CC - Staff ReportLinder Village –AZ, PP, VAR H-2017-0088 PAGE 1
STAFF REPORT
Hearing Date: November 21, 2017
TO: Mayor & City Council
FROM: Sonya Allen, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Linder Village – AZ, PP, VAR (H-2017-0088)
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Lynx/DMG Real Estate Partners, LLC, has submitted an application for the following:
Annexation and zoning of 81.61 acres of land from the RUT zoning district in Ada County to
the C-C zoning district (64.75 acres) and the R-8 zoning district (16.87 acres) in the City;
Preliminary Plat consisting of 16 commercial building lots, 1 residential building lot, 1
common lot and 3 other lots for future right-of-way dedication on 78.29 acres of land in the
proposed C-C and R-8 zoning districts; and,
Variance to UDC 11-3H-4B.2 for two (2) accesses via W. Chinden Blvd./SH 20-26.
See Section IX of the staff report for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ, and PP applications; and denial of the proposed
VAR application in accord with the conditions of approval in Exhibit B and the Findings of Fact and
Conclusions of Law in Exhibit D. Note: The Variance request does not require action from the
Commission; the City Council is the decision making body on this application.
The Meridian Planning & Zoning Commission heard these items on August 3, September 7,
and October 19, 2017. At the public hearing on October 19, 2017, the Commission moved to
recommend denial of the subject AZ and PP requests.
a. Summary of Commission Public Hearing:
i. In favor: David McKinney, DMG Real Estate Partners, Applicant; Brian Ballard,
Attorney with Hawley, Troxell, Ennis and Hawley; Craig Slocum, CSHQA Architects;
Bob Taunton; Diane Wolford; Greg Brown, Russell Corporation; Nate Wheeler; Chris
Williams; and Chad Lamer, counsel for Winco Foods.
ii. In opposition: Andrea Carroll, land use attorney, representing Protect Meridian; David
McKinney (adjacent property owner); Sally Reynolds, representing a group of
Paramount residents; Jonathan Kahnoski; Casey Babendure; Roger Lyngaas; Doug
Twitchell; Alicia Muhlestein; Lori Badigian; Catherine Turek; and Tony Brownlee.
iii. Commenting: John Ringert, Traffic Engineer, Kittelson & Associates; Joe Marshall
representing Smart Growth Meridian; and Doug Stewart.
iv. Written testimony: David McKinney, Applicant; many letters of testimony have been
received (see public record).
v. Staff presenting application: Sonya Allen
vi. Other staff commenting on application: Ted Baird
Linder Village –AZ, PP, VAR H-2017-0088 PAGE 2
b. Key issue(s) of Public Testimony:
i. Lack of detail on pedestrian and vehicular interconnectivity with the adjacent
residential neighborhoods and walkability of the site;
ii. Concern regarding the large size of the box buildings/stores and their arrangement on
the site in proximity to adjacent residential properties;
iii. Concern regarding access via SH 20-26/Chinden Blvd. and the future signal at
Chinden/Bergman and resulting traffic impacts (i.e. congestion) and safety;
iv. Lack of transition and buffering from existing residences to proposed commercial
development (i.e. lesser intense uses should be adjacent to residential uses and transition
outward to higher intense commercial uses);
v. Opposition to “strip mall” configuration of buildings and massive parking lots;
vi. Winco loading docks and trash dumpsters oriented toward residential neighborhood
and associated noise and light impacts on neighbors from proposed 24 hour operation;
vii. Inadequacy of proposed buffer (6’ wall & trees) between the rear of the Winco building
and adjacent residents;
viii. Would like the site to be redesigned to be more consistent with the Comprehensive Plan
in regard to land use (smaller neighborhood friendly uses/services) and design/layout of
the site;
ix. Traffic impact on adjacent streets (i.e. Linder Rd. and SH 20-26/Chinden) and within
adjacent neighborhoods generated from the proposed uses and safety of elementary
school children walking to/from school;
x. Proposed building elevations do not blend with nearby structures;
xi. Not enough common area and poorly placed;
xii. Objectivity to not having a complete conceptual development plan for the area proposed
to be annexed; and,
xiii. Infrastructure on SH 20-26/Chinden Blvd and Linder Rd. is not sufficient for a major
development such as this & no consideration of public transportation (i.e. bus stop, bus-
bicycle hub).
c. Key Issues of Discussion by Commission:
i. Location of the Winco building at the rear of the site adjacent to residential uses rather
than adjacent to the state highway (i.e. Chinden)/arterial street (i.e. Linder Rd.);
ii. Concern regarding proposed 24 hour operation of the Winco store and associated noise
and light impacts on adjacent residents from deliveries at the loading docks located at
the rear of the building;
iii. Design of the site plan should be “flipped” with larger more intense commercial uses
located adjacent to the state highway and arterial street (i.e. Linder Rd.) with less
intense neighborhood friendly uses located near the single-family residential uses – not
consistent with MU-C designation;
iv. Extent of improvements to SH 20-26/Chinden Blvd. and timing thereof.
v. Would like to see how a public street connects from Linder Road to the east boundary
of the site for future connection to Fox Run;
vi. Lack of integration between the proposed development and the adjacent residential
neighborhood; and,
vii. Location of the live/work units at the northwest corner of the site adjacent to Chinden
in the commercial area rather than adjacent to residential properties at the south
boundary.
d. Commission Change(s) to Staff Recommendation:
i. The Commission voted to deny the project based on the following: proposed site
design/layout (i.e. lack of transition and integration with adjacent residential
properties), lack of detail on the concept plan for the eastern and southern portions of
the annexation area (i.e. no pedestrian or vehicular connectivity with adjacent
Linder Village –AZ, PP, VAR H-2017-0088 PAGE 3
residential neighborhood and no plan for a street connection between Linder Road and
the east boundary for future connection to N. Fox Run Way), the proximity of higher
intense commercial uses to single-family residential uses, 24-hour operation of the
Winco store and impacts on adjacent residents; traffic; and access – general consensus
that the proposed development plan is not consistent with the MU-C designation in the
Comprehensive Plan.
e. Outstanding Issue(s) for City Council:
i. The City Council should consider the Commission’s recommendation of denial and
public testimony in making a decision on this application.
ii. A revised conceptual development plan has been submitted since the Commission
hearing. The City Council should determine if the revisions made to the concept plan
adequately address the concerns from the Commission hearing and conditions of
approval noted in the original staff report. If so, the City Council should direct staff to
prepare an updated staff report based on the revisions to the plan and either remand
the application back to the Commission for review and a new recommendation; or,
continue the project to a subsequent Council meeting for review and action. If not, the
Council may vote to deny the application.
III. PROPOSED MOTION
Continuance
I move to continue File Number H-2017-0088 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
Remand
I move to remand File Number H-2017-0088 back to the Commission as presented during the hearing
on November 21, 2017, for review of the revised conceptual development plan and a new
recommendation.
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0088,
as presented during the hearing on November 21, 2017, for the following reasons: (You should state
specific reasons for denial)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located at the southeast corner of N. Linder Road and W. Chinden Blvd. at 1225 W.
Chinden Blvd., in the NW ¼ of Section 25, Township 4N., Range 1W.
Parcel No.’s: S0425223010; S0425212480; S0425212420
B. Owner(s):
Lynx Investments, LP
712 N. Troutner Way
Boise, ID 83712
CCPD, Inc.
P.O. Box 203
Pendleton, OR 97801
Linder Village –AZ, PP, VAR H-2017-0088 PAGE 4
C. Applicant:
Lynx/DMG Real Estate Partners, LLC
2537 W. State St., Ste. 110
Boise, ID 83702
D. Representative:
Craig Slocum, CSHQA
200 Broad Street
Boise, Idaho 83702
E. Applicant’s Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject application is for annexation and zoning, preliminary plat and a variance. A public
hearing is required before the Planning & Zoning Commission and City Council on all of these
applications except for the variance, which only requires Council approval, consistent with
Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: July 14, 2017; re-noticed on September 29, 2017
(Commission); November 3, 2017 (City Council)
C. Radius notices mailed to properties within 300 feet on: July 7, 2017; re-noticed on September 25,
2017 (Commission); October 30, 2017 (City Council)
D. Applicant posted notice on site(s) on: July 25, 2017; re-posted on October 10, 2017
(Commission); November 10, 2017 (City Council)
E. Posted to Next Door: August 9 and September 25, 2017 (Commission); October 30, 2017 (City
Council)
VI. LAND USE
A. Existing Land Use(s) and Zoning: This site consists of undeveloped agricultural land, zoned RUT
in Ada County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Commercial (retail/restaurant/vehicle washing facility, fuel facility) and single-family
residential uses in Reynard Subdivision, zoned C-3 and MU-DA in Eagle
2. East: Single-family residential properties in Paramount Subdivision, zoned R-8; and
vacant/undeveloped property, zoned C-C
3. South: Single-family residential properties in Paramount Subdivision, zoned R-8; and RUT
in Ada County
4. West: N. Linder Road; commercial uses, zoned C-G and single-family residential uses in
Lochsa Falls Subdivision, zoned R-4
C. History of Previous Actions: None
D. Utilities:
1. Public Works:
a. Location of sewer: Sanitary sewer mains intended to provide service to the subject site
currently exists at the current north terminus of N. Arliss Avenue and N. Bergman
Avenue.
