Chinden and Linder Crossing PP-14-011 MDA-14-008CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION &t ORDER
EIDIAN',-
In the Matter of the Request for Preliminary Plat Consisting of 9 Commercial Building Lots and 2
Common Lots on 9.34 Acres of Land in the C -C Zoning District AND Development Agreement
Modification to Terminate the Three (3) Development Agreements Governing the Site and Enter
into a new DA for the Purpose of Attaching a new Concept Plan and new DA Provisions for the
proposed Chinden and Linder Crossing Subdivision, Located on the Northwest Corner of W.
Chinden Boulevard and N. Linder Road, by LEI Engineers.
Case No(s). PP -14-011 and MDA -14-008
For the City Council Hearing Date of: August 19, 2014 (Findings on September 2, 2014)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of August 19, 2014, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of August 19, 2014, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of August 19,
2014, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of August 19, 2014, 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 § I1 -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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP -14-011 and MDA -14-008
-I-
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 Conditions of Approval all in the attached Staff Report for the
hearing date of August 19, 2014, 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 preliminary plat and development agreement modification is hereby
approved per the conditions of approval in the attached Staff Report for the hearing date of
August 19, 2014, attached as Exhibit A.
D. Notice 2014 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 11-613-7B).
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 Two (2) Year Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City
within two (2) years of the City Council granting annexation and/or rezone (UDC 11-513-31)).
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 two (2) year approval period
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP -14-011 and MDA -14-008
-2-
(UDC 11-513-317).
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 August 19, 2014
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP -14-011 and MDA -14-008
-3-
Nj
By action of the City Council at its regular meeting held on the day of; -
2014. G
COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED:'..e_
COUNCIL VICE PRESIDENT KEITH BIRD VOTED
,
COUNCIL MEMBER DAVID ZAREMBA VOTED
COUNCIL MEMBER JOE BORTON VOTED K
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER GENESIS MILANI VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
- ,
Mayor Tammde Weerd
qi, a ar
Attest: ''
by
Jaycee HO tman
City Clerkff
Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney,
By: Dated:
Ci�ler s 4ice
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP -14-011 and MDA -14-008
-4-
EXHIBIT A
STAFF REPORT
Hearing Date: August 19, 2014
TO: Mayor and City Council
FROM: Bill Parsons, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Chinden and Linder Crossing - PP -14-011 and MDA -14-008
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant has applied for a preliminary plat consisting of nine (9) commercial lots and two (2)
common lots on approximately 9.34 acres of land in the C -C zoning district and a development
agreement modification to terminate the three (3) development agreements governing the site AND
enter into a new DA for the purpose of attaching a new concept plan and new provisions relevant to
the proposed development. See Section IX of the staff report for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed preliminary plat (PP) and development agreement
modification (MDA) applications in accord with the conditions of approval in Exhibit B and the
Findings of Fact and Conclusions of Law in Exhibit C. The Meridian Planning and Zoning
Commission heard this item on Julv 17, 2014. At the public hearing, the Commission voted to
recommend approval of the subiect PP request.
a. Summary of Commission Public Hearing:
i. In favor: Laren Bailey
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Bill Parsons
A. Other staff commenting on application: None
b. Key Issue(s) of Discussion by Commission:
i. None
c. Kev Commission Changes) to Staff Recommendation:
i. None
d. Outstanding Issue(s) for City Council:
i. None
The Meridian City Council heard these items on August 19 2014. At the public hearing, the
Council approved the subject PP and MDA request.
a Summary of City Council Public Hearing:
L In favor: Laren Bailey
In opposition: None
iii. Commenting: Alan Ward
ice. Written testimony: None
Staff presenting application: Bill Parsons
Other staff commenting on application• None
.. Key Issues of Discussion by Council:
Chinden and Linder Crossing PP -14-011 & MDA -14-008 PAGE 1
EXHIBIT A
i Limiting the location of any fast food restaurant to minimize impact to the adiacent
residences.
ii. Confirmation that the Chinden Boulevard access is right-in/right-out only.
