HomeMy WebLinkAboutParamount Commercial Southwest PP-07-011 MI-07-007CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
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In the matter of the request for Preliminary Plat approval of 18 commercial building lots
on 18.5 acres in a C-G zone and Development Agreement modification to remove the
conditional use permit requirement and require design review approval instead for all
commercial development in the C-G & L-O zones
Case No(s). PP-07-011 & MI-07-007
For the City Council Hearing Dates of: August 14, September 4, & September 11, 2007
(Findings on the September 25, 2007 City Council agenda)
A. Findings of Fact
Hearing Facts (see attached Staff Report for the hearing date of September 11, 2007,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of September 11, 2007,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
September 11, 2007, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of September 11, 2007, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-SA.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-07-O1 l & MI-07-.007
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description, Preliminary Plat, and the
Conditions of Approval all in the attached Staff Report for the hearing date of September
11, 2007, incorporated by reference. The conditions are concluded to be reasonable and
the applicant shall meet such requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
The Applicant's Preliminary Plat as evidenced by having submitted the Preliminary
Plat stamped and dated by Darin Holzhey on September 5, 2007, is hereby
conditionally approved;
2. The Applicant's request for a modification to the Development Agreement is hereby
conditionally approved; and
3. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of September 11, 2007, incorporated by reference.
D. Notice of Applicable Time Limits
Notice of Twelve (12) Month 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 record a final plat
within two (2) years of the approval of the preliminary plat or one (1) year of the
combined preliminary and final plat or short plat. In the event that the development of
the preliminary plat is made in successive phases in an orderly and reasonable manner,
and conforms substantially to the approved preliminary plat, such segments, if
submitted within successive intervals of eighteen (18) months, maybe considered for
final approval without resubmission for preliminary plat approval. Upon written request
and filed by the applicant prior to the termination of the period in accord with 11-6B-
7.A, the Director may authorize a single extension of time to record the final plat not to
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-07-O11 & MI-07-007
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exceed eighteen (18) months. Additional tune extensions up to eighteen (18) months as
determined and approved by the City Council maybe granted. With all extensions, the
Director or City Council may require the preliminary plat, combined preliminary and
final plat or short plat to comply with the current provisions of Meridian City Code
Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again.
E. Notice of Final Action and Right to Regulatory Takings Analysis
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review maybe filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which maybe adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Attached: Staff Report for the hearing date of September 11, 2007.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-07-011 & MI-07-007
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B action of the City Council at its regular meeting held on the 2S~'% da of
Y
2007.
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
Attest:
G. Berg, Jr., City
Copy served upon Applicant,
Attorney.
VOTED O~o~~~
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The Pl~arif4ti ~e ~`nt, Public Works Department and City
B Dated: q-2(~.Q-]
City Clerk
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-07-O11 & MI-07-007
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 1 I, 2007
STAFF REPORT Hearing Date: September 11, 2007
TO: Mayor & City Council
FROM: Sonya Watters, Associate City Planner
(208) 884-5533
SUBJECT: Paramount Commercial Southwest
• PP-07-011
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Preliminary Plat for 18 commercial building lots on 18.5 acres in a C-G zone
• MI-07-007
Development Agreement modification to remove the conditional use permit
requirement and require design review approval instead for all commercial
development in the C-G and L-O zones
Update: The City Council originally heard this item on August 14`". At that meeting, the Council
requested that the Applicant submit a revised preliminary plat that shows street connections that match
the concept plan. The Council's general concerns were that the concept plan, the plat, and ACHD's
requirements did not coincide. The Applicant has submitted a revised preliminary plat prepared by
Mason & Stanfield, stamped and dated on August 31, 2007 by Darin Holzey.
Staff has reviewed the revised plat, which now depicts a public street extending into the site from the
stub street at the east property boundary from Paramount South 60 Subdivision and connecting with
Linder Road in alignment with W. Deer Crest Street at the west boundary, as requested by the
Planning Department. Further, the northernmost right turn only access, originally proposed between
the two full-access points on Linder Road, has been removed, per the Planning Department and
ACHD's request (the Planning Commission modified condition 1.2.3 to allow this right-in/right-out on
Linder-this condition should be modified to reflect the current access points shown on the revised
plat). The revised preliminary plat shows anorth/south driveway located near the east property line.
The Applicant should revise the plat to depict the north/south driveway to connect to W. Deer Crest
Street as a private street Staff believes that this access should be a private street for addressing
purposes of the internal lots. This private street should be shown on the plat as either a perpetual
ingress/egress easement or a single platted lot that provides access to all applicable properties
(condition 1.2.9 in Exhibit B of this staff report should be modified as follows: "The Applicant shall
extend the stub street at the east boundary from Paramount South 60 Subdivision, as a public street
to align with ei~ke>~ Deer Crest ~ "~^°-- ~'r~~~- r._ * at the west property boundary. "i'~L tl[her
A north-south private street shall be constructed as a
private streets in accordance with the standards listed in UDC 11-3F-4 and shall connect to
McMillan Road from W. Deer Creek Street. Submit a private street application for review and
approval prior to or concurrent with final plat submittal. (The other drivewavs in this development
may be constructed as drivewavs and are not required to be constructed as public or private streets )"
Except for the analysis above and including the revised preliminary plat to Exhibit A, this staff report
has not been modified from the previous hearing.
SUMMARY DESCRIPTION OF APPLICANT'S REQiJEST
The applicant, Usticlc Marketplace, LLC, has applied for Preliminary Plat (PP) approval of 18
commercial building lots on 18.5 acres in a C-G zone for Paramount Commercial Southwest.
Concurrently, the applicant is requesting approval to amend the Development Agreement to remove
the conditional use pernut requirement and require design review approval instead for all commercial
Paramount Commercial Southwest PP-07-011 & MI-07-007 Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 11, 2007
development in the C-G zone. The site is located on the northeast corner of N. Linder Road and W.
McMillan Road, in the southwest '/o of Section 25, Township 4 North, Range 1 West. This property is
currently referenced as Assessor's Parcel Numbers 50425336087 & 504253360409. This property is
within the City's Urban Service Planning Area and is currently within the corporate boundaries of the
City.
2. SUMMARY RECOMMENDATION
The subject applications (PP-07-011 & MI-07-007) were submitted to the Planning Department for
concurrent review.:Staff has provided a detailed analysis and recommended conditions of approval
for the PP & MI applications. Staff is recommending that the PP & MI applications be approved
with the conditions listed in Exhibit B of the staff report. Note: The Commission is not required
to act on the Development Agreement modification request (MI--07-007).
