Z - Findings Signed (Revised) H-2019-0013 PPCITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0013 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for Annexation and Zoning
of 125.68 acres of Land with an R-8 Zoning District; Preliminary Plat Consisting of 156 Building
Lots and 29 Common Lots on 51.46 Acres of Land in the R-8 Zoning District for Gander Creek
North Subdivision; and Preliminary Plat Consisting of 245 Building Lots and 36 Common Lots on
65.64 Acres of Land in the R-8 Zoning District for Gander Creek South Subdivision, by Trilogy
Development, Inc.
Case No(s). H-2019-0013
For the City Council Hearing Date of: May 28, 2019 (Findings on June 18, 2019)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of May 28, 2019, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of May 28, 2019, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 28, 2019,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of May 28, 2019, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use
Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Meridian City Council Meeting Agenda June 18, 2019 – Page 82 of 186
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0013 - 2 -
Community Development Department, the Public Works Department and any affected party
requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of May 28, 2019, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant’s request for annexation and zoning is hereby approved with the requirement of a
Development Agreement; and the request for two (2) preliminary plat applications are hereby
approved per the provisions in the Staff Report for the hearing date of May 28, 2019, attached
as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer’s signature
on the final plat within two (2) years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat (UDC 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two (2) years, may be considered for
final approval without resubmission for preliminary plat approval (UDC 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City
Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up
to two (2) years as determined and approved by the City Council may be granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again (UDC 11-
6B-7C).
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
Meridian City Council Meeting Agenda June 18, 2019 – Page 83 of 186
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0013 - 3 -
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six (6) months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six (6) month approval
period.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of May 28, 2019
Meridian City Council Meeting Agenda June 18, 2019 – Page 84 of 186
By action of the City Council at its regular meeting held on the ' day of
2019.
COUNCIL PRESIDENT JOE BORTON VOTED
COUNCIL VICE PRESIDENT LUKE CAVENER VOTED
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED
COUNCIL MEMBER TY PALMER VOTED A
COUNCIL MEMBER TREG BERNT VOTED
COUNCIL MEMBER GENESIS MII AM VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor Tammy de Weer
Attest: ot�'tEDAUVVJ .
C11I1J JO IDAHO
Interim Clerk s� SEAL y
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: U I Dated:--(O-
City
ated:(O-City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0013 /'`1,., pew kcx, - 4 -
EXHIBIT A
Page 1
HEARING
DATE:
May 28, 2019
TO: Mayor & City Council
FROM: Sonya Allen, Associate Planner
208-884-5533
Bruce Freckleton, Development
Services Manager
208-887-2211
SUBJECT: H-2019-0013
Gander Creek North & South
LOCATION: Southwest corner of N. McDermott Rd.
and W. McMillan Rd., in the NE ¼ of
Section 32, T.4N., R.1W.
(Parcel No’s.: S0432110450;
S0432110100; S0432110565;
S0432141800; S0432110500)
NOTE: This development application was submitted and went to the Planning & Zoning Commission under one
preliminary plat application. During Staff’s review of the application for the staff report it was noted that the
subject property is bisected by the Five Mile Creek which is owned by the Nampa & Meridian Irrigation
District and not the adjacent land owner as is typical. Because the Irrigation District does not wish for their land
to be part of the subdivision, the subject property is required to be included in two (2) separate preliminary
plats. Since the Commission hearing, the Applicant has submitted an updated application and plans to bifurcate
the proposed subdivision as required. Staff has updated the staff report accordingly. The number and
configuration of building lots and common lots have not changed.
I. PROJECT DESCRIPTION
Annexation and zoning of 125.68 acres of land with an R-8 zoning district; and two (2) preliminary plats
consisting of a total of 401 building lots, and 55 65 common lots and 5 other lots on 117.10 acres of land in the R-8
zoning district for Gander Creek Subdivision.
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
Meridian City Council Meeting Agenda June 18, 2019 – Page 86 of 186
Page 2
II. SUMMARY OF REPORT
A. Project Summary
B. Community Metrics
Description Details Page
Acreage 117.10
Future Land Use Designation MDR (3 to 8 units/acre)
Existing Land Use Rural residential/agricultural
Proposed Land Use(s) SFR
Current Zoning RUT in Ada County
Proposed Zoning R-8
Lots (# and type; bldg/common) 401 building/55 common/5 other lots
Phasing plan (# of phases) 9 phases
Number of Residential Units (type
of units)
401 SFR units (detached)
Density (gross & net) 3.42 gross/4.15 net
Open Space (acres, total [%] /
buffer / qualified)
12.55 acres (13%)
Amenities 10’ wide multi-use pathway, internal pathways, a swimming
pool, (2) children’s play structures, (2) picnic shelters, ½
basketball court
Physical Features (waterways,
hazards, flood plain, hillside)
The Five Mile Creek bisects the northern & southern portions
of this development and is owned by the Irrigation District
Neighborhood meeting date; # of
attendees:
December 17, 2018; 5 attendees
History (previous approvals) In 2015, an application for annexation & zoning and
preliminary plat was denied on the northern portion of this
site due to Council’s Finding that it was not in the best
interest of the City to annex the property at that time.
(Copperbrook Sub. H-2015-0029)
Description Details Page
Ada County Highway
District
Staff report
(yes/no)
Yes
Requires ACHD
Commission
Action (yes/no)
No
Fire Service
Distance to Fire
Station
4 miles
Fire Response
Time
7:00 minutes under ideal conditions
Resource
Reliability
77% from Fire Station #5 – does not meet the targeted goal of 85% or greater
Risk
Identification
2 – Current resources would not be adequate to supply service to this project
(see comments in Section VII.C
Accessibility Project meets all required access, road widths and turnarounds; project will be
limited to 30 building lots until secondary access is available
Meridian City Council Meeting Agenda June 18, 2019 – Page 87 of 186
Page 3
Special/resource
needs
An aerial device is not required
Water Supply Requires 1,000 gallons per minute for 2 hours
Other Resources NA
Police Service
Distance to Police
Station
8.5 miles
Police Response
Time
5-7 minutes
Calls for Service NA (site is currently in Ada County)
Accessibility No issues with the proposed access
Specialty/resource
needs
No additional resources are needed at this time; the PD already services the
area to the east
Wastewater
Distance to Sewer
Services
+/- 340 Ft.
Sewer Shed North McDermott Trunkshed
Estimated Project
Sewer ERU’s
See application information
WRRF Declining
Balance
13.59
Project Consistent
with WW Master
Plan/Facility Plan
Yes
Impacts/Concerns This development is subject to paying reimbursement fees for The Oaks Lift
Station and Pressure Sewer Reimbursement Agreement, and the West Ada
School District Reimbursement Agreement for Oaks Lift Station Pump
Upgrades (currently under development) pursuant to meridian city code
section 8-6-5
Water
Distance to Water
Services
+/- 500 Ft.
Pressure Zone 1
Estimated Project
Water ERU’s
See application information
Water Quality This development will require significant off-site utility improvements to
connect to existing water system mainlines. In the early phases of this
development, water demand will be low, and resident time of water in the
system may be several days. This will make it difficult to maintain residual
chlorine levels. This problem will decrease as homes are built and demand
increases. This can also be mitigated by requiring looping of the water mains
to allow water to move through the development to areas of higher demand,
and by system flushing.
