shall be subject to administrative
design review in accord with the procedures set forth in Chapter 5 ADMINISTRATION
of this Title. No new construction or exterior modifications are planned for the
existing structures proposed for office use; the Applicant is requesting CUP approval
for the proposed townhouse units that do not meet the criteria of the Downtown
Meridian Design Guidelines as required in UDC 11-2D-4D3 below.
The criteria for the administrative design review are set forth in the document
"Downtown Meridian Design Guidelines."
Any applications that do not meet the criteria in the Downtown Meridian Design
Guidelines shall be subject to a conditional use permit as set forth in Chapter 5
ADMINISTRATION. The Applicant is requesting CUP approval with this application
for the proposed townhouse units as they do not comply with the afore-mentioned
design guidelines.
E. Landscaping Requirements: See Chapter 3 Article B LANDSCAPING REQUIREMENTS.
Note: The future office portion of this site located on Lots 1 & 9 has not been reviewed
for compliance with UDC internal parking and landscaping standards. Review of the
internal elements of the site will take place with Certificate of Zoning Compliance
approval. (Note: The parking stall dimensions shown on the site plan do not meet the
dimensional standards listed in UDC 11-3C-S.)
Existing Structures: The site currently contains two homes and a garage. The existing
residences will be retained and converted to offices. All other structures, including the detached
garage on the site, shall be removed as proposed prior to release of building permits for this
development.
Sidewalk: A 5-foot wide detached sidewalk is required to be constructed along Meridian Road,
in accordance with ACHD standards and UDC 11-3A-17. The sidewalk shall be placed within the
right-of--way or a public pedestrian easement depicted on the plat.
Landscaping: A 25-foot wide street buffer is required along N. Meridian Road and should be
landscaped according to the standards listed in UDC 11-3B7C. Said buffer shall be on a common
lot or on a permanent easement maintained by the property owner or business owners' association
(see condition in Exhibit B). A buffer to adjoining uses in not required in the proposed O-T zone
per UDC 11-3B-9C. The new trees proposed within the common area on Lot 5 are located
within a sewer easement and are not allowed; existing trees may remain. The site/landscape
plan submitted by the Applicant complies with the required street buffer landscaping. The existing
buildings are located outside of the required buffer; the existing setback dimensions shown on the
plan are incorrect.
Fencing: The applicant has indicated on the site/landscape plan that the existing fence is to be
removed. No new fencing is proposed on the plan. Because the UDC does not require fencing for
this development, Staff is not including a condition as such. Fencing constructed adjacent to the
common area on Lot 5 shall not exceed 4 feet in height if closed vision fencing is used. Open
Shaylee Estates RZ PP CUP PAGE ] 0
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007
vision up to 6 feet in height is allowed as it provides visibility from adjacent homes or buildings
(see UDC 11-3A-7).
Cross Access: The applicant is proposing a driveway stub to the properties to the north and south
of the site for future connectivity. Staff is supportive of this proposed cross-access. Cross-access
should be provided to the properties to the north and south via a note on the plat or a recorded
cross-access agreement.
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 use any existing
surface or well water for the primary source. If a surface or well source is not available, asingle-
point connection to the culinary water system shall be required. If a single-point connection is
used, the developer will be responsible for the payment of assessments for the common areas
prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation
system should be installed to all landscape areas per the approved specifications and in
accordance with UDC 11-3A-15 and MCC 9-1-28.
PRIVATE STREETS: The applicant is not proposing private streets within this development.
However, Staff is requesting that the proposed driveway from N. Meridian Road to the
townhouse units be constructed and designed as a private street for addressing purposes of the
townhouse units. The Applicant should submit a Private Street application to the Planning
Department for staff level approval prior to submittal of the final plat application (see
condition of approval in Exhibit B).
Per UDC 11-3F-4, all private streets shall be designed and constructed to the following standards:
A. Design standards:
1. Easement: The private street shall be constructed on a perpetual ingress/egress
easement or a single platted lot that provides access to all applicable properties.
2. Connection point: Where the point of connection of the private street is to a public
street, the private street shall be approved by the Transportation Authority.