The Meridian Plannin & Zoning Commission heard the PP request on July 5 2007 At the
public hearing they moved to recommend approval of the subject PP request.
a. Summary of Commission Public Hearing•
i. In favor: Michael Marcheschi & Jav Walker Brighton Corporation
(Applicants); Scott Stanfield Project Engineer
ii. In opposition: None
iii. Commenting: Brad Moulton• James Durst
iv. Written testimony: None
v. Staff presenting application• Sonya Watters
vi. Other staff commenting on application• Caleb Hood Scott Steckline
b. Kev Issue(s) of Discussion by Commission•
i. The inconsistency between the proposed preliminary plat and conceptual site
lap
ii. The. extension of the stub street as a ublic street from the east roe line to
the west property line•
iii. Proposed access points to Linder & McMillan/ACHD approval of access points
comments were not received from ACRD prior to the hearing)
c. Kev Commission Change(sl to Staff Recommendation•
>I. Allow northern right-in/right-out access point proposed on Linder Road
d. Outstanding Issue(s) for C~tv Council•
i. ACRD did not approve the northern right-in/right-out access point proposed on
Linder Road (ACRD comments are now included in the staff report)
~tV Council hParrl theca :fnmo .. A. ..a , e o__~___.
lic bearin on nt tuber 11.2007 hey annrov d c~ hied PP and n;I
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ii.
Paramount Commercial Southwest PP-07-O1 1 & MI-07-007 Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 11, 2007
f eV O ~nril C hanvee to C+~ ff/!".,. .,..,;~ ..;,.., n,.,...W~__~_`__
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11. ~ Con cept Plan "A ?' is
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3. PROPOSED MOTIONS
Approval
After considering all staff, applicant and public testimony, I move to approve File Number PP-07-011
as presented in the staff report for the hearing date of August 14, 2007, with the following
modifications to the conditions of approval: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number PP-07-011 as
presented during the hearing on August 14, 2007, for the following reasons: (State specific reasons
for denial of the preliminary plat request.)
Continuance
After considering all staff, applicant and public testimony, I move to continue File Number PP-07-
O11 to the hearing date of (insert continued hearing date here) for the following reason(s): (State
specific reason(s) for a continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
Northeast corner of N. Linder Road & W. McMillan Road
SW '/ of Section 25, Township 4 North, Range 1 West
Tax Parcel: SO425336087 & 50425336040
b. Applicant:
Ustick Marketplace, LLC
12601 W. Explorer Drive, Ste. 200
Boise, ID 83713
c. Owners:
Same as Applicant; and
Jan Peterson
5120 N. Linder Road
Meridian, ID 83646
d. Representative: Michael Marcheschi, Brighton Corporation
e. Present Zoning: C-G (General Retail and Service Commercial District)
f. Present Comprehensive Plan Designation: Commercial
g. Description of Applicant's Request: The applicant is requesting preliminary plat approval for 18
commercial building lots on 18.5 acres of land in a C-G zone. Concurrently, the Applicant is
requesting a modification to the existing Development Agreement (DA) that required all future
commercial, townhouse, and multi-family uses to obtain CUP approval prior to development. The
Paramount Commercial Southwest PP-07-01 1 & MI-07-007 Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 11, 2007
Applicant proposes to amend the DA to remove the CUP requirement for all commercial
development in the C-G zone and replace it with a requirement for all commercial development
to be subject to Design Review by Planning staff instead. Another option for the modification
would be to allow for Design Review of proposed buildings if they were smaller than 50,000
square feet and anything over that size would require a CUP for site plan review only and not for
permitted uses. (See Applicant's narrative submitted with the application for more information.)
1. Preliminary Plat, labeled Sheet 1 of 1, prepared by Mason & Stanfield, Inc., dated 4/12/07
(attached in Exhibit A)
2. Landscape Plan, labeled Sheets L1.0, L1.1, & L1.2, prepared by The Land Group, dated
4/13/07 (attached in Exhibit A)
h. Applicant's Statement/Justification: The Design Review process would allow a more relevant and
efficient evaluation of each proposed commerciaUretaiUoffice building in the development. Under
the current CUP requirements, the Owner/Developer would be required to either, 1) know all the
potential users and designs of all buildings and layout in a development before applying for a
CUP (almost impossible in commercial development) or 2) apply for a CUP for each and every
building, one by one (very inefficient and demanding of City staff and officials). By approving a
modification to the DA that would allow Design Review approval instead of CUP approval, the
intended objective of both processes would be met but with greater effectiveness and savings in
time and resources for all parties involved. (See Applicant's narrative submitted with the
application for more information.)
5. PROCESS FACTS
a. The subject application will, in fact, constitute a preliminary plat as determined by City
Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is
required before the Commission and City Council on this matter.
b. The subject application will, in fact, constitute a development agreement modification.
Miscellaneous applications are not currently addressed in Title 11 of the Unified Development
Code. It has been determined by the City's Legal Department that a miscellaneous application to
amend a recorded development agreement will in fact require a public hearing before the City
Council.
c. Newspaper notifications published on: June 18, 2007 and July 2, 2007 (Commission); July 23.
2007 & August 6 2007 (Council)
d. Radius notices mailed to properties within 300 feet on: June 12, 2007 (Commission); July 19,
2007 (Council)
e. Applicant posted notice on site by: June 22, 2007 (Commission); August 5, 2007 (Council
6. LAND USE
a. Existing Land Use(s): There is currently a residential home and associated outbuildings on the
site.
b. Description of Character of Surrounding Area: There are existing single-farruly homes in Fulfer
Subdivision to the west, and rural residential properties to the north and east of this development.
A commercial development has been approved as part of Fulfer Subdivision across the street on
the northwest corner of Linder and McMillan. The rural residential property to the east will be
redeveloped with single-family residential homes at urban densities as part of Paramount South
60 Subdivision.
c. Adjacent Land Use and Zoning:
Paramount Commercial Southwest PP-07-01 1 & MI-07-007 Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 1 I, 2007
1. North: Rural residential property, zoned RUT (Ada County) and high school (under
construction), zoned R-8
2. East: Approved for single-family residences (Paramount South 60 Subdivision), zoned R-8
3. South: Rural residential property, zoned RUT (Ada County)
4. West: Single-family residential homes & future commercial uses, zoned C-G
d. History of Previous Actions:
• This property was annexed as part of Paramount Subdivision in 2004 (AZ-03-006). A
Development Agreement (Instrument No. 103137116) was also recorded at that time that
included the subject property.
• This property was included in the preliminary plat (PP-03-004) for Paramount Subdivision as
Lot 57, Block 3 that was approved in 2003.
• This property was included in the planned development (CUP-03-008) for Paramount
Subdivision that was approved in 2003. This property was designated on the conceptual site
plan for retal/office uses.
e. Existing Constraints and Opportunities:
1. Public Works
Location of sewer: This property will service to the existing sewer in Paramount South 60.