Project Consistent
with Water
Master Plan
Yes
Impacts/Concerns Each phase must be modeled at final plat to ensure adequate fire flow. Water
must be supplied from at least two mains for all phases of the development.
Meridian City Council Meeting Agenda June 18, 2019 – Page 88 of 186
Page 4
C. Project Maps
III. APPLICANT INFORMATION
A. Applicant:
Trilogy Development, Inc. – 9839 W. Cable Car St. #101, Boise, ID 83709
B. Owner:
Union Square, LLC/RWK Investments, LLC/Heartland Townhomes Property Management, LLC – 9839 W.
Cable Car St., Ste. 101 Boise, ID 83709
Kenneth P. Goldbach & Melynda A. Maxwell – 4455 N. McDermott Rd., Meridian, ID 83646
Future Land Use Map
Aerial Map
Zoning Map
Planned Development Map
Meridian City Council Meeting Agenda June 18, 2019 – Page 89 of 186
Page 5
C. Representative:
Bob Taunton, Taunton Group, LLC – 2724 S. Palmatier Way, Boise, ID 83716
IV. NOTICING
Planning & Zoning
Posting Date
City Council
Posting Date
Newspaper Notification 3/15/2019 5/10/2019
Radius notification mailed to
properties within 300 feet 3/12/2019 5/7/2019
Public hearing notice sign posted
on site 3/21/2019 5/17/2019
Nextdoor posting 3/12/2019 5/7/2019
V. STAFF ANALYSIS
A. ANNEXATION & ZONING
The Applicant requests annexation and zoning of 125.68 acres of land with an R-8 zoning district for the
development of 401 single-family detached residential homes.
Comprehensive Plan (https://www.meridiancity.org/compplan):
The Future Land Use Map (FLUM) designation for this property is Medium Density Residential (MDR).
The MDR (Medium Density Residential) designation allows smaller lots for residential purposes within City
limits. Uses may include single-family homes at gross densities of 3 to 8 units per acre. Single-family
residential detached homes at a gross density of 4.15 units/acre (or 3.42 units/acre including the future right-
of-way easement for SH-16 and the land reserved for a fire station and service center) are proposed to develop
on this site consistent with the MDR designation.
Transportation:
The Master Street Map (MSM) depicts a planned north/south residential collector street along the western
boundary of this site at the half mile between N. McDermott & N. Star Rd. as proposed on the plat consistent
with the MSM. Note: With approval of the school site to the south (i.e. Owyhee High School and future
elementary school), the Developer committed to construct the collector street from McMillan Rd. to the north
boundary of the school site (i.e. the subject property’s south boundary) to be substatially complete prior to
issuance of the Certificate of Occupancy for the High School anticipated to open in the Fall of 2021. This
access is needed in order to provide the school with two (2) points of public street access as required by the
Fire and Police Departments. The Applicant and West Ada School District plan to enter into a binding
agreement for such improvements upon annexation of the subject property.
State Highway 16 is planned to extend in the future from W. Chinden Blvd. to the south to I-84 across the
eastern portion of this site within a 300’ wide easement west of N. McDermott Rd. An overpass is conceptually
planned on W. McMillan Rd. over the future SH-16. The future right-of-way and slope easements needed for
these improvements are depicted on the plat included in Section VII.B although the design of these
improvements are still in process and are not yet finalized. ITD has programmed funding for preliminary
engineering and right-of-way acquisition on SH-16 between I-84 and SH-20/26/Chinden Blvd. (FY2019-2023
Regional Transportation Improvement Program Key Number 208158); however, construction is unfunded.
Proposed Use Analysis:
Single-family detached dwellings are listed in UDC Table 11-2A-2 as a principal permitted use in the R-8
zoning district.
Meridian City Council Meeting Agenda June 18, 2019 – Page 90 of 186
Page 6
Comprehensive Plan Policies (https://www.meridiancity.org/compplan):
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):
“Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-family
arrangements) and choices between ownership and rental dwelling units for all income groups in a variety
of locations suitable for residential development.” (3.07.03B)
Only one housing type, single-family detached homes, is proposed within this development; however, there
are a mix of 5 different lot sizes proposed (i.e. 38’ wide rear load, 40’, 50’, 60’ and 70’+); Staff is
unaware if the homes will be owner occupied or rental units.
“Provide housing options close to employment and shopping centers.” (3.07.02D)
The proposed development is not currently in close proximity to any employment or shopping centers;
however, a large medical campus including medical offices, a hospital, surgical center and emergency
room, and other office uses are planned a mile to the north near the SH-16/Chinden intersection. The
proposed development will provide housing options for this area and the adjacent mixed use designated
land.
“Consider ACHD’s Master Street Map (MSM) in all land use decisions.” (3.03.04K)
The proposed plat depicts a north/south collector street along the west boundary of this site consistent with
the MSM.
“Require open space areas within all development.” (6.01.01A)
An open space exhibit is included in Section VII.E that complies with the minimum UDC standards listed
in UDC 11-3G-3.
“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)
The proposed development is contiguous to the City and urban services can be provided to this
development.
“Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D)
Only one access is proposed via W. McMillan Rd., an arterial street; two accesses are proposed via the
collector street; Staff is of the opinon the proposed accesses are appropriate for this development.
“Work with ACHD, COMPASS, and VRT on bringing public transportation to and through Meridian.”
(3.03.04H)
VRT’s long-term plan (ValleyConnect 2.0) does not include any service in this area.
“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 pathways are depicted on the landscape plan throughout the development. A segment of the
City’s multi-use pathway system is planned along the Five Mile Creek which bisects this site (east/west)
that will assist in providing connectivity between developments and to the school site 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)
The Applicant has been working with ITD to plan for the future extension of SH-16 across the eastern
portion of this site.
“Develop alternative modes of transportation through pedestrian improvements, bicycle lanes, off-street
pathways, and transit-oriented development as appropriate.” (3.03.03D)
Pedestrian walkways are proposed internally throughout the development and a segement of the City’s
multi-use pathway system is proposed off-street along the Five Mile Creek.
Meridian City Council Meeting Agenda June 18, 2019 – Page 91 of 186
Page 7
Zoning:
Based on the analysis above, Staff is of the opinion the requested annexation with the R-8 zoning district and
proposed development and density is generally consistent with the MDR FLUM designation for this site.
The proposed annexation area is contiguous to City annexed property to the south and east and is within the
Area of City Impact Boundary. A legal description for the annexation area is included in Section VII.A.
The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho
Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff
recommends a DA as a provision of annexation with the provisions included in Section VIII.
Although the proposed annexation area is contiguous to City annexed property, it is located at the far west
periphery of the City; annexation of this property would further the sprawl in this area. A previous
development (i.e. Copperbrook Subdivision) was denied on this site in 2015 based on Council’s decision that it
was not in the best interest of the City to annex the property at that time based on comments from the public
hearings. Reasons for denial discussed at the hearing were that they wanted the City to develop from the inside
out, rather than the outside in; and concern that stretching City services out west of McDermott would take
away services to existing residents and open up another square mile for development. Since that time, the
property directly to the south was annexed for the development of a high school. A lot for a fire station is
proposed with this development which would assist is providing services for this development as well as the
surrounding area. For this reason and because the City Council approved the annexation of the school property
to the south, staff is supportive of the proposed annexation.