3. Emergency vehicle: The private street shall provide sufficient maneuvering area for
emergency vehicles as determined and approved by the Meridian Fire Department.
4. Gates: Gates or other obstacles shall not be allowed.
B. Construction standards:
1. For conversion of an existing facility to a private street at the direction of the Fire
Marshal:
a. All drive aisles shall be posted as fire lanes with no parking allowed.
b. If a curb exists next to the drive aisle, it shall be painted red.
2. For all other private streets:
a. Roadway and storm drainage: The private street shall be constructed in accord
with the roadway and storm drainage standards of the Transportation Authority
or as approved by the City of Meridian based on plans submitted by a certified
engineer.
b. Street width: The private street shall be constructed within the easement and shall
have a travel lane width of twenty-four (24) feet or twenty-six (26) feet as
determined by the Fire Marshal relative to the height and size of the proposed
structures that adjoin the private street.
Shaylee Estates RZ PP CUP PAGE 1 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007
c. Sidewalks: Afive-foot (5') attached sidewalk or four-foot (4') detached sidewalk
shall be provided on one side of the street in commercial districts. This
requirement may be waived if the applicant can demonstrate that an alternative
pedestrian path exists.
d. Fire lanes: all drive aisles shall be posted as fire lanes with no parking allowed.
In addition, if a curb exists next to the drive aisle, it shall be painted red.
b. Staff Recommendation: Staff recommends approval of the subject applications (RZ-07-011,
CUP-07-010, & PP-07-010) based on the Findings listed in Exhibit D and the conditions
listed in Exhibit B of this Staff Report for the hearing date of July 5, 2007. The Meridian
Planning & Zoning Commission heard these items on June 7, 2007 and July 5, 2007. At the
public hearing on July 5, 2007 they moved to recommend approval to City Council of the
subject RZ, PP, & CUP requests. The Meridian City Council heard these items on August
1. 2007. At the public hearing they annroved the subject RZ. PP. and CUP request.
11. EXHIBITS
A. Drawings
1. Preliminary Plat (dated: 3/07, stamped 3/15/07 by Patrick Tealey)
2. Site/Landscape Plan (dated 3/13/07)
3. Townhouse Elevations (dated: 3/13/07)
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. Central District Health Department
C. Legal Description & Exhibit Map
D. Required Findings from Unified Development Code
Shaylee Estates RZ PP CUP PAGE 12
CITY OF MER]DIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007
A. Drawings
1. Preliminary Plat (dated: 3/07, stamped 3/15/07 by Patrick Tealey)
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007
2. Site/Landscape Plan (dated 3/13/07)
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Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007
3. Townhouse Elevations (dated: 3/13/07)
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Exhibit A
al!>t. ;IASt3 ErvEVnnON
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21.2007
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 REZONE COMMENTS
1.1.1 The rezone legal description submitted with the application (stamped on February 2, 2007 by
Patrick A. Tealey, PLS) is accurate and meets the requirements of the City of Meridian and Idaho
State Tax Commission.
1.1.2 Prior to the rezone ordinance approval, a DA shall be entered into between the City of Meridian,
the property owner(s) (at the time of rezone ordinance adoption), and the developer. The
applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 6 months of Council
approval to initiate this process. The DA shall include, at a minimum, the following:
The applicant shall comply with all standards in the Downtown Meridian Design
Guidelines upon development and any proposed improvements to existing development
on Lots 1 and 9 (the future office lots) along N. Meridian Road, such as facade
improvements and/or building additions.
• Obtain CZC approval for Talon Construction Company currently in operation on the
southern property proposed as Lot 9, prior to issuance of any future CZC's on this site.
(Note: Contractor's yard is a prohibited use in the O-T zone.)
A Certificate of Zoning Compliance is required prior to issuance of building permits for
any and all of the proposed townhouse units within this development. All structures must
substantially comply with the elevations submitted with this application. The Applicant is
not required to comply with the Downtown Meridian Design Guidelines for the
townhouse units proposed at the rear of the property. NOTE: A CZC application may
include all townhouse structures within the development.
