HomeMy WebLinkAboutBlackstone No. 2 RZ-07-023 PFP-07-004CITY OF MERIDIAN C.~VI E IDIAN
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND l D A H 0
DECISION & ORDER
In the Matter of Rezone 0.62 acres from R-4 (Medium-low Density Residential) to R-8
(Medium Density Residential) AND Combined Preliminary /Final Plat of 3 residential lots
located in an R-8 zoning district for Blackstone No. 2, by Landmark Engineering and
Planning, Inc.
Case No(s). RZ-07-023 and PFP-07-004
For the City Council Hearing Date of: March 18, 2008 (Findings on the April 1, 2008 City
Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of March 18, 2008
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of March 18, 2008
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of March
18, 2008 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of March 18, 2008 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.
The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-SA.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-07-023 and PFP-07-004
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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, Final Plat and the
Conditions of Approval all in the attached Staff Report for the hearing date of March 18,
2008 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:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
dated 11/20/2007 is hereby conditionally approved;
2. The applicant's Final Plat as evidenced by having submitted the Final Plat dated
2/15/2008 is hereby conditionally approved;
3. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of March 18, 2008 incorporated by reference.
4. A Development Agreement is required with approval of the subject Rezone application
and shall include the provisions noted in the attached Staff Report for the hearing date
of March 18, 2008 incorporated by reference.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final
plat, or short plat shall become null and void if the applicant fails to obtain the city
engineer's signature on the final plat within two (2) years of the approval of the
preliminary plat or one (1) year of the combined preliminary and final plat or short plat.
In the event that the development of the preliminary plat is made in successive phases
in an orderly and reasonable manner, and conforms substantially to the approved
preliminary plat, such segments, if submitted within successive intervals of eighteen
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-07-023 and PFP-07-004
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(18) months, maybe 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 maybe granted. With all extensions, the Director or City Council may require
the preliminary plat, combined preliminary and final plat or short plat to comply with
the current provisions of Meridian City Code Title 11. If the above timetable is not met
and the applicant does not receive a time extension, the property shall be required to go
through the platting procedure again.
E. Notice of Final Action and Right to Regulatory Takings Analysis
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 maybe 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 maybe adversely affected by the issuance or denial of
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 March 18, 2008
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-07-023 and PFP-07-004
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By action of the City Council at its regular meeting held on the )g day of
• ~ , 2008.
COUNCIL MEMBER DAVID ZAREMBA VOTEDh~-
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
VOTED
VOTED
VOTED
Attest:
~`~~{
`~ ~
.~` ~
Weerd
Jaycee 1"Iolman, City Clerk
Copy served upon Applicant,
Attorney.
~ ~v
- ~E~IL
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'-.'9~ r~s~• .gam:
~V'fY •'~r
The P1annIn~47l~]~~rtment, Public Works Department and City
By: Dated: ~' ~ ~ ~ g
ty Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-07-023 and PFP-07-004
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CITY OF MERbDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 2008
STAFF REPORT Hearing Date: March 18, 2008
TO: Mayor and City Council
FROM: Bill Parsons, Associate City Planner
(208) 884-5533
SUBJECT: Blackstone No.2
• RZ-07-023
E IDIAN~--
. IDAHO
Rezone 0.62 acres from R-4 (Medium-low Density Residential) to R-8
(Medium Density Residential), by Landmark Engineering and Planning, Inc.
• PFP-07-004
Combined Preliminary /Final Plat of 3 residential lots located in a proposed R-
8zoning district, by Landmark Engineering and Planning, Inc.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
At the December 20, 2007 hearing, the Planning and Zoning Commission continued the project to
allow the applicant time to submit a rezone application to the Planning Department because the
site did not conform to the density requirements of the R-4 zoning district. The Commission felt
this was a unique situation where you have a project that complies with all of the dimensional
standards however cannot meet the densi requirements. The Commission determined rezoning
the property to an R-8 zone would allow the project to conform to the UDC. The
Comprehensive Plan designation for the site allows a range of 3 to 8 dwelling units fo the acre
and. supports a rezone of the property from R-4 to R-8. However, the comprehensive plan only
serves as a guide for future residential development; the zoning district dictates the density,
uses and dimensional standards for an individual site. Except for the gross densi ~, the
proposed project does comply with the dimensional standards of the R-4 zoning district.
The applicant, Landmark Engineering and Planning, Inc., has applied for a Rezone of 0.62 acres
from R-4 (Medium-low Density Residential) to R-8 (Medium Density Residential) and a
combined Preliminary/Final Plat (PFP) approval of 3single-family residential building lots on
0.59 acres of land for Blackstone Subdivision No. 2. The subject project contains a gross density
of 5.1 dwelling units to the acre and the maximum density allowed in an R-4 zone is 4 dwelling
units to the acre (per UDC 11-2A-1). The applicant is requesting approval to rezone the subject
site to an R-8 zone to comply with the density requirements of the UDC.