B. PRELIMINARY PLAT
The proposed preliminary plat for Gander Creek North consists of 401 156 building lots, 55 and 29 common
lots on 51.46 acres of land in the R-8 zoning district; and the proposed preliminary plat for Gander Creek
South consists of 245 building lots and 5 36 common lots on 65.64 other lots consisting of (4) lots reserved for
ITD for future right-of-way (ROW) for the construction of SH-16 and (1) lot reserved for the City for
construction of a future fire station and service center on 117.10 acres of land in the R-8 zoning district.
The minimum lot size for the development is 4,000 square feet (s.f.) with an average lot size of 6,002 s.f. Five
(5) different sizes of lots are proposed (i.e. 4K, 5K, 6K, 7K, and 8K square feet) for the development of
traditional front-loaded lots and rear-loaded alley lots. A lot size rendering is included in Section VII.D that
demonstrates the variety of lots proposed within the development.
Note: It came to the attention of Staff after scheduling this application for hearing that NMID actually owns
the land on which the the Five Mile Creek is located that bisects this property instead of only having an
easement which is typical. Prior to the City Council hearing, the Applicant should revise the preliminary plat
(and associated plans and documents) to break the plat into two (2) separate preliminary plats north and
south of the Five Mile Creek, obtain approval of new subdivision names from the Ada County Surveyor’s
office, and submit additional application fees ($2,264).
Phasing Plan: The subdivision is proposed to develop in 9 phases as shown on the phasing plan in Section
VII.B. The first phase is in the northern portion of the development and will include a 2.11 acre park with a
playground, picnic shelter and pathway at the entry of the development off McMillan Rd. The second phase is
in the southern portion of the development and includes a 2.73 acre park with a playground, picnic shelter and
pathways off N. McCrosson Ave. Because Gander Creek North and South will be developed as one project,
Staff recommends a provision is included in the DA that allows the project to develop under one phasing plan
as shown in Exhibit B in Section VIII.
Outparcel: There is a 0.43 of an acre out-parcel that contains a residence at the northeast boundary of the site.
Staff has verified it is an “original parcel of record” as defined by UDC 11-1A-1. As such, it’s not required to
be included in the proposed subdivision but will create an enclave. The Applicant stated in their narrative that
they have spoken to the property owners and they declined to sell their property or be included in the subject
Meridian City Council Meeting Agenda June 18, 2019 – Page 92 of 186
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annexation and preliminary plat application; they also do not wish to have a sidewalk on their property along
McMillan Rd.
Existing Structures:
There are four existing homes and accessory structures on this site. The two existing homes on Parcel
#S0432110100 and #S0432110500 within the future ROW area for SH-16 are now owned by the Developer
and are being leased back to the previous owners until such time as right-of-way acquisition occurs for SH-16
and/or the construction of SH-16 commences; the other two existing homes outside of the ROW will be
removed with development. These homes should not be expanded or enlarged.
Existing homes that are proposed to remain are required to hook up to city water and sewer service within sixty
(60) days after date of official notice from the City to do so; provided, that such services are within three
hundred feet (300’) of any property line of the building to be served as set forth in MCC 9-1-4 and 9-4-8. The
Applicant requests a waiver of this requirement as ITD right-of-way acquisition is about to commence
and the homes will either be removed upon acquisition of ROW or with construction of SH-16.
Existing Easements:
There is an existing ingress/egress easement (Inst. #98106235) for W. Lazy Diamond C Lane and an Idaho
Power easement (Inst. #8958920) noted on the plat that should be relinquished and/or vacated (as applicable)
prior to signature on the final plat for the phase in which they are located. The Applicant should submit
copies of easement relinquishment(s) and/or proof of vacation of the easement(s) with the final plat
application as applicable.
Fire Station: A 3.84 acre lot is designated at the southwest corner of the site for a City fire station and
equipment service facility. The transfer to the Fire Dept. will be a combination donation and purchase
transaction to take place at the time of recording the final plat that includes the lot.
A condtional use permit is required for a fire station (i.e. public/quasi-public use) in the R-8 zoning district per
UDC Table 11-2A-2; compliance with the associated specific use standards listed in UDC 11-4-3-30, Public or
Quasi-Public Use is required.
Dimensional Standards (UDC 11-2)
The proposed plat and subsequent development is required to comply with the minimum dimensional standards
listed in UDC Table 11-2A-6 for the R-8 district.
Lots 15 and 16, Block 4 (S); and Lots 38 and 40, Block 2 (S) should be revised to reflect a minimum 30-
foot wide street frontage; and Lot 12, Block 6 (S) should be a minimum of 40-feet wide measured as a
chord measurement.
Subdivision Design & Improvement Standards (11-6C-3):
Compliance with the subdivision design and improvement standards listed in UDC 11-6C-3 is required, which
includes streets (including alleys), easements and block face.
The proposed plat appears to be in compliance with these standards except for a couple of blocks that
exceed the maximum length of 750’ without an intersecting street or alley as follows:
The face of Block 2 that fronts on W. Mill Creek Dr. and abuts the south side of the Five Mile
Creek (790’+/-); and,
The face of Block 2 and Block 7 that fronts on W. Redwood Creek Dr. that abuts the north side
of the McFadden Drain/Five Mile Creek along the project’s south boundary (800’+/- and 763’+/-,
respectively).
The UDC allows for City Council to approve block faces up to 1,200’ in length where block design is
constrained by site conditions that include an abutting arterial street or highway, and a large
waterway and/or a large irrigation facility, which is the case in all three of these cases. Staff
recommends Council approval the block face of these 3 blocks as proposed.
Meridian City Council Meeting Agenda June 18, 2019 – Page 93 of 186
Page 9
North Arroyo Creek Ave. and N. Carmel Creek Ave. on the northern portion of the site are proposed as
28’ public streets, which require sidewalks to be provided on each side of the street per UDC 11-3A-17.
If sidewalks aren’t desired, these streets should be constructed as alleys; signage should be provided at
each end of the alleys for addressing purposes.
Access (UDC 11-3A-3, 11-3H-4):
One (1) full access is proposed via W. McMillan Rd., an arterial street, at the project’s north boundary and two
(2) full accesses are proposed via N. McCrosson Ave., the proposed collector street, at the project’s west
boundary. A secondary emergency access is proposed following the sewer alignment from McDermott Rd. and
the future W. Deer Creek Dr. Direct lot access via N. McCrosson Ave., W. McMillan Rd., N. McDermott
Rd./future SH-16 is prohibited, except for Lot 2, Block 7 which is planned for a fire station and should have
direct access via N. McCrosson Ave.
A crossing is proposed over the Five Mile Creek at the ¼ mile between N. McDermott Rd. and N. McCrosson
Ave. A stub street, N. Glassford Way, is proposed to the south for future extension and interconnectivity with
the school site (Owyhee High School).
Parking (UDC 11-3C):
Off-street parking is required to be provided for single-family detached dwellings based on the number of
bedrooms per unit [i.e. 1-bedroom requires 2 per unit with at least 1 in an enclosed garage, other space may be
enclosed or a minimum 10’ x 20’ parking pad; 2-, 3-, and 4-bedroom units require 4 per unit with at least 2 in
an enclosed garage, other spaces may be enclosed or a minimum 10’ x 20’ parking pad(s); and 5+ bedroom
units require 6 spaces per unit with at least 3 in an enclosed garage, other spaces may be enclose d or a
minimum 10’ x 20’ parking pad as set forth in UDC Table 11-3C-6].