1.2 PRELIMINARY PLAT -SITE SPECIFIC REQUIREMENTS
1.2.1 The preliminary plat, prepared by Tealey's Land Surveying, dated March, 2007 (stamped by
Patrick Tealey on March 15, 2007), is approved, with the conditions listed herein. All comments
and conditions of the accompanying Rezone (RZ-07-011) and Conditional Use Permit (CUP-07-
O10) applications shall also be considered conditions of the preliminary plat.
1.2.2 The site/landscape plan prepared by BRS Architects on March 13, 2007, is approved with the
following modifications/notes:
The nen~ trees proposed within the common area on Lot 5 °r° '~°~*°a ~~~~*'~~~ shall be
located outside of the future a sewer easement ;existing trees may
remain. Revise plan accordingly.
Depict a 5-foot wide detached sidewalk along N. Meridian Road within the landscape
street buffer or within the right-of--way (see ACHD's conditions for exact location).
• A written certificate of completion should be prepared by the landscape architect,
designer, or qualified nurseryman responsible for the landscape plan and submitted to the
Planning Department prior to issuance of any Certificate of Occupancies for this site. All
standards of installation should apply as listed in UDC 11-3B-14.
Where the applicant has submitted a preliminary landscape plan and where staff has reviewed
such plan, the landscaping shall be consistent with the preliminary plan with modifications as
proposed by staff. The proceeding modifications and notes should be shown on a revised
landscape plan submitted with the Final Plat and Certificate of Zoning Compliance application(s).
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007
1.2.3 A private street is required to be constructed from N. Meridian Road to the townhouse units for
addressing purposes. The Applicant shall submit a Private Street application for staff level
approval prior to submittal of the final plat application. Said Private Street shall be designed and
constructed according to the standards listed in UDC 11-3F-4.
1.2.4 A 5-foot wide detached sidewalk is required to be constructed along Meridian Road, in
accordance with ACHD standards and UDC 11-3A-17. The sidewalk shall be placed within the
right-of--way or a public pedestrian easement depicted on the final plat. See ACHD's
requirements for location of the sidewalk.
1.2.5 A Certificate of Zoning Compliance (CZC) is required for the change in use of the existing
structures from residential to commercial. The Applicant shall receive CZC approval prior to
issuance of Certificate of Occupancy for the proposed office buildings and townhouse buildings.
1.2.6 Cross-access shall be provided to the properties to the north and south of the subject property at
the driveway stub locations shown on the site plan. Place a note on the final plat or record an
easement granting vehicular access to the properties to the north and south.
1.2.9 A note prohibiting direct access to N. Meridian Road, except for the access point approved with
this application, shall be added to the final plat.
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1.2.11 All signage for the site requires approval of a sign permit. All signage must comply with the
standards listed in UDC 11-3D.
1.2.12 If permanent perimeter fencing is not provided on the site, temporary fencing to contain debris
during construction shall be installed around the residential portion of the site prior to release of
building permits.
1.2.13 Fencing constructed adjacent to the common area on Lot 5 shall not exceed 4 feet in height if
closed vision fencing is used. Open vision up to 6 feet in height is allowed as it provides visibility
from adjacent homes or buildings (see UDC 11-3A-7).
1.2.14 Underground, pressurized irrigation must be provided to all lots within this development.
1.2.15 Prior to signature of the final plat, remove existing structures that span across proposed lot lines.
1.3 CONDITIONAL USE PERMIT -SITE SPECIFIC CONDITIONS OF APPROVAL
1.3.1 The site/landscape plan, prepared by BRS Architects, dated March 13, 2007, labeled as Sheet SD-
I, is approved, with the conditions listed herein. All comments and conditions of the
accompanying Rezone (RZ-07-011) and Preliminary Plat (PP-07-010) applications shall also be
considered conditions of the conditional use permit.
1.3.2 A Certificate of Zoning Compliance is required prior to issuance of building permits for any and
all of the proposed townhouse units within this development. All structures must substantially
comply with the elevations submitted with this application. The Applicant is not required to
comply with the Downtown Meridian Design Guidelines for the townhouse units proposed at the
rear of the property. NOTE: A CZC application may include all townhouse structures N~ithin the
development.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21.2007
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is being proposed via extension of mains located near
the east property line. The applicant shall install all mains to and through this development;
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 N Meridian Road. The
applicant shall be responsible to install water mains to and through this development, coordinate
main size and routing with Public Works.