The subject site is located at 4700 W. Aspen Creek Street in Section 10, Township 3 North,
Range 1 West. This property is currently referenced as Assessor's Parcel Number 80988770050
and was previously platted with the Blackstone Subdivision (fka. English Gardens Subdivision),
Lot 5, Block 1, in the City of Meridian. The City's Comprehensive Plan Future Land Use Map
designates the subject property as medium-density residential and is currently zoned R-4.
The subject development is eligible for a combined preliminary /final plat application because
the proposed subdivision does not exceed four lots, there are no new streets being dedicated or
widened, and this development is not located within a floodplain, hillside, or the like (UDC 11-
6B-4A). The subject property is within the City's Area of Impact and within the existing
corporate boundaries of the City.
Blackstone No. 2 (PFP-0'7-004) PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 2008
2. SUMMARY RECOMMENDATION
The subject applications (}ZZ-07-023 and PFP-07-004) were submitted to the Planning Department for
concurrent review. Staff has provided a detailed analysis and recommended conditions of approval for the
RZ and PFP applications. At the December 20, 2007 hearing, Staff recommended approval of the
preliminary plat for two buildable lots and denial of the final plat. Staff is now recommending that
the RZ and PFP applications be approved with the conditions listed in Exhibit B of the staff report.
The Meridian Planning & Zoning Commission heard these items on December 20, 2007 and
February 7, 2008. At the February 7th public hearing, the Commission moved to recommend
approval of the subiect PFP and RZ request.
a. Summary of Commission Public Hearing:
i. In favor: Lenny Riccio, Chris Todd, John Carpenter, Paul Edminster
ii. In opposition: None
iii. Commenting: None
iv. Written testimony:. None
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: Caleb Hood, Ted Baird
b. Key Issue(s) of Discussion by Commission:
i. The five foot landscaping adjacent to the common driveway.
ii. Stubbing to the common driveway on the south side of the property. Future
access on Black Cat for the parcel south of the proposed development if the
project is not required to stub the common driveway.
iii. The density requirement of the R-4 zoning district.
iv. Rezoning the property from R-4 to R-8 to comply with the density requirements
of the UDC.
v. The number of homes that can take access from a common driveway in
accordance with the UDC.
c. Key Commission Change(s) to Staff Recommendation:
i. None
d. Outstanding Issue(s) for City Council:
i. Future access on Black Cat for the parcel south of the proposed development if
the subiect property does/does not provide internal (local) access.
~. Sum mary of City Council Public Hearin:
i. In favor: Lenny Riccio.
11. In onnosiNon: None
111. Commenting• None
11. Written testimony; None
~ Staff presenting annlication: Anna Canning
yi. Other .staff commenting on annlication: None
12. Ke y Issues of Discussion by Council:
1. Permitted and Conditional uses allowed in the R-4 versus the R-8 zoning
district
.
11. Devel~nment agreement for the site.
~, Ke y Council Changes to Staff/Commission Recommendation
Blackstone No. 2 (PFP-07-004) PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 2008
~, he Citv Council required a development agreement for the site: only
allowing for the construction of three sink amily homes. as nronosed
See Condition 1.1.2 in Exhibit B .below.
3. PROPOSED MOTIONS
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-
07-023 and PFP-07-004 as presented in the staff report for the hearing date of March 18, 2008,
with the following modifications to the conditions of approval: (Add any proposed
modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-07-
023 and PFP-07-004 as presented during the hearing on March 18, 2008, for the following
reasons: (State specific reasons for denial of the preliminary and/or final plat request.)
Continuance
After considering all staff, applicant and public testimony, I move to continue File Numbers
RZ-07-023 and PFP-07-004 to the hearing date of (insert continued hearing date here) for the
following reason(s): (State specific reason(s) for a continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
4700 W. Aspen Creek Street
Section 10, T.3N., R.1 W.
b. Applicant:
Landmark Engineering and Planning, Inc.
332 N. Broadmore Way,
Nampa, ID 83687
c. Owner:
Projects West, Inc.
2014 Meridian Street
South Puyallup, WA 98371
d. Representative: Same as applicant
e. Present Zoning: R-4
f. Present Comprehensive Plan Designation: Medium Density Residential
g. Description of Applicant's Request: The applicant, Landmark Engineering and Planning, Inc.,
has applied for a combined Preliminary/Final Plat (PFP) approval of 3 single-family
residential building lots on 0.59 acres of land for Blackstone Subdivision No. 2. The gross
density for the subdivision is 5.1 dwelling units per acre.