Linder Village –AZ, PP, VAR H-2017-0088 PAGE 5
b. Location of water: Water mains intended to provide service to the subject site currently
exist at the current north terminus of N. Arliss Avenue and N. Bergman Avenue, as well
as within N. Linder Road, and at the west terminus of W. Director Street.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: The North Slough and the Simpson Lateral cross this site.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This site is not located in the Meridian Floodplain Overlay District.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
LAND USE DESIGNATION(S): Approximately 54 acres of the annexation area is designated on the
Future Land Use Map as Mixed Use – Community (MU-C) and the remaining 24+/- acres is
designated Medium Density Residential (MDR).
MU-C: The purpose of the MU-C designation is to allocate areas where community-serving uses and
dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses,
including residential, and to avoid mainly single-use and strip commercial type buildings. Non-
residential buildings in these areas have a tendency to be larger than in Mixed Use – Neighborhood
areas, but not as large as in Mixed Use – Regional areas. Goods and services in these areas tend to be
of the variety that people will mainly travel by car to, but also walk or bike to (up to 3 or 4 miles).
Employment opportunities for those living in and around the neighborhood are encouraged.
Developments are encouraged to be designed according to the conceptual MU-C plan depicted below
(Figure 3-3 in the Comprehensive Plan, pg. 27).
MU-C
MDR
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Developments should have a mix of at least 3 land use types [i.e. commercial (includes retail,
restaurants, etc.), office, residential, civic (includes public open space, parks, entertainment
venues, etc.), and industrial]; residential uses should comprise a minimum of 20% of the
development area at densities ranging from 6 to 15 units/acre; non-residential buildings
should be proportional to and blend in with adjacent residential buildings; vertically
integrated structures are encouraged; supportive and proportional public and/or quasi-
public spaces and places including but not limited to parks, plazas, outdoor gathering areas,
open space, libraries, and schools that comprise a minimum of 5% of the development area
are required.
MDR: The purpose of the MDR designation is to allow smaller lots for residential purposes within
City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre
(d.u./acre).
TRANSPORTATION: The Master Street Map (MSM) does not depict any collector streets planned
across this site. Access is proposed as follows: two (2) accesses are proposed via W. Chinden
Blvd./SH 20-26 - one right-in/right-out approximately 450 feet west of the Bergman Way intersection
and one full-access in alignment with Bergman Way on the north side of Chinden where a traffic
signal will be located when warranted; and three (3) accesses via N. Linder Rd. The Ada County
Highway District (ACHD) has jurisdiction of access via N. Linder Rd.; and the Idaho Transportation
Department (ITD) has jurisdiction of access via W. Chinden Blvd./SH 20-26.
Three (3) stub streets exist to the subject property (i.e. N. Arliss Ave.; N. Bergman Ave., and W.
Director Street) – all at the boundaries of the site planned for future residential development.
The Idaho Transportation Department (ITD) submitted comments on this application, included in the
project file, in regard to access via Chinden Blvd./SH 20-26. The comments state: 1) the access via
Bergman Way will be permitted as a temporary full signalized access to remain in place until the
construction of a continuous flow intersection (CFI) at Linder/Chinden; 2) the temporary signal will
not be installed until the signal warrants are met based on traffic generation of the completed
development; 3) the signal will convert to a right-in/right-out, left-in movement with the
implementation of the CFI given that a connection has been provided to Fox Run Way and a signal
Linder Village –AZ, PP, VAR H-2017-0088 PAGE 7
has been allowed on Linder Rd. at site access E; and traffic calming measures to discourage cut
through traffic on Bergman Way must be coordinated with the City of Eagle before the full access
signal can be put into service – these measures may be considered for inclusion as part of the STAR
agreement. Note: The UDC (11-3H-4B) prohibits access via SH 20-26; a variance is requested for
Council approval of the proposed accesses via the state highway.
CONCEPTUAL DEVELOPMENT PLAN: The applicant submitted a conceptual development plan that
depicts commercial pads, a restaurant, a fuel station and live/work along Chinden and in the central
portion of the site and 2 areas of strip type commercial buildings for the anchors of the development –
one of which is a community grocer (Winco). The southern portion of the site is planned for future
residential development which the applicant intends to develop with single-family detached homes
along the south boundary adjacent to the same type of uses in Paramount Subdivision and attached or
detached homes on the remainder of the residential area. The site plan depicts “future development”
on the eastern portion of the site which is proposed to be zoned C-C.
Strip type commercial buildings are not desired in MU-C designated areas as stated above in
the purpose statement; and the general layout of the site is more consistent with the
Commercial than the existing MU-C designation with the more intense commercial uses located
at the back of the site away from the transportation corridor and adjacent to residential uses.
Therefore, staff recommends the plan is revised prior to the City Council meeting to rearrange
and/or detach the buildings so that they aren’t configured in a “strip” (i.e. one way might be to
configure them in an “L” shape); and the rear of the buildings which will serve as delivery
areas for the stores should not face the future residential development. Specifically, staff
recommends the Winco building (and/or adjacent anchor/shops) is reconfigured so that the rear
(or portions) of the building faces N. Linder.
GOALS, OBJECTIVES, & ACTION ITEMS: Staff finds the following Comprehensive Plan policies to
be applicable to this application and apply to the proposed use of this property (staff analysis in
italics):
“Support a variety of residential categories (low-, medium-, medium-high 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.” (3.07.01E)
A portion of the site, 17+/- acres, is proposed to be designated for medium density residential
uses consisting of attached and detached single-family homes although a specific
development plan is not proposed at this time. Staff is unaware of how “affordable” the units
will be.
“Provide housing options close to employment and shopping centers.” (3.07.02D)
The medium density residential uses designated on this site will provide housing options near
employment and shopping uses proposed within this development and across Chinden
Blvd./SH 20-26 to the north (i.e. Fred Meyer and other commercial uses). However, because
a concept plan is not proposed for that area, it’s unclear how connectivity between the
proposed project and existing and future neighborhood may work.
If efficient and convenient connectivity does not occur with the first phase, then local traffic
will have to exit onto an arterial roadway (Linder) or a State Highway (Chinden) to access
the project. A local or collector roadway connecting Linder Road and one or several of the
stubs streets in the existing neighborhood, from the proposed project, would allow residents
in Paramount to access the site without creating additional congestion on arterial roadways,
and also reduce the likeliness and need for out of area cut-through traffic. No employment
centers are proposed, but some office type uses could develop on the eastern side of this site
Linder Village –AZ, PP, VAR H-2017-0088 PAGE 8
in the future. Staff supports housing on this site, close to proposed shopping and future
employment.
“Protect existing residential properties from incompatible land use development on adjacent
parcels.” (3.06.01F)
There are existing single-family residential detached homes adjacent to the south boundary
of this site in Paramount Subdivision and one rural residential property in Ada County at the
southwest corner of the site. Single-family detached homes are planned to be developed in the
future along the south boundary adjacent to the homes in Paramount Subdivision. The
residential property at the southwest corner of this site is designated on the FLUM as MU-C;
a development application (i.e. Linder Mixed Use) is currently in process that proposes
multi-family and townhome residential and commercial uses on that property.
Revisions to the concept site plan should be considered to clarify integration with
neighborhood serving commercial uses, or separation from more intense commercial uses.
No concept or bubble diagram is shown of how proposed residential will integrate either with
the existing neighborhoods, or with the commercial portions of the site.
Note: Many letters of testimony have been received by the City from adjacent property
owners objecting to the proposed development.
“Locate small-scale neighborhood commercial areas within planned residential developments
as part of the development plan.” (3.05.01E)
Future and existing residential areas are located on the backside of big box stores, with the
small-scale neighborhood serving type pad sites generally located furthest from the
neighborhoods. Revisions to the proposed site plan should be made to better comply with
intent of Figure 3-3 of the Comprehensive Plan.