Pathways (UDC 11-3A-8):
Pathways are required to be constructed in accord with the standards listed in UDC 11-3A-8 with landscaping
on either side of the pathway(s) per the standards listed in UDC 11-3B-12C.
Internal pedestrian walkways are proposed throughout the development linking the neighborhood to the
common areas and amenities. A 10-foot wide segment of the City’s multi-use pathway is proposed along the
west boundary of the site within the street buffer along N. McCrosson Ave. from the south boundary of the site
to the north boundary of the Five Mile, continuing to the east along the north side of the creek to N. Glassford
Ave. and then to the north through the site to McMillan Rd. for access to the future overpass over SH-16. The
Park’s Dept. recommends the pathway continues from Glassford to the east boundary of the site
consistent with the Pathways Master Plan. Prior to submittal of the final plat for City Engineer
signature, a public access easement should be submitted for the multi-use pathway; coordinate the
details with Kim Warren, Park’s Department (208-888-3579).
No landscaping is depicted adjacent to the multi-use pathway along the creek; minimum 5-foot wide
landscape strips are required to be provided along each side of the pathway landscaped per the
standards listed in UDC 11-3B-12C – if NMID will not allow any or all of the landscaping on their
property, a common lot should be provided on the subject property to accommodate the pathway and
associated landscaping as needed.
Sidewalks (UDC 11-3A-17):
Sidewalks are required within the development in accord with the standards listed in UDC 11-3A-17. The
proposed plan depicts sidewalks in accord with UDC standards, except for along N. McDermott Rd.
where a minimum 5-foot wide detached sidewalk is required; the plans should be revised accordingly.
Although the sidewalk will eventually be torn out when SH-16 is extended, it will likely be many years before
this occurs as the project is currently unfunded and right-of-way has not yet been acquired for the extension.
Parkways (UDC 11-3A-17):
Parkways are required to be constructed and landscaped per the standards listed in UDC 11-3A-17E and 11-
3B-7C.
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Six-foot wide parkways are proposed on the portion of the development north of the Five Mile Creek;
root barriers that are a minimum of 18 inches below subgrade adjacent to the sidewalk and a 24 inches
below subgrade adjacent to the curb extending 2 inches above grade are required. Trees within the
parkway are restricted to Class II trees. If 8-foot wide parkways are provided, root barriers are not
required.
Landscaping (UDC 11-3B):
Street buffers are required to be provided as set forth in UDC Table 11-2A-6 for the R-8 district and
landscaped per the standards listed in UDC 11-3B-7C.
A 25-foot wide buffer is required along W. McMillan, an arterial street; a 20-foot wide buffer is required along
N. McCrosson Ave., a collector street; and a 35-foot wide buffer is required adjacent to N. McDermott Rd./
future SH-16, an entryway corridor as proposed. The street buffer landscaping depicted on the landscape plan
in Section VII.C far exceeds UDC standards. Note: Because the ultimate plan is for a state highway to be
constructed along the project’s east boundary and an appropriate street buffer is proposed for the highway,
staff does not recommend an additional buffer is required along McDermott Rd. as it would just need to be
removed when the highway is constructed.
Qualified Open Space (UDC 11-3G):
A minimum of 10% (or 9.65 acres) of the overall developed site is required to be provided for qualified open
space based on 96.54 acres (excluding the ITD easement for SH-16 and the 3.84 acre parcel reserved for the
City to construct a future fire station and service center) per the standards listed in UDC 11-3G-3B.
A qualified open space exhibit was submitted for the north and south portions of the development as shown in
Section VII.E that depicts 6.23 acres (or 12.11%) of qualified open space in the north portion and 14.01 6.89
acres (or 12 10.5%) of qualified open space for the south portion.; however, Staff has determined based on the
qualifications for open space in accord with the standards listed in UDC 11-3G-3B, some of the areas counted
do not qualify while others that do qualify aren’t counted. Staff has requested the Applicant revise the exhibit
accordingly but has not yet received a revised plan in order to determine consistency with UDC standards,
although it appears adequate qualified open space is proposed.
All stormwater detention facilities counted toward qualified open space are required to be designed in accord
with the standards listed in UDC 11-3B-11C.
Qualified Site Amenities (UDC 11-3G):
A minimum of five (5) qualified site amenities are required to be provided for the development based on
117.10 acres of land per the standards listed in UDC 11-3G-3C.
Amenities are proposed as follows: a swimming pool with a playground, picnic shelter and ½ basketball court
in the 2.11 acre park at the entry to the development from McMillan Rd. in the northern portion of the
development; another playground and picnic shelter in the 2.64 acre park at the entry of the development from
McCrosson Ave. in the southern portion of the development; a picnic shelter in the 0.97 acre park also in the
southern portion of the development; a long segment of the City’s multi-use pathway system along the west
boundary of the southern portion of the development running along the north side of the Five Mile Creek to N.
Glassford Way and north to McMillan Rd.; and many internal pedestrian pathways in excess of UDC
standards.
Waterways (UDC 11-3A-6):
All ditches, laterals, canals or drainage courses lying on the subject property are required to be piped or
otherwise covered unless improved as a water amenity or linear open space in which case they may remain
open as set forth in UDC 11-3A-6.
The Five Mile Creek is located off-site between the north and south portions of this development on land
owned by NMID; the Irrigation District’s easement is a minimum of 100 feet (50 feet from centerline each
direction). The creek should be protected during construction as set forth in UDC 11-3A-6B.1.
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The Noble Lateral is piped and runs along the east boundary of the site within a 30-foot wide easement.
The McFadden Drain (shown on City maps as the Five Mile Creek) runs along the south boundary of this site
on the adjacent property within an 85-foot wide easement (50’ left and 35’ right facing downstream).
All irrigation easements for the Five Mile Creek, McFadden Drain and/or other facilities that encroach
on this site should be depicted on the plat. If the easement is wider than 10 feet it’s required to be included in
a common lot that is a minimum of 20 feet wide and outside of a fenced area, unless otherwise modified by
City Council as set forth in UDC 11-3A-6. Any encroachments within NMID’s easements will require a
License Agreement.
Floodplain: Many of the building lots adjacent to the Five Mile creek lie within the floodplain (i.e. FEMA
Flood Zone A). A floodplain development permit is required to be obtained from the City Public Work’s
Department prior to development occurring within the floodplain.
Fencing (UDC 11-3A-6, 11-3A-7, 11-3H-4D):
All fencing constructed on the site is required to comply with the standards listed in UDC 11-3A-6, 11-3A-7
and 11-3H-4D.
Fencing is proposed on the landscape plan as follows: 5-foot tall wrought iron fencing is proposed along the
rear of building lots adjacent to the Five Mile Creek and the McFadden Drain; 4-foot tall vinyl fencing is
proposed adjacent to internal common areas not visible from a public street and pathways; and a 6-foot tall
vinyl fence is proposed along the perimeter of the development and adjacent to common areas that are visible
from a public street.