1. Preliminary Plat, labeled Sheet 1, Landmark Engineering and Planning, Inc., dated
11/06/07 (attached in Exhibit A)
2. Final Plat, labeled Sheet 1, Landmark Engineering and Planning, Inc., dated 11/02/07
Blackstone No. 2 (PFP-07-004) PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 2008
(attached in Exhibit A)
3. Landscape Plan, labeled Sheet 1, prepared by Landmark Engineering and Planning,
Inc., dated 9/25/07 (attached in Exhibit A)
h. Applicant's Statement/Justification: The Blackstone No. 2 project is requesting approval of 3
residential lots within the existing Blackstone Subdivision. The three proposed lots will share
a common driveway and will access onto W.Aspen Creek Street, an existing public street
within the Blackstone Subdivision. The existing perimeter landscaping is adjacent to Black cat
and Cherry Lane and the proposed lots will conform to the R-4 zoning district standards. The
site is expected to develop with single family residences similar to the existing homes in the
vicinity. It is the intent of the developer to construct a development that is of the utmost
quality and is harmonious to the surrounding single family developments.
5. PROCESS FACTS
a. The subject application will, in fact, constitute a preliminary plat, as determined by City
Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is
required before the Planning Commission and the City Council on this matter.
b. The subject application will, in fact, constitute a final plat, as determined by City Ordinance.
By reason of the provisions of the Meridian City Code Title 11, a public hearing is required
before the Planning Commission and the City Council on this matter.
c. The subject application will in fact constitute a rezone as determined by City Ordinance. By
reason of the provisions of UDC 11-SB-3, a public hearing is required before the Planning &
Zoning Commission and City Council on this matter.
d. Newspaper notifications published on: December 3, 2007 and December 17, 2007 for the
preliminary/final plat (Planning and Zoning Commission); January 21, 2008 and February 4,
2008 for the rezone; February 25, 2008 and March 10, 2008 (City Council)
e. Radius notices mailed to properties within 300 feet on: November 21, 2007 for the
preliminary/final plat (Planning and Zoning Commission); January 11, 2008 for the rezone;
February 22, 2008 (City Council)
£ Applicant posted notice on site by: December 10, 2007 for the preliminary/final plat (Planning
and Zoning Commission); January 28, 2008 for the rezone; March 8, 2008 (City Council)
6. LAND USE
a. Existing Land Use(s): A vacant residential lot.
b. Description of Character of Surrounding Area: Single-family residential uses are adjacent to
the north, south and east of the site with Ada County rural land to the east. This area is rapidly
transitioning from rural to urban.
c. Adjacent Land Use and Zoning:
1. North: Mill Iron Place Subdivision, zoned R-4
2. East: Single family residential (Blackstone Subdivision), zoned R-4
3. South: Single-farruly residential homes (Coral Creek Subdivision and Blackstone
Subdivision), zoned R-4
4. West: Single family residential /Pasture land, (Crestwood Subdivision), zoned RUT
(Ada County)
d. History of Previous Actions: The subject site was platted as Lot 5, Block 1, with the
Blackstone No. 2 (PFP-07-004) PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 2008
Blackstone Subdivision (fka. English Gardens Subdivision).
e. Existing Constraints and Opportunities:
1. Public Works
Location of sewer: N Tessa Ave
Location of water: N Tessa Ave
Issues or concerns: None
2. Vegetation: N/A
3. Floodplain: N/A
4. Canals/Ditches/Irrigation: N/A
5. Hazards: None known
6. Proposed Zoning: R-8
7. Size of Property: 0.59 acres
£ Subdivision Plat Information:
1. Residential Lots: 3
2. Non-residential Lots: 0
3. 'Total Building Lots: 3
4. Conunon Lots: 0
5. Other Lots: 0
6. Total Lots: 3
7. Open Lots: 0
8. Residential Area: 0.59 acres
9. Gross Density: 5.1 units per acre
10. Lot Sizes: Lot sizes range from 8,546 square feet to 8,604 square feet
g. Landscaping: (See Analysis Below)
1. Width of street buffer(s): N/A; existing
2. Width of buffer(s) between land uses: N/A
3. Percentage of site as open space: N/A
4. Other landscaping standards: N/A
h. Proposed and Required Residential Setbacks: As per the R-8 zone for single family dwellings.
Minimum Dimensional Standards (in feet unless otherwise noted)
Proposed Required
Front living area setback (from back of sidewalk) 15 15
Front accessed garage setback (from back of sidewalk) 20 20
Side setback 5 5
Rear setback 15 12
Blackstone No. 2 (PFP-07-004) PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 2008
Minimum property size
Maximum building height
8,000 (s.£) 5,000(s.£)
35 35
(No changes to the dimensional standards in UDC Table I1-2A-5 were requested or approved
with this application.)
i. Parking Requirements: UDC 11-3C-6 requires single family detached homes provide 2 car
parks in an enclosed garage with a 20 foot by 20 foot parking pad.
j. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): A common
driveway will be shared by all of the lots and access to this development will be provided from
a public street to/from W. Aspen Creek Street.