c. Key Council Changes to Staff/Commission Recommendation
J. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers PP -14-
011 and MDA -14-008, as presented in the staff report for the hearing date of August 19, 2014, with
the following modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers PP -14-011
and MDA -14-008, as presented in the staff report for the hearing date of August 19, 2014, for the
following reasons: (You should state specific reasons for denial)
Continuance
I move to continue File Numbers PP -14-011 and MDA -14-008 to the hearing date of (insert
continued hearing date here) for the following reason(s): (You should state specific reason(s) for
continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located on the northwest corner of W. Chinden Boulevard and N. Linder Road in SE 1/4
of Section 23, Township 4 North, Range 1 West. (Parcel #RI065270177)
B. Owner:
FAE Holding 450070R, LLC
2700 Airport Way
Boise, Idaho 83705
C. Applicant/Representative:
Laren Bailey, LEI Engineers
3023 E. Copper Point Drive, Suite #201
Meridian, Idaho 83642
D. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a preliminary plat and a development agreement modification. A
public hearing is required before the Planning and Zoning Commission and City Council on this
matter, consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: June 30, and July 14, 2014(Commission); July 28, and
August 11, 2014 (Council)
C. Radius notices mailed to properties within 300 feet on: June 26, 2014 (Commission); July 24,
2014 (Council)
D. Applicant posted notice on site(s) on: July 7, 2014 (Commission); August 9, 2014 (Council)
Chinden and Linder Crossing PP -14-011 & MDA -14-008 PAGE 2
EXHIBIT A
VI. LAND USE
A. Existing Land Use(s) and Zoning: This site is partially developed commercial property, zoned C-
C.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: County residences, zoned RUT
2. East: Linder Road and commercial development, zoned C-3 (City of Eagle)
3. South: Vacant and developed commercial property, zoned C -N and C -G
4. West: Spurwing Challenge Subdivision, zoned R-8
C. History of Previous Actions:
In 2006, the property was granted annexation (AZ -06-005) approval by City Council with the
R-4, TN -C, and C -C zoning districts for the Knightsky Estates Subdivision. A development
agreement (DA) was approved with the annexation (instrument #106122365). A preliminary
plat (PP -06-004) and private street (PS -06-004) were approved concurrently that consisted of
126 residential lots (24 townhouse lots and 102 detached single-family lots), 7 commercial
lots, and 26 common/other lots on 55.83 acres of land.
In 2009, a development agreement modification (MDA -08-008) was approved by City
Council that tied commercial, single family residential and townhome elevations to the
recorded development agreement. The first addendum to the DA recorded as instrument
#109082037.
In 2011, a portion of the property was rezoned (RZ-11-006) from the TN -C and R-4 zones to
the R-8 and C -C zones. The R-8 portion of the property was sold off and developed as a 9 -
hole executive golf course and estate lot subdivision known as the Spurwing Challenge
Subdivision. The remnant 9.34 acre piece is partially developed and remains subject to the
three (3) recorded development agreements. The second addendum to the DA recorded as
instrument #112040233.
® In 2013, Council approved a variance (VAR -13-001) application granting a right-in/right-out
access to Chinden Boulevard.
D. Utilities:
1. Public Works:
a. Location of sewer: Sanitary sewer service to the area will be provided via an extension
form an existing main W. Island Green Drive.
b. Location of water: Water service to the area will be provided by United Water of Idaho.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: No major facilities transverse this property.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: NA
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Mixed Use — Community (MU -C)" on the Comprehensive Plan Future
Land Use Map. The purpose of this designation is to allocate areas where community -serving uses
Chinden and Linder Crossing PP -14-011 & MDA -14-008 PAGE 3
EXHIBIT A
and dwellings are seamlessly integrated. Featured elements of the mixed use development should
include the following:
® Residential densities at a minimum of 6 to 15 dwelling units to the acre;
® A conceptual site plan;
® Provide community serving facilities;
® Provide some form of common, usable area, such as a plaza or green space;
® Landscape buffering between commercial and existing low or medium density residential;
® Three different types of land uses and;
® Be accessible to neighborhoods by both vehicles and pedestrians;
® Commercial building footprints should not exceed 30,000 square feet.
The site is already surrounded by a mix of uses (residential, public, office and retail) and is currently
zoned GC. The submitted plan depicts a mix of commercial buildings that will add to the overall
diversity of uses in this area. Existing residential subdivisions are developed to the north and west. A
transition is being provided between the proposed commercial development and the existing
residences to the north and west in the form of a 25 -foot wide landscape buffer. The submitted
concept plan provides green space along Chinden Boulevard and W. Island Green Drive and building
footprints (although not specified) appear to be consistent with the W -C designation. The proposed
development is linked via the extensions of a public street, sidewalks and a multi -use pathway
developed with the Spurwing Challenge Subdivision to the west. In looking at the overall NM -C
designated area and the surrounding development, staff finds the proposed development incorporates
many of the mixed use elements of the comprehensive plan.
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):
1. "Require landscape street buffers for new development along all entryway corridors."
(2.01.02E)
A 35 foot 14de landscape buffer ii)ill be required along W. Chinden Boulevard and N. Linder
Road, both entryrnay corridors, in accord ti,ith the standards listed in UDC 11 -3B -7C
Landscape Buffers along Streets. Because this is a prominent corner of Meridian, Staff is
reconnnending the installation of these buffers ii ith the frrstphase of developrrrent.
2. "Require all commercial businesses to install and maintain landscaping." (2.01.03B)
See the analysis above for- the required landscape buffer requirerrrents. Once the landscaping
has been installed it rrrust be rnairrtairred by an Owner's Association.