A 4-foot tall berm with a 6-foot tall concrete wall on top is proposed along the east boundary of the site
adjacent to N. McDermott Rd./future SH-16 as noise abatement for residential properties from the future state
highway as required by UDC 11-3H-4D (see exhibit in Section VII.C). An exhibit should be submitted with
the final plat applications for Phases 5 and 9 (i.e. the phases containing lots that abut McDermott
Rd./future SH-16) that depicts the centerline (or estimated centerline) of the future SH-16 to ensure the
top of the berm/wall combination is a minimum of 10 feet higher than the elevation at the centerline of
the state highway as required.
A 6-foot tall vinyl fence is proposed along the rear of building lots abutting the street buffer along future
SH-16 which will create a 15-foot wide corridor hidden between two fences/walls that may create
CPTED (Crime Prevention through Environmental Design) safety issues and possibly maintenance
issues for landscaping between the two fences. Staff recommends the 6-foot tall closed vision fence is
removed and a use easement recorded across the back side of the berm along McDermott/SH-16
benefitting adjacent building lots with allowance for side yard fences to be constructed to the wall on top
of the berm; or, an open vision, 4-foot tall closed vision, or 4-foot tall closed vision with 2 foot open vision
fencing on top could be constructed for visibility of the common area between the fence and wall on top
of the berm.
Staff recommends fencing (chain-link or wrought iron) is constructed on the south side of the multi-use
pathway along the Five Mile Creek for public safety that complies with the standards listed in UDC 11-
3A-6C.
Utilities (UDC 11-3A-21):
Connection to City water and sewer services is proposed in accord with UDC 11-3A-21. Street lighting is
required to be installed in accord with the City’s adopted standards, specifications and ordinances. See Section
VIII.B below for Public Works comments/conditions.
Pressurized Irrigation System (UDC 11-3A-15):
An underground pressurized irrigation system is required to be provided for each lot within the development.
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Storm Drainage (UDC 11-3A-18):
An adequate storm drainage system is required in all developments in accord with the City’s adopted
standards, specifications and ordinances. Design and construction shall follow best management practice as
adopted by the City as set forth in UDC 11-3A-18.
Contours should be depicted on the plat for all storm drainage facilities that demonstrate compliance
with UDC 11-3B-11C [i.e. slopes are required to be less than or equal to three to one (3:1)
(horizontal:vertical) for accessibility and maintenance].
Building Elevations (UDC 11-3A-19 | Architectural Standards Manual):
Conceptual building elevations were submitted for the proposed single-family detached structures as shown in
Section VII.G. A variety of 1- and 2-story homes are proposed with a combination of front and rear entry
garages in an assortment of building materials.
Because the rear and/or sides of 2-story structures that face W. McMillan Rd., an arterial street; N.
McDermott Rd./future SH-16, an arterial street/future state highway and entryway corridor; and N.
McCrosson Ave., a collector street, will be highly visible, Staff recommends they incorporate articulation
through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs, pop-
outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to
break up monotonous wall planes and roof lines that are visible from the subject public street. Single-
story structures are exempt from this requirement
VI. DECISION
A. Staff:
Staff recommends approval of the proposed Annexation & Zoning with the requirement of a Development
Agreement and Preliminary Plat per the conditions included in Section VIII in accord with the Findings in
Section IX.
B. The Meridian Planning & Zoning Commission heard these items on April 4 and 18, 2019. At the
public hearing on April 18th, the Commission moved to recommend approval of the subject AZ
and PP requests.
1. Summary of Commission public hearing:
a. In favor: Bob Taunton, Taunton Group; David Bailey, Bailey Engineering; Kevin Amar,
Biltmore Company; Sonia Daleiden, Kittleson and Associates
b. In opposition: None
c. Commenting: Joe Yochum, West Ada School District; David McKinney
d. Written testimony: Shawn Brownlee
e. Staff presenting application: Sonya Allen
f. Other Staff commenting on application: Mark Niemeyer, Fire Chief; Bill Parsons
2. Key issue(s) of public testimony:
a. Adequacy of proposed berm and wall as a buffer along the east boundary of the
subdivision adjacent to future SH-16 – belief that additional buffering should be
required;
b. Provision of additional pathways and wider sidewalks to accommodate both bicyclists
and pedestrians – in favor of extension of the multi-use pathway along the north side of
the creek to McDermott Rd. for connection with the pathway in the Oaks Subdivision to
the east – would like to see more of a direct pedestrian connection from internal
pathways along Glassford to the school site to the south through Block 4.
3. Key issue(s) of discussion by Commission:
a. The extension of the multi-use pathway along the Five Mile Creek east of N. Glassford
Way to McDermott Rd.;
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b. The ability of the Fire Dept. to adequately service the proposed development within
desired response times until construction of another fire station occurs;
c. In favor of the mix of lot sizes proposed;
d. Concern pertaining to adequacy of parking for the swimming pool
4. Commission change(s) to Staff recommendation:
a. Modification to conditions #A.1b and #A.1c in Section VIII in regard to the timing for
construction of N. McCrosson Ave. and the pedestrian walkways along the entire
frontage of the site along McCrosson Ave. and McMillan Rd. from the first phase of
development to the earlier part of the second phase or at the time of substantial
completion of the high school consistent with the WASD’s construction timeline for the
high school with submittal of a letter of intent to that effect from WASD.
b. The Commission was supportive of the Applicant’s request for Council approval of a
waiver to hook up to City water and sewer services for the home(s) located within the
future SH-16 right-of-way.
c. Add a micro-path connection through Block 4 in the southern portion of the
development for a more direct pedestrian connection to the school site to the south
(reflected on the revised plans);
d. Add a requirement for the provision of a minimum of 6 parking spaces at the swimming
pool area (see condition #A.1l in Section VIII);
e. Recommendation for the Applicant to work with the Park’s Dept. to determine multi-use
pathway requirements consistent with the Pathways Master Plan, specifically along the
creek; (The Park’s Dept. amended their conditions to not require a pathway along the
north side of the creek east of Glassford Way to McDermott Rd – deleted condition
#A.3g in Section VIII.)
f. Allowance for the sidewalk along N. McDermott Rd. to be constructed with the last
phase of development (see condition #A.2i in Section VIII);
g. Modify the sound attenuation wall along the east boundary adjacent to future SH-16 to
reflect a 12-foot tall berm (see condition #A.3j).
5. Outstanding issue(s) for City Council:
a. The plan for McMillan Rd.crossing SH-16 may shift from an overpass to SH-16 going
over McMillan Rd. This scenario would likely result in a lesser amount of right-of-way
needed along McMillan Rd. which might enable the out-parcel to possibly redevelop in
the future with buildable lots. In this scenario an access to a local street should be
provided with this development to that parcel as set forth in UDC 11-3A-3; this could
be accomplished by the provision of a common driveway through Lot 36, Block 9.
C. The Meridian City Council heard these items on May 28, 2019. At the public hearing, the Council
moved to approve the subject AZ and PP requests.
1. Summary of the City Council public hearing:
a. In favor: Bob Taunton, Taunton Group; Sonia Daleiden, Kittleson and Associates;
Kevin Amar, Biltmore Company
b. In opposition: None
c. Commenting: Joe Yochum, West Ada School District; Denise LaFever
d. Written testimony: Bob Taunton, Taunton Group
e. Staff presenting application: Sonya Allen
f. Other Staff commenting on application: Joe Bongiorno
2. Key issue(s) of public testimony:
a. Appreciation of the joint effort with the school district for the extension of the mid-mile
collector street for the high school.