Location of water: Water for this project will be provided from N. Linder Road and W.
McMillan Road.
Issues or concerns: The applicant shall be responsible for water main installation from W.
McMillan Road to the intersection of N. Linder Road.
2. Vegetation: There are some existing trees around the home at the northwest corner of
property.
3. Floodplain: NA
4. Canals/Ditches/Irrigation: No major facilities are located on this site, however all ditches on
this property shall be tiled per City Code (see Exhibit B of the staff report).
5. Hazards: Planning Staff is unaware of any hazards that may exist on this site.
6. Proposed Zoning: NA
7. Size of Property: 18.5 +/- acres
f. Subdivision Plat Information:
1. Residential Lots: 0
2. Non-residential Lots: 18
3. Total Building Lots: 18
4. Common Lots: 0
5. Other Lots: 0
6. Total Lots: 18
7. Open Lots: 0
8. Residential Area: NA
Pazamount Commercial Southwest PP-07-011 & MI-07-007 Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 11, 2007
9. Gross Density: NA
10. Lot Sizes: Lots range in size from 27,800 square feet (0.63 acre) to 72,000+/- square feet
(1.65 acres)
g. Landscaping:
1. Width of street buffer(s): UDC 11-2B-3 requires a minimum 25-foot wide buffer along N.
Linder Road and a minimum 25-foot wide along W. McMillan Road. Landscaping shall be
provided in accordance with UDC 11-3B-7, Landscape Buffers along Streets.
2. Width of buffer(s) between land uses: A 25-foot wide buffer is required along the east and
north boundary of the subdivision adjacent to the existing and previously approved residential
uses.
3. Percentage of site as open space: NA
'4. Other landscaping standards: NA
h. Dimensional standards for the C-G zone per UDC 11-2B-3:
DIMENSIONAL STANDARDS* C-G
Front setback (in feet) p
Rear setback (in feet) 0
Interior side setback (in feet) 0
Street landsca e buffer (in feet)
Local 10
Collector 20
Arterial 25
Entryway corridor 35
Interstate 50
Landscape buffer to residential uses (in feet) * 25
Maximum building height (in feet) 65
Maximum building size without design standard approval as set forth
in 11-3A-19 (in square feet) 200,000
Parking requirements See Chapter 3 Article C
OFF-STREET PARKING
AND LOADING
REQUIREMENTS
Landscaping requirements See Chapter 3 Article B
LANDSCAPING
REQUIREMENTS
*All setbacks shall be measured from the ultimate right-of--way for the street classification as
shown on the adopted Transportation Plan.
**minimum setback only allowed with reuse of existing residential structure.
***Where the adjacent property is vacant, the Director shall determine the adjacent property
designation based on the Comprehensive Plan designation.
i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to this
development is proposed from six points; four points (two full accesses and two right-in/right-out
accesses) along N. Linder Road and from two points (one full access and one right-in/right-out)
along W. McMillan Road. The Applicant has provided a conceptual layout of potential interior
Paramount Commercial Southwest PP-07-01 I & MI-07-007 Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 11, 2007
roadways and areas designated for retail, commercial, office, and multi-family residential uses
(see Exhibit A). The conceptual site plan depicts a driveway connection to the stub street at the
east property boundary (Paramount South 60). The Applicant states in their narrative that it may
be possible to provide for a public roadway extending to N. Linder Road and aligning with either
W. Deer Crest Street or W. Apgar Street. An internal cross-access/cross-parking agreement
should be provided for all lots within the subdivision.
The Planning Department and ACRD are supportive of the proposed access points except for the
northern right-in/right-out access on Linder Road. Staff and ACRD are requesting that the
Applicant provide a minimum of one public street connection from the stub street at the
east property boundary, out to and aligning with either Deer Crest or Apgar Creek Street.
The other driveways shown on the conceptual site plan should be constructed as private
streets for addressing purposes. The aforementioned requests are included as conditions of
approval in Exhibit B of the staff report. Other than the access points approved with this
application by the City and ACRD, direct lot access to N. Linder Road and W. McMillan Road
should be prohibited.
7. COMMENTS MEETING
On June15, 2007, Planning Staff held an agency comments meeting. The agencies and departments
present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department,
Meridian Public Works Department, and the Sanitary Services Company. Staff has included all
comments and recommended actions as Conditions of Approval in the attached Exhibit B.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Commercial" on the Comprehensive Plan Future Land Use Map. In
Chapter VII of the Comprehensive Plan, "Commercial" areas are anticipated to provide a full range of
commercial and retail to serve area residents and visitors.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed development (staff analysis in italics):
Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have
planned for the provision of all public services.
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian plans to provide municipal services to the lands in the
following manner.•
- Sanitary sewer and water service will be extended to the project at the developer's
expense.
- The subject lands currently lie within the jurisdiction of the Meridian City Fire
Department, who currently shares resources and personnel with the Meridian Rural Fire
Department.
- The subject lands currently lie within the jurisdiction of the Meridian Police Department
(MPD).
- The roadways adjacent to the subject lands are currently owned and maintained by the
Ada County Highway District (ACHD). This service will not change.
- The subject lands are currently serviced by the Meridian School District No. 2. This
service will not change.
- The subject lands are currently serviced by the Meridian Library District. This service
will not change.
Paramount Commercial Southwest PP-07-011 & MI-07-007 Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIIVG DATE OF SEPTEMBER 11, 2007
Municipal, fee-supported, services will be provided by the Meridian Building Department,
the Meridian Public Works Department, the Meridian Water Department, the Meridian
Wastewater Department, the Meridian Planning Department, Meridian Utility Billing
Services, and Sanitary Services Company.
• "Require appropriate landscape and buffers along transportation corridors (setback,
vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action 4)
The applicant is required to install and maintain landscaping within the street buffers located
along N. Linder Road and W. McMillan Road in accordance with UDC 11-3B-7. A 25 foot
wide buffer is required along N. Linder Road and W. McMillan Road.
• "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter
VII, Goal 1, Objective B)
Staff believes that the future commercial, retail, and multi family uses on this site will
contribute to the variety of uses in this area.
• "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal
III, Objective D, Action 5)
The applicant is not required to install internal landscaping with the subject preliminary plat
.application; however, street buffer landscaping is required with this application. Internal
landscaping will be required upon development of each lot within the subdivision with CUP
& CZC approval.
Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this
application:
• "The capacity of arterial ...roadways can be greatly diminished by excessive driveway
connections. to the roadways. The City should cooperate with ACRD to minimize access
points on arterial...roadways as development applications are reviewed." (Chapter VI, page
72)
The applicant is proposing six access points into this 18 acre site. The conceptual site plan
shows two full access points and two right-in/right-out accesses to Linder Road and one
right-in/right out access and one full access to McMillan Road; Staff is requesting that the
northern right-in/right-out proposed to Linder Road be eliminated to minimize access points
to the adjacent arterial roadway.
