HomeMy WebLinkAboutFindingsRECF_,TVF,D
NOV 1 9 2009
CITY OF Cif' DpI~n~--
:ITYCLERKS OFFICE
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
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In the Matter of the Request to Annex and Zone of 5.02 Acres from RUT (Ada County) to
R-4 (Medium Low-Density Residential) Zoning District, by BI, LLC
Case No(s). AZ-09-006
For the City Council Hearing Date of: November 10, 2009 (Findings on the November 24,
2009 City Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of November 10, 2009,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of November 10, 2009,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
November 10, 2009, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of November 10, 2009, 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.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-09-006
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 and Development Agreement in the
attached Staff Report for the hearing date of November 10, 2009, 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 Annexation as evidenced by having submitted the legal description and
exhibit map stamped and dated August 28, 2009 by Clinton W. Hansen, PLS, is hereby
conditionally approved; and,
2. A Development Agreement is required with approval of the subject annexation and
shall include the provisions noted in the attached Staff Report for the hearing date of
November 10, 2009, incorporated by reference.
D. Attached: Staff Report for the hearing date of November 10, 2009.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-09-006
-2-
By ction oft e City Council at its regular meeting held on the 7 ~ day of
2009.
COUNCIL MEMBER DAVID ZAREMBA VOTED U~~
COUNCIL MEMBER BRAD HOAGLUN VOTED
COUNCIL MEMBER CHARLIE ROUNTREE VOTED
COUNCIL MEMBER KEITH BIRD VOTED
.r---
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Attest:
aycee~lman, City Clerk
Copy served upon Applicant,
Attorney.
Ma~;Q~,~'a y de Weerd
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SEAL -
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~~~~ ~ ~'nent, Public Works Department and City
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By: Dated: ~ Z~ I ~ 0 q
City C1 's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-09-006
-3-
STAFF REPORT Hearing Date: November 10, 2009
TO: Mayor and City Council
FROM: Bill Parsons, Associate City Planner
208-884-5533
SUBJECT: AZ-09-006 - B1
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I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, B 1, LLC, has applied to annex and zone 5.02 acres from the RUT zoning district in
Ada County to the R-4 (Medium Low-density Residential) zoning district in the City. At this time,
the applicant is proposing to construct (1) single family detached home on the subject site with plans
to subdivide the remaining property in the future.
II. SUMMARY RECOMMENDATION
Staff is recommending approval of the proposed annexation and zoning based on the Findings of Fact
and Conclusions of Law in Exhibit D with the requirement of a Development Agreement that
includes the provisions noted in Exhibit B of the staff report. The Meridian Planning & Zoning
Commission heard this item on October 1, 2009. At the public hearing the Commission voted to
recommend approval of the subject AZ request.
a. Summary of Commission Public Hearing:
i. In favor: Jim Conger (Applicant's Representative)
ii. In opposition: None
iii. Commenting: Tyler Rountree, Marcel Goldberg
iv. Written testimony: Provided by the applicant's representative.
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: Pete Friedman, Scott Steckline
b. Key Issue(s) of Discussion by Commission:
i. Extension of E. Commander Street to Jericho Road.
ii. The option of connecting with the stub street that currently exists at the northern
boundary of Madelyn Estates Subdivision.
iii. Compatibility of the future homes with the existing homes in the area.
c. Kev Commission Change(s) to Staff Recommendation:
i. The Commission modified DA provision #4 to include the option of a stub street to the
south if a public street is provided at the southern boundary at the time a preliminary
plat is proposed for the property.
ii. The Commission at staffs request modified DA provision #1 to include CZC approval
prior to construction of the future home and said placement of the home not prohibit
the extension of E. Commander Street through the property.
d. Outstanding Issue(s) for City Council:
i. Connection with Jericho Road.