2.3 Prior to any excavation or improvements within this development that applicant shall submit a
Flood Plain Development Permit and comply with all conditions of the same.
2.4 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13
and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of
reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement
with the reimbursable amount shall be approved by Council prior to plat signature.
2.5 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).
2.6 The applicant has not indicated who will own and operate the pressure irrigation system in this
proposed development. If it is to be maintained as a private system, plans and specifications will
be reviewed by the Public Works Department as part of the construction plan review. A "draft
copy" of the operations and maintenance manual will be required prior to plan approval with the
"final draft" being required prior to final plat signature on the last phase of this project.
If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be
submitted prior to scheduling of apre-construction meeting.
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 or
well water for the primary source. If a surface or well source is not available, asingle-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
signature on the final plat by the City Engineer.
2.8 All existing structures not meeting setbacks or the dimensional standards of the UDC shall be
removed prior to building permits being released.
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 meter tiles located in common driveways shall be upgraded to traffic rated materials per City
of Meridian Standard Specifications.
2.11 As proposed, additional width to the public utilities, drainage and irrigation easement along the
right-of way shall be dedicated where the sidewalk is located past the right-of--way. The
additional width needs to be sufficient to allow for 10 feet of easement past the sidewalk.
2.12 Any existing domestic wells andlor septic systems within this project shall be removed from
domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-
domestic purposes such as landscape irrigation.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007
2.13 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that
intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be
approved by the appropriate irrigation drainage district, or lateral users association (ditch
owners), with written approval or non-approval submitted to the Public Works Department prior
to plan approval. If lateral users association approval can not be obtained, alternate plans will be
reviewed and approved by the City Engineer.
2.14 Street signs are to be in place, water system shall be approved and activated, fencing installed,
drainage lots constructed, and the road base approved, prior to applying for building permits.
2.15 All development improvements, including but not limited to sewer, water, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.16 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to issuance of building
pernlits.
2.17 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.
2.18 Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Protection Agency.
2.19 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.20 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.
2.21 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.
2.22 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1-foot above.
2.23 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by
the Public Works Department. Height for 100 watt fixtures is 25-feet, height for 250 watt fixtures
is 30-feet. All streetlights shall be installed at subdivider's expense. Typical locations are at street
intersections and/or fire hydrants. Final design locations and quantity are determined after power
designs are completed by Idaho Power Company. The street light contractor shall obtain design
and permit from the Public Works Department prior to commencing installations.
3. FIRE DEPARTMENT
3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water
quality by the Meridian Water Department for bacteria testing.
3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 ''/z" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
£ Fire hydrants shall be place 18" above finish grade.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007
g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required
to have an approved turn around. Phasing of the project may require a temporary approved turn
around on streets greater than 150' in length with no outlet.
3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside
radius.
3.5 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.
3.6 Building setbacks shall be per the International Building Code for one and two story construction.
3.7 Commercial and office occupancies will require afire-flow consistent with the International Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
3.8 Maintain a separation of 5' from the building to the dumpster enclosure.
3.9 The Fire Dept. has concerns about the addresses of the proposed townhouses being visible from the
street which the project is addressed off o£ For this reason, the Fire Department requests that a
private street be provided from Meridian Road to the townhouse units for addressing purposes.
3.10 All portions of the buildings located on this project must be within 150' of a paved surface as
measured around the perimeter of the building.
3.11 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official. For buildings equipped
throughout with an approved automatic sprinkler system installed in accordance with Section
903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183
m).
3.12 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered.
3.13 Buildings over 30' in height are required to have access roads in accordance with The
International Fire Code Appendix D Section D105.
4. POLICE DEPARTMENT
4.1 A private street should be provided from N. Meridian Road to the townhouse units located at the
rear of the property for addressing purposes.
5. PARKS DEPARTMENT
5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape
Ordinance (UDC ll-3B-10) will be followed.
