Earl Glen RZ-150-009 PP-15-011 CUP-15-015 MDA-15-006CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
OVIERZ
AN --
In the Matter of the Request for Rezone of 1.65 Acres of Land with an R-15 Zoning District;
Preliminary Plat Consisting of Seventeen (17) Single Family Residential Building Lots, Three (3)
Multi -family Lots and Three (3) Common Lots on Approximately 4.65 Acres in the R-8 and
Proposed R-15 Zoning Districts; Conditional Use Permit for a Multi -family Development
Consisting of Sixteen (16) Residential Dwelling Units AND Development Agreement Modification to
Amend the Development Plan from a Single Family Development to a Mix of Single Family and
Multi -family, for Earl Glen Subdivision, Located on the North Side of E. McMillan Road, East of
N. Locust Grove Road, by Brinegar Investments, LLLP.
Case No(s). RZ-15-009; PP -15-011; CUP -15-015 and MDA -15-006
For the City Council Hearing Date of. August 18, 2015 (Findings on September 1, 2015)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of August 18, 2015, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of August 18, 2015, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of August 18,
2015, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of August 18, 2015, 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 § I I -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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-15-009; PP -I5-011; CUP -15-015 & MDA -15-006
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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 of the annexation and zoning request 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 18, 2015, 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 Rezone; Preliminary Plat; Conditional Use Permit and Development
Agreement Modification is hereby approved per the conditions of approval in the attached Staff
Report for the hearing date of August 18, 2015, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two (2) years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat (UDC 11 -6E -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 I1 -6B -7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with l I -613-7.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 I I -
613-7C).
Notice of Two (2) Year Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a maximum
period of two (2) years unless otherwise approved by the City. During this time, the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-15-009; PP -15-011; CUP -15-015 & MDA -15-006
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requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting, the final plat must be signed by the City
Engineer within this two (2) year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11 -5E -6.G.1, the Director may authorize a single extension of the time to commence the
use not to exceed one (1) two (2) year period. 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 conditional use comply with the current provisions of Meridian
City Code Title 11(UDC 11-513-6F).
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 11-513-3D).
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
(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 18, 2015
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-15-009; PP -15-011; CUP -15-015 & MDA -I5-006
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By action of the City Council at its regular meeting held on the
2015.
COUNCIL PRESIDENT CHARLIE ROUNTREE
COUNCIL VICE PRESIDENT KEITH BIRD
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER LUKE CAVENER
day of �rY
VOTED �-
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VOTED
COUNCIL MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
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Mayor Tam y e Weerd
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Attest: 6
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Jdycee44olman
City Clerk
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Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney.
By: Dated: a
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-15-009; PP -15-011; CUP -15-015 & MDA -15-006
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EXHIBIT A
Earl Glen – RZ-15-009; PP-15-011; CUP-15-015; MDA-15-006 PAGE 1
STAFF REPORT
HEARING DATE: August 18, 2015
TO: Mayor and City Council
FROM: Bill Parsons, Planning Supervisor
Josh Beach, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: RZ-15-009; PP-15-011; CUP-15-015 and MDA-15-006 – Earl Glen
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Brinegar Investments, LLLP, has submitted an application for the following:
1) a rezone of 1.65 acres of land from R-8 (Medium-density Residential) zoning district to the R-15
(Medium high-density Residential) zoning district;
2) a preliminary plat consisting of seventeen (17) single-family residential lots, three (3) multi-family
residential lots and three (3) common lots on approximately 4.65 acres of land in the R-8 and proposed R-15
zoning districts;
3) a conditional use permit to develop a multi-family development consisting of sixteen (16) dwelling units
(two (2) four-plex structures and one (1) eight-plex structure); and
4) a development agreement modification to change the development plan from a single family development
to a mix of single family and multi-family.
See Section VII and Analysis, for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed RZ, PP, CUP and MDA applications based on the Findings of
Fact and Conclusions of Law in Exhibit C of the Staff Report. The Meridian Planning and Zoning
Commission heard these items on July 16, 2015. At the public hearing, the Commission voted to
recommend approval of the subject RZ, PP and CUP requests.
a. Summary of Commission Public Hearing:
i. In favor: Lance Warnick
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: None
b. Key Issue(s) of Discussion by Commission:
i. None
c. Key Commission Change(s) to Staff Recommendation:
i. None
d. Outstanding Issue(s) for City Council:
i. None
EXHIBIT A
Earl Glen – RZ-15-009; PP-15-011; CUP-15-015; MDA-15-006 PAGE 2
The Meridian City Council heard these items on August 18, 2016. At the public hearing, the Council
approved the subject RZ, PP, CUP and MDA request.