• "Develop methods; such as cross-access agreements, frontage roads, to reduce the number of
existing access points on to arterial streets." (Chapter VI, Goal II, Obj. A, #12, page 79).
Because not all lots have frontage on a public street, Staff is requesting that cross-access be
provided to all lots within this subdivision.
• "Restrict curb cuts and access points on ...arterial streets." (Chapter VII, Goal IV, Obj. D,
#5, page 107)
Curb cuts to Linder Road and McMillan Road, both arterial roadways, should be restricted
to those access points noted above and in the conditions of approval in Exhibit B of this
report.
9. UNIFIED DEVELOPMENT CODE
a. Zoning Schedule of Use Control: UDC Table 11-2B-2 lists a variety of uses that are principal
permitted, accessory, conditional, or prohibited within the C-G zoning district. Retail sales are a
principal permitted use; offices are a principal permitted use; and multi-farruly developments are
Paramount Commercial Southwest PP-07-011 & MI-07-007 Page g
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 11, 2007
a conditional use in the C-G zone. Multi-family developments are subject to the Specific Use
Standards listed in UDC 11-4-3-27.
b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail
and service needs of the community in accord with the Meridian Comprehensive Plan. Four
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. C-G General Retail And Service Commercial
District: The purpose of the C-G district is to provide for commercial uses which are customarily
operated entirely or almost entirely within a building; to provide for a review of the impact of
proposed commercial uses which are auto and service oriented and are located in close proximity
to major highway or arterial streets; to fulfill the need of travel-related services as well as retail
sales for the transient and permanent motoring public. All such districts shall be connected to the
municipal water and sewer systems of the City, and shall not constitute strip commercial
development and encourage clustering of commercial development.
Structures subject to Design Standards: Structures that exceed the maximum building size of
200,000 square feet in the C-G zone are subject to the design standards listed in UDC 11-3A-19C.
Additionally, the applicant is requesting to amend the recorded Development Agreement for this
site to require design review approval, instead of CUP approval, for all commercial development
in the C-G zone at Paramount. If the Applicant's request is approved, the afore-mentioned design
standards will apply to all commercial development in Paramount, regardless of the size of the
building.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
PRELIMINARY PLAT ANALYSIS: Based on the policies and goals contained in the
Comprehensive Plan and the general compliance of the proposal with the Unified Development
Code, Staff believes that this is a good location for the proposed commercial subdivision. Please
see Exhibit D for detailed analysis of facts and findings for a preliminary plat.
Dimensional Requirements of the C-G zone per UDC Table 11-2B-3: There are no minimum
setbacks, lot size, or street frontage requirements for lots in the C-G zone. Proposed lot sizes
range from 27,800 square feet (0.63 acre) to 72,000+/- square feet (1.65 acres). The maximum
building height allowed in the C-G zone is 65 feet. The maximum building size allowed without
design standard approval is 200,000 square feet. Future buildings proposed on the subject lots
shall meet the minimum dimensional standards listed in UDC 11-2B-3 and #6h above.
Landscaping: The landscape plan submitted for this project, prepared by The Land Group,
labeled Sheets L1.0, L1.1, & L1.2, dated 4/13/07, is approved subject to the following
revisions/notes:
• Provide a minimum 25-foot wide landscape buffer along N. Linder Road & W. McMillan
Road as shown on the landscape plan in accordance with the standards listed in UDC 11-
3B-7, Landscape Buffers along Streets.
• Provide a minimum 25-foot wide landscape buffer along the north & east property
boundaries adjacent to residential uses as shown on the landscape plan in accordance
with the standards listed in UDC 11-3B-9, Landscape Buffers to Adjoining Uses.
• A written certificate of completion should be prepared by the landscape architect,
designer, or qualified nurseryman responsible for the landscape plan and submitted to the
Planning Department upon completion of the landscaping prior to Certificate of
Paramount Commercial Southwest PP-07-011 & MI-07-007 Page 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 11, 2007
Occupancy for the site. All standards of installation should apply as listed in UDC 11-3B-
14.
• Comply with the standards in UDC 11-3B-lOC for preservation of existing trees on site
as follows:
- Mitigation shall be required for all existing trees four-inch (4") caliper or greater that
are removed from the site with equal replacement of the total calipers lost on site up
to an amount of one hundred percent (100%) replacement. (Example: two (2) 10-inch
caliper trees removed may be mitigated with four (4) 5-inch caliper trees, five (5) fl-
inch caliper trees, or seven (7) 3-inch caliper trees.)
- No mitigation is required in the following: (i) existing prohibited trees within the
street buffer or parking lot; (ii) existing dead, dying, or hazard trees certified prior to
removal by the City of Meridian Parks Department arborist; (iii) trees that are
required to be removed by another governmental agency having jurisdiction over the
project.
- Required landscaping: Existing trees that are retained or relocated on site may count
toward the required landscaping. Mitigation trees are in addition to all other
landscaping required by this Article.
Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above,
with the final plat application(s).
Proposed Streets and/or Access: Access to this development is proposed from six points; four
points (two full accesses and two right-in/right-out accesses) along N. Linder Road and from two
points (one full access and one right-in/right-out) along W. McMillan Road. The Applicant has
provided a conceptual layout of potential interior roadways and zones designated for retail,
commercial, office, and multi-family residential uses (see Exhibit A). The conceptual site plan
depicts a driveway connection to the stub street at the east property boundary (Paramount South
60). The Applicant states in their narrative that it may be possible to provide for a public roadway
extending to N. Linder Road and aligning with either W. Deer Crest Street or W. Apgar Street.
An internal cross-access/cross-parking agreement should be provided for all lots within the
subdivision.
The Plaruung Department and ACRD are supportive of the proposed access points except for the
northern right-in/right-out access on Linder Road, which should be removed. Staff and ACHD are
requesting that the Applicant provide a minimum of one public street connection from the stub
street at the east property boundary in Paramount South 60 Subdivision and aligning with either
Deer Crest or Apgar Creek Street to the west. Further, the proposed driveways shown on the
conceptual site plan should be constructed as private streets for addressing purposes except for
the afore-mentioned public street. These requests are included as conditions of approval in
Exhibit B of the staff report. ACHD has submitted comments on this application and they are
included in Exhibit B of the staff report. Other than the access points approved with this
application by the City and ACHD, direct lot access to N. Linder Road and W. McMillan Road
should be prohibited.