3. Key issue(s) of discussion by City Council:
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a. The provision of a sidewalk along the entire frontage of the site on McMillan Rd. and
McCrosson Ave. with the first phase of development;
b. The height of the berm and/or berm/wall combination for noise abatement along the
future SH-16;
c. Potential enrollment impacts on area schools from the proposed development.
4. City Council change(s) to Commission recommendation:
a. Change condition #A.1c in Section VIII to reflect construction ofhte sidewalk along
McMillan Rd. and McCrosson Ave. with the first phase of development as agreed upon
by the Applicant;
b. City Council approved a waiver to MCC 9-4-1 and 9-4-8 to not require the existing
home on Parcel #S0432110100 to hook up to City water and sewer services (see
condition #A.1g in Section VIII).
c. Modify condition #A.1h to remove the existing home on Parcel #S0432110500 from the
requirement/waiver to hook up to City water and sewer services;
d. Modify conditions #A.1i and #A.3j to require a 6-foot tall berm with a 6-foot tall wall
on top of the berm for noise abatement along the east boundary of the subidivisons
adjacent to future SH-16;
e. Modification to #A.2h change the street name from W. Mill Creek Dr. to W. Plateau
Creek St. and note that City Council approved a waiver to UDC 11-6C-3F to exceed the
maximum block length in the areas noted;
f. Modify condition #A.3b to reflect a 12-foot tall berm/wall instead of a 6-foot tall
berm/wall; and,
g. Include a requirement for local street access to be provided to the out-parcel along
McMillan Rd. in Gander Creek North in accord with UDC 11-3A-3 (see condition
#A.2k in Section VIII).
The Applicant requested clarification from City Council at the hearing on June 11, 2019
in regard to DA provisions #A.1c pertaining to the timing of construction of the
pedestrian walkways along the frontage of the site along McCrosson Ave. and
McMillan Rd; and #A.3b pertaining to where the height of the berm/wall along future
SH-16 will be measured from. In regard to provision #A.1c the Council clarified the
timing for construction of the walkways should take place with the earlier part of the 2nd
phase of development or at the time of substantial completion of the high school,
consistent with WASD’s construction timeline for the high school; and in regard to
provision #A.3b, Council determined the provision should stay the same with the
allowance for the Applicant to request Alternative Compliance as allowed by UDC 11-
3H-4D.4 if needed.
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VII. EXHIBITS
A. Annexation & Zoning Legal Description and Exhibit Map
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B. Preliminary Plats (date: 2/12/2019 05/13/2019) & Phasing Plan (dated: 5/21/2019) REVISED
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C. Landscape Plan (date: 2/14/2019 5/10/2019) REVISED
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D. Lot Size Rendering (dated: 2/14/19) - REVISED
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E. Qualified Open Space Exhibit (dated: 2/12/19 5/13/19) REVISED
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F. Parks and Pathways - REVISED
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G. Conceptual Building Elevations/Perspectives (dated: 1/10/19)
Tresidio:
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Biltmore Elevations:
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VIII. CITY/AGENCY COMMENTS & CONDITIONS
Prior to the City Council hearing, the Applicant shall revise the preliminary plat (and associated plans and
documents) to break the plat into two (2) separate preliminary plats north and south of the Five Mile Creek,
obtain approval of new subdivision names from the Ada County Surveyor’s office, and submit additional
application fees ($2,264). Done
A revised qualified open space exhibit shall also be submitted prior to the City Council hearing that
complies with the standards listed in UDC 11-3G-3B.
A. PLANNING DIVISION
1. A Development Agreement (DA) is required as a provision of annexation of this property. Prior to
approval of the annexation ordinance, 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 the annexation. The DA
shall, at minimum, incorporate the following provisions:
a. Future development of this site shall be generally consistent with the preliminary plats and phasing
plan, landscape plans and conceptual building elevations included in Section VII and the provisions
contained in the staff report. The two (2) preliminary plats shall be allowed to develop as one project in
accord with the phasing plan for the overall development.
b. The Developer shall construct a mid-mile collector street (N. McCrosson Ave.) from W. McMillan Rd.
to the north boundary of the school property to the south (approximately 1,970’+/-) with the first
earlier part of the second phase of development or at the time of substantial completion of the high
school, consistent with the West Ada School District’s construction timeline for the high school. The
Developer shall submit a letter of intent from the school district outlining their timeline for
construction of the high school with submittal of the first final plat application.
c. The Developer shall construct pedestrian walkways along the entire frontage of the site adjacent to N.
McCrosson Ave. and W. McMillan Rd. with the first earlier part of the second phase of development
or at the time of substantial completion of the high school, consistent with West Ada School District’s
construction timeline for the high school, for safe access to the school site to the south for children
walking to school.
d. The Developer shall continue to coordinate with the Idaho Transportation Department as development
occurs to ensure adequate area is provided for the future construction of SH-16, the overpass on
McMillan Rd. over future SH-16, and other associated improvements.
e. A 10-foot wide multi-use pathway shall be constructed on this site as required by the Park’s
Department in accord with the Pathways Master Plan with landscaping along either side of the
pathway as set forth in UDC 11-3B-12C.
f. The Five Mile creek, which lies on land owned by Nampa & Meridian Irrigation District between the
north and south portions of this development, shall be protected during construction.
g. City Council approved a waiver to MCC 9-4-1 and 9-4-8 to not require Tthe existing homes located
within the future right-of-way area for SH-16 along the east boundary of the site on Parcel No.
S0432110100 and S0432110500 shall to hook up to city water and sewer service within sixty (60) days
after date of official notice from the City to do so; provided, that such services are within three
hundred feet (300’) of any property line of the building to be served as set forth in MCC 9-1-4 and 9-4-
8 unless otherwise waived by City Council. At such time, as municipal services are provided, the
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property shall be disconnected from private systems. The Applicant is requesting a waiver of this
requirement as ITD right-of-way acquisition is about to commence.
h. The existing homes located within the future right-of-way area for SH-16 along the east boundary of
the site on Parcel No. S0432110100 and S0432110500 shall not be expanded or enlarged.
i. The Developer shall provide noise abatement along the east boundary of the site adjacent to future SH-
16 in the form of a 6-foot tall berm with a 6-foot tall wall on top of the berm as required by City
Council at the hearing on May 28, 2019 in accord with set forth in UDC 11-3H-4D for residential uses
adjoining state highways.
j. The rear and/or sides of structures that face W. McMillan Rd., an arterial street; N. McDermott
Rd./future SH-16, an arterial street/future state highway and entryway corridor; and N. McCrosson
Ave., a collector street, shall incorporate articulation through changes in two or more of the following:
modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies,
material types, or other integrated architectural elements to break up monotonous wall planes and roof
lines that are visible from the subject public street. Single-story structures are exempt from this
requirement.
k. The Developer shall coordinate with the Meridian Fire Department on a combination donation and
purchase transaction for Lot 2, Block 7 for the development of a future fire station and equipment
service facility. The transfer to the Fire Department shall take place with recordation of the final plat
phase that includes Lot 2, Block 7. A conditional use permit is required for a fire station (i.e.
public/quasi-public use) in the R-8 zoning district per UDC Table 11-2A-2; compliance with the
associated specific use standards listed in UDC 11-4-3-30, Public or Quasi-Public Use is required.
l. The parking lot for the swimming pool shall contain a minimum of six (6) parking spaces.