a. Summary of City Council Public Hearing:
i. In favor: Lance Warnick
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: None
b. Key Issues of Discussion by Council:
i. None
c. Key Council Changes to Staff/Commission Recommendation
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-15-009; PP-
15-011; CUP-15-015 and MDA-15-006 as presented during the hearing on August 18, 2015, with the
following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-15-009; PP-15-
011; CUP-15-015 and MDA-15-006, as presented during the hearing on August 18, 2015, for the following
reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Numbers RZ-15-009; PP-15-011; CUP-15-015 and MDA-15-006 to the hearing date
of (insert continued hearing date here) for the following reason(s): (You should state specific reason (s) for
continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location (parcel #S0529336265):
The subject property is located on the north side of E. McMillan Road, east of N. Locust Grove Road in
the southwest ¼ of Section 29, Township 4 North, Range 1 East.
B. Applicant/Owner:
Brinegar Investments, LLLP
1925 N. Locust Grove Road
Meridian, Idaho 83646
C. Representative:
Lance Warnick, Aspen Engineers
485 W. Main Street, Suite B
Kuna, ID 83634
D. Applicant's Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject applications are for a rezone, preliminary plat, conditional use permit and development
agreement modification. Except for the development agreement modification request, which only
EXHIBIT A
Earl Glen – RZ-15-009; PP-15-011; CUP-15-015; MDA-15-006 PAGE 3
requires City Council review, 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 29, and July 13, 2015 (Commission); July 27, and August
10, 2015 (Council)
C. Radius notices mailed to properties within 300 feet on: June 25, 2015 (Commission); July 23, 2015
(Council)
D. Applicant posted notice on site by: July 6, 2015 (Commission); August 7, 2015 (Council)
VI. LAND USE
A. Existing Land Use(s): The site consists of a single family residence that will be removed upon
development of the site. The property is currently zoned R-8.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: County residence and Sheridan Place Subdivision, zoned RUT in Ada County and R-8
South: Idaho Power Substation, zoned R-8
East: Sheridan Place Subdivision, zoned R-8
West: Vacant and developed commercial property, zoned C-N
C. History of Previous Actions: In 2006, the property received annexation and preliminary plat approval
(AZ-06-052 and PP-06-052) to develop 26 residential lots with a mix of townhomes and single family
detached homes in the R-8 zoning district. A development agreement was required as a provision of
annexation, recorded as Instrument #107071997, and restricts the use of the property to the mix of
residential uses as noted above. The previously approved preliminary plat has since expired.
D. Utilities:
a) Location of sewer: This development will connect to the existing sanitary sewer main near the
southwest corner of the development.
b) Location of water: This development will connect to the existing water mains along the south, west
and north boundaries.
c) Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: No major facilities exist on this site.
2. Hazards: Staff is not aware of any hazards that exist on the property.
3. Flood Plain: This property does not lie within the Floodplain Overlay District.
VII. COMPREHENSIVE PLAN ANALYSIS
This property is designated Medium Density Residential (MDR) on the Comprehensive Plan Future Land
Use Map (FLUM). The MDR designation allows smaller lots for residential purposes within City limits.
Uses typically include single family homes at densities of 3 to 8 dwelling units per acre.
The proposed preliminary plat includes seventeen (17) single-family lots and three (3) multi-family
residential lots on approximately 4.65 acres. The applicant has submitted a concurrent rezone and conditional
use permit application to develop the proposed multi -family lots (R-15 portion of the property) with sixteen
(16) dwelling units. The overall gross density of the project is 7.10 dwelling units to the acre. Staff finds that
EXHIBIT A
Earl Glen – RZ-15-009; PP-15-011; CUP-15-015; MDA-15-006 PAGE 4
the proposed development is consistent with the MDR land use designation and UDC density requirements
of the current R-8 and the requested R-15 zoning districts.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the
proposed use (staff analysis in italics):
“Require landscape street buffers for new development along all entryway corridors.” (2.01.02E)
A 35-foot wide landscape buffer is required along E. McMillan Road, designated an entryway corridor,
in accord with the standards listed in UDC 11-3B-7C Landscape Buffers along Streets.
“Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-family
arrangements) and choices between ownership and rental dwelling units for all income groups in a
variety of locations suitable for residential development.” (3.07.03B)
Staff finds developing this property with a mix of residential uses provides housing diversity in this part
of the City which is currently lacking and the increased density is necessary to support the existing and
future commercial development to the west.
“Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D)
The plan as submitted depicts the extension of local street (N. Beethoven Ave.) and no access is proposed
or approved via E. McMillan Road in accord with UDC 11-3A-3.
