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HomeMy WebLinkAboutBleak Subdivision AZ 02-034 BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR ANNEXATION & ZONING OF 4.8 ACRES TO R-3 ZONE FOR BLEAK SUBDIVISION ) ) ) ) ) ) ) ) RECOMMENDATION TO CITY COUNCIL RECEIVED MAR 2 6 2003 Case No. AZ-02-034 KENT & NANCY BLEAK, Applicant qty Of Meridian CIty Clerk Office 1. The property is approximately 4.8 acres in size and is located at 4920 W. Cherry Lane, Meridian. The property is designated as Low Density Residential. 2. The owner(s) of record of the subject property are Kent & Nancy Bleak, 4920 W. Cherry Lane, Meridian. 3. Applicant is same as owner. 4. The subject property is currently zoned RUT (Ada County) and consists of rural residential/agricultural property. 5. The Applicant requests the property be zoned as R-3 (Rural Medium Density Residential). 6. The subject property is bordered to the north, west, and east by rural residential/agricultural properties, and to the south by Tricia's Subdivision (zoned R-4). 7. The property which is the subject of this application is within the Area ofImpact 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 as a rural-residential 2- building lot subdivision. 10. The Applicant requests zoning of the subject real property as R-3 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Low Density Residential. 11. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION TO CITY COUNCIL FOR AFPROV AL OF ANNEXATION & ZONING FOR BLEAK SUBDVISION BY KENT & NANCY BLEAK - AZ-oZ-o34- Page I 12. The Planning and Zoning Commission recognized the concerns of Wendel Bigham, Joint School District No.2, expressed in his letter dated January 10, 2003. 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 Special Recommendations of the Planning and Zoning Commission as follows: I. Horses have been maintained on the subject property prior to passage of the requested annexation. The applicant shall be allowed to maintain up to 5 horses, maximum, on the property, subject to the provisions ofMCC 11-8- 1.D. If the property ceases to be used for such purposes for a period in excess of one year, horses may no longer be kept on the property. B. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: ANEXATION AND ZONING COMMENTS 1. Any existing domestic wells within this project will have to be removed from their domestic service, per MCC 5-7-517, wells may be used for non- domestic purposes such as landscape irrigation. At this point in time the two lots are not serviceable by the City of Meridian's sanitary sewer system. The applicant has an existing septic system on Lot 1, and he reports that he has recently gained approval from the Central District Health Department for a septic system on Lot 2. This sewer situation is acceptable with the Public Works Department, however, when sanitary sewer service is available, the owners of each lot will be required to cease using their septic systems and convert to the Meridian Sewer System per MCC 9-4-8A 2. The legal description for annexation and zoning appears to describe the subject property, and complies with the requirements of the State Tax Commission and City of Meridian. RECOMMENDATION TO CITY COUNCIL FOR AFPROV AL OF ANNEXATION & ZONING FOR BLEAK SUBDVISION BY KENT & NANCY BLEAK - AZ-oZ-o34- Page Z C. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approval 1. Construct a driveway on Black Cat Road located near the south property line, as proposed. Pave the driveway a maximum of20-feet wide and at least 30- feet into the site beyond the edge of pavement of Black Cat Road and install pavement tapers with IS-foot radii abutting the existing roadway edge. This driveway location is approved with a modification to policy. 2. Utilize the existing driveway on Cherry Lane located near the east property line. Pave the driveway a maximum of20-feet wide and at least 30-feet into the site beyond the edge of pavement of Cherry Lane and install pavement tapers with IS-foot radii abutting the existing roadway edge, as proposed. This driveway location is approved with a modification to policy. 3. Other than the access points specifically approved with this application, direct lot or parcel access to Black Cat Road and Cherry Lane is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 4. Dedicate 48-feet of right-of-way from centerline (or more) and construct a sidewalk on Black Cat Road and Cherry Lane no closer than 41-feet from the centerline of the roadway OR Do not dedicate any additional right-of-way on Black Cat Road or Cherry Lane and construct a minimum 5-foot wide concrete sidewalk on the roadways with an easement provided to the District. The face of sidewalk shall be located a minimum of 41-feet from centerline. OR Do not dedicate or construct sidewalk on Black Cat Road or Cherry Lane. A. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. The District will require a license agreement RECOMMENDATION TO CITY COUNCIL FOR AFPROV AL OF ANNEXATION & ZONING FOR BLEAK SUBDVISION BY KENT & NANCY BLEAK - AZ-oZ-o34- Page 3 for the landscape strip with the detached sidewalk. An agreement must be approved prior to scheduling the final plat for signature. Please contact the Right-of-Way Division at 387-3271 for guidelines. 5. 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. 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 ofIdaho 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. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. 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 RECOMMENDATION TO CITY COUNCIL FOR AFPROV AL OF ANNEXATION & ZONING FOR BLEAK SUBDVISION BY KENT & NANCY BLEAK - AZ-oZ-o34- Page 4 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. 11. 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. D. Adopt the Recommendations of the Meridian Fire Department as follows: I. The driveway approach shall have a minimum radius of 28' inside and 48' outside radius. 2. The fire access road shall be 20' wide and have a load bearing capacity of 70,000 Ibs. UFC 902.2.1 3. Streets which are greater than 150' in length and are not provided with an outlet are required to be provided with an approved turn-around. RECOMMENDATION TO CITY COUNCIL FOR AFPROV AL OF ANNEXATION & ZONING FOR BLEAK SUBDVISION BY KENT & NANCY BLEAK - AZ-oZ-o34- Page 5