Private Streets: The applicant is not proposing private streets within this development. However,
Staff is requesting that the proposed driveway on W. McMillan Road shown on the concept plan
be constructed and designed as a private street for addressing purposes. Additionally, the
driveway on N. Linder Road shown on the concept plan that is not constructed as a public street
should be designed and constructed as a private street. The Applicant should submit a Private
Street application to the Planning Department for staff level approval prior to submittal of
Paramount Commercial Southwest PP-07-01 1 & MI-07-007 Page 10
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 1 1, 2007
the final plat application (see condition of approval in Exhibit B).
Per UDC 11-3F-4, all private streets shall be designed and constructed to the following standards:
A. Design standards:
1. Easement: The private street shall be constructed on a perpetual ingress/egress
easement or a single platted lot that provides access to all applicable properties.
2. Connection point: Where the point of connection of the private street is to a public
street, the private street shall be approved by the Transportation Authority.
3. Emergency vehicle: The private street shall provide sufficient maneuvering area for
emergency vehicles as determined and approved by the Meridian Fire Department.
4. Gates: Gates or other obstacles shall not be allowed.
B. Construction standards:
1. For conversion of an existing facility to a private street at the direction of the Fire
Marshal:
a. All drive aisles shall be posted as fire lanes with no parking allowed.
b. If a curb exists next to the drive aisle, it shall be painted red.
2. For all other private streets:
a. Roadway and storm drainage: The private street shall be constructed in accord
with the roadway and storm drainage standards of the Transportation Authority
or as approved by the City of Meridian based on plans submitted by a certified
engineer.
b. Street width: The private street shall be constructed within the easement and shall
have a travel lane width of twenty-four (24) feet or twenty-six (26) feet as
determined by the Fire Marshal relative to the height and size of the proposed
structures that adjoin the private street.
c. Sidewalks: Afive-foot (5') attached sidewalk or four-foot (4') detached sidewalk
shall be provided on one side of the street in commercial districts. This
requirement may be waived if the applicant can demonstrate that an alternative
pedestrian path exists.
d. Fire lanes: ali drive aisles shall be posted as fire lanes with no parking allowed.
In addition, if a curb exists next to the drive aisle, it shall be painted red.
Elevations: The Applicant has included several examples of architectural details and existing
buildings in Paramount that may be used in this commercial development (see Exhibit A of the
staff report). The Applicant states in the narrative that earth-tone colors, timber, cultured stone,
and roof pitches are examples of some of the architectural elements that will be used and which
are consistent with the existing Paramount buildings and facilities. Further, the Applicant states
that strict architectural design guidelines and CC&R's will govern the development of each parcel
to ensure compatibility with the Paramount design theme. Staff has reviewed the details
submitted with this application and is supportive of the conceptual elevations submitted and
building materials listed as they are consistent with the existing Paramount development. Future,
future buildings within Paramount Commercial Southwest shall substantially comply with the
construction materials and design elements listed and shown in the elevations attached in Exhibit
A. If the subject DA amendment request is approved, all future commercial structures within
Paramount Commercial Southwest shall comply with the design standards listed in UDC 11-3A-
Paramount Commercial Southwest PP-07-O1 I & MI-07-007 Page 1 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 11, 2007
19C (Design Review).
Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be
supplied by a year-round source of water. The applicant should be required to utilize any existing
surface or well water for the primary source. If a surface or well source is not available, asingle-
point connection to the culinary water system shall be required. If a single-point connection is
utilized, the developer will be responsible for the payment of assessments for the common areas
prior to signature on the fmal plat by the City Engineer. An underground, pressurized irrigation
system should be installed to all. landscape areas per the approved specifications and in
accordance with UDC 11-3A-15 and MCC 9-1-28.
Fencing: The Applicant is not showing any fencing on any of the submitted plans. Permanent
fencing is not required for commercial subdivisions. However, 6-foot tall cedar perimeter fencing
is proposed to be constructed along the east property boundary with Paramount South 60
Subdivision.
Ditches, Laterals, and Canals: As per UDC 11-3A-6, all irrigation ditches, laterals or canals,
exclusive of natural waterways and waterways being used as amenities, which intersect, cross or
lie within the area being subdivided shall be covered.
Future Uses: Per the recorded DA, detailed CUP approval is required prior to development of
any of the office/retaiUmulti-family housing within Paramount Subdivision. If the subject DA
modification request is approved, the afore-mentioned requirement will not apply to future
commercial uses (office/retail) and instead, commercial buildings will be required to obtain
design review approval, per the standards listed in UDC 11-3A-19C.
Certificate of Zoning Compliance: The Applicant shall be responsible to obtain a CZC permit
from the Planning Department for all new construction or a change in use on the site prior to
issuance of building and/or occupancy permits (NOTE: The multi-family shown on the concept
plan requires CUP approval.)
DEVELOPMENT AGREEMENT (DA) MODIFICATION ANALYSIS: The applicant is
requesting approval to amend the Development Agreement to remove the conditional use permit
requirement and require design review approval instead for all commercial development in the C-
Gzone. After speaking with the Applicant, Staff is recommending that the CUP requirement also
be removed for all commercial uses in the L-O zone and require design review approval instead,
as with the C-G zone. The Applicant is in agreement with Staff's proposal. Additionally, the
subject property was previously approved for retaiUoffice uses as shown on the PD concept plan
approved with CUP-03-008 and reflected in the DA, not multi-family uses as shown on the
concept plan submitted with this application. If the Applicant intends to construct residential uses
on this property in the future, a DA modification will be necessary to amend the total number of
residential units planned for the Paramount development.
The DA (Inst. No. 103137116) for this development is proposed to be modified as follows:
6A.3. (Page 5) "A Development Agreement shall be entered into between the Developer
and the City of Meridian that will require, among other conditions, that all future
Eeier~in~ townhouse, and multi-family uses obtain conditional use permit approval
prior to development, the construction of the multi-use pathway, and limiting Lots 1-13,
Block 32; Lots 1-12, Block 33; Lots 1-12, Block 34; and Lots 1-13, Block 35 to attached
and townhouse construction only and limiting Lots 1-13, Block 30; Lots 1-2, Block 31;
Lots 1-12, Block 36; and Lots 1-13, Block 37 to one dwelling per lot. All commercial
uses in the C-G and L-O zones shall obtain desi n review approval in accordance
with design standards in effect at the time of development "
Paramount Commercial Southwest PP-07-011 & MI-07-007 Page 12
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 11, 2007
Because there were no design standards in effect when this property was annexed and the DA was
recorded, a CiIP was necessary for detailed approval of the site and buildings. Requiring all
commercial uses in the C-G and L-0 zones to comply with design standards at the time of
Certificate of Zoning Compliance application will satisfy the intent of the DA requirement. For
this reason, Staff is in support of the proposed modification to the Development Agreement.