7. COMMENTS MEETING
On November 30, 2007 and January 18, 2008 (for the RZ), Planning Staff held an. agency
comments meeting. The agencies and departments present include: Meridian Fire Department,
Meridian Police Department, Meridian Parks Department, Meridian Public Works Department,
and the Sanitary Services Company. Staff has included all comments and recommended actions
as Conditions of Approval in the attached Exhibit B.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Medium Density Residential" on the Comprehensive Plan Future
Land Use Map. Medium density residential areas are anticipated to contain three to eight
dwelling units per acre (see Page 99 of the Comprehensive Plan). The proposed Preliminary
/Final Plat include 3single-family residential building lots on 0.59 acres for a gross density of 5.1
dwelling units/acre. The proposed density is within the anticipated density of the Comprehensive
Plan for this area and the proposed R-8 zoning district.
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):
• Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have
planned for the provision of all public services.
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian plans to provide municipal services to the lands
proposed to be annexed in the following manner.•
- Sanitary sewer and water service will be extended to the project at the developer's
expense.
- The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District.
Once annexed the lands will be under the jurisdiction of the Meridian City Fire
Department, who currently shares resource and personnel with the Meridian Rural Fire
Department.
- The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office.
Once annexed, the lands will be serviced by the Meridian Police Department (MPD).
- The roadways adjacent to the subject lands are currently owned and maintained by the
Ada County Highway District (ACRD). 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 service
will not change and the Meridian Library District should suffer no revenue loss as a
result of the subject annexation.
Blackstone No. 2 (PFP-07-004) PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 2008
Municipal, fee-supported, services will be provided by the Meridian Building Department,
the Meridian Public Works Department, the Meridian Water Department, the Meridian
Wastewater Department, the Meridian Planning Department, Meridian Utility Billing
Services, and Sanitary Services Company.
• Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from
incompatible land use development on adjacent parcels.
The applicant is proposing to rezone the site to an R-8 zone. This zone is compatible with the
surrounding residential subdivisions.
• Chapter VII, Goal I, Objective C, Action 4 -Require new residential development to meet
development standards regarding landscaping, signage, fences and walls, etc.
Landscape buffers and perimeter fencing exist along Black Cat Road and Cherry Lane.
• Chapter VII, Goal IV, Objective D, Action 2 -Restrict curb cuts and access points on
collectors and arterial streets.
Except for the common driveway, access has already been approved and constructed with the
Blackstone Subdivision.
• Chapter VII, Goal I, Objective D, Action 9 -Require new residential development to provide
permanent perimeter fencing to contain construction debris on site and prevent windblown
debris from entering adjacent agricultural and other properties.
Perimeter fencing exists along the property boundaries of the proposed residential lots.
• Chapter VII, Goal IV, Objective C, Action 10 - 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 applicant is proposing to rezone the site to R=8, medium density residential. The
applicant is proposing single family detached homes on lots ranging from 8,546-8,604
square feet in size, which Staff believes will provide the City with a variety of housing
opportunities.
9. UNIFIED DEVELOPMENT CODE
a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family dwellings as principal
permitted uses in the R-8 zone.
b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of
housing opportunities consistent with the Meridian Comprehensive Plan, Connection to the City
of Meridian water and sewer systems is a requirement for all residential districts. Residential
districts are distinguished by the allowable density of dwelling units per acre and corresponding
housing types that can be accommodated within the density range.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
REZONE: As mentioned earlier, the applicant is proposing to construct three single family
detached homes on the subject site. Under the current R-4 zoning district, the project exceeds the
Blackstone No. 2 (PFP-07-004) PAGE 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 2008
density allowance of the UDC. The applicant is requesting rezone approval to an R-8 zone which
allows a maximum of 8 dwelling units to the acre and would allow the 3-lot project to go forward
as proposed.
At the December 20'h public hearing, the Commission felt this was a unique situation where you
have a project that complies with all of the dimensional standards however cannot meet the
density requirements. The Commission determined rezoning the property to an R-8 zone would
allow the project to conform to the UDC. The Comprehensive Plan designation for the site allows
a range of 3 to 8 dwelling units to the acre and supports a rezone of the property from R-4 to R-8.
However, the comprehensive plan only serves as a guide for future residential development; the
zoning district dictates the density, uses and dimensional standards for an individual site. Except
for the gross density, the proposed project does comply with the dimensional standards of the R-4
zoning district. If the subject rezone is approved, the subject site will conform to the density
of the R-8 zone. Staff believes this may be considered spot zoning; however given the project
will be compatible with the surrounding residential neighborhoods and meet the
dimensional standards of the R-4 zone other than the density, Staff is supportive of the
rezone. Please see Exhibit D for detailed analysis of facts and findings.
The rezone legal description submitted with the application (prepared on December 21, 2007 by
William B. Erickson, PLS) shows the property within the existing corporate boundary of the City
of Meridian.