~_ ummarv of Citv Council Public Hearin:
~ In favor: Jim Comer (Apnlicant's Renresentativel
In opposition: None
B1 Annexation PAGE 1
Commenting: None
lY, Written testimony: None
~ Staff presenting application: Bill Parsons
Yl. Other staff commenting on application: Pete Friedman
Iz, ev Issues of Discussion by Council:
iii Requirement for a CZC prior to issuance of a building permit for the future home
site•
uture connectivity of E Commander street with adioinin~ propertie
~_ Key Council Changes to Staff/Commission Recommendation
i~ ouncil modified DA provision #1 and replaced the requirement of CZC approva
for the future home site with an Exhibit that illustrates the building envelope for the
future home.
ii. Council modified DA provision #4 to read E. Commander Street is to be extended at
e time the property redevelops
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number AZ-09-
006, as presented in the staff report for the hearing date of November 10, 2009 with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number AZ-09-006,
as presented during the hearing on November 10, 2009, 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.)
Continuance
I move to continue File Number AZ-09-006 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located east of Jericho Road, a '/ of a mile south of Chinden Boulevard and
approximately 650 feet west of Locust Grove Road in the NE '/ of Section 30, Township 4 North,
Range 1 East.
B. Owner/Applicant(s):
B 1, LLC
PO Box 1610
Eagle, ID 83616
C. Representative:
Jake Centers, (208) 888-4333
D. Applicant's Statement/Justification: Please see applicant's application for this information.
V. PROCESS FACTS
A. The subject application is for annexation and zoning. A public hearing is required before the
Planning & Zoning Commission and City Council on this matter, consistent with Meridian City
Code Title 11, Chapter 5.
B 1 Annexation PAGE 2
B. Newspaper notifications published on: September 14 and 28, 2009(Commission); October 19,
2009 and November 2, 2009 (City Council)
C. Notices mailed to subject property owners on: September 11, 2009(Commission); October 15,
2009 (City Council)
D. Applicant posted notice on site(s) on: September 21, 2009 (Comrnission); October 14, 2009
(City Council)
VI. LAND USE
A. Existing Land Use(s) and Zoning: The subject site is currently vacant developable land; zoned
RUT in Ada County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: The character of the
surrounding area is residential in nature. The only non-residential use is the school site that abuts
the northern boundary.
1. North: Single family residential and Central Academy High School, zoned R-2 and R-4
2. East: Single family residential (Reserve Subdivision), zoned R-4
3. South: Rural residential property, zoned RUT in Ada County
4. West: Single family residential (Arcadia Subdivision), zoned R-8
C. History of Previous Actions: In 2005, this property requested annexation and then withdrew the
application.
D. Utilities:
1. Public Works:
a. Location of sewer: E Commander St.
b. Location of water: E Commander St
c. Issues or concerns: None
E. Physical Features:
Canals/Ditches Irrigation: Staff is unaware of any canals or ditches that may traverse this
property.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This property does not lie within a floodplain.
F. Access: E. Commander Street is stubbed along the eastern property boundary and provides access
for the future home. Upon future development of this property E. Commander Street will be
required to be extended through the site and provide connectivity with Jericho Road located in the
northwest corner of the site.
VII. 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 applicant is requesting an R-4 zoning
designation with the annexation of this property. The Unified Development Code (UDC) allows a
maximum of 4 dwelling units to the acre which would allow a maximum of 20 homes on this
property. At this time, the applicant is proposing to construct (1) single family home on the site and
subdivide the property at a later date. If the site is developed in a fashion consistent with the density
B 1 Annexation PAGE 3
requirements of the UDC, the anticipated density of the site would comply with the aforementioned
density range of the Medium Density Residential land use designation.
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 (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 service
will not change and the Meridian Library District should suffer no revenue loss as a
result of the subject annexation.
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 a residential zone. The majority of the surrounding property is
developed with single family homes. Thus, the applicant's proposal including future
development of the site will be compatible with surrounding land uses.
• Chapter VII, Goal IV, Objective D, Action 2 -Restrict curb cuts and access points on
collectors and arterial streets.
Currently E. Commander Street, designated a local street, is stubbed along the eastern
property boundary and provides connectivity for the .future home site. The recommended
conditions of approval include a Development Agreement provision that future development
of the property will necessitate that E. Commander Street be extended through the site to
connect to Jericho Road.
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.