2. The preliminary plats for Gander Creek North (N) and Gander Creek South (S) included in Section VII.B,
shall be revised as follows (as applicable):
a. Include a note stating direct lot access via N. McCrosson Ave., W. McMillan Rd., N. McDermott
Rd./future SH-16 is prohibited, except for Lot 2, Block 7 which is planned for a fire station and shall
have direct access via N. McCrosson Ave.
b. On the 57-foot wide typical street section detail on Sheet PP-2, depict root barriers for the 6-foot wide
parkways that are a minimum of 18 inches below subgrade adjacent to the sidewalk and a 24 inches
below subgrade adjacent to the curb extending 2 inches above grade.
c. Depict a typical street section detail for the 20-foot wide alleys. Done
d. Depict contours for all storm drainage facilities that demonstrate compliance with UDC 11-3B-11C
[i.e. slopes are required to be less than or equal to three to one (3:1) (horizontal:vertical) for
accessibility and maintenance].
e. Depict irrigation easements for the Five Mile Creek, McFadden Drain (shown on City maps as the Five
Mile Creek), and any and all other facilities that encroach on this site. If the easement is wider than 10
feet it shall be included in a common lot that is a minimum of 20 feet wide and outside of a fenced
area, unless otherwise modified by City Council as set forth in UDC 11-3A-6.
f. N. Arroyo Creek Ave. and N. Carmel Creek Ave. shall be alleys instead of 28’ public streets and shall
comply with the standards listed in UDC 11-6C-3B.5. Done
g. Lots 15 and 16 and 17, Block 4 (S); and Lots 38 and 40, Block 2 (S) should be revised to reflect a
minimum 30-foot wide street frontage; and Lot 12, Block 6 (S) should be a minimum of 40-feet wide
measured as a chord measurement.
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h. The face of Block 2 that fronts on W. Mill Creek Dr.W. Plateau Creek St., east of N. Glassford Way,
abutting the south side of the Five Mile Creek (790’+/-); and, the face of Blocks 2 and 7 that fronts on
W. Redwood Creek Dr. that abut the north side of the McFadden Drain/Five Mile Creek along the
project’s south boundary (800’+/- and 763’+/-, respectively) exceed the maximum block length of 750’
without an intersecting street or alley per UDC 11-6C-3F; revise accordingly unless otherwise
approved by City Council City Council approved a waiver to this standard for the aforementioned
block faces as requested. The UDC allows for City Council to approve block faces up to 1,200’ in
length where block design is constrained by site conditions that include an abutting arterial street or
highway, and a large waterway and/or a large irrigation facility, which is the situation in all three of
these cases. Staff recommends Council approve the block faces as proposed.
i. A 5-foot wide detached sidewalk is required along N. McDermott Rd. in accord with UDC 11-3A-17
to be constructed with the last phase of development.
j. Depict a minimum 20-foot wide street buffer on Lot 2, Block 7 along N. McCrosson Avenue in a
common lot in accord with UDC 11-3B-7C.2a;
k. Depict local street access to the out-parcel (Parcel #S0432110050) on W. McMillan Rd. as set forth in
UDC 11-3A-3.
3. The landscape plan included in Section VII.C shall be revised as follows:
a. The “Ninemile” creek and associated easement should be named “Five Mile” creek (Gander Creek
South).
b. A detail shall be included for Phases 5, 6 and 9 (i.e. the phases containing the lots that abut McDermott
Rd./future SH-16) that depicts the centerline (or estimated centerline) of the future SH-16 in relation to
the top of the berm/wall verifying it’s a minimum of 1012 feet higher than the elevation at the
centerline of the state highway as required by UDC 11-3H-4D.2. The Director may approve
alternative compliance as set forth in UDC 11-5B-5 where the Applicant has a substitute noise
abatement proposal in accord with ITD standards and prepared by a qualified sound engineer as set
forth in UDC 11-3H-4D.4.
c. Minimum 5-foot wide landscape strips are required to be provided along each side of the multi-use
pathway in Gander Creek North landscaped as set forth in UDC 11-3B-12C; if NMID will not allow
landscaping on their property, a common lot should be provided on the subject property to
accommodate the pathway and/or associated landscaping as necessary.
d. Class II trees shall be planted within 6-foot wide parkways along with shrubs, lawn or other vegetative
groundcover in accord with UDC 11-3B-7C.
e. Depict fencing (chain-link or wrought iron) on the south side of the multi-use pathway along the Five
Mile Creek in Gander Creek North for public safety that complies with the standards listed in UDC 11-
3A-6C.
f. The 6-foot tall closed vision fence along the east boundary of the subdivision adjacent to N.
McDermott Rd./future SH-16 shall be removed and either a use easement recorded across the back
side of the berm along McDermott/SH-16 benefitting adjacent building lots with allowance for side
yard fences to be constructed to the wall on top of the berm; or, an open vision, 4-foot tall closed
vision, or 4-foot tall closed vision with 2 foot open vision fencing on top could be constructed for
visibility of the common area between the fence and wall on top of the berm.
g. Extend the multi-use pathway along the north side of the Five Mile Creek from N. Glassford Way to
the east boundary of the site consistent with the Pathways Master Plan. The Park’s Dept. amended this
condition.
h. Depict a 5-foot wide detached sidewalk along N. McDermott Rd. in accord with UDC 11-3A-17.
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i. Depict a minimum 20-foot wide street buffer on Lot 2, Block 7 along N. McCrosson Avenue in a
common lot in accord with UDC 11-3B-7C.2a, landscaped per the standards listed in UDC 11-3B-7C.
j. Modify the detail for the berm along the east boundary of the site adjacent to future SH-16 to reflect a
126-foot tall berm with a 6-foot tall wall on top of the berm.
4. The existing ingress/egress easement (Inst. #98106235) for W. Lazy Diamond C Lane and an Idaho Power
easement (Inst. #8958920) noted on the Gander Creek South plat and any other easements that are no
longer needed shall be relinquished and/or vacated, as applicable, prior to signature on the final plat by the
City Engineer on the phase in which they are located. The Applicant shall submit copies of the easement
relinquishment(s) and/or proof of vacation of the easement(s) with the final plat application as applicable.
5. All stormwater detention facilities counted toward qualified open space are required to be designed in
accord with the standards listed in UDC 11-3B-11C.
6. A floodplain development permit is required to be obtained from the Public Work’s Department prior to
any and all development within the floodplain.
7. All existing structures are required to be removed prior to City Engineer signature on the final plat for the
phase of development in which they are located.
8. Submit a detail of the children’s play equipment and picnic shelters with the final plat application.
9. Install signage at each end of the alleys (currently depicted as N. Arroyo Creek Ave. and N. Carmel Creek
Ave.) for addressing purposes for lots that front on mews.
10. A 14-foot wide public pedestrian easement is required to be submitted to the Planning Division for the
multi-use pathway in Gander Creek North; coordinate the details of the easement with Kim Warren, Park’s
Department.