Development Agreement (DA): UDC 11-SB-3D2 provides the Planning & Zoning Commission
and City Council the authority to require a property owner to enter into a DA with the City of
Meridian that may require some written corrunitment for all future uses. Due to the small size of
the subject property and the Applicant's intent to improve the subject site, Staff believes
that a DA is not necessary in this instance. However, if the Commission or Council feels that a
DA 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; Staff recommends a clear
outline of the commitments of the developer being required.
PRELIMINARY/FINAL PLAT ANALYSIS: Based on the policies and goals contained in the
Comprehensive Plan and the general compliance of the proposal with the Unified Development
Code, Staff believes that this is a good location for the proposed single-family residential
development. Please see Exhibit C for detailed analysis of facts and findings for a preliminary
plat.
District Regulations: As noted above, the proposed project has a gross density of 5.1
dwelling units to the acre which conflicts with UDC 11-2A-1; allowing a maximum of 4
dwelling units to the acre in an R-4 zone. The applicant is requesting to rezone the site to
an R-8 zone to comply with the density requirements of the district regulations. If the
subject rezone is approved, the project would comply with the R-8 zoning districts
maximum density requirements of 8 dwelling units to the acre.
Common Driveways: UDC 11-6C-3 outlines specific criteria to be followed for projects
that share common driveways. The criteria is as follows: 1) no more than 4 dwelling units
are to share the common driveways, 2) The minimum width of said driveway shall be 20
feet, 3) the maximum length of the drive 150' or less unless approved by the City of
Meridian Fire Department, 4) common driveways shall be paved with a surface with the
capability of supporting fire vehicles and equipment, 5) all properties that abut a common
driveway shall take access from the driveway, 6) common driveways shall be straight or
provide a 28' inside and 4'8' outside turning radius, 7) any plats using a common
driveway, the setbacks, building envelope and orientation of the lots and structures shall
Blackstone No. 2 (PFP-07-004) PAGE 8
CITY OF MERPDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 2008
be shown on the preliminary plat and/ or final plat or attach an exhibit referencing the
above mentioned items, and 8) a perpetual ingress/egress easement shall be filed with
Ada County Recorder which shall include a requirement for maintenance of the paved
surface capable of supporting fire vehicles and equipment.
The applicant is proposing to develop the site with three single family detached homes
with access to a common driveway. The submitted site plan indicates the applicant is
constructing the common driveway in accordance with the UDC. The Meridian Fire
Department has stamped the applicant's site plan and referenced the driveway to be
constructed to handle a load of 75,000 lbs. The applicant will also be responsible for
meeting the parking requirements regarding single family detached residences.
Maintenance of the common driveway shall be the responsibility of the home owners of
the adjacent lots.
During the December 20, 2007 hearing, it was discussed by the Commission to stub
the common driveway to the County parcel south of the proposed development.
Several of the Commissioners were concerned with future access to the County
parcel and the possibility of ACRD restricting access to Ten Mile in the future
if/when said parcel were to develop. Staff recommends that the Commission decide
if stubbing the common driveway to the property to the south is .prudent.
Landscaping: The landscape plan submitted for this project, prepared by Landmark
Engineering and Planning, Inc., labeled Sheet 1, dated 9/25/07 shall be modified as
follows:
Per UDC 11-3B-8C, the applicant shall provide a minimum of 5 foot
perimeter landscape buffer along interior lot lines adjacent to the common
driveway with trees and groundcover.
• 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 upon completion of the
landscaping prior to Certificate of Occupancy for the site. All standards of
installation should apply as listed in UDC 11-3B-14.
Submit 10 copies of a revised landscape plan, reflecting the changes/notes
mentioned above, with the final plat application.
Elevations: The applicant subrrutted elevations for the subject project. Staff likes the
appearance of the conceptual elevations shown in Exhibit A. The features that staff
approves of are the gable rooflines facing the street, vertical siding, the covered porches,
and the brick veneer accents on the front facades. The applicant should construct homes
on the site that contain the above-mentioned design features. Vinyl siding should be a
prohibited building material for this site.
Common Areas/Open Space: Because this site is only 0.59 acres, the UDC does not
require any open space.
Drainage: A seepage bed for stormwater drainage is shown in the southeast corner along
the southern property boundary and is south of Lot 1 and east of Lot 3. No trees shall be
planted over the seepage beds. All storm drainage facilities shall comply with the
standards listed in UDC 11-3B-11, Stormwater Integration.
Pressure Irrigation: Pressurized irrigation is available for the subject site. All three lots
will be served by pressurized irrigation system that is being used by the Blackstone
Blackstone No. 2 (PFP-07-004) PAGE 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 2008
Subdivision and will be the responsibility of the homeowner of said lots. The City of
Meridian requires that pressurized irrigation systems be supplied by a year-round source
of water. The applicant should be required to utilize any existing surface or well water for
the primary source. If a surface or well source is not available, asingle-point connection
to the culinary water system shall be required. 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.