b. Staff Recommendation: Based on the above analysis, Staff is recommending that the PP & MI
applications be approved with the conditions listed in Exhibit B of the staff report. Note.•
The Commission is not required act on the Development Agreement modification request (MI-07-
007). The Meridian Planning & Zoning Commission heard the PP request on July 5 2007
At the public hearing they moved to recommend approval of the subiect PP request T]i~
Meridian .1tV Council heard +hPCP ,tame n.. A„ ..~ ,A Q..-.a..~L__ A ,~ ~. ~ L ,
_ ~ nuu ~ r ^ ~
be public h arin on n emb r 11 2007 they annrnve~ +he e„h:Prt PP ~»rl
11. EXHIBITS
A. Drawings
1. Zoning/Vicinity Map
2. Preliminary Plat, prepared by Mason & Stanfield, Inc., labeled Sheet 1 of 1, stamped and
dated 7 on ~g ~ptember S 2007 by Darin Holzhey
3. Landscape Plan, prepared by The Land Group, labeled Sheets L1.0, L1.1, & L1.2, dated
4/13/07
4. Conceptual Site Plan
5. Conceptual Building Elevations & Architectural Details
6. Paramount Master Plan
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
8. Central District Health Department
Paramount Commercial Southwest PP-07-011 & MI-07-007 Page 13
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 11, 2007
A. Drawings
1. Zorung/Vicinity Map
Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 11, 2007
2. Preliminary Plat (R_F.VISED - ctamn •~ a~~ c.onnA hlY n„Y• .. II..l..l,,..
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 1 1, 2007
3. Landscape Plan
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NLY 5, 2007
4. oncen ual bite Plan
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NLY 5, 2007
5. Conceptual Building Elevations & Architectural Details
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007
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6. Paramount Master Plan
Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007
B, Conditions of Approval
1. PLANNING DEPARTMENT
1.1 DEVELOPMENT AGREEMENT MODIFICATIONS
The Development Agreement (Inst. No. 103137116) for this development shall be modified as
follows:
6A.3. (Page 5) "A Development Agreement shall be entered into between the Developer
and the City of Meridian that will require, among other conditions, that all future
erei~ townhouse, and multi-family uses obtain conditional use permit approval
prior to development, the construction of the multi-use pathway, and limiting Lots 1-13,
Block 32; Lots 1-12, Block 33; Lots 1-12, Block 34; and Lots 1-13, Block 35 to attached
and townhouse construction only and limiting Lots 1-13, Block 30; Lots 1-2, Block 31;
Lots 1-12, Block 36; and Lots 1-13, Block 37 to one dwelling per lot. All commercial
uses in the C-G and L-O zones shall obtain design review approval in accordance
with the UDC administrative design review standards in effect at the time of
development. "
1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT
1.2.1 The preliminary plat labeled as Sheet 1 of 1, prepared by Mason & Sta~eld, Inc., dated April 12,
2007, stamped and dated on 8>~&'~ 9/5/07 by Darin Holzhey, is approved with the conditions
listed herein. The Applicant shall comply with all previous requirements of this site associated
with AZ-03-006, PP-03-004, and CUP-03-008, as well as the Development Agreement
(Instrument No. 103137116) in effect for Paramount.
1.2.2 All future commercial structures on the subject lots shall be required to obtain Certificate of
Zoning Compliance and Administrative Design Review approval prior to building construction.
Future buildings on this site shall substantially comply with the construction materials and design
elements shown in the elevations attached in Exhibit A of this staff report.
1.2.3 One right-in/right-out and one full access shall be allowed to McMillan Road, and ene fwe one
right-in/right-outs and two full accesses shall be allowed to Linder Road as shown on the revicer~
flat dated 9/5/07. Access to N. Linder Road and W. McMillan Road shall be consistent with the
approvals of ACI-ID and the City of Meridian. A note shall be placed on the final plat restricting
direct lot access to these roadways other than the access points approved with this application.
1.2.4 The landscape plan submitted for this project, prepared by The Land Group, labeled Sheets L1.0,
L1.1, & L1.2, dated 4/13/07, is approved subject to the following revisions/notes:
• Provide a minimum 25-foot wide landscape buffer along N. Linder Road & W. McMillan
Road as shown on the landscape plan in accordance with the standards listed in UDC 11-
3B-7, Landscape Buffers along Streets.
• Provide a minimum 25-foot wide landscape buffer along the north & east property
boundaries adjacent to residential uses as shown on the landscape plan in accordance
with the standards listed in UDC 11-3B-9, Landscape Buffers to Adjoining Uses.
• Comply with the standards in UDC 11-3B-lOC for preservation of existing trees on site
as follows:
- Mitigation shall be required for all existing trees four-inch (4") caliper or greater that
are removed from the site with equal replacement of the total calipers lost on site up
to an amount of one hundred percent (100%) replacement. (Example: two (2) 10-inch
Exhibit B Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007
caliper trees removed may be mitigated with four (4) 5-inch caliper trees, five (5) fl-
inch caliper trees, or seven (7) 3-inch caliper trees.)
- No mitigation is required in the following: (i) existing prohibited trees within the
street buffer or parking lot; (ii) existing dead, dying, or hazard trees certified prior to
removal by the City of Meridian Parks Department arborist; (iii) trees that are
required to be removed by another governmental agency having jurisdiction over the
project.
- Required landscaping: Existing trees that are retained or relocated on site may count
toward the required landscaping. Mitigation trees are in addition to all other
landscaping required by this Article.
A written certificate of completion should be prepared by the landscape architect,
designer, or qualified nurseryman responsible for the landscape plan and submitted to the
Planning Department upon completion of the landscaping prior to Certificate of
Occupancy for the site. All standards of installation should apply as listed in UDC 11-3$-
14.
Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above,
with the final plat application(s).
1.2.5 A minimum 25-foot wide street buffer is required along N. Linder Road and W. McMillan Road,
as shown on the plat. These buffers shall be depicted on the plat as a permanent easement or
included as a common lot in the subdivision and shall be maintained by the Business Owner's
Association.
1.2.6 No signage is approved with this application. All signs proposed for this site shall obtain separate
sign permit approval.
1.2.7 If residential (multi-family/townhouses) uses are planned for this site in the future, the
Development Agreement will need to be modified to exceed the 270 apartments noted in Section
4, page 4. (Apartments were originally approved only at the southeast corner of the development
around the retail/office uses.)
1.2.8 Across-access/cross-parking easement/agreement shall be recorded for all lots within the
subdivision. All lots within the subdivision should have access to the access points approved in
this application. This agreement shall be recorded and a copy of said agreement submitted to the
City prior to the City Engineer's signature on the final plat OR a note shall be added to the face of
the final plat granting said cross-access.