For the multi-family portion of the development the applicant will have to execute a reciprocal cross
access and shared parking agreement between Lots 12-14, Block 1to ensure Lot 13, Block 1 has local
street access.
“Review new development for appropriate opportunities to connect local roads and collectors to adjacent
properties (stub streets).” (3.03.02O)
The applicant is proposing to extend E. Roaring Creek Street to N. Beethoven Avenue to provide another
means of access to the development and provide Sheridan Place Subdivision access to the commercial
development to the west in accord with this policy.
“Permit new development only where urban services can be reasonably provided at the time of final
approval and development is contiguous to the City.” (3.01.01F)
City services are readily available to serve the proposed development in accord with UDC 11-3A-21.
“Require all new and reconstructed parking lots to provide landscaping in internal islands and along
streets.” (2.01.04B)
Perimeter landscaping and internal planter islands are proposed in the new parking areas however, they
must comply with the landscape requirements in UDC 11-3B-8C.
“Locate high-density development, where possible, near open space corridors, or other permanent major
open space and park facilities, Old Town, and near major access thoroughfares.” (3.07.02L)
The proposed development is located adjacent to commercial development and McMillan Road,
designated an arterial roadway which is currently under construction and being widened to 5 lanes.
“Elevate quality of design for houses and apartments; evaluate the need for design review guidelines for
single-family homes.” (3.07.02O)
The multi-family structures within the proposed development will be subject to the design standards in
UDC 11-3A-19 and the guidelines in the Meridian Design Manual.
“Require usable open space to be incorporated into new residential subdivision plats.” (3.07.02A)
EXHIBIT A
Earl Glen – RZ-15-009; PP-15-011; CUP-15-015; MDA-15-006 PAGE 5
The applicant’s proposal is to develop an integrated residential development that shares common ope n
space and site amenities. Since the proposed development is under five (5) acres in size, common open
space is not required for the single family portion of the development. However, the specific use
standards for the multi-family development require common open space and site amenities based on the
square footages and the number of units. As proposed, the landscape plan depicts 0.79 acres of common
open space and three (3) amenities (only two are required) in accord with UDC 11-4-3-27.
Based on the analysis above, staff finds the proposed development is consistent with the Comprehensive
Plan.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone(s):
Purpose Statement of the Residential Districts (R-8 and R-15): The purpose of the residential districts is
to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan.
Residential districts are distinguished by the allowable density of dwelling units per acre and
corresponding housing types that can be accommodated within the density range.
B. Schedule of Use: UDC Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C),
and prohibited (-) uses in the R-8 and R-15 zoning districts. Any use not explicitly listed, or listed as a
prohibited use is prohibited. The proposed single family detached dwellings are principally permitted in
the R-8 zoning district; the proposed multi-family development is listed as a conditional use in the R-15
zoning district. The specific use standards listed in UDC 11-4-3-27 for multi-family developments apply
to a portion of the development.
C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in
UDC 11-2A-6 and UDC 11-2A-7 for the R-8 and R-15 zoning districts.
D. Landscape Standards:
1. Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table11-
2A-7 and UDC 11-3B-7C.
2. Parking lot landscaping: All parking lot landscaping shall comply with the standards listed in UDC
11-3B-8C.
3. The proposed pathway shall comply with the design standards in accord with UDC 11-3A-8.
4. Common open space and site amenities are required to be provided on the site in accord with the
requirements listed in 11-4-3-27C and 11-4-3-27D.
E. Subdivision Design and Improvement Standards: The subdivision must comply with the subdivision
design standards outlined in UDC 11-6C-3.
F. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single-family
and multi-family dwellings.
G. Structure and Site Design Standards: The proposed multi-family development must comply with the
design standards in accord with UDC 11-3A-19.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
DEVELOPMENT AGREEMENT MODIFICATION (MDA) AND REZONE (RZ): Per the recorded DA, the
property is limited to developing with single family attached and detached homes. The applicant
proposes to rezone 1.65 acres of land from the R-8 zoning district to the R-15 zoning district and amend
EXHIBIT A
Earl Glen – RZ-15-009; PP-15-011; CUP-15-015; MDA-15-006 PAGE 6
the recorded DA to develop the three (3) proposed multi-family structures requested with the concurrent
CUP application.
The applicant’s proposed changes to the DA are attached as Exhibit A.7.
As part of the amendment to the DA, the applicant has requested that the open space approv ed
with the proposed development be allowed to count towards the required open space when the
owner develops the property to the north which is under the same ownership. Because the
northern property is not concurrently proposed for annexation into the City and does not having
conceptual development plans, staff is not amenable to the applicant’s request. However, staff
would entertain this proposal if/when the applicant