Fencing: The perimeter fencing for the subject site is already constructed and will
remain during and after construction is completed. Fencing should taper down to a 3 foot
maximum within 20 feet of all rights-of--way. All fencing shall be installed in accordance
with UDC 11-3A-7.
b. Staff Recommendation Staff recommends that the RZ and PFP applications for Blackstone #2 be
approved with the conditions listed in Exhibit B of the staff report. The Meridian Planning &
Zoning Commission heard these items on December 20,.2007 and February 7, 2008. At the
February 7'h public hearing the Commission moved to recommend approval of the subject PFP
and RZ request. he Meridian Citv Council heard these items on March 18.2008. At the nubli
ouncil annroved the subject 7,_and PFP reaue t
11. EXHIBITS
A. Drawings
1. Vicinity Map
2. Preliminary Plat
3. Final Plat
4. Landscaping Plan
5. Site Plan
6. Elevations
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
C. Legal Description and Exhibit
D. Required Findings from Unified Development Code
Blackstone No. 2 (PFP-07-004) PAGE 10
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 2008
A. Vicinity Map
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 2008
2. Preliminary Plat
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3. Final Plat (REVISEDI
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 2008
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 2008
6. Elevations
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 20, 2007
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 REZONE COMMENTS/PROVISIONS
1.1.1 The rezone legal description submitted with the application (prepared on December 21, 2007, by
William B. Erickson, PLS) is approved.
1..1.2 Prior to the rezone ordinance approval a Development Agreement (DAl for the site shall be
accomplished between the Ctv of Meridian and the prooert_vowner(sl (at_ the time of rezone
ordinance adoptionl. The applicant shall contact the Citv Attorney. Bill Narv. at 888-4433 within
6 months of Council approval to initiate this process. The DA shall include. at a m_ i_n_ im_ _um._the
following:
• The subiect site shall .develop only with single family homes: one per lot. totaling a
maximum of three homes/lots. Said homes shall substantially comply with the elevations in
Exhibit A.
1.1.3 Any future subdivision, uses, and construction on this property shall comply with the City of
Meridian ordinances in effect at the time of permit submittal.
1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT
1.2.1 The preliminary plat labeled as Sheet No. 1, prepared by Landmark Engineering and Planning,
Inc., and dated November 2, 2007, STAMPED November 6, 2007, by William B. Erikson, PLS,
is approved with the conditions listed herein.
1.2.2 Blackstone Subdivision No. 2 shall be subject to the UDC standards of the R-8 (Medium Density
Residential) zoning district.
1.2.3 Construct a common driveway on this site in accordance with UDC 11-6C-3D. Said driveway
shal'1 be constructed at a minimum of 20 feet in width, up to 150 feet in length and be able to
support fire vehicles and equipment up to75,000 lbs. and stamped approved by the Meridian Fire
Department. A perpetual ingress/egress easement shall be filed with Ada County Recorder which
shall include a requirement for maintenance of the paved surface capable of supporting fire
vehicles and equipment. The building setbacks should be measured from the edge of the common
driveway easement or property lines, whichever is more restrictive. In accordance with UDC 11-
3C-6, provide each single-family detached dwelling with atwo-car garage and a 20' x 20'
parking pad between the garage face and the common driveway (the asphalt for the common
driveway shall not count towards the required parking pad area). Maintenance of the common
driveway shal'1 be the responsibility of the Homeowner's of Blackstone No. 2.
1.2.4 This subdivision lies within the Nampa & Meridian Irrigation District; the Homeowners shall
own and maintain the pressurized irrigation system within the development. The City of Meridian
requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek
or well source is not available, asingle-point connection to the domestic water system shall be
required. If a single-point connection is utilized, the developer shall be responsible for the
payment of assessments for the irrigable landscape areas prior to signature on the final plat by the
Meridian City Engineer.
1.2.5 The water system shall be approved and activated, fencing installed, and the Final Plat for this
subdivision shall be recorded prior to applying for building permits.
1.2.6 All development improvements ~ including water, sewer, and pressurized imgation shall be
installed and approved prior to obtaining Certificates of Occupancy.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 20, 2007
1.2.7 Applicant will be responsible to construct all required sewer lines to the proposed subdivision.
Developer to coordinate sizing and routing with the Public Works Department, if necessary.
1.2.8 Applicant will be responsible to construct all required water lines to the proposed subdivision.
Developer to coordinate sizing and routing with the Public Works Department, if necessary.
1.2.9 Staff s failure to cite specific ordinance provisions or terms of the approved Preliminary Plat and
Final Plat for English Gardens Subdivision does not relieve Applicant of responsibility for
compliance.
1.2.10 Single family homes constructed on the site shall substantially comply with the elevations and
building materials (vertical and/or horizontal masonite /wood siding, brick accented front facades,
front porches, gable roof design) submitted with application PFP-07-004.