Bl Annexation PAGE4
The subject application includes a request for the R-4 medium low-density zoning
designation. The applicant is proposing (1) single family detached home. Staff believes future
development of this site with single.family detached homes provides the City with a variety of
housing opportunities that complements the proposed multi family, patio homes, and alley-
loaded homes existing and planned_for the area.
• Chapter VII, Goal N, Objective C, Action 3 -Require usable open space to be incorporated
into new residential subdivision plats.
At this time, the applicant is not proposing to plat the property; however staff is
recommending a DA provision that the site be subject to the UDC open space requirements at
the time ofplat approval.
• Chapter VI, Goal II, Objective A, Action 6 -Require street cornlections between subdivisions
at regular intervals to enhance connectivity and better traffic flow.
One stub street exists at the eastern boundary. The extension of this street will be required
upon future development of this site. Said street shall extend through the site to Jericho Road
located at the northwest corner of the property. Staff believes requiring this connection
enhances connectivity and improves the traffic flow as previous developments made
provisions for future connectivity prior to this site developing.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: The applicant is requesting an R-4 zoning district for the
property. 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.
B. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family dwellings as principal
permitted uses in the R-4 zoning district.
C. Dimensional Standards: The site shall comply with the dimensional standards listed in UDC
Table 11-2A-2 for the proposed R-4 zoning district.
D. Landscaping: The subject site shall comply with the common open space and site amenity
requirements listed in UDC 11-3G-3 when the property is platted in the future.
E. Parking: Table 11-3C-6 requires single family detached homes with 2/3/4 bedrooms to provide
four (4) parking spaces; at least two spaces in an enclosed garage and at least two spaces being
a 20-foot by 20-foot parking pad. Future home sites should comply with this requirement.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The request is to annex and zone 5.02 acres of land from the RUT zoning district in Ada County to
the R-4 zoning district in the City. At this time, the applicant is proposing to construct one (1) single
family detached home on the subject site with plans to subdivide the remainder of the property in the
future.
The Comprehensive Plan future land use map designation for this property is Medium Density
Residential, which is consistent with the proposed R-4 district. Future development of this site must
comply with the dimensional standards of the R-4 zoning district listed in UDC 11-2A-5. Further
as a requirement of the development agreement (DA), staff is recommending no more than
Bl Annexation PAGE 5
one (1) single family detached home be constructed on the site until the property is subdivided
in accordance with the Unified Development Code (UDC).
The annexation legal descriptions submitted with the application (stamped on August 28, 2009 by
Clinton W. Hansen, PLS) shows the property as contiguous to the existing corporate boundary of the
City of Meridian.
Outdoor Storage: As mentioned earlier, the land proposed for annexation is vacant developable land.
However, the applicant is storing construction materials on a portion of the property. Based on the
materials being stored on the property, UDC 11-1A-1 defines this use as a contractor's yard
which is not an allowed use in the R-4 zoning district. Staff is recommending the outdoor
storage of construction material on this site cease with the annexation of the property. Staff is
recommending a building permit not be issued until the contractor's yard is removed from the
property.
Access: E. Commander Street is stubbed along the eastern property boundary and provides access for
the future home. Upon future development of this property and as a provision of the development
agreement staff is recommending E. Commander Street be extended through the site and provide
connectivity with Jericho Road located in the northwest corner of the site.
Off-street parking: Table 11-3C-6 requires single family detached homes with 2/3/4 bedrooms to
provide four (4) parking spaces; at least two spaces in an enclosed garage and at least two spaces
being a 20-foot by 20-foot parking pad. Future homes on this site must comply with this requirement
of the UDC.
Landscaping: As mentioned above, E. Commander Street will be extended through the site when an
actual plat is proposed for the site. Because the street is designated local street and the zoning
proposed for the property is residential, the UDC does not require a street landscape buffer. However,
the property proposed for annexation exceeds 5 acres. UDC 11-3G-3 requires 10 percent of common
open space for the single family developments of five (5) acres or more. Staff is recommending a
DA provision that requires the applicant comply with the applicable UDC open space and
amenity requirements in effect at the time of plat submittal.