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." (3.01.0117)
The proposed developruent is contiguous to the cioj and city services are available to be
extended to the site upon developinent in accord ti ,ith UDC 11-3A-21.
4. "Encourage and promote the preservation and expansion of Chinden Boulevard (US 20/26)
by ITD (3.03.02L)."
The applicant has coordinated with ITD on the preservation of right of tivcry (ROW) along the
Chinden corridor. The total ROW needed for this segrrrent of corridor is 140 feet. The ROW
has been deeded to ITD.
5. "Plan for a variety of commercial and retail opportunities within the Impact Area." (3.05.017)
Chinden and Linder Crossing PP -14-011 & MDA -14-008 PAGE 4
EXHIBIT A
Staff finds the proposed development should provide a variety of neighborhood conmrercial
uses (retail, restaurant office and medical etc.) to complement the surrounding residential
developinent.
6. "Protect existing residential properties from incompatible land use development on adjacent
parcels." (3.06.0 IF)
The UDC requires a 25 foot wide landscape buffer behi,een the proposed commercial
development and the existing residential development to the ii,est and the north. The
applicant is proposing a 25 foot landscape buffer. Except for the medical office along the
north boundary of the development, most of the cornnrercial activity is oriented towards the
adjacent roadways (Chinden Boulevard, Linder Road and W. Island Green Drive) to mitigate
impacts to the adjacent residents. To inhibit traffic speed on the backage road, both ACHD
and staff are recormnending traffic calming cis part of the road design west of the private
drive.
7. "Require street connections between subdivisions at regular intervals to enhance connectivity
and better traffic flow. (3.03.03C)
The subiiiitted preliminary platproposes to extend a public stub street (W. Island Green
Drive) from Spur ii,ing Challenge Subdivision to the ii,est. The neii, street ii,ill provide a right-
in/right-out/left--in access via N. Linder Road. A private dr°ivenvay to Chinden Boulevard is
also proposed ii hich was approved by 1TD and the City. To mitigate traffic concerns with the
adjacent residential subdivision to the ii,est, ACHD has reconunended the applicant
incorporate a traffic canning in to the street design along the west boundary. Staff supports
the Highnnay District reconnnendation.
8. "Require pedestrian access connectors in all new development to link subdivisions together to
promote neighborhood connectivity as pant of a community pathway system." (3.03.03B)
The concept plan provided by the applicant shows pedestrian connectivity behieen the
residential neighborhood to the ii,est and the proposed commercial developruent via the
extension ofpublic sidewalks. A 10 footpathti>>ay is required along Chinden Boulevard
connecting nvith the 10 -multi -use pathnvay constructed with the Spur ii,ing Challenge
development to the ii est. These connections ii ill provide pedestrian connectivity to the
signalized intersections of N. Long Lake Way/Chinden Bozdevard and N. Linder
Road/Chinden Boulevard
9. "Reduce the number of existing access points onto arterial streets by using methods such as
cross access agreements, access management and frontage/backage roads." (3.03.02N).
The applicant has proposed public road connection (backage road) to N. Linder Road, iMich
has been approved by ACHD and is supported by staff. The proposed right-inlright-out
access to Chinden was approved by a variance. For those lots that do not front on a public
street, the applicant inust record a reciprocal cross access agreement to allonn all
commercial lots ii,ithin the development to use the proposed access points in accord with
UDC 11-3A-3.
10. "Require new development to construct and maintain monument signs, consistent with the
Welcome to Meridian signage plan." (2.01.03G)
The recorded development agreement for this site requires the developer to construct a
"Welcome to Meridian" monument sign near the northeast corner of the development. To
ensure this connnitinent is honored, staff is recarnniending the nely DA include the
construction of this sign with the first phase of development.
Chinden and Linder Crossing PP -14-011 & MDA -14-008 PAGE 5
EXHIBIT A
For the above stated reasons and analysis, staff is of the opinion the proposed project is consistent
with the goals and objectives in the Comprehensive Plan.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of the Zone(s):
COMMERCIAL DISTRICTS (C -C): 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.
Six 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.
B. Schedule of Use: Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C),
and prohibited (-) uses in the C -C zoning district.
C. Dimensional Standards: Development of the site shall comply with the dimensional standards
listed in UDC 11-2B-3 for the C -C zoning district.
D. Landscaping:
® Street buffer landscaping shall be installed in accordance with the standards listed in UDC
Table 1-2B-3 and UDC 11 -3B -7C for the C -C zoning district.
® Parking lot landscaping: All parking lot landscaping shall comply with the standards listed in
UDC 11 -3B -8C.
® Landscape buffers to residential uses shall comply with the standards listed in UDC Table 11-
2B-3 and UDC 11 -3B -9C.
E. Off -Street Parking: Off-street parking is required in accord with UDC 11 -3C -6B for the
commercial lots.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
Development Agreement Modification (MDA):
As mentioned above, the proposed development is governed by three (3) development
agreements. The last addendum to the development agreement requires the applicant submit a
concept plan that complies with the mixed-use guidelines contained in the Comprehensive Plan.