1.2.11 The developer shall comply with the parking requirements in accordance with UDC 11-3C-6.
1.2.12 Revise the landscape plan, prepared by Landmark Engineering and Planning, Inc., dated
9/25/2007:
1) Provide a minimum 5 foot buffer adjacent to the common driveway entryway with trees
planted every 35 linear feet.
1.3 SITE SPECIFIC REQUIREMENTS-FINAL PLAT
1.3.1 The final plat labeled as Sheet No. 1 and prepared by Landmark Engineering and Planning, Inc.,
STAMPED November 2, 2007, by William B. Erikson, PLS, is approved.
1.3.2 Applicant shall be required to pay Public Works development plan review and construction
.inspection fees, as determined during the plan review process, prior to signature on the final plat
per Resolution 02-374.
1.3.3 Revise or add the following notes to the face of the final plat:
1) Add note, "Maintenance of all common areas for Blackstone Subdivision (fka. English
Gardens) shall also be the responsibility of Blackstone Subdivision No. 2.
1.4 GENERAL REQUIREMENTS-PRELIMINARY /FINAL PLAT
1.4.1 Compaction test results must be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
1.4.2 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11.
1.4.3 Staff s failure to cite specific ordinance provisions or terms of the preliminary plat does not
relieve the applicant of responsibility for compliance.
1.4.4 All development shall comply with the Americans with Disabilities Act and the Fair Housing
Act.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is being proposed via extension of mains located in N
Tessa Ave.
2.2 Water service to this site is being proposed via extension of mains in N Tessa Ave.
2.3 The applicant sha1T install sewer and water mains to and through this subdivision; applicant shall
coordinate main size and routing with the Public Works Department. 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.
Exhibit B
CITY OF MERFDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 20, 2007
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 the
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
water for the primary source. If a surface source is not available, asingle-point connection to the
culinary water system shall be required. If a single-point connection is utilized, the developer will
be responsible for the payment of assessments for the common areas prior to signature on the
final plat by the City Engineer.
2.8 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC
shall be removed prior to signature on the final plat by the City Engineer.
2.9 Meridian Public Works specifications do not allow any large landscaping within a five foot radius
of water meters. The applicant shall make the necessary adjustments to achieve this separation
requirement and comply with all landscape requirements.
2.10 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that
intersect, cross or lie within the area being developed shall be tiled. Plans will need to be
approved by the appropriate irrigation/drainage district, or lateral users association (ditch
owners), with written approval or non-approval submitted to the Public Works Department prior
to plan approval. If lateral users association approval can not be obtained, alternate plans will be
reviewed and approved by the City Engineer.
2.11 Street signs are to be in place, water system shall be installed and activated, sewer system shall
have passed air-testing and video inspection, fencing installed, drainage lots constructed, road
base approved by the Ada County Highway District and the Final Plat for this subdivision shall
be recorded, prior to applying for building permits.
2.12 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
required improvements prior to signature on the final plat. These include but are not limited to,
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, and water.
2.13 All development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.14 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to signature on the final plat.
2.15 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.
2.16 Applicant shall be responsible for application and compliance with and NPDES Permitting that
Exhibit B
CITY OF MERFDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 20, 2007
may be required by the Environmental Protection Agency.
2.17 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.18 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.
2.19 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.
2.20 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.
2.21 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public
residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole
shall be required on subdivision entrances and collector roadways. Design of the streetlights shall
be approved by the Public Works Department. Decorative lights require a streetlight agreement
on file with Public Works prior to activation. All streetlights shall be installed at subdivider's
expense. Typical locations are at street intersections and/or fire hydrants, and no further than
400' distance in between locations. Final design locations and quantity are determined after
power designs are completed by Idaho Power Company. The street light contractor shall obtain
approval from the Public Works Department, and permit from Building Department prior to
commencing installations.
2.22 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells maybe used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.23 Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures
and inspections (208)375-5211.
3. FIRE DEPARTMENT
3.1 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.
3.2. All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside
radius.
3.3. All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and
shall have a clear driving surface which is 20' wide.
3.4 The Fire Dept. has concerns about the addressing of the existing house and the address being visible
from the street which the project is addressed off of. Please contact the Addressing Specialist at
898-5500 to address this concern prior to the public hearing.
3.5 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.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAR]NG DATE OF DECEMBER 20, 2007
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to the site design submitted with the application.
5. PARKS DEPARTMENT
5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape
Ordinance (UDC 11-3B-10) will be followed.
6. SANITARY SERVICE COMPANY
6.1 Prior to issuance of a certificate of zoning compliance, that applicant shall submit an approved site
plan from SBC.
6.2 Enclosure Numbers and or Capacity: There is a concern that you have not provided enough
enclosures to meet waste generation points and volumes that may be generated by the proposed
development. Please contact Bill Gregory at SSC (888-3999) to discuss this matter prior to
issuance of the certificate of zoning compliance.