“Plan for and encourage services like health care, daycare, grocery stores and recreational
areas to be built within walking distance of residential dwellings.” (2.01.01C)
The proposed grocery store will be within walking distance of residences in the nearby
vicinity; however, because other specific uses are not known at this time, staff is unable to
determine if other such uses will be provided within walking distance of residential dwellings.
Further, the concept plan does not take into account any interconnectivity with the existing
residential development to the south.
“Work with transportation agencies and private property owners to preserve transportation
corridors, future transit routes and infrastructure, road and highway extensions, and to
facilitate access management planning.” (3.01.01J)
City staff has been coordinating with both the applicant and the transportation authorities
(i.e. ACHD and ITD) on this project. The proposed project will preserve right-of-way for
future widening projects for SH 20-26. The applicant is proposing to enter into a STAR
agreement with ITD to make some off-site improvements to SH 20-26 with Phase 1. These
improvements would widen the highway to 4-lanes and improve the Meridian Road
intersection in conjunction with ITD’s project to widen the corridor from Eagle Road. The
City received a letter from ITD earlier this year, supporting the applicant’s proposal. Since
the initial support letter was composed, a key “anchor” tenant has apparently backed-out
and ITD is re-analyzing the impacts of this project. The Commission and Council should
consider ACHD’s and ITD’s comments when determining appropriate access and circulation
for this site.
The City has policies limiting access points to arterial roadways and State highways. The
submitted site plan shows two direct access points to a State Highway, including a new signal
Linder Village –AZ, PP, VAR H-2017-0088 PAGE 9
at Bergman Way/Chinden and three access points to Linder Road, an arterial street.
Every additional access is a point of conflict that can impact roadway functionality. In
coordination and discussion with ACHD, commuters and local residents alike would likely be
best served by a signalized access on Linder Road, with an east-west access road to the
existing signal at Fox Run Way. City Staff, ACHD Staff and ITD Staff have been in
communications with the property owner to the east (Brighton) about a collector-type
roadway being constructed through their property to connect to Fox Run Way. While all of
the details have not been worked out, Brighton has indicated support and Staff believes this
option is best for the overall transportation network. The submitted concept plan shows a
dead-end public street where an east-west access road could be extended toward Fox Run
Way.
While the developer has worked extensively with both ITD and ACHD, much of that work
involved requests for additional accesses to both SH 20/26 and Linder Road that would
benefit the development. From staff’s perspective, preserving the corridor and access
management planning for a site this large should include backage type roads and
connectivity to the existing local roadway network, to reduce congestion impacts on State
Highway and arterial roadways. Development of this scale proposing full and partial access
curb cuts, without additional planned public east-west connectivity through the entire Mixed
Use land use areas, does not meet the intent of this policy. Figure 3-3 in the City of Meridian
Comprehensive Plan demonstrates how local and collector roadways may be considered to
allow cross-access and to facilitate traffic patterns that reduce local and community vehicle
trips from impacting regional traffic flow.
“Review new development for appropriate opportunities to connect local roads and collectors
to adjacent properties (stub streets).” (3.03.02O)
The project area is currently designated as MU-C and MDR, and ACHD’s Master Street Map
does not identify any future collector roadways in this area. There are three local roadways
stubbed to the subject property from Paramount Subdivision, with two on the south and one
on the east side of the project area. The MU-C FLUM designation describes local and
collector roadways being used both to buffer lower density residential from more intense
uses, and to provide efficient connectivity and access between uses. The proposed concept
plan does not indicate how connectivity will be addressed with existing and established
neighborhoods. The site layout shows the less intensive, more community friendly uses
furthest from the existing neighborhood (nearer Chinden), and in combination with the
proposed road network, makes the transportation network less effective. Staff recommends
the concept plan is amended to better address these items consistent with the intent of
Figure 3-3 of the Comprehensive Plan.
“Require pedestrian access connectors in all new development to link subdivisions
together to promote neighborhood connectivity as part of a community pathway system.”
(3.03.03B)
Pedestrian sidewalks/pathways are depicted on the site circulation plan included in Exhibit
A.3 throughout the development with connections from the perimeter sidewalks along Linder
and Chinden and to the future residential development on the southern portion of the site.
“Identify transitional areas to buffer commercial and residential uses, to allow uses such as
offices and other low intensity uses.” (3.05.03A)
The proposed concept plan does not depict any office or other low intensity uses as a
transition from commercial to residential uses. Some additional R-8 zoned property is
proposed adjacent to the existing R-8 zoned property in Paramount; however, no details of
how that area will develop are provided other than the lots directly abutting existing
Linder Village –AZ, PP, VAR H-2017-0088 PAGE 10
residences will be single-family residential detached units. The concept plan attempts to
buffer proposed residential from big box store impacts with a berm, landscape buffer and a
screen wall (see Exhibit A.2).
As depicted in the mixed-use exhibit above, more intense commercial should be near the
major roadways with less intense commercial transitioning to the future and existing
residential. As currently proposed, the opposite is shown with less intense commercial uses
near the Linder/Chinden intersection and more intense commercial uses closer to the
nearby and proposed residences. As such, the proposed concept plan is more of a
commercial than a mixed-use development plan. Changes are needed to the site layout in
order to be considered consistent with the MU-C designation.
“Coordinate with public works, police, and fire departments on proposed annexation
and development requests, and the impacts on services.” (3.04.01H)
Comments from these service providers are included in Exhibit B of this report.
“Plan for a variety of commercial and retail opportunities within the Area of City
Impact.” (3.05.01J)
The proposed development should offer a large variety of commercial and retail
opportunities for residents in the northern portion of the City.
“Minimize noise, odor, air pollution, and visual pollution in industrial and commercial
development adjacent to residential areas.” (3.06.01B)
The proposed site plan shows generous landscape buffers to separate heavy commercial
areas from residential areas. However, the applicant is proposing a 24-hour use, with a
truck loading dock area facing residentially-zoned areas. Staff has some concerns about
hours of operation for the grocery store, in particular for deliveries with the siting
proposed. There may be noise, odor and negative visual impacts if the site plan is approved
as submitted. More information is needed with respect to timing and phasing of the
landscape material, berms, walls, or other strategies to determine whether the proposed site
plan is in compliance with this policy statement. As noted above, staff recommends that the
Winco store rotate so that the loading docks are oriented towards Linder Road to minimize
impacts to the nearby residents.
“Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City.” (3.01.01F)
This property is contiguous to land that has already been annexed into the City. Urban
services can be provided to this property upon development.
“Require neighborhood and community commercial areas to create a site design compatible
with surrounding uses (e.g., landscaping, fences, etc.).
The concept plan depicts street buffers along Linder and Chinden in accord with UDC
standards and a landscaped buffer to future residential uses (see Exhibit A.2).
“Evaluate comprehensive impact of growth in all land use decisions (e.g., traffic impacts,
school enrollment, parks, etc).” (3.01.01B)
ACHD was provided with a Traffic Impact Study, but as of the writing of this staff report, the
analysis is not complete. The narrative provided by the applicant does not supplement the site
plan well as little information is provided for staff to make realistic assumptions about how
the project will impact the community. Typically, big box developments are less dense, but
higher intensity uses than most residential, office, and other retail developments. Staff does
Linder Village –AZ, PP, VAR H-2017-0088 PAGE 11
realize that a lot of urban services are nearby and some commercial on/near this high-
volume intersection is appropriate.
“Consider the adopted COMPASS regional long-range transportation plan in all land-use
decisions.” (3.03.02G)
The Communities in Motion (CIM) 2040 Plan identifies US 20/26 as a priority corridor with
a typology of expressway. It is currently listed as an “unfunded” priority, though some early
improvements are pending. The following is a summary from the CIM US 20/26 Priority
Corridor Summary.
“As a major mobility highway, US 20/26 is experiencing congestion along much of its length
but especially between Linder Road and State Highway 55 (Eagle Road), a stretch with only
two travel lanes. US 20/26 has been a regional priority for a number of years but it remains
unfunded, causing traffic to divert to other routes such as McMillan Road. In addition to high
traffic levels on this road, the intersection with State Highway 55 (Eagle Road) is ranked #2
on ITD’s list of high-accident locations.
By 2040, daily traffic between Middleton Road and State Highway 55 is expected to increase
substantially.
o From Middleton Road to Star Road, traffic is projected to more than double, from
12,000 in 2013 to 30,000 in 2040.
o From Star Road to Linder Road, traffic is projected to double, from 14,000 in 2013
to 28,000 in 2040.
This would be similar to current traffic on US 20/26 (Chinden Boulevard) in
Garden City.
o From Linder Road to State Highway 55 (Eagle Road), traffic is projected to increase
80%, from 21,000 in 2013 to 38,000 in 2040.