B. PUBLIC WORKS
1. Site Specific Conditions of Approval
1.1 A street light plan will need to be included in the final plat application. Street light plan requirements
are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at
http://www.meridiancity.org/public_works.aspx?id=272
1.2 The water system as proposed does not connect to the City's distribution system. A water main
connection will not be made to the east on McMillan Road, east of N. Glassford Avenue, due to the
planned SH-16 grade separation. A 12-inch water main connection will need to be made parallel with
the sanitary sewer mainline, to the proposed 12-inch water main to be constructed by the Owyhee High
School project in McDermott Rd. An 8-inch water main connection will need to be made to the south
on the proposed Glassford Way to the proposed 12-inch main to be constructed by the Owyhee High
School project. 12-inch water main needs to be constructed along the entire west boundary on
McCrosson Ave across Five Mile Creek and connecting to the proposed water main to the south to be
built be Owyhee High School Project. An 8 inch flush line needs to be constructed at the crossing of
Five Mile Creek at McCrosson Ave. Phasing as proposed will require significant off-site
improvements to connect water. Each phase must be modeled at final plat to ensure adequate fire
flow. Water must be supplied from at least two mains for all phases of the development.
1.3 The west property boundary is also the sanitary sewer trunkshed boundary, therefore this development
does not need to stub sewer to the west. Remove sewer main stub in W Quintal Street. The following
sewer manholes have less than 3' of cover: SSMH A16 and F5-7. The southern portion of subdivision
has multiple sewer design flaws. Sewer mains in Mill Creek Drive, Brandy Creek Ave, Buffalo Creek
Drive and Battle Creek Avenue all dead end and do not connect east to the mainline in McDermott
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Road. Sewer in N Magical Creek Way dead ends and does not connect to the rest of the system as
well. There are no sewer mains to service Block 2, lots 3-5 and Block 4, lots 2-3.
1.4 This development is subject to paying reimbursement fees for The Oaks Lift Station and Pressure
Sewer Reimbursement Agreement, and the West Ada School District Reimbursement Agreement for
Oaks Lift Station Pump Upgrades (currently under development) pursuant to meridian city code
section 8-6-5
1.5 The March 7, 2019 Geo-Tech Report, prepared by SITE Consulting, LLC, submitted with this
application highlights several site conditions (including but not limited to soil types, ground water, and
construction methods) that will make development of this property and construction of homes
somewhat challenging. The developer shall bear the responsibility of ensuring that all the
requirements, including compaction of backfill material, foundation drains around homes, and on-site
infiltration pits are conveyed to the home builders, and that they are closely adhered to.
2. General Conditions of Approval
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 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 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.
2.3 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.
2.4 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.
2.5 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.
2.6 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 addressed 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.
2.7 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-
Meridian City Council Meeting Agenda June 18, 2019 – Page 124 of 186
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5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such
as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B.
Whitney at (208)334-2190.
2.8 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections
(208)375-5211.
2.9 Street signs are to be in place, 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.
2.10 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.
2.11 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 UDC 11-5C-
3B.
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.
2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the
Americans with Disabilities Act and the Fair Housing Act.
2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that
may be required by the Army Corps of Engineers.
2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads
receiving engineered backfill, where footing would sit atop fill material.
2.18 The 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.
2.19 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.
2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the
City of Meridian AutoCAD standards. These record drawings must be received and approved prior to
the issuance of a certification of occupancy for any structures within the project.
2.21 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.
2.22 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.
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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.
2.23 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 887-2211.
C. FIRE DEPARTMENT
http://weblink.meridiancity.org/weblink8/0/doc/164180/Page1.aspx
D. POLICE DEPARTMENT
http://weblink.meridiancity.org/weblink8/0/doc/163880/Page1.aspx
E. PARK’S DEPARTMENT
http://weblink.meridiancity.org/WebLink8/DocView.aspx?dbid=0&id=164267&page=1&
http://weblink.meridiancity.org/weblink8/0/doc/167815/Page1.aspx
F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO (COMPASS)
http://weblink.meridiancity.org/weblink8/0/doc/163825/Page1.aspx
G. SETTLER’S IRRIGATION DISTRICT
Plans must be submitted to Settler’s Irrigation District for comment and review prior to construction.
H. NAMPA & MERIDIAN IRRIGATION DISTRICT (NMID)
http://weblink.meridiancity.org/weblink8/0/doc/162580/Page1.aspx
I. CENTRAL DISTRICT HEALTH DEPARTMENT (CDHD)
http://weblink.meridiancity.org/weblink8/0/doc/161961/Page1.aspx
J. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ)
http://weblink.meridiancity.org/weblink8/0/doc/162390/Page1.aspx
K. ADA COUNTY HIGHWAY DISTRICT (ACHD)
http://weblink.meridiancity.org/weblink8/0/doc/168244/Page1.aspx
L. IDAHO TRANSPORTATION DEPARTMENT (ITD)
http://weblink.meridiancity.org/weblink8/0/doc/164142/Page1.aspx
IX. FINDINGS
A. Annexation and/or Rezone (UDC 11-5B-3E)
Required Findings: Upon recommendation from the commission, the council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the
council shall make the following findings:
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1. The map amendment complies with the applicable provisions of the comprehensive plan;
The City Council finds the proposal to annex and develop the subject 117.10 acre property with R-8 zoning
is consistent with the associated FLUM designation of MDR for this property. (See section V above for more
information.)
2. The map amendment complies with the regulations outlined for the proposed district, specifically the
purpose statement;
The City Council finds the proposed map amendment and development complies with the purpose
statement of the residential district in that it will provide for a range of housing opportunities consistent
with the Comprehensive Plan.
3. The map amendment shall not be materially detrimental to the public health, safety, and welfare;
The City Council finds the proposed map amendment should not be detrimental to the public health, safety
and welfare as the proposed residential uses should be compatible with adjacent existing and future
residential and school uses in the area.
4. 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 City Council finds City services are available to be provided to this development.
5. The annexation (as applicable) is in the best interest of city.
The City Council finds the proposed annexation is in the best interest of the City.
B. Preliminary Plat (UDC 11-6B-6)
In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision making
body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005)
1. The plat is in conformance with the comprehensive plan and is consistent with this unified development
code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008)
The City Council finds the proposed plats are generally in conformance with the UDC if the Applicant
complies with the conditions of approval in Section VIII.
2. Public services are available or can be made available ad are adequate to accommodate the proposed
development;
The City Council finds public services can be made available to the subject property and will be adequate
to accommodate the proposed development.
3. The plat is in conformance with scheduled public improvements in accord with the city's capital
improvement program;
The City Council finds the proposed plats are in substantial conformance with scheduled public
improvements in accord with the City’s CIP.
4. There is public financial capability of supporting services for the proposed development;
The City Council finds there is public financial capability of supporting services for the proposed
development.
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5. The development will not be detrimental to the public health, safety or general welfare; and
The City Council finds the proposed development will not be detrimental to the public health, safety or
general welfare.
6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30-2005, eff.
9-15-2005)
The City Council is unaware of any significant natural, scenic or historic features that need to be
preserved with this development.
Meridian City Council Meeting Agenda June 18, 2019 – Page 128 of 186