Based on the Comprehensive Plan analysis above, staff finds the submitted concept plan aligns
with many of the design criteria of the mixed-use designation.
The submitted concept plan depicts nine (9) buildings consisting of three (3) retail buildings,
a bank with associated drive-through, two (2) medical office buildings and four (4)
restaurants, two (2) with drive-throughs. The one item staff finds lacking from the plan is
internal pedestrian walkways. On the south side of W. Island Green Drive, the applicant is
proposing to extend 5 -foot wide walkways into the development however they do not extend
to the entrances of any buildings. Staff recommends the applicant extend 5 -foot wide
pedestrian walkways on each side of the central access to the front entrance of the retail pad
site on Lot 6, Block 1 and retail/restaurant pad site on Lot 5, Block 1. Compliance with this
requirement will be reviewed with a future certificate of zoning compliance application. If
the change is made, staff is supportive of the proposed concept plan.
Nowhere on the plan has the applicant indicated the overall square footages proposed for
the development, therefore staff is recommending limiting the square footage of a single
Chinden and Linder Crossing PP -14-011 & MDA -14-008 PAGE 6
EXHIBIT A
building to 30,000 square feet. Further, UDC 11-4-3-11, drive-through establishments
require CUP approval if they are located within 300 feet of an existing residence or
residential district or another drive-thru facility. In addition, there are specific use
standards for drive-throughs that are listed in UDC 11-4-3-11. If drive-through
establishments are proposed on this site, a CUP shall be required that complies with the
UDC standards.
To ensure the sight develops as represented by the applicant and is compatible with the
adjacent residential developments, staff recommends a new development agreement (See
Exhibit B for staffs recommended DA provisions).
Preliminary Plat: The proposed preliminary plat consists of 9 commercial lots and 2 common
lots on approximately 9.34 acres of land in the C -C zone. The commercial lots range in size
between 27,235 square feet acres up to 43,939 square feet respectively. The UDC does not have a
minimum lot size standard for commercial development.
Dimensional Standards: The dimensional standards set forth in UDC Table 11-213-3 apply to
the development of this site as follows:
® A 35 -foot wide street buffer landscape easement is required along Chinden
Boulevard and Linder Road, classified as an arterial street and an entryway corridor,
per UDC Table 11-213-3.
® Per UDC Table 11-213-3A, a 25 -foot wide landscape buffer is required along the
northern property boundary adjacent to the existing residences. The applicant is
proposing two (2) common lots adjacent to this boundary that comply with the
dimensional standard of the district. The 25 -foot wide landscape buffer required on
Lot 2, Block 3 will occur at the time the lot develops.
Access: The access to the development will be from W. Chinden Boulevard (right-in/right-out) to
the south and N. Linder Road (right-in/right-out/left-in) to the east via the extension of W. Green
Island Road. The access to Chinden Boulevard was approved by a variance.
W. Green Island Drive is currently stubbed at the west boundary of the proposed development.
ACHD has conditioned the developer to construct traffic calming within the roadway west of the
private drive. During the hearing for the variance, Council was also concerned about cut -through
traffic with the development of the commercial property. Staff was given the direction to ensure
traffic calming was incorporated into the street design with a future subdivision. Therefore staff
recommends the applicant coordinate with the Fire Department and incorporate traffic calming
into the sheet design. Staff is supportive of the access provided to the site.
Since commercial lots are proposed for the development and not all of the lots have frontage on a
public street, the applicant must provide cross access in accord with the standards set forth in
UDC 11-3A-3. With the submittal of the final plat, cross -access shall be provided to all lots
within the development via a note on the recorded final plat or a separate recorded agreement.
Development along State Highways: UDC 11-3H-3 regulates any development along state
highways. This section of the code also regulates access to State and Federal highways and future
right of way reservations for ITD. The applicant received ITD and City approval for the proposed
access point to Chinden Boulevard. The applicant is responsible for reserving 70 feet of right of
way (ROW) for fixture expansion of Chinden Boulevard. With the construction of the
Chinden/Linder intersection, the applicant dedicated the 30 -feet of additional ROW to ITD. Prior
to signature on the final plat, the applicant must provide written documentation that ITD has
accepted the dedicated ROW. Further, the applicant must comply with all ITD's road
improvement standards that apply with the construction Chinden Boulevard access.
Chinden and Linder Crossing PP -14-011 & MDA -14-008 PAGE 7
EXHIBIT A
Landscaping: Staff has reviewed the submitted landscape plan for compliance with current UDC
standards and offers the following comments/requirements:
® The UDC requires a detached 10 -foot wide multi -use pathway to be constructed
along W. Chinden Boulevard (SH 20/26) within a public use easement. Prior to
signature on the final plat, the applicant is required to submit a public pedestrian
easement to the Planning Division for approval by City Council and subsequent
recordation.