This would be similar to current traffic on Eagle Road north of US 20/26.
o Rush hour driving time between Middleton Road and Glenwood Street is expected to
more than double, from 25 minutes in 2013 to 60 minutes in 2040.”
“Consider ACHD’s Master Street Map (MSM) in all land use decisions.” (3.03.04K)
As noted in 3.03.02O, the MSM does not show any new arterial or collector roadways in this
area. However, if more intensive land uses are proposed closer to existing residential than
what the Comprehensive Plan contemplates (which should be located along the arterials),
then it is not unreasonable to consider a modified street network. An internal collector type
roadway, as shown in Figure 3-3 for the MU-C FLUM designation, would provide external
and internal access to the site, reduce local traffic on US 20/26, and buffer the existing and
proposed neighborhoods. ACHD has verbally indicated that they would support a future
signal on Linder near the fire station to support a collector type roadway and a backage
roadway that extends to Fox Run.
“Protect citizen investments in existing public facilities (water, sewer, streets, fire, police,
etc.) by encouraging controlled growth through development application reviews and
development agreements.” (3.04.01G)
The proposed project is surrounded by urban development and would be well served by the
City.
“Coordinate with transportation agencies to ensure provision of services and transit
development.” (6.02.02H)
The applicant should include an ADA bus stop on this property; coordinate the details with
Valley Regional Transit.
Linder Village –AZ, PP, VAR H-2017-0088 PAGE 12
In reviewing development applications, the following items will be considered in all Mixed Use
areas: (Staff’s analysis in italics)
• Residential densities should be a minimum of six dwellings/acre. A residential density of up
to 8 units/acre is proposed in the future residential development area.
• Where feasible, higher density and/or multi-family residential development will be
encouraged, especially for projects with the potential to serve as employment destinat ion
centers and when the project is adjacent to US 20/26, SH-55, SH-16 or SH-69. Single-family
attached and detached units are proposed to be developed in the future on the R-8 zoned
portion of the site. Staff recommends the single-family detached units planned along the
south boundary adjacent to existing residential uses transition to higher density residential
uses (as desired in Mixed-use areas), which will provide housing for employment uses in
the area adjacent to SH 20-26.
• A conceptual site plan for the entire mixed-use area should be included in the
application. A concept site plan was submitted for this site but only the western portion
includes a development plan; “future development” is depicted on the eastern portion of
the site (see Exhibit A.2). Because integration and connectivity of uses within the overall
transportation network is so important within mixed use areas, staff recommends the
development agreement is amended to include a concept plan for this area that is
consistent with the Comprehensive Plan, prior to any development occurring within this
area.
• In developments where multiple commercial and/or office buildings are proposed (not
residential), the buildings should be arranged to create some form of common, usable
area, such as a plaza or green space. The concept plan for the eastern commercial area
includes a public plaza and esplanade in front of and on the east side of the buildings; a
community meeting place is also proposed at the rear of one of the shops. Staff recommends
the buildings are rearranged, such as in an “L” shape or detached to create more of a
central common area (rather than directly in front or at the end of the buildings) and to
“break up” the “strip.”
• The site plan should depict a transitional use and/or landscaped buffering between
commercial and existing low- or medium-density residential development. The proposed
concept plan depicts a landscape berm and landscape buffer and screen wall on the
commercial property adjacent to “future residential development” to the south (see Exhibit
A.2); however, no buffering is depicted to residential uses on the eastern portion of the site.
Single-family detached homes are proposed adjacent to the existing medium density
residential homes in Paramount Subdivision.
• A mixed-use project should include at least three types of land uses [i.e. commercial
(includes retail, restaurants, etc.), office, residential, civic (includes public open space, parks,
entertainment venues, etc.), and industrial]. Exceptions may be granted for smaller sites on a
case-by-case basis. The proposed concept plan depicts commercial, residential and
entertainment uses in accord with this requirement; however, as proposed does not provide
transitioning between uses as desired in the Mixed-use areas.
• Community-serving facilities such as hospitals, churches, schools, parks, daycares, civic
buildings, or public safety facilities are expected in larger mixed-use developments. Rocky
Mountain High School, Paramount Elementary School, a fire station, and a church exist to
the south within a ¼ mile of this site. A City park exists approximately a mile away to the
west on Ten Mile Road. A community meeting space is also proposed with this development
at the rear of one of the shops on the east side of the site adjacent to the plaza.
Linder Village –AZ, PP, VAR H-2017-0088 PAGE 13
• Supportive and proportional public and/or quasi-public spaces and places including but not
limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools are
expected; outdoor seating areas at restaurants do not count. The concept plan depicts an
esplanade and public plaza at the strip of commercial buildings on the east side of the site; a
community meeting space is also proposed at the rear of one of the shops.
• All mixed-use projects should be directly accessible to neighborhoods within the section by
both vehicles and pedestrians. Three (3) stub streets exist to this site that are intended to be
extended with development of this site for interconnectivity between the residential and
commercial development; however, no connections to these streets are depicted on the
concept plan. Without vehicular connections, residents from nearby residential
neighborhoods will need to travel out of their subdivisions onto adjacent arterial streets, into
the commercial development and back again, which will increase traffic on arterial streets.
Staff recommends all of the existing stub streets are extended with development as
originally intended for interconnectivity and that at least one of the stub streets is extended
with the first phase of development.
• Street sections consistent with the Ada County Highway District Master Street Map are
required within the Unified Development Code. The developer will be required to dedicate
right-of-way along Linder Road and within the site as required by ACHD; right-of-way along
W. Chinden Blvd./SH 20-26 should be dedicated and/or reserved for future dedication as
required by ITD.
• Because of the existing small lots within Old Town, development is not subject to the Mixed-
Use standards listed herein. The proposed development is not within Old Town.
In reviewing development applications, the following items will be considered in MU-C areas:
• Development should comply with the general guidelines for development in all Mixed-Use
areas. See above.
• All developments should have a mix of at least three land use types. The concept plan depicts
commercial, residential and entertainment type uses.
• Residential uses should comprise a minimum of 20% of the development area at densities
ranging from 6 to 15 units/acre. Residential uses are proposed for approximately 20% of the
development area; the future development plan should reflect a residential density of at least
6 units per acre.
• Non-residential buildings should be proportional to and blend in with adjacent residential
buildings. Staff is concerned with the massing of the buildings adjacent to future and existing
residential areas. There are no proportional transitions or blending of scales of non-
residential buildings shown on the submitted concept elevations (see Exhibit A.6). Instead,
the concept site plan relies entirely on large landscape buffers to separate uses. While these
may potentially be very effective in obscuring loading docks (with the right details), it misses
the intent of the mixed use designation. Almost all of the smaller-scale non-residential
buildings and those most likely to also be neighborhood serving uses, are located along
Chinden. The area around the Esplanade tries to correct and accommodate some of this, but
without stronger emphasis and co-location of other pedestrian oriented site plan features and
uses, is likely to be underused. Both sides of the adjacent drive aisle near to the Esplanade
should really work to frame and introduce a sense of space and pedestrian scale, but no
information to the east is suggested or shown and could just be more parking, thus potentially
discouraging active use and limiting transitional elements. The elevations submitted with
future Certificate of Zoning Compliance applications should be proportional to and blend
in with adjacent residential buildings.
Linder Village –AZ, PP, VAR H-2017-0088 PAGE 14
• Vertically integrated structures are encouraged. Two (2) live/work pads are depicted on the
concept plan. Staff recommends the live/work pads are located at the periphery of the
commercial development near the future residential area rather than in the middle of a
busy commercial area and parking area, perhaps near the esplanade/public plaza.
• Unless a structure contains a mix of both residential and office, or residential and commercial
land uses, maximum building size should be limited to a 30,000 square-foot building
footprint. For community grocery stores, the maximum building size should be limited to a
60,000-square foot building footprint. For the development of public school sites, the
maximum building size does not apply. The community grocery store proposed on this site
is 85,000 square feet (s.f.), which exceeds the 60,000 s.f. limitation by 25,000 s.f. Staff
recommends additional public and quasi-public uses are provided in excess of the
minimum 5% commensurate with the increase in building size proposed.
• Supportive and proportional public and/or quasi-public spaces and places including but not
limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools that
comprise a minimum of 5% of the development area are required. Outdoor seating areas at
restaurants do not count towards this requirement. The concept plan depicts a public plaza
and esplanade in front of and on the east side of the strip of commercial buildings on the east
side of the site. A community meeting space is also proposed at the rear of one of the shops.
(Note: The internal landscape buffers and planter islands do not count toward the required
public/quasi-public spaces/places.)