Design Review: Although the annexation of this property is not subject to Design Review, staff feels
the applicant could develop the site consistent with the objectives and guidelines for residential
developments (Section E) listed in the Meridian Design Manual. Staff is recommending a DA
provision that elevations be submitted with any preliminary plat application. These elevations
should be consistent with the Architectural Character objectives and guidelines listed in Section
E. Residential Design Guidelines referenced in the Meridian Design Manual.
Development Agreement: UDC 11-SB-3D2 and Idaho Code § 65-6711A provides the City the
authority to require a property owner to enter into a Development Agreement (DA) with the City that
may require some written commitment for all future uses. Staff believes 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. If the Commission or Council feel that
additional development agreement provisions are necessary, staff recommends a clear outline of the
commitments of the developer being required. Please see Exhibit B for a list of DA provisions
applicable to this site.
In summary, Staff is supportive of the Applicant's proposal to annex this site with an R-4 zoning
designation with the recommended DA provisions listed in Exhibit B of this report.
X. EXHIBITS
A. Drawings
BI Annexation PAGE 6
1. Vicinity Map
2. Conceptual Plat
3. Location of the Future Home Sitc Only (re ercrrcc DA provision #4 for roacha~a~ extension
B. Comments/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. Annexation Legal Descriptions & Exhibit Map
D. Required Findings from Unified Development Code
B 1 Annexation PAGE 7
A. Drawings
1. Vicinity Map
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Exhibit A
2. Conceptual Plat
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Exhibit A - 2 -
3. Location of the Future Home Site Onlv (reference DA ~rovision #~or roadwa yextension
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EXHIBIT B: AGENCY & DEPARTMENT COMMENTS
On September 10, 2009, Planning Staff held an agency comments meeting. The agencies and departments
present include: Meridian Fire Department, Meridian Public Works Department, Meridian Parks
Department and Meridian Police Department. Staff has included all comments and recommended actions
in the attached Exhibit B.
1. PLANNING DEPARTMENT
1.1 The legal descriptions and exhibit map for the proposed annexation submitted with the
application (stamped on August 28, 2009, by Clinton W. Hansen, PLS) shows the property within
the existing corporate boundary of the City of Meridian (see Exhibit C).
1.2 A Development Agreement (DA) will be required as part of the annexation of this property. Prior
to the annexation ordinance approval, a DA shall be entered into between the City of Meridian,
the property owner(s) at the time of annexation ordinance adoption, and the developer. The
Applicant shall contact the City Attorney's Office, 898-5506, within one year of Council
approval to initiate this process. Currently, a fee of $303.00 shall be paid by the applicant to the
City Clerk's office prior to commencement of the DA. The DA shall, at minimum, incorporate
the following provisions:
No more than one (1) single family home shall be constructed on the site until the property is
subdivided in accordance with the Unified Development Code (UDC). The future home shall
not be placed on the site to impede the extension of E. Commander Street through the
property- _ - - - -_
f~*~~~°''^~° ~ *^ *n° ~ ^~„ >,,,:'a;~rt „°^T~~Placement of the future home shall
- _.__ - _
-- - -_
comply with the butldin~_envelope depicted on exhibit A3-.
2. All future development (future plat) of the subject property shall comply with Ciry of
Meridian open space and amenity requirements in effect at the time of development.
3. The applicant shall submit elevations consistent with the Architectural Character objectives
and guidelines listed in Section E. Residential Design Guidelines referenced in the Meridian
Design Manual with any future preliminary plat application.
4. E. Commander Street shall be extended through the site _
- -- _-- - - - _ at the
time the~roperty is redeveloped (platted).
5. Development of the subject property shall comply with the R-4 standards listed in UDC 11-
2A-5.
6. All future development of the subject property shall comply with City of Meridian ordinances
in effect at the time of development.
7. The applicant shall be responsible for all costs associated with sewer and water service
installation.
8. The outdoor storage of construction material and vehicles on this site shall cease with the
annexation of the property. A building permit shall not be issued until the contractor's yard
and vehicles are removed from the property.