® Per UDC Table 11-213-3, a 35 -foot wide landscape street buffer is required along
Chinden Boulevard and Linder Road, as depicted on the landscape plan and plat.
These buffers should be designed (mix of trees, lawn, shrubs and other vegetative
groundcover) in accordance with the standards listed in UDC 11 -3B -7C.
® Per UDC Table 11-213-3, a 25 -foot wide landscape buffer is required between
residential uses and properties, zoned C -C. This buffer must be designed and
constructed in accordance with UDC 11-313-9.
® The applicant should also comply with any other landscaping standards described in
the UDC, including but not limited to UDC 11-313-8 which outlines the standards for
parking lot landscaping.
® The UDC requires a 5 -foot wide detached sidewalk along Linder Road in accord with
UDC 11-3A-17.
® No fencing is shown on the submitted landscape plan however fencing exists on the
side and rear yards of the residential homes north of the proposed development and
should not be impacted with the development of this site. Temporaiy construction
fencing to contain debris must be installed around the perimeter with the construction
of any commercial building on the site. Fencing must be designed as set forth in
UDC 11-3A-7.
If the unimproved street right-of-way along N. Linder Road and W. Chinden
Boulevard is 10 feet or greater from the edge of pavement to edge of sidewalk or
property line, and street widening project is not in the transportation authority's five
year funded plan, the developer is required to maintain a 10 -foot wide compacted
gravel shoulder meeting the construction standards of the transportation authority and
landscape the remainder with lawn or other vegetative ground cover in accord with
UDC 11-313-7C.5.
Existing Structure(s): There are several existing structures on the site that will be removed with
the development of the proposed subdivision. The existing structures must be demolished and the
existing well and septic system must be abandoned prior to the City Engineer's signature on a
final plat.
Ditches, Laterals, and Canals: 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.
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, 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 signature on the final plat by the City Engineer. An underground, pressurized irrigation
Chinden and Linder Crossing PP -14-011 & MDA -14-008 PAGE 8
EXHIBIT A
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.
Building Elevations/Certificate of Zoning Compliance (CZC) and Design Review (DES):
The applicant has not submitted conceptual building elevations with this application. A CZC
application is required to be submitted prior to issuance of building permits for any of the
commercial lots. The applicant is required to obtain approval of a Design Review application for
the proposed structures and site design for the commercial development. This application may be
submitted concurrently with the CZC application. Future structures on the site must comply with
the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design
Manual.
Based on the analysis above, staff finds the proposed plat complies with the Comprehensive Plan
and the requirements of the UDC and recommends approval of the proposed development
applications.
X. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Proposed Preliminary Plat and Concept Plan (dated: 05/29/14)
3. Proposed Landscape Plan (dated: 05/29/14)
B. Conditions of Approval
C. Required Findings from Unified Development Code
Chinden and Linder Crossing PP -14-011 & MDA -14-008 PAGE 9
2. Proposed Preliminary Plat and Concept Plan (dated: 05/29/14)
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Chinden and Linder Crossing PP -14-011 & MDA -14-008 PAGE I I
Chinden and Linder Crossing PP -14-011 & MDA -14-008 PAGE I I
EXHIBIT A
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Chinden and Linder Crossing PP -14-011 & MDA -14-008 PAGE 12
EXHIBIT A
B. Conditions of Approval
1. PLANNING DIVISION
1.1 Development Agreement Modification
1.1.1 A new development agreement (DA) replacing existing DA's #106122365, #109082037 and
#112040233, is required as a provision of developing this property. The new DA shall be signed
by the property owner and returned to the City within two years of the City Council granting the
approval. The recordation of the DA is required prior to submitting a final plat application.
The applicant shall contact the City Attorney's office (898-5506) to initiate this process. The
new DA shall include the following provisions:
a. The development of this property shall generally comply with the concept plan in
Exhibit A. At a minimum, the site shall consist of six (6) commercial buildings with no
one building exceeding 30,000 square feet. With the development of Lots 5 and 6, Block
1, the applicant shall extend the 5 -foot wide pedestrian walkways on each side of the
central access to the front entrances of the future buildings.
b. Future development of the commercial lots shall comply with the design standards listed
in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual.
c. Any future drive-through use located within 300 feet of residential district or another
drive-through establishment on this site shall obtain CUP approval.
d. With the first phase of development, the applicant shall construct a full monument
"Welcome to Meridian" sign adjacent to Linder Road.
e. The 35 -foot wide landscape buffers adjacent to N. Linder Road and W. Chinden
Boulevard shall be constructed in accord with UDC 11 -3B -7C with the first phase of
development.
f. Future development of the site shall comply with the ordinances in effect at the time of
development.