• Where the development proposes public and quasi-public uses to support the
development above the minimum 5%, the developer may be eligible for additional
residential densities and/or an increase to the maximum building footprint. Because the
building footprint for the community grocery store exceeds the 60,000 s.f. limitation in the
MU-C designated area, staff recommends the developer provide additional public and
quasi-public uses above the minimum 5% required commensurate with the proposed
increase in building size.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zoning District(s):
1. The purpose of the residential districts is to provide for a range of housing opportunities
consistent with the Meridian comprehensive plan. Residential districts are distinguished by
the dimensional standards of the corresponding zone and housing types that can be
accommodated (UDC 11-2A-1).
2. The purpose of the commercial districts is to provide for the retail and service needs of the
community in accordance with the Meridian comprehensive plan. Six (6) districts are
designated which differ in the size and scale of commercial structures accommodated in the
district, the scale and mix of allowed commercial uses, and the location of the district in
proximity to streets and highways (UDC 11-2B-1).
Allowed uses in the C-C district are larger scale and broader mix of retail, office, and service
uses and are usually located with access to arterials or nonresidential collectors.
B. Schedule of Use:
1. UDC Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and
prohibited (-) uses in the R-8 zoning district. Any use not explicitly listed is prohibited.
2. UDC Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and
prohibited (-) uses in the C-C zoning district. Any use not explicitly listed is prohibited.
Linder Village –AZ, PP, VAR H-2017-0088 PAGE 15
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Table 11-2A-6 for the R-8 zoning district; and 11-2B-3 for the C-C
zoning district.
D. Landscaping: Landscaping is required within street buffers in accord with the standards listed in
UDC 11-3B-7C.
E. Off-Street Parking: NA (not required or reviewed with the subject application)
IX. ANALYSIS
Analysis of Facts Leading to Staff Recommendation:
A. Annexation & Zoning (AZ):
The applicant requests approval to annex & zone 81.61 acres of land from the RUT zoning
district in Ada County to the C-C zoning district (64.75 acres) and the R-8 zoning district (16.87
acres) in the City. The proposed zoning is consistent with the FLUM designations of MU-C
and MDR for this site. Note: The proposed residential area is approximately 7 acres less
than depicted on the FLUM for the MDR designated area.
Conceptual Development Plan: The applicant has submitted a conceptual development plan,
included in Exhibit A.2, which depicts an 85,000 square foot community grocery store (Winco)
as an anchor for the development with a mid-size retail use and retail shops in the southwest
portion of the development; mixed use (i.e. office, retail and live/work) in the northwest portion
of the development; pad sites adjacent to Chinden Blvd.; and other mid-size retail and
entertainment users, shops and restaurants in the middle of the development. A specific
development plan for the eastern portion of the site is proposed to be submitted at a later date.
Staff recommends revisions to the plan as stated above in Section VII in accord with the
Comprehensive Plan.
The legal description submitted with the application, included in Exhibit C, shows the boundaries
of the property proposed to be annexed and zoned. The property is contiguous to land that has
been annexed into the City and is within the Area of City Impact boundary.
The City may require a development agreement (DA) in conjunction with an annexation pursuant
to Idaho Code section 67-6511A. To ensure the site develops as proposed and recommended
by staff with this application and in accord with the Comprehensive Plan, staff recommends
a DA is required with the annexation containing the provisions included in Exhibit B.
B. Preliminary Plat (PP):
The applicant proposes a preliminary plat consisting of 16 commercial building lots, 1 residential
building lot, 1 common lot and 3 other lots for future right-of-way dedication on 78.29 acres of
land in the proposed C-C and R-8 zoning districts.
The residential lot (Lot 1, Block 4) is included in the plat as one large lot and will be developed in
the future under a subsequent preliminary plat as will the commercial development on the eastern
portion of the site depicted as Lot 1, Block 2.
Existing Structures: There are no existing structures on this site.
Dimensional Standards: The proposed plat and subsequent development is required to comply
with the dimensional standards listed in UDC Table 11-2B-3 for the C-C zoning district and UDC
Table 11-2A-6 for the R-8 zoning district.
Linder Village –AZ, PP, VAR H-2017-0088 PAGE 16
There is no minimum front, rear or interior side setbacks required in the C-C district; however,
required street landscape buffers act as a setback where applicable as building encroachment
within buffers is not allowed. All of the proposed lots comply with the minimum standards.
Access: Access to streets is required to comply with the standards listed in UDC 11-3A-3 and 11-
3H-4. Access is proposed as discussed in Section VII above per the concept plan in Exhibit A.2.
The UDC requires access to be taken from a local street when available. There are 3 local streets
(i.e. N. Arliss Ave., N. Bergman Ave., and W. Director St.) stubbed to this site; however, the
portion of the site that abuts these streets is not being developed now. Staff believes the traffic
volume would be far too great for sole access from these streets through the residential
neighborhood anyway. Because the intent of the UDC is to limit access points to arterial
streets, a Council waiver is required for the proposed accesses via N. Linder Road. The
UDC (11-3H-4B.2) prohibits access via SH 20-26 and requires access to a street other than
the state highway; the applicant has requested City Council approval of a variance for the
(2) accesses via SH 20-26 depicted on the concept plan.
A cross-access/ingress-egress easement and driveway is required to be provided to the
property to the south (Parcel #S0425233700) in accord with UDC 11-3A-3A in an effort to
decrease access points to the arterial street (i.e. Linder Rd.); the developer should work
with that property owner to align the driveway/easement with the backage road proposed
on that site.
An east/west backage driveway is proposed through this site from Linder Road to the east
boundary of the commercial area as shown on the circulation plan included in Exhibit A.t, in
accord with UDC 11-3H-4B.3. Another such public street is proposed at the south boundary
of the site and should extend to the east boundary of the site for extension to N. Fox Run
Way.
Traffic Impact Study (TIS): A TIS was prepared for this development and submitted to ITD and
ACHD for review with this application. Staff has not received updated comments from ACHD in
regards to the revised concept plan. ITD stated that they didn’t feel the change in trip generations
would significantly impact the recommendations of the TIS.
Landscaping: Landscaping is required to be provided on the site with development per UDC
Tables 11-2A-6 and 11-2B-3 in accord with the standards listed in UDC 11-3B.
Street buffer landscaping is required to be provided along arterial and collector streets as set forth
in UDC Table 11-2B-3 per the standards listed in UDC 11-3B-7C. A 35-foot wide street buffer is
required along W. Chinden Blvd./SH 20-26 and along N. Linder Road, both entryway corridors.
Any future collector streets will require a 20-foot wide street buffer. Staff recommends the
entire street buffer and pathway/sidewalk along N. Linder Road and W. Chinden Blvd./SH
20-26 is constructed with the first phase of development.
A 25-foot wide buffer to residential uses is required to be provided on the C-C zoned portion of
the site in accord with the standards listed in UDC 11-3B-9C. The concept plan depicts landscape
berms and landscape buffer with a screen wall on the commercial property adjacent to future
residential uses. The buffers should facilitate pedestrian access from the residential to the
commercial development in accord with UDC 11-3B-9C.3.
Parking lot landscaping will be required internally within the site in accord with the standards
listed in UDC 11-3B-8C with development.
Open Space: A minimum of 10% (or 1.69 acres) of the area of the residential portion of the site
(16.87 acres) is required to consist of qualified open space in accord with the standards listed in
UDC 11-3G-3B and is required to be provided upon development of the residential area. A future
preliminary plat for that area should include qualified open space in accord with this requirement.
Linder Village –AZ, PP, VAR H-2017-0088 PAGE 17
Site Amenities: A minimum of one qualified site amenity that meets the requirements listed in
UDC 11-3G-3C is required to be provided within the residential portion of this site upon
development. A future preliminary plat for the residential area should include details on the site
amenity(s) proposed.
Pathways: The Pathways Master Plan depicts a 10-foot wide multi-use pathway (Eagle Island)
along the frontage of this site on N. Linder Road. The pathway is required to be placed in a 14-
foot wide public pedestrian easement. The applicant should coordinate with Kim Warren, Park’s
Department Pathways Project Manager (208-888-3579), regarding specifications for the pathway.
The UDC (11-3H-4C.4) requires a 10-foot wide multi-use pathway within a public use easement
along W. Chinden Blvd./SH 20-26.
Sidewalks/walkways are proposed throughout the development with connections to the multi-use
pathways along Linder and Chinden, to the adjacent properties to the south and east, and to the
future development area as shown on the circulation plan included in Exhibit A.3
Sidewalks: Sidewalks are required to be provided with development in accord with the standards
listed in UDC 11-3A-17. Detached sidewalks are required along Linder & Chinden, both arterial
streets.