5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in
the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007
6. SANITARY SERVICE COMPANY
6.1 No comments were received from SSC regarding this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 SITE SPECIFIC CONDITIONS OF APPROVAL
7.1.1 Construct a 5-foot detached concrete sidewalk a minimum of 28-feet from the centerline of the
roadway, OR provide the district with a road trust in the amount of $3250.00 for the future
construction of the sidewalk as part of the Meridian Split Corridor Project.
7.1.2 Utilize an existing 20-foot driveway located approximately 55-feet north from the south property
line (measured property line to near edge). Pave the driveway its full width and at least 30-feet
into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-
foot radii abutting the existing roadway edge.
7.1.3 Other than the access specifically approved with this application, direct lot access is prohibited to
Meridian Road and shall be noted on the final plat.
7.1.4 Comply with all Standard Conditions of Approval.
7.2 STANDARD CONDITIONS OF APPROVAL
7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way.
7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of--way.
7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.2.5 Comply with the District's Tree Planter Width Interim Policy.
7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit
(or other required permits), which incorporates any required design changes.
7.2.9 Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
7.2.10 Payment of applicable road impact fees are required prior to building construction. The assessed
impact fee will be based on the impact fee ordinance that is in effect at that time.
7.2.1 I 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
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007
prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during
any phase of construction.
7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
7.2.13 Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the 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. CENTRAL DISTRICT HEALTH DEPARTMENT
8.1 After written approval from appropriate entities is submitted, we can approve this proposal for
central sewage and central water.
8.2 The following plans must be submitted to and approved by the Idaho Department of Health &
welfare, Division of Environmental Quality: central sewage and central water.
8.3 Run-off is not to create amosquito-breeding problem.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007
C. Legal Description & Exhibit Map
TEALE=`~'S LANi3 .- , ..~, . , .-.~"•, -.a•y ~~t~r- s~,t,~s
S~lRVEYiNG t20813as-osss
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Pra~ect. No 3479
t3aie March 2, 240'7
pESCRiPTtON FGfa D-T p1STRICT
PROPOSEp SHAYLEE SUBDIVISION
A parcel of land being a portion of the NW 1I4 of Section 7 T 3N . R t E B M ,
and a portion of Black 4 of F A Nourse"s Tnsrd Additsan, as fated for record in the office cf
the Ada County Recorder. Boise, Idaho in Book 6 of Plats at page 289, Meridian. Ada
County, Idaho and more partocularty dsscnbed as follows.
Commencing at a brass cap marksng fns Northvrest earner of saFd Section 1.
thence slang the West boundary of said Section 7. whreh is also the certert~ne of North
Meridian Raad
South 00"24`t9" West 9t t 97 feet to the POINT OF BEGINNING, thence leaving
said centerline along a lins North of and parallel with the North boundary of said Block 4
Nartn 89"37'05" East 263 1 t feet to a paint on the North-South centerline of said
Block 4, thence along said centerline
South 40"28'48°" West 29 13 feet to a point, thence leaving said centerline
North 83"37'05" East 0.48 legit to a paint, thence along a tine East of and parallel
vuith sa+d West boundary o! Stock 4
South 00"24't9" 'West 100 S7 feet',o a point on said South boundary of Bock 4
thence slang said South bour~iary and South boundary extended
South 89"37'05" West 269 15 feet to a paint an said West boundary of Section 7
thence slang sand West boundary
North 40°24'19" East t34 04 test to the POINT OF BEGINNING..
Said parcel of land contains 0 785 acre more or Tess
f, ~~ ,;rt
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Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007
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Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007
D. Required Findings from Unified Development Code
1. Rezone 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 all of the subject property to O-T (Old Town). The
Council finds that the proposed zoning map amendment complies with the applicable
provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals,
Section 8, of the Staff Report.
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The Council finds that future development of this property will comply with the purpose
statement of the O-T zone, which encourages mixed use, compact development that
facilitates the efficient use of services. The Applicant is requesting a CUP for the townhouse
portion of the development because the proposed units do not meet the development
standards contained in the Downtown Meridian Design Guidelines (see Section 10 of this
report for more information).