1.2 Preliminary Plat - Site Specific Conditions of Approval
1.2.1 The preliminary plat, dated 05/29/14, shall be revised as follows:
a. Other than the access points approved with this application, the applicant shall place a note
on the face of the final plat prohibiting direct lot access to Chinden Boulevard and Linder
Road.
b. The applicant shall construct W. Island Green Drive with a passive traffic calming design
element (such as bulb -outs or chokers) west of the proposed private drive in accord with
ACED and the Fire Department standards. This roadway shall be constructed in its entirety
with the fust phase of development.
c. A cross-access/cross-parking easement/agreement shall be recorded for all commercial lots
within the subdivision in accord with UDC 11-3A-3. All lots within the subdivision shall
have the right to use all to the access points approved in this application (Chinden Boulevard
and Linder Road). 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.
d. Comply with all bulk, use, and development standards of the C -C zoning district listed in
UDC Table 11-213-3.
e. Prior to signature on a final plat, the applicant must provide written documentation that ITD
has accepted the dedicated Chinden Boulevard right of way (ROW).
Chinden and Linder Crossing Subdivision PP -14-011 & MDA -14-008
PAGE 13
EXHIBIT A
f. The applicant shall comply with all ITD's road improvement standards that apply with the
construction of the right-in/right-out access to Chinden Boulevard.
1.2.2 The landscape plan, dated 05/29/14 shall be revised as follows:
a. Construct a 35 -foot wide landscape buffer along Linder Road and Chinden Boulevard. These
buffers shall be designed to include a mix of trees, lawn, shrubs and other vegetative
groundcover in accordance with the standards listed in UDC 11-313-7C and shall be
constructed with the first phase of development.
b. Construct a 5 -foot wide detached sidewalk along N. Linder Road in accord with UDC 11-3A-
17.
c. Construct al 0 -foot wide multi -use pathway along W. Chinden Boulevard in accord with
UDC 11 -3H -4C.4. Submit a public use easement to the Planning Division for the multi -use
pathway adjacent to W. Chinden Boulevard prior to City's Engineers signature on the final
plat.
d. All fencing shall be installed in accordance with UDC 11-3A-7. Temporary construction
fencing to contain debris must be installed around the perimeter with the construction of any
commercial building on the site.
e. If the unimproved street right-of-way along W. Chinden Boulevard and N. Linder Road is 10
feet or greater from the edge of pavement to edge of sidewalk or property line, and street
widening project is not in the transportation authority's five year funded plan, the developer
is required to maintain a 10 -foot wide compacted gravel shoulder meeting the construction
standards of the transportation authority and landscape the remainder with lawn or other
vegetative ground cover in accord with UDC 11-313-7C.5.
f. Construct Lots 1 and 3, Block 3 as proposed. With the development of Lot 2, Block 3, the
applicant shall construct a 25 -foot wide landscape buffer adjacent to the west and north
boundary in accord with UDC 11-313-9C.
g. Upon installation of the landscaping and prior to inspection by Planning Division staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A.
h. With the future development of the commercial lots, the applicant shall comply with the
parking lot landscaping standards in accord with UDC 11-3B-8.
1.2.3 The applicant shall pipe or otherwise cover all irrigation ditches, laterals or canals, intersecting,
crossing or lying within the area being developed in accord with UDC 11 -3A -6A, unless left open
as a water amenity or linear open space in accord with UDC 11 -3A -6A.2.
1.2.4 The applicant shall record the final plat and obtain the Planning Division's approval of a
certificate of zoning compliance and design review application prior to applying for a building
permit. With the development of Lots 5 and 6, Block 1, the applicant shall extend the 5 -foot
wide pedestrian walkways on each side of the central access to the front entrances of the
future buildings.
1.2.5 With the development of the commercial lots, the off-street loading areas must comply with the
standards in accord with UDC 11-3C-8.
1.2.6 The existing structures must be demolished and the existing well and septic system must be
abandoned prior to the City Engineer's signature on a final plat.
1.2.7 Comply with all ACRD conditions of approval.
1.3 General Conditions of Approval
Chinden and Linder Crossing Subdivision PP -14-011 & MDA -14-008
PAGE 14
EXHIBIT A
1.3.1 Comply with all provisions of UDC 11-3A-3 with regard to access to streets and maintaining the
clear vision triangle.
1.3.2 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-
15, UDC 11-3B-6 and MCC 9-1-28.
1.3.3 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11 -3B -5J.
1.3.4 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets
the standards as set forth in UDC 11-313-6 and to install and maintain all landscaping as set forth
in UDC 11-313-5, UDC 11-313-13 and UDC 11-313-14.
1.3.5 All common open space and site amenities shall be maintained by an owner's association as set
forth in UDC 11 -3G -3F1.
1.3.6 The project is subject to all current City of Meridian ordinances and previous conditions of
approval associated with this site. Staff's failure to cite specific ordinance provisions does not
relieve the applicant of responsibility for compliance.