Waterways: The North Slough and the Simpson Lateral cross this site. These waterways should
be piped if not already piped as set forth in UDC 11-3A-6.
Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-7.
A semi-private wood screen wall is depicted on the concept plan on the eastern portion of the
commercial property adjacent to the future residential development. A CMU wall is proposed
behind the community grocer/pet/mixed retail area (see details in Exhibit A.5).
Utilities: Street lights are required to be installed along public streets adjacent to the
development in accord with the City’s adopted standards, specifications and ordinances. All
development is required to connect to the City water and sewer system unless otherwise approved
by the City Engineer in accord with UDC 11-3A-21. Adequate fire protection shall be required in
accord with the appropriate fire district standards.
Pressurized Irrigation: An underground pressurized irrigation system is required to be provided
for the development in accord with UDC 11-3A-15 as proposed and will be served by the Nampa
& Meridian Irrigation district.
Storm Drainage: An adequate storm drainage system is required in all developments in accord
with the City’s adopted standards, specifications, and ordinances, per UDC 11-3A-18.
Hours of Operation: Business hours of operation in the C-C zoning district are limited from
6:00 am to 11:00 pm when the property abuts a residential use or district; extended hours of
operation may be requested through a conditional use permit as set forth in UDC 11-2B-3A.4.
The Winco store is proposed to operate 24 hours/day. The property as-is without being
subdivided, currently abuts a residential use and zoning district at the south boundary of the site.
When right-of-way is dedicated for a street between Linder and the east boundary of the site for
extension to Fox Run, the commercial property should no longer abut residential property
although deliveries at the loading docks will still likely affect adjacent residences. If the Winco
store is turned so the rear of the building and loading docks are facing Linder Road as
recommended by Staff, deliveries shouldn’t impact the residential neighbors. If it’s not
turned, staff recommends the hours of operation are restricted unless otherwise approved
by the City Council. Because this is an annexation, provisions above and beyond UDC
standards may be implemented through the development agreement if deemed appropriate by the
City Council.
Linder Village –AZ, PP, VAR H-2017-0088 PAGE 18
Building Elevations: Future building elevations are required to be consistent with the design
standards listed in UDC 11-3A-19 and the Architectural Standards Manual.
Conceptual building elevations were submitted for the main anchor (Winco), the mid anchor and
the retail shops as shown in Exhibit A.6. Building materials consist primarily of stucco, with
smooth and split face CMU, metal panel siding and stone and brick veneer accents. As noted
above in Section VII, non-residential buildings should be proportional to and blend in with
adjacent residential buildings; future building elevations submitted for design review
should demonstrate compliance with this requirement.
Certificate of Zoning Compliance (CZC): The applicant is required to submit a CZC
application for approval of the proposed use, site layout and building elevations from the
Planning Division prior to submittal of a building permit application.
Design Review: The applicant is required to submit a Design Review application concurrent with
the CZC application for final approval of the site layout and building elevations. The proposed
site layout and structures are required to comply with the design standards listed in UDC 11-3A-
19 and the Architectural Standards Manual.
C. Variance (VAR): The applicant requests a variance to UDC 11-3H-4B.2, which prohibits new
approaches directly accessing a state highway (i.e. SH 20/26). The applicant requests approval of
(2) accesses via SH 20/26 as shown on the concept plan included in Exhibit A.2. ITD staff has
expressed to Planning staff that they’re amendable to the applicant’s request for access and that
they’re working with the developer on the approval process.
The applicant is proposing to enter into a STAR agreement with ITD to make some off-site
improvements to SH 20-26 with Phase 1. These improvements would widen the highway to 4-
lanes and improve the Meridian Road intersection in conjunction with ITD’s project to widen the
corridor from Eagle Road. The City received a letter from ITD earlier this year, supporting the
applicant’s proposal. Since the initial support letter was composed, a key anchor tenant (i.e.
Costco) has backed-out and ITD is re-analyzing the impacts of this project.
When a change or increase in intensity of use is proposed, the UDC requires the owner to develop
or otherwise acquire access to a street other than the state highway. The use of any existing
approaches is required to be abandoned and removed. Public street connections are only allowed
at the section line roads; and the half mile mark between section line roads, and shall be collector
roads.
The UDC (11-5B-4) allows requests for a variance for the placement and/or number of access
points to state highways. In order to grant a variance, the Council is required to make 3 findings:
1) the variance can’t grant a right or special privilege that isn’t otherwise allowed in the district;
2) the variance relieves an undue hardship because of characteristics of the site; and 3) the
variance can’t be detrimental to the public health, safety, and welfare (see Exhibit D).
Because staff can’t make all of the required findings listed in Exhibit D, staff is recommending
denial of the proposed variance application.
In summary, Staff recommends approval of the proposed AZ application with the requirement of
a development agreement that includes the provisions listed in Exhibit B; approval of the PP
application with the conditions contained in Exhibit B, and denial of the VAR application in
accord with the Findings in Exhibit D.
Linder Village –AZ, PP, VAR H-2017-0088 PAGE 19
X. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
2. Proposed Conceptual Development & Use Area Plans (dated: 8/4/2017) – NOT APPROVED
3. Site Circulation Plan (dated: 8/4/2017) – NOT APPROVED
4. Proposed Preliminary Plat (dated: 9/5/2017) – NOT APPROVED
5. Proposed Landscape Plan (dated: 9/5/2017) – NOT APPROVED
6. Proposed Conceptual Building Elevations (dated: 9/20/2016) – NOT APPROVED
B. Agency & Department Comments
C. Legal Description & Exhibit Map for Annexation & Zoning Boundary
D. Required Findings from Unified Development Code
Exhibit A Page 1
A. Drawings/Other
Exhibit A.1: Zoning Map
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Exhibit A.2: Proposed Conceptual Development & Use Area Plans (dated: 8/4/2017) – NOT
APPROVED
- 3 -
- 4 -
- 5 -
CMU wall proposed behind the community grocer/pet/mixed retail area
- 6 -
Exhibit A.3: Site Circulation Plan (dated: 8/4/2017) – NOT APPROVED
- 7 -
Exhibit A.4: Proposed Preliminary Plat (dated: 9/5/2017) – NOT APPROVED
- 8 -
- 9 -
- 10 -
- 11 -
Exhibit A.5: Proposed Landscape Plan (dated: 9/5/2017) & Open Space Exhibit– NOT
APPROVED
- 12 -
NOT APPROVED
- 13 -
Exhibit A.6: Proposed Conceptual Building Elevations (dated: 9/20/2016)
- 14 -
- 15 -
- 16 -
B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS
1. PLANNING DEPARTMENT
Prior to the City Council meeting, staff recommends the conceptual development plan in Exhibit
A.2 is revised to address inconsistencies with development in the MU-C designated area as
discussed in Section VII, as follows:
a. The most intense commercial uses should be located along N. Linder Road and W.
Chinden Blvd./SH 20-26 and transition to less intense commercial, live/work and residential
uses at the south and east boundaries of the site as desired in MU-C designated areas per
Figure 3-3 of the Comprehensive Plan. At a minimum, the “strip” commercial buildings
depicted along the south boundary of the site should be reconfigured into an “L” shape and/or
detached to break up the building mass and uses adjacent to the existing & future residential
area and the future east/west street. The rear of the Winco building should face N. Linder
Road so that the loading docks aren’t directly adjacent to the existing and future residential
area. With an “L” shape, central common areas/public plazas could be provided rather than at
the end of and in front of a strip of stores as currently depicted.
b. Vertically integrated residential (i.e. live/work) pads should be located on the periphery of
the commercial development near future residential uses and less intense commercial uses
rather than in the middle of a busy commercial area and parking lot adjacent to the state
highway.
c. Based on the MU-C designated area (54 acres) and the increase in building size of 25,000
square feet (or 0.57 of an acre), a minimum of 3.27 acres of public and quasi-public uses shall
be provided for the development. (Submit an exhibit that demonstrates compliance with this
requirement; qualified area is limited to parks, plazas, outdoor gathering areas, open space,
libraries, schools, etc. – landscape buffers and planter islands do not qualify. If some of this
area will be provided on the on the future development area, include a bubble plan or note to
that effect.) Configuring some of the buildings in an “L” shape as recommended could provide
a more usable and attractive plaza/public use/gathering area rather than at the end of and in
front of a strip of stores as currently depicted.
d. Include a street/driveway/pedestrian network that depicts vehicular and pedestrian
connectivity between the proposed commercial development and the existing and future
residential neighborhood; a street connection between N. Linder Road and the east boundary
of the site for future connection to N. Fox Run Way and access to the traffic signal (this will
also serve as a “break” or transition between commercial and residential areas); and extension
of the existing stub streets. Also include a bubble plan for possible future uses on the “future
development” area.