1.2.9 The Applicant shall extend the stub street at the east boundary from Paramount South 60
Subdivision, as a public street to align with °~ Deer Crest ~: , ;Pg~~~~ Street at the west
property boundary. A north/cot h
nrivat~egt shall be constructed as ~ private streets in accordance with the standards listed in
UDC 11-3F-4 ,~ shall connect to M M'llan Road from ~x~ D r rect Street, Submit a
private street application for review and approval prior to or concurrent with final plat submittal..
this develonm nt may he rnnetrnr~terl oa ~l a
to b one r ~ d ac n .b i or nrivat ctreetc ~ The port /cot h nriva ctreet chall
e rea sired if a ro rv store is nronnsed ac rlPnirteri ;., !`nnnn..4 Dl..., cc A ))
1.2.10 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.
1.2.11 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.
Exhibit B Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NLY 5, 2007
1.3 GENERAL REQUIREMENTS-PRELIMINARY PLAT
1.3.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuant to City Code.
1.3.2 All areas approved as open space shall be free of wet ponds or other such nuisances. All
stormwater detention facilities incorporated into the approved open space are subject to UDC 11-
3A-18ahd shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated
surface materials shall not be used in open space lots, except as permitted under UDC 11-3A-
18. Where the Applicant has submitted a preliminary landscape plan and where Staff has
reviewed such plan, the landscaping shall be consistent with the preliminary plan with
modifications as proposed by Staff. If the stormwater detention facility cannot be incorporated
into the approved open space and still meet the standards of UDC 11-3A-18, then the Applicant
shall relocate the facility. This may require losing a developable lot or developable area. It is the
responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory
requirements at the time of final construction.
1.3.3 The Applicant shall submit a detailed fencing plan with the final plat application for the
subdivision. If permanent fencing is not provided, temporary construction fencing to contain
debris must be installed around the perimeter prior to issuance of a building permit. All fencing
should be installed in accordance with City Code.
1.3.4 Any tree over 4" in caliper that is removed from the property shall be replaced by installing
additional trees, being the equivalent number of caliper inches of trees that were removed.
Required landscaping trees will not be considered as replacement trees for those trees that have to
be mitigated.
1.3.5 Staff s failure to cite specific ordinance provisions or terms of the approved Preliminary Plat does
not relieve the Applicant of responsibility for compliance.
1.3.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6A.
2. PUBLIC WORKS DEPARTMENT
2.1 Private streets should be provided within the development for addressing purposes; at a
minimum, a private street should be provided from the stub street on the east property boundary
to Linder Road.
2.2 Sanitary sewer service to this development is being proposed via extension of mains located in
Paramount South 60.
2.3 The applicant shall install mains to and through this subdivision; applicant shall coordinate main
size and routing with the Public Works Department, and execute standard forms of easements for
any mains that are required to provide service. Minimum cover over sewer mains is three feet, if
cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in
conformance of City of Meridian Public Works Departments Standard Specifications.
2.4 Water service to this site is being proposed via extension of mains in N Linder Road and W
McMillan Road. The applicant shall be responsible to install water mains to and through this
development including the water main installation from W McMillan Rd to the intersection of N
Linder Rd. Coordinate main size and routing with Public Works.
2.5 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public
right of way (include all water services and hydrants).
2.6 The applicant has not indicated who will own and operate the pressure irrigation system in this
Exhibit B Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007
proposed development. If it is to be maintained as a private system, plans and specifications will
be reviewed by the Public Works Department as part of the construction plan review. A "draft
copy" of the operations and maintenance manual will be required prior to plan approval with the
"final draft" being required prior to final plat signature on the last phase of this project.
If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be
submitted prior to scheduling of apre-construction meeting.
2.7 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (UDC 11-3A-6). The applicant should be required to use any existing surface
water for the primary source. If a surface source is not available, asingle-point connection to the
culinary water system shall be required. If a single-point connection is utilized, the developer will
be responsible for the payment of assessments for the common areas prior to signature on the
final plat by the City Engineer.
2.8 Any existing domestic wells and/or septic systems within this project shall be removed from
domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells maybe used for non-
domestic purposes such as landscape irrigation.
2.9 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that
intersect, cross or lie within the area being developed shall be tiled. Plans will need to be
approved by the appropriate irrigation/drainage district, or lateral users association (ditch
owners), with written approval or non-approval submitted to the Public Works Department prior
to plan approval. If lateral users association approval can not be obtained, alternate plans will be
reviewed and approved by the City Engineer.
2.10 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall
be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water
treatment and disposal shall be designed in accordance with Department of Environmental
Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities
and Counties and City of Meridian standards and policies. Off-site disposal into surface water is
prohibited unless the jurisdiction which has authority over the receiving stream provides written
authorization prior to development plan approval. The applicant is responsible for filing all
necessary applications with the Idaho Department of Water Resources regarding Shallow
Injection Wells.
2.11 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
required improvements prior to signature on the final plat. These include but are not limited to,
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, and water.
2.12 Sewer, water, pressurized irngation, and any life safety development improvement shall receive
final approval prior to occupancy. Other required development improvements, such as fencing,
rnicropaths, and landscaping may be bonded for prior to obtaining certificates of occupancy
2.13 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to signature on the final plat.
2.14 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.
2.15 Applicant shall be responsible for application and compliance with and NPDES Permitting that
maybe required by the Environmental Protection Agency.
2.16 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that maybe required by the Army Corps of Engineers.
2.17 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes
Exhibit B Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007
are located on or near sidewalk the applicant shall comply with all American with Disabilities Act
requirements for unobstructed sidewalk access.
2.18 Compaction test results shal'1 be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.19 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1-foot above.
2.20 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public
residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole
shall be required on subdivision entrances and collector roadways. Design of the streetlights shall
be approved by the Public Works Department. Decorative lights require a streetlight agreement
on file with Public Works prior to activation. All streetlights shall be installed at subdivider's
expense. Typical locations are at street intersections and/or fire hydrants, and no further than
400' distance in between locations. Final design locations and quantity are determined after
power designs are completed by Idaho Power Company. The street light contractor shall obtain
approval from the Public Works Department, and permit from Building Department prior to
commencing installations.
3. MERIDIAN FIRE DEPARTMENT
3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and
water quality by the Meridian Water Department for bacteria testing.
3.2 Final Approval of the fue hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 %" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be place 18" above finish grade.
g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required
to have an approved turn around. Phasing of the project may require a temporary approved turn
around on streets greater than 150' in length with no outlet.
3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside
radius.
3.5 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an
imposed load of 75.,000 lbs. All roadways shall be marked in accordance with Appendix D
Section D103.6 Signs.
3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all
weather surface are required before combustible construction is brought on site.