1.3.7 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
1.3.8 The applicant shall have an ongoing obligation to maintain all pathways.
1.3.9 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
1.3.10 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping
and constructed features within the clear vision triangle consistent with the standards in UDC 11-
3A-3.
1.3.11 No signs are approved with this application. Prior to installing any signs on the property, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
1.3.12 The applicant shall complete all improvements related to public life, safety, and health as set forth
in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with
UDC 11 -5C -3C.
1.3.13 The final plat, and any phase thereof, shall substantially comply with the approved preliminary
plat as set forth in UDC 11-613-3C2.
1.3.14 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the
City Engineer signature on a final plat within two years or 2) gain approval of a time extension as
set forth in UDC 11-6B-7.
1.3.15 The applicant shall obtain approval for all successive phases of the preliminary plat within two
years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B -
7B.
2. PUBLIC WORKS DEPARTMENT
2.1 General Conditions of Approval
2.1.1 The applicant shall install sanitary sewer 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
Chinden and Linder Crossing Subdivision PP -14-011 & MDA -14-008
PAGE 15
EXHIBIT A
materials shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2.1.2 Domestic water mains to provide service to this development will be from extension(s) of existing
United water of Idaho mains adjacent to the site. Per Meridian City Code, the applicant shall be
responsible to install water mains to and through this development.
2.1.3 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
development plan approval.
2.1.4 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer.
2.1.5 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans
shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch
owners), with written approval or non -approval submitted to the Public Works Department. If
lateral users association approval can't be obtained, alternate plans shall be reviewed and
approved by the Meridian City Engineer prior to final plat signature.
2.1.6 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.1.7 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.
2.1.8 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,
fencing installed, drainage lots constructed, road base approved by the Ada County Highway
District and the Final Plat for this subdivision shall be recorded, prior to applying for building
permits.
2.1.9 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.
2.1.10 All development improvements, including but not limited to sanitary sewer and water, fencing,
micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to
obtaining certificates of occupancy.
2.1.11 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.
2.1.12 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.
2.1.13 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.1.14 Applicant shall be responsible for application and compliance with and NPDES permitting that
may be required by the Environmental Protection Agency.
Chinden and Linder Crossing Subdivision PP -14-011 & MDA -14-008
PAGE 16
EXHIBIT A
2.1.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.1.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.1.17 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.
2.1.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1 -foot above.
2.1.19 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.
2.1.20 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.
2.1.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public
roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights
shall be installed at developer's expense. Final design shall be submitted as part of the
development plan set for approval, which must include the location of any existing street lights.
Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not
exceed that outlined in the Standards. The contractor's work and materials shall conforrm to the
ISPWC and the City of Meridian Supplemental Specifications to the ISPWC.
2.1.22 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 fmal 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. Please contact Land Development Service for more information at 887-2211.
2.1.23 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. Please contact Land Development Service for more information at 887-2211.
2.1.24 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.
3. POLICE DEPARTMENT
3.1 The Police Department has no concerns related to this application.
4. FIRE DEPARTMENT
4.1 The proposed project has no Fire Department concerns.
4.2 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices
installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141,
Section A5.2.18.
5. REPUBLIC SERVICES
Chinden and Linder Crossing Subdivision PP -14-011 & MDA -14-008
PAGE 17
EXHIBIT A
5.1 Prior to submittal of a Certificate of Zoning Compliance (CZC) application to the City of Meridian
Planning Division, the applicant shall submit a scaled site plan and detail of the trash enclosure to
Bob Olson at Republic Set -vices (345-1265) that demonstrates compliance with the following items:
a. Suitable waste enclosure locations (enclosuires should be located to minimize service vehicle
back-up requirement)];
b. Sufficient overhead clearance height for service vehicles (a minimum 13' clearance is required;
inchuding poi>>er and teleconuuuunication lines; this requirement increases to 22' at container
seivice locations);
c. Ample number and size of waste receptacles/enclosures to meet waste generation points and
volumes;
d. Adequate waste enclosure access (the applicant shall pi°oxide drive -on capability for 6 and 8
cubic yard containers; allotit, a mininuun of 60' frontal clearance);
e. Adequate turning radius (provide a minimums 28' inside and 48' outside for all entr-ances,
internal roads, drive aisles, alleys, and private sheets u here they intersect a public street);
f Any roadway greater than 150 feet in length that is not provided with an outlet shall be
required to have an approved turn around.
g. Meets design standards for waste enclosure(s):
i. Concrete pad for the waste enclosure (required for all enclosures);
ii. Concrete apron in front of waste enclosure (mininuan 8' in depth)
iii. Gate locks for the waste enclosure for both open and closed positions;
iv. Clearance inside waste enclosure gates (mininnan 12'x 10' tir,hen in open position) Note:
If building tenant ivishes to recycle, please contact Bob Olson at Republic Services (345-
1265) for mininumu dimensional requirements;
v. Bollards inside the enclosure to prevent the container from damaging the walls and gates;
vi. Waste enclosure user access (When possible, the enclosu m should be designed with ars
easy pedestrian access point other than the front gates to ensure less mess within the
enclosure as inell as reduce gate damage).