1.1 A Development Agreement (DA) is required as a provision of 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.
Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
Planning Division within six (6) months of the City Council granting annexation. The DA shall,
at minimum, incorporate the following provisions:
a. Future development of this site shall substantially comply with the conceptual development
plan, use area plan, circulation plan, fencing plan (including materials), site section,
preliminary plat, landscape plan and conceptual building elevations included in Exhibit A and
the conditions contained herein.
- 17 -
b. Future development shall comply with the design standards listed in UDC 11-3A-19 and the
City of Meridian Architectural Standards Manual.
c. One building permit is allowed to be issued on the subject property prior to recordation of the
subdivision.
d. Non-residential buildings should be proportional to and blend in with adjacent residential
buildings in accord with the Comprehensive Plan for mixed use community designated areas.
e. Provide an ADA bus stop on the site; work with Valley Ride Transportation (VRT) on the
location and details. If VRT determines a bus stop is not needed at this location, the applicant
should submit written documentation as such from VRT.
f. A minimum of three (3) land use types are required to be provided within this development
[i.e. commercial (includes retail, restaurants, etc.), office, residential, civic (includes public
open space, parks, entertainment venues, etc.), and industrial].
g. Provide a detached 10-foot wide multi-use pathway (Eagle Island segment) within the street
buffer along N. Linder Road in accord with the Pathways Master Plan. A 14-foot wide public
pedestrian easement for the pathway is required to be submitted to the Planning Division,
approved by City Council and recorded. The applicant shall coordinate with Kim Warren,
Park’s Department Pathways Project Manager (208-888-3579), regarding specifications for
the pathway.
h. Provide a detached 10-foot wide multi-use pathway within the street buffer along W. Chinden
Blvd./SH 20-26 as set forth in UDC 11-3H-4C.4. A 14-foot wide public pedestrian easement
is required to be submitted to the Planning Division, approved by City Council and recorded
for the pathway.
i. A minimum of 3.27 acres of public and quasi-public uses shall be provided for the mixed use
designated portion of the development consisting of parks, plazas, outdoor gathering areas,
open space, libraries, schools, etc. – landscape buffers, planter islands, outdoor seating areas
at restaurants, etc. do not qualify.
j. Business hours of operation for the community grocer (i.e. Winco) shall be limited to the
hours between 6:00 am and 11:00 pm due to the location of the loading docks adjacent to an
existing and future residential area, unless otherwise approved by City Council. Exception: If
the Winco building is turned so that the rear of the structure and loading docks face N. Linder
Road as recommended, the hours shall not be restricted unless the use abuts a residential use
or district as set forth in UDC 11-2B-3A.4.
k. All of the existing stub streets (N. Arliss Ave., N. Bergman Ave. and W. Director Street)
shall be extended with this development as originally intended for interconnectivity. At least
one of the stub streets shall be extended with the first phase of development for
interconnectivity between the commercial development and residential neighborhood.
l. The street buffer landscaping and 10-foot wide multi-use pathways along the entire frontage
of N. Linder Road and SH 20-26/Chinden Blvd. shall be constructed with the first phase of
development.
m. Prior to any development occurring on the eastern portion of the site depicted on the
conceptual development plan as “future development” and “future residential development”,
the development agreement shall be amended to include a concept plan for these areas that is
consistent with the Comprehensive Plan for the MU-C designated area, that depicts the
following:
a. Residential densities shall be a minimum of six dwelling units per acre.
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b. Single-family detached units shall be provided along the south boundary of the site
adjacent to existing homes in Paramount Subdivision and should transition to higher
density housing to obtain a minimum density of 6 units per acre.
c. A public street connection from N. Linder Road to the east boundary of the site for future
connection with N. Fox Run Way for access to the traffic signal.
d. Transitional uses/buffering between commercial and residential uses.
1.2 Site Specific Conditions – Preliminary Plat
1.2.1 The preliminary plat included in Exhibit A.4, dated 9/5/2017, shall be revised as follows:
a. Work with the property owner to the south (Parcel #S0425233700) on the location for the
driveway stub in order to align with the backage road proposed on that site; depict a driveway
stub through Lot 15 to the property to the south within a separate common lot covered by an
ingress-egress/cross-access easement.
b. There is only (1) Block in this subdivision as right-of-way does not divide the property
necessitating individual blocks; re-number the lots accordingly and remove Blocks 2, 3 and 4.
1.1.1 The landscape plan included in Exhibit A.5, dated 9/5/2017, shall be revised as follows:
a. The 5-foot wide sidewalk depicted within the street buffer along N. Linder Road shall be
widened to 10-feet as it’s a segment of the City’s multi-use pathway system.
1.1.5 The entire street buffer and pathway/sidewalk along N. Linder Road and W. Chinden Blvd./SH
20-26 shall be constructed with the first phase of development.
1.1.6 Provide a cross-access/ingress-egress easement to the property to the south (Parcel
#S0425233700) in accord with UDC 11-3A-3A; the developer shall work with that property
owner to align the driveway/easement with the backage road proposed on that site.
1.1.7 All fencing shall comply with the standards listed in UDC 11-3A-7.
1.3 General Conditions of Approval – Preliminary Plat
1.3.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC
Chapter 2 District regulations.
1.3.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
1.3.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11.
1.3.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-
15, UDC 11-3B-6 and MCC 9-1-28.
1.3.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.3.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J.
1.3.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3B-5I,
11-3B-8C, and Chapter 3 Article C.
1.3.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-
7C (streets).
1.3.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-
11C.
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1.3.10 Protect any existing trees on the subject property that are greater than four-inch caliper and/or
mitigate for the loss of such trees as set forth in UDC 11-3B-10.
1.3.11 Provide bicycle parking spaces as set forth in UDC 11-3C-6G consistent with the design
standards as set forth in UDC 11-3C-5C.
1.3.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12.
1.3.13 Construct all required landscape areas used for storm water integration consistent with the
standards as set forth in UDC 11-3B-11C.
1.3.14 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the
guidelines set forth in the City of Meridian Standards Manual.
1.3.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
1.3.16 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site.
1.3.17 All fencing constructed on the site shall comply with the standards as set forth in UDC 11-3A-7
and 11-3A-6B as applicable.
1.4 Ongoing Conditions of Approval – Preliminary Plat
1.4.1 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
1.5 Process Conditions of Approval – Preliminary Plat
1.5.1 No signs are approved with this application. Prior to installing any signs on the property, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
1.5.2 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design
Review application from the Planning Division, prior to submittal of any building permit
application.
2. PUBLIC WORKS DEPARTMENT
2.1 Site Specific Conditions of Approval
2.1.1 Sanitary sewer mains intended to provide service to the subject site currently exists at the current
north terminus of N. Arliss Avenue and N. Bergman Avenue. Applicant shall be responsible for
the extension of these mainlines through the project.
2.1.2 Water mains intended to provide service to the subject site currently exist at the current north
terminus of N. Arliss Avenue and N. Bergman Avenue, as well as within N. Linder Road, and at
the west terminus of W. Director Street. Applicant shall be responsible for the extension of these
mainlines through the project.
2.1.3 A street light plan will need to be included in the final plat and/or building permit application.
Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street
Lighting. A copy of the standards can be found at
http://www.meridiancity.org/public_works.aspx?id=272
2.2 General Conditions of Approval
2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to provide
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service outside of a public right-of-way. 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.
2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20-feet wide for a
single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but
rather dedicated outside the plat process using the City of Meridian’s standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, 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. All easements must be
submitted, reviewed, and approved prior to development plan approval.
2.2.4 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, a single -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
prior to receiving development plan approval.
2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and
possible reassignment of street addressing to be in compliance with MCC.
2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC
11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any
other applicable law or regulation.
2.2.7 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.
2.2.8 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.
2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,
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.
2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, etc., prior to signature on the final plat.
2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy
of the structures. Where approved by the City Engineer, an owner may post a performance surety
for such improvements in order to obtain City Engineer signature on the final plat as set forth in
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UDC 11-5C-3B.
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 the issuance of a plan
approval letter.
2.2.13 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.
2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.2.17 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.
2.2.18 The design 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.
2.2.19 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 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.
2.2.20 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.
2.2.21 A street light plan will need to be included in the civil construction plans. Street light plan
requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy
of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272.
2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure
prior to final plat signature. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-221.
3. POLICE DEPARTMENT
3.1 The Police Department has no comments on this application.
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4. FIRE DEPARTMENT
4.1 Any newly installed Fire Department connections for sprinkler or standpipes will require locking
Knox box plugs.