2. PUBLIC WORKS DEPARTMENT (FUTUREPLAT COND/TIONS)
2.1 Sanitary sewer service to this development is being proposed via extension of mains in E
Commander St. The applicant shall install mains to and through this subdivision; applicant shall
coordinate main size and routing with the Public Works Department, and execute standard forms
Exhibit B
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 constructed from E Commander Road to N Jericho Road. being
2.3 The applicant shall provide a 20-foot common lot for all public water/sewer mains outside of
public right of way. The common lot shall be covered with a blanket easement to the City of
Meridian.
2.4 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). The easements shall not be dedicated via
the plat. The description shall be consistent with the graphically depicted easements on the plat
but be recorded as a separate document using the City of Meridian's standard forms. Submit an
executed easement (on the form available from Public Works), a legal description, which must
include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and
distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a
Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this
document.
2.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). 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
the issuance of an occupancy permit.
2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6.
Plans shall 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.
If lateral users association approval can't be obtained, alternate plans shall be reviewed and
approved by the Meridian City Engineer prior to final plat signature.
2.7 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 may be 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.
2.8 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.
2.9 Street signs are to be in place, water system shall be approved and activated, 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.
2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water.
2.11 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.
Exhibit B - 2 -
2.12 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to construction plan approval.
2.13 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.
2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.16 All grading of the site shall be performed in conformance with MCC I 1-12-3H.
2.17 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.
2.18 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.
2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage
facility within this project that do not fall under the jurisdiction of an irrigation district or the
ACHD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.20 At the completion of the project, the applicant shall be responsible to submit record drawings
per the City of Meridian AutoCAD standards. These record drawings must be received and
approved prior to the issuance of a certification of occupancy for any structures within the
project.
2.21 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by
the Public Works Department. 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 One and two family dwellings not exceeding 3600 square feet will require afire-flow of 1,000
gallons per minute for a duration of 2 hours to service the entire project. One and two family
dwellings greater than 3600 square feet and greater will require a minimum fire flow as specified in
Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by
Appendix C of the International Fire Code.
3.2 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.
3.3 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 placed 18" above finished grade to the center of the 4 ''/z" outlets.
Exhibit B - 3 -
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.
3.4 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.
3.5 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 and support an imposed weight of 75,000
GVW.
3.6 Insure that all yet undeveloped parcels are maintained free of combustible vegetation.
3.7 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.
3.8 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.
3.9 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).
For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183
m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet
(183 m).
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to the application.
5. PARKS DEPARTMENT
5.1 The Parks Department has no concerns related to the application.
6. SANITARY SERVICES COMPANY
6.1 SSC did not submit comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT
SITE SPECIFIC CONDITIONS OF APPROVAL
This application is for annexation and rezone only. Listed below are some of the site specific conditions
that the District may identify when it reviews a future development application. The District may add
additional site specific requirements when it reviews a specific redevelopment application.
7.1 Extend Commander Street through the site and connect it to Jericho Road as a 33-foot street
section with curb, gutter, and minimum 5-foot wide attached (or 4-foot wide detached) sidewalk.
Obtain approval from the Meridian Fire Department for the reduced street section width. Provide
a public use easement for any portion of sidewalk located outside of the right-of--way.
Exhibit B - 4 -
7.2 Enter into a license agreement for any landscaping located within ACHD right-of--way abutting
the site.
7.3 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 ACRD 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 maybe 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 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.
7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days
prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
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.