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The Council finds that the proposed zoning map amendment will not be detrimental to the
public health, safety, or welfare. Staff recommends that the Commission and Council rely on
any oral or written testimony that may be provided when determining this 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 should not result in any adverse
impact upon the delivery of services by any political subdivision providing services to this
site.
e. The annexation is in the best of interest of the City (UDC 11-SB-3.E).
This finding is not applicable to the subject rezone request.
2. Conditional Use Permit Findings:
The Commission and Council shall review the particular facts and circumstances of each
proposed conditional use in terms of the following, and may approve a conditional use
permit if they shall find evidence presented at the hearing(s) is adequate to establish:
a. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
The Applicant is requesting a CUP for the townhouse portion of the development because the
proposed units do not meet the development standards contained in the Downtown Meridian
Design Guidelines. The Council finds that if the site is designed in accordance with the
site/landscape plan submitted with this application and the conditions of approval in Exhibit
Exhibit D
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007
B, the site will be large enough to accommodate the proposed use and meet all other
dimensional and development regulations of the O-T district.
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and
in accord with the requirements of this Title.
The Council finds that the proposed residential townhouses and future offices in the proposed
O-T zone comply with the objectives of the Comprehensive Plan.
c. That the design, construction, operation and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the
general vicinity and that such use will not adversely change the essential character of
the same area.
The Council finds that the proposed office and residential use of the property is compatible
with other uses in the general area and will not adversely change the character of the area.
d. That the proposed use, if it complies with all conditions of the approval imposed, will
not adversely affect other property in the vicinity.
The Council finds that the proposed development should not adversely affect other property
in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of
this staff report and constructs all improvements and operates the use in accordance with the
UDC standards.
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection, drainage
structures, refuse disposal, water, and sewer.
The Council finds that sanitary sewer, domestic water and irrigation is already provided to the
front portion of the development where the existing homes are and can be made available to
the townhouse units proposed at the rear of the property. Please refer to comments prepared
by the Public Works Department, Fire Department and other agencies.
f. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
The Council finds that the applicant will pay to extend the sanitary sewer and water mains to
the townhouse units at the rear of the site. No additional capital facility costs are expected
from the City. The applicant and/or future property owners will be required to pay highway
impact fees.
g. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The Council finds that the proposed development will not involve uses that will create
nuisances that would be detrimental to the general welfare of the surrounding area.
Staff recognizes the fact that traffic and noise will increase with the approval of this
development; however, Staff does not believe that the amount generated will be detrimental
to the general welfare of the public.
Exhibit D
CITY OF MER1DlAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007
h. That the proposed use will not result in the destruction, loss or damage of a natural,
scenic or historic feature considered to be of major importance.
The Council finds that the proposed development will not result in the destruction, loss or
damage of any natural feature(s) of major importance. Staff reconunends that the
Commission and Council reference any public testimony that may be presented to determine
whether or not the proposed development may destroy or damage a natural or scenic
feature(s) of major importance of which staff is unaware.
3. 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;
The Council finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan. Staff supports the proposed density and proposed plat layout, with
recommended changes, as they 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 are currently provided to the front portion of the
development where the existing homes are located and can be made available to
accommodate the proposed development at the rear of the property. (See Exhibit B of the
Staff Report for more details from public service providers.)
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 recommends the Commission and Council rely upon comments from the public service
providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B, Agency
Comments and Conditions, for more detail.)
e. The development will not be detrimental to the public health, safety or general welfare;
and
Staff is not aware of any health, safety, or environmental problems associated with the
development of this subdivision that should be brought to the Council or Commission's
attention. ACHD considers road safety issues in their analysis. Staff recommends that the
Commission and Council reference any public testimony that may be presented to determine
whether or not the proposed subdivision may cause health, safety or environmental problems
of which staff is unaware.
f. The development preserves significant natural, scenic or historic features.
Staff is unaware of any natural, scenic, or historic features on this site. Therefore, the
Council finds that the proposed development will not result in the destruction, loss or damage
Exhibit D
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007
of any natural, scenic or historic feature(s) of major importance. Staff recommends that the
Commission and Council reference any public testimony that may be presented to determine
whether or not the proposed development may destroy or damage a natural or scenic
feature(s) of major importance of which staff is unaware.
Exhibit D