4.2 Based on the size of new construction and the location of the sprinkler room in relation to the address
side of the structure, the AHJ may require separate Knox box locations. One being at the main,
address side entrance and the other at the entrance to the sprinkler riser room.
4.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance
with International Fire Code Section (IFC) 508.5.4 as follows:
a. Fire hydrants shall have the 4 ½” outlet face the main street or parking lot drive aisle.
b. Fire hydrants 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’.
f. Fire hydrants shall be placed 18” above finished grade to the center of the 4 ½” outlets.
g. Fire hydrants shall be provided to meet the requirements of 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.
4.4 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’
outside, per International Fire Code Section 503.2.4.
4.5 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire
Code Sections 503.4 & D103.6.
4.6 Operational fire hydrants, temporary or permanent street signs, and access roads with an all-weather
surface are required to be installed before combustible construction material is brought onto the site,
as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J.
4.7 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire
Code Sections 503.4 & D103.6.
4.8 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather
surface are required to be installed before combustible construction material is brought onto the site,
as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J.
4.9 The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. The cost of this installation is t o be
borne by the developer. (National Fire Protection Std 1141 Section 5.2.11.1)
4.10 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 as set forth in International Fire
Code Section 507.5.1. For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be
600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183
m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet
(183 m).
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4.11 There shall be a fire hydrant within 100’ of all fire department connections as set forth in local
amendment to the International Fire Code 10-4-2L.
4.12 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets. IFC
102.9.
4.13 Buildings over 30’ in height are required to have access roads in accordance with the International
Fire Code Appendix D Section D105.
4.14 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices
installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141,
Section A5.2.18.
4.15 COMMERCIAL AND INDUSTRIAL - Buildings or facilities exceeding 30 feet (9144mm) or
three stories in height shall have at least two means of fire apparatus access for each structure. The
access roads shall be placed a distance apart equal to not less than one half of the length of the overall
diagonal dimension of the property or area to be served, measured in a straight line as set forth in
International Fire Code Appendix D104.1.
4.16 COMMERCIAL AND INDUSTRIAL - Buildings or facilities having a gross building area of
more than 62,000 square feet (5760 m2) shall be provided with two separate and approved fire
apparatus access roads separated by one half of the maximum overall diagonal dimension of the
property or area to be served, measured in a straight line between accesses as set forth in
International Fire Code Appendix D104.2.
Exception: Projects having a gross building area of up to 124,000 square feet (11520 m2) that have a
single approved fire apparatus access road and all buildings are equipped throughout with approved
automatic sprinkler systems. (Remoteness Required)
4.17 ALLEY – In all cases, right of ways shall be a minimum of 20’ in width. The entrance to the alley
from the public street shall provide a minimum twenty-eight foot (28’) inside and forty-eight foot
(48’) outside turning radius. No parking shall be allowed on either side of the street. The minimum
distance for alley accessed properties shall be 20’ from the face of a garage to the property line.
(International Fire Code Section 503.4)
4.18 As set forth in International Fire Code Section D103.3, the Fire Department is opposed to any
landscape island in the middle of a cul-de-sac that may prevent a fire truck from turning around on
the end of the court.
4.19 As set forth in International Fire Code Section 504.1, multi-family and commercial projects shall be
required to provide an additional sixty inches (60”) wide access point to the building from the fire
lane to allow for the movement of manual fire suppression equipment and gurney operations. The
unobstructed breaks in the parking stalls shall be provided so that building access is provided in such
a manner that the most remote part of a building can be reached with a length of 150' fire hose as
measured around the perimeter of the building from the fire lane. Code compliant handicap parking
stalls may be included to assist meeting this requirement. Contact the Meridian Fire Department for
details.
5. REPUBLIC SERVICES
5.1 Please coordinate trash enclosure design and locations with Bob Olson, Republic Services (208-
345-1265 office, or 208-371-1745 cell; or, email: ROlson@republicservices.com ) prior to
submittal of a Certificate of Zoning Compliance application. Also, provide provisions for
recycling.
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6. PARKS DEPARTMENT
6.1 The applicant is required to comply with the mitigation standards listed in UDC 11-3B-10C.5 for any
existing trees 4-inch caliper or greater that are removed from the site. Contact Elroy Huff, City
Arborist (208-371-1755), prior to removal of any existing trees from the site.
6.2 The Pathways Master Plan requires a 10-foot wide segment of the City’s multi-use pathway
(Eagle Island) along the frontage of this on N. Linder Road; the applicant should coordinate with
Kim Warren, Park’s Department (208-888-3579) regarding the requirements for the pathway. The
UDC (11-3H-4C.4) also requires a 10-foot wide multi-use pathway along SH 20/26.
6.3 Submit a 14-foot wide public pedestrian easement for the multi-use pathway along Linder Road and
W. Chinden Blvd./SH 20-26; coordinate the details of the easements with Kim Warren, Pathways
Project Manager, 208-888-3579. If the pathways are located within right-of-way, an easement is not
required to be submitted to the City.
7. ADA COUNTY HIGHWAY DISTRICT
A staff report has not yet been received from ACHD on this project.
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Exhibit C: Legal Description & Exhibit Map for Annexation & Zoning Boundary
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D. Required Findings from Unified Development Code
1. ANNEXATION & ZONING 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, the
Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Commission finds that the proposed map amendment to the C-C and R-8 zoning districts
is consistent with the MU-C and MDR FLUM designations for this site and should be
compatible with existing and future uses in the area. However, the Commission finds the
proposed conceptual development plan is not consistent with the MU-C designation in the
Comprehensive Plan (see section VII above for more information).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The Commission finds that the proposed map amendment to the C-C and R-8 zoning districts
is consistent with the purpose statements of the commercial and residential districts as
detailed in Section VIII above.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The Commission finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare; however, the Commission finds that if the site is developed
in accord with the proposed conceptual development plan that it may be detrimental to the
public health, safety and welfare. City utilities are available to be extended at the expense of
the applicant. The Commission recommends that the Council consider any oral or
written testimony that may be provided when determining this finding. Many letters of
public testimony have been submitted for this project.
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 Commission 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 11-5B-3.E).
The Commission finds the proposed annexation of this property is not in the best interest of
the City with the proposed conceptual development plan.
2. PRELIMINARY PLAT:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the
decision-making body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan;
The Commission finds that the proposed plat is not in conformance with the adopted
Comprehensive Plan in regard to transportation and circulation goals.
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b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The Commission finds that public services are available to be extended to the subject
property upon development. (See Exhibit B of the Staff Report for more details from public
service providers.)
c. The plat is in conformance with scheduled public improvements in accord with the
City’s capital improvement program;
Because City water and sewer and any other utilities will be provided by the developer at
their own cost, the Commission finds that the subdivision will not require the expenditure of
capital improvement funds.
d. There is public financial capability of supporting services for the proposed
development;
The Commission recommends the Council rely upon comments from the public service
providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more
detail.)
e. The development will not be detrimental to the public health, safety or general welfare;
and
Based on the Staff recommendation and testimony provided at the public hearing, the
Commission finds the proposed development will be detrimental to the public health, safety
and general welfare due to noise, light and traffic generated form the proposed development.
ACHD and ITD consider road safety issues in their analyses.
3. VARIANCE:
The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings
listed in Section 11-5B-4.E of the UDC to review the variance request. In order to grant a
variance, the Council shall make the following findings:
a. The variance shall not grant a right or special privilege that is not otherwise allowed in
the district;
Staff finds granting the proposed accesses via Chinden Boulevard would grant a right or
special privilege as the UDC specifically prohibits access via the state highway unless
otherwise approved through a variance.
b. The variance relieves an undue hardship because of characteristics of the site; and
Staff finds there are no unique characteristics of the site that create an undue hardship that
granting a variance would relieve; however, this site does have a lot of frontage on SH 20-26
as the site is 2,640 feet wide (frontage on SH 20-26) x 1,290 feet deep (frontage on Linder)
which would make sole access to the site via Linder and the (3) existing residential stub
streets difficult and inefficient.
c. The variance shall not be detrimental to the public health, safety, and welfare.
Staff finds granting the variance for additional accesses via Chinden Boulevard, an existing
two lane highway, would likely be detrimental to public safety with traffic slowing down to
turn into the site and pulling out of the site at a slow rate of speed merging into traffic at a
high rate of speed. However, if the highway is widened to 4 lanes as intended through the
STAR’s program, Staff finds the proposed accesses shouldn’t be detrimental to the public
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health, safety and welfare if the appropriate improvements are constructed as determined by
ITD.