Exhibit B - 5 -
C. Annexation Legal Descriptions & Exhibit Map
Legal Description for Annexation
The Reserve No. 2 Subdivision
Parcel SQ53O14195O
A parcel being located in the SE'/. of the NE'/d of Section 30, Township 4 North, Range 1 East,
Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at a brass cap monument marking the northeast corner of the NE '/a of said
Section 30, from which an aluminum cap monument marking the southeast corner of the NE '/,
of said Section 30 bears S 0°3725" W a distance of 2656.57 feet
Thence S 0°37'25" W along the easterly boundary of said NE '/. a distance of 1328.32 teat to a
5/8 inch diameter iron pin marking the northeast corner of said SE'/, of the NE'/<;
Thence leaving said easterly boundary N 89°49'37" W along the northerly boundary of said
SE '/~ of the NE '/4, said northerly boundary also being the northerly boundary of The Reserve
Subdivision as shown in Book 97 of Plats at Page 12153, records of Ada Gounty, a distance of
655 88 feet to a 5!8 inch diameter iron pin marking the northwest corner of said The Reserve
Subdivision, and the POINT OF BEGINNING;
Thence leaving said northerly boundary S 0`3T58" W along the westerly boundary of said The
Reserve Subdivision a distance of 332.22 feet to a 5l8 inch diameter iron pin marking the
southwest corner of said The Reserve Subdivision;
Thence leaving said westerly boundary N 89°50'11" W a distance of 647.51 feet to a point;
Thence N 0°31'31" E along a line being 10.00 feet easterly of and para8el to the westerly
boundary of said SE %. of the NE '/< a distance of 332.32 feet to a point on the northerly
boundary of said SE 'f4 of the NE '/.;
Thence S 89°49'37" E along said northerly boundary of said SE %. of the NE ''/a. said northerly
boundary also being the southerly boundary of Westborough Subdivision as shown in Book 87
of Plats at Page 9884, records of Ada County, a distance of 848.13 feet to the POINT OF
BEGINNING.
This parcel contains 4,94 acres.
Clinton W. Hansen, PLS
Land Solutions. PC
August 28, 2009
REVIE QVAL
8Y
SEP 0 i 2~9
%htR~p,~?ueuc
~..~ t~`1 ~~Qii ~#~aL7 i'f s
The Reserve Subd~u~sion No 2
Job No 0$-35
Exhibit C - 1 -
legal Description for Annexation
The Reserve No. 2 Subdivision
ParcelSOS30141950
A parcel being located in the 5E'/< of the NE'/. of Section 30, Township 4 Narth, Range 1 East,
Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at a brass cap monument marking the northeast corner of the NE % of said
Section 30, from which an aluminum cap monument marking the southeast corner of the NE %.
of said Section 30 bears S 0°37'25" W a distance of 2656.57 feet.
Thence S 0°3725" W along the easterly boundary of said NE %. a distance of (328.32 feet to a
5!8 inch diameter iron pin marking the northeast corner of said SE '/, of the NE'/,;
Thence leaving said easterly boundary N 89°49'37" W along the northerly boundary of said
SE Y of the NE '/4 a distance of 1304.01 feet to the POINT OF BEGINNING;
Thence leaving said northerly boundary S 0"31'31" W along a One being 10.00 feet easterly of
and parallel to the westerly boundary of said SE '/. of the NE '/. a distance of 332.32 feel to a
point;
Thence N 89°50'11" W a distance of 10.00 feet to a 5f8 inch diameter iron pin on the westerly
boundary of said SE'/o of the NE %<;
Thence N 0"31'31" E along said westerly boundary a distance of 332.32 feet to a 5t8 inch
diameter iron pin marking the northwest corner of said SE '/, of the NE '/.;
Thence S 89°49 37" E along the northerly boundary of card SE '/< of the NE '/. a distance of
10.00 feet to the POINT OF BEGINNING.
This parcel contains O.D8 acres (3.323 square feet)
Clinton W. Hansen, PlS
Land Solutions. PC
Augus# 28, 2009
REVI OVAL
SEP 01 2~
N' yjpRKS DEP'tiC
~.,c~l J d~1l~1J~~st3]"!5
The Reserve Subdivsion Na e
Job No OB-35
Exhibit C - 2 -
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Exhibit C - 3 -
D. Required Findings from Unified Development Code
1. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation
and/or rezone, the Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Applicant is proposing to zone the subject property from RUT in Ada County to R-4
zone in the City. The Council finds that the proposed zoning map amendment complies with
the applicable provisions of the Comprehensive Plan.
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The Council finds that the proposed map amendment to R-4 is consistent with the purpose
statement for the residential districts.
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 may be provided when determining this finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
The Council finds that the proposed zoning amendment will not result in any adverse impact
upon 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 ll-SB-3.E).
The annexation of this property and subsequent zoning of the site to R-4 is consistent with the
comprehensive plan future land use map and UDC standards as detailed in this report. The
Council finds that Annexation and Zoning of this property to an R-4 zoning district is in the
best interest of the City if a development agreement is entered into between the City and the
property owner.
Exhibit D