6.3 Trash collection for the existing residence needs to be from a local street, not from a collector or
arterial.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 20, 2007
C. Legal Description and Exhibit _ _ _ __ _ _ _ ,._.~~_.._.__a.,_.._ .. _ _ ._ . _,...~._ ~_ . _ __
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ZONING LEGAL DESCRIPTION
BLACKSTONE SUBDIVISION N0.2
A Parcel of land located in the N W 1/4 of $ection'10, Township 3 North,l2ange 1 West,.
Boise TNeridian, City of Meridian, Ada County, Idaho being,Lot 5, Block 7 of Blackstone
Subdivision as recorded in Book 82 at Page 8947 through 8949 of Plats, Ada ~oupty,
`Idaho :and also a portion of N. Tessa. Avenue and W. Aspen .Creek Street Right-of Ways,
more parficularly described as follows:
Commencing at a 5/8 inch iron rod marking the Northwest corner of said Scetjgn 10;
'thence along t}ic North line of the said NW ]/4, South 89° 40' 23" East, X8..44 feet;
Thence leaving said, North line, Soulh 0° 19' 37"'West, 74.93. feet to a 5%8 inch. iron rod
marking the Northwest :corner of said Lot 5 and the POINT DF BEGINNING;
Thence alons the boundary of said Lot 5 the following courses: South-8'9° 38' '12" Bast,
212:'73 feet to a 5/8 inch iron rod; "!'hence South 0° 1 T 30" West, 6G.0.0 feet tp a S%8 inch
iron rod'; Thence South 55° 18' 36" Lasi,'48.79 feet•'to•A 5%8'iitch iron rod on the
.Northwesterly IZight~of-V/ay of N.1'essa Ave. % W. ~syen Craek Sheet; 'T'hence leaving
said boundary of LO'I 5,, South.35° 18' 36" r.,ast, 35:7 fee~.to a point ofnon-tangency;
Thence 4,8.12 feet along a 25.75 foot radius:cutve to-tho le4'C tltmugh a central angle of
t07° 04' 04"the chord of which bears South:48° 48' .16" West, 41.42 feet. to a point of
aeon-tangency; Thence North 54° 56' 29" West, 29.01 feet to a paint on the
Northwesterly'Right-of--Way of.N. 'Tessa Ave. / W. Aspen Creek. Street; "fltence aloof;
the Boundary of sitid"'Lot 5 the following courses: Thence North 54° SG 29" \~Vest, 56. T 8
feet to a 5/8 inch. jinn rod; Thence South 89° SS' 36" West, 48:92 feet to a 5/8 inch iron
md; Thence$outh 0° 04' 24" }past, 33.20'feet; Thence South 89° SS' 3G" West, 131.:99
feet to a S/8 inch iron rod; Thence North 0° O.G' 35" Wcst, 129.31 Feet to the POINT Or
13CCiNNING.
;Said parcel contains 26,874 sq,. 1. or 0:G2 acres; more or less, and is subject to any and ull
easementsand/or rights=of:way ofrecor~d.
NOTE: 'this description is to be used for zoning purposes only. It is in no way intended
to be used foe transfer oPti4le.
REVIEW Al.
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Exhibit C
CITY OF MERlD1AN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 20, 2007
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Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 20, 2007
D. Required Findings from Unified Development Code
1. Preliminary/Final 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:
1. 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. The Council 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.
Public services are available or can be made available and are adequate to
accommodate the proposed development;
The Council finds that public services can be made available to accommodate the
proposed development. (See Exhibit B of the Staff Report for more details from public
service providers.)
3. 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.
4'. There is public financial capability of supporting services for the proposed
development;
Staff recommends the Commission and Council rely upon comments from the public
service providers (i.e., Police, Fire, ACRD, etc.) to determine this finding. (See Exhibit
B, Agency Comments and Conditions, for more detail.)
5. The development will not be detrimental to the public health, safety or general
welfare; and
The Council is not aware of any health, safety, or environmental problems associated
with the development of this subdivision, '~ ~'-~ +~°~ '~'° ° ^"^~=~°a, that
should be brought to the Council attention. ACRD considers road safety issues in their
analysis. Staff recommends that the Commission and Council reference any public
testimony that may be presented to determine whether or not the proposed subdivision
may cause health, safety or environmental problems.
6. The development preserves significant natural, scenic or historic features.
The Council 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 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
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 20, 2007
2. 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 the subject property to R-8. 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 single family residences are permitted within the requested R-8 zoning
district. Staff finds that any future use and / or development of this property should comply
with the established regulations and purpose statement of the R-8 zoning district.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The Council finds that the proposed zoning 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 maybe provided when determining this finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
The Council finds that the proposed zoning amendment will not result in any adverse impact
upon the delivery of services by any political subdivision providing services to this site.
Exhibit D