6. PARKS DEPARTMENT
6.1 Construct a 10 -foot multi -use pathway adjacent to Chinden Boulevard. At such time that the multi-
use pathway connects from one major street to another and is greater than one-half mile long, the
applicant may petition the City to assume maintenance responsibilities.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 SITE SPECIFIC CONDITIONS OF APPROVAL
7.1.1 Comply with the requirements of ITD and the city of Meridian regarding the Chinden Boulevard
frontage. Submit to the District a letter from ITD regarding said requirements prior to signature
on the final plat.
7.1.2 Construct 5 foot wide detached concrete sidewalk on Linder Road abutting the site as proposed.
Provide a permanent right-of-way easement for sidewalk placed outside of the dedicated right-of-
way.
Chinden and Linder Crossing Subdivision PP -14-011 & MDA -14-008
PAGE 18
EXHIBIT A
7.1.3 Close and replace the existing driveways from the site onto Linder Road with vertical curb,
gutter, and 5 foot wide detached concrete sidewalk, consistent with adjacent sidewalk on Linder
Road.
7.1.4 Dedicate additional right-of-way needed for the widening of the Linder Road. ACRD will
provide compensation for right-of-way dedicated beyond the existing right-of-way. (See Findings
for Consideration No. 2.)
7.1.5 Construct Island Green Drive as a 36 -foot commercial street section with vertical curb, gutter,
and 5 foot wide attached concrete sidewalk within 50 feet of right-of-way as proposed.
7.1.6 Construct Island Drive to connect with Linder Road approximately 620 feet north of Chinden
Boulevard as proposed. Extend the existing median in Linder Road and modify as necessary to
restrict the public street to right-in/right-out/left-in. This access may be restricted in the fixture at
the discretion of ACRD.
7.1.7 Comply with the requirements of the City of Meridian regarding the proposed private road onto
Chinden Boulevard. The private road must be paved its entire width and at least 30 feet into the
site beyond the edge of pavement. Street name and stop signs are required and may be ordered
through the District.
7.1.8 Construct Island Green Drive to have a passive traffic calming design element (such as bulb -outs
or chokers) west of the proposed private drive.
7.1.9 Direct lot access to Linder Road is prohibited and shall be noted on the final plat.
7.1.10 Payment of impacts fees are due prior to issuance of a building permit.
7.1.11 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 ACHD roadway or
right-of-way.
7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all
landscaping proposed within ACHD right-of-way or easement areas.
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 ACRD Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
7.2.8 hi accordance with District policy, 7203.6, the applicant may be required to update any existing
non-compliant pedestrian improvements abutting the site to meet current Americans with
Chinden and Linder Crossing Subdivision PP -14-011 & MDA -14-008
PAGE 19
EXHIBIT A
Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of
ADA compliance to District Development Review staff for review.
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 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days
prior to breaking ground within ACRD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
7.2.11 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.
7.2.12 If the site plan or use should change in the fixture, ACHD Planning Review will review the site
plan and may require additional improvements to the transportation system at that time. 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 ACRD Policy and Standard conditions of approval in
place at the time unless a waiver/variance of said requirements or other legal relief is granted by
the ACHD Commission.
Chinden and Linder Crossing Subdivision PP -14-011 & MDA -14-008
PAGE 20
EXHIBIT A
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:
a. 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 in regard to land use, transportation, and circulation. Please see
Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more
information.
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The Council finds that public services will be provided to the subject property upon
development. (See Exhibit B of the Staff Report for more details from public service
providers.)
c. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because City water and sewer and any other utilities will be provided by the development
at their own cost, the Council finds that the subdivision will not require the expenditure
of capital improvement funds.
d. There is public financial capability of supporting services for the proposed
development;
The Council relied upon comments from the public service providers (i.e., Police, Fire,
ACHD, etc.) to determine this finding. (See Exhibit B for more detail.)
e. The development will not be detrimental to the public health, safety or general
welfare; and
The Council is not aware of any health, safety, or environmental problems associated
with the platting of this property. ACHD and ITD consider road safety issues in their
analysis. The Council considered all public testimony presented when determining
whether or not the proposed subdivision may cause health, safety or environmental
problems.
f. The development preserves significant natural, scenic or historic features.
The Council is unaware of any natural, scenic or historic features on this site. Therefore,
the Council finds that the proposed development will not result in the destruction, loss or
damage of any natural, scenic or historic feature(s) of major importance. The Council
referenced all 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.
Chinden and Linder Crossing Subdivision PP -14-011 & MDA -14-008
PAGE 21