3.7 Commercial and office occupancies will require afire-flow consistent with the International Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
3.8 The 18 commercial lots lot will have an unknown transient population and will have an unknown
impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced
Exhibit B Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007
2612 responses in the yeaz 2004. According to a report completed by Fire & Emergency Services
Consulting Group our requests for service aze projected to reach 2800 in the year 2005 and 3800 by
the yeaz 2010.
3.9 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. This cost of this installation is to be
borne by the developer.
3.10 Maintain a separation of 5' from any buildings to dumpster enclosures.
3.11 The applicant shall work with Planning Department staff to provide an address identification plan
and a sign which meets the requirements of the City of Meridian sign ordinance at the required
intersection(s).
3.12 All portions of the buildings located on this project must be within 150' of a paved surface as
measured around the perimeter of the building.
3.13 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 azound the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official. For buildings equipped throughout
with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or
903.3.1.2 the distance requirement shall be 600 feet (183).
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).
3.14 There shall be a fire hydrant within 100' of all Fire Department connections.
3.15 Buildings over 30' in height are required to have access roads in accordance with The International
Fire Code Appendix D Section D105.
3.16 Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least three
means of fire apparatus access for each structure. Two of 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.
3.17 The Fire Department encourages private streets within the development for addressing
purposes.
4. POLICE DEPARTMENT
4.1 The proposed plat and/or site design encourages high-speed, cut-through traffic. The applicant
shall work with the Ada County Highway District to provide traffic calming design to decrease
travel speeds within the development.
5. PARKS DEPARTMENT
5.1 The Parks Department did not submit comments on this application.
6. SANITARY SERVICE COMPANY
Exhibit B Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007
6.1 Provide a minimum 28' inside and 48' outside radius for all alleys and private streets, where they
intersect a public street.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 SITE SPECIFIC CONDITIONS OF APPROVAL
7.1.1 Provide a minimum 10-foot easement abutting the dedicated right-of--way for the sidewalk and
utilities. Construct a 5-foot concrete sidewalk a minimum of 41-feet from the centerline of the
roadway abutting the site. OR, to provide the District with a surety until the sidewalks are
constructed as part of the McMillan/Linder Roads improvement project.
7.1.2 Provide a minimum 10-foot easement abutting the dedicated right-of--way for the sidewalk and
utilities. Construct a 5-foot concrete sidewalk a minimum of 28-feet from the centerline of
McMillan Road abutting the site tapering to 35-feet from the centerline of the roadway at the
intersection of Linder and McMillan Roads. OR, to provide the District with a surety until the
sidewalks are constructed as part of the McMillan/Linder Roads improvement project.
7.1.3 Construct two full access driveways and one right-in/right-out driveway to intersect Linder Road
in the following locations, as proposed.
• First driveway, located approximately 250-feet (measured property line to near edge) north of
the south property line. This driveway is proposed to be 25-foot wide and right-in/right-out
access only.
• Second driveway, located approximately 520-feet (measured property line to near edge) north
of the south property line. This driveway is proposed to be 36-feet wide and full access.
• Fourth driveway, located approximately 960-feet (measured property line to near edge) north
of the south property line. This driveway is proposed to be a 36-foot wide and full access.
The driveways are restricted to a width of 36-feet and will need to be paved there full width and
at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement
tapers with 15-foot radii abutting the existing roadway edge
7.1.4 Construct one full access and one right-in/right-out driveway to intersect McMillan Road, as
proposed.
• First driveway, located approximately 260-feet (measured property line to near edge) east of
the west property line. This driveway is proposed to be 25-feet wide and right-in/right-out
access only.
• Second driveway, located approximately 440-feet (measured property line to near edge) east
of the west property line. This driveway is proposed to be 36-feet wide and full access.
7.1.5 Other than the access specifically approved with this application, direct lot access is prohibited to
Meridian Road and McMillan Road and shall be noted on the final plat.
7.1.6 Comply with all Standard Conditions of Approval.
7.2 STANDARD CONDITIONS OF APPROVAL
7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way.
7.2.2 Private sewer or water systems are prohibited from being located within any ACI-ID roadway or
right-of--way.
Exhibit B Page 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007
7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.2.5 Comply with the District's Tree Planter Width Interim Policy.
7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit
(or other required permits), which incorporates any required design changes.
7.2.9 Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
7.2.10 Payment of applicable road impact fees are required prior to building construction. The assessed
impact fee will be based on the impact fee ordinance that is in effect at that time.
7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACRD Traffic
Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during
any phase of construction.
7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
7.2.13 Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all. rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subject property unless
a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
8. CENTRAL DISTRICT HEALTH DEPARTMENT
8.1 After written approval for appropriate entities are submitted, we can approve this proposal for:
central sewage and central water.
8.2 The following plans must be submitted to and approved by the Idaho Department of Health &
Welfare, Division of Environmental Quality: central sewage and central water.
8.3 Run-off is not to create a breeding problem.
Exhibit B Page 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NLY 5, 2007
C. Required Findings from Unified Development Code
1. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat,
the decision-making body shall make the following findings:
1. The plat is in conformance with the Comprehensive Plan;
The Council finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan. Staff supports the proposed plat layout, with recommended
changes, as they comply with the provisions of the Comprehensive Plan. Please see
Comprehensive Plan Policies and Goals, Section 8, of the Staff Report.
2. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The Council fmds that public services can be made available to accommodate the
proposed development. (See Exhibit B of the Staff Report for more details from public
service providers.)
3. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because the developer is installing sewer, water, and utilities for the development at their
own cost, the Council finds that the subdivision will not require the expenditure of capital
improvement funds.
4. There is public financial capability of supporting services for the proposed
development;
Staff recommends the Commission and Council rely upon comments from the public
service providers (i.e., Police, Fire, ACRD, etc.) to determine this finding. (See Exhibit
B, Agency Comments and Conditions, for more detail.)
5. The development will not be detrimental to the public health, safety or general
welfare; and
Staff is not aware of any health, safety, or environmental problems associated with the
development of this subdivision that should be brought to the Council or Commission's
attention. ACRD considers road safety issues in their analysis. Staff recommends that
the Commission and Council reference any public testimony that may be presented to
determine whether or not the proposed subdivision may cause health, safety or
environmental problems of which staff is unaware. The Council finds that the proposed
development will not be detrimental to the publ-ic health, safety or general welfare.
6. The development preserves significant natural, scenic or historic features.
Staff is unaware of any natural, scenic, or historic features on this site. Therefore, the
Council finds that the proposed development will not result in the destruction, loss or
damage of any natural, scenic or historic feature(s) of major importance. Staff
recommends that the Commission and Council reference any public testimony that may
be presented to determine whether or not the proposed development may destroy or
damage a natural or scenic feature(s) of major importance of which staff is unaware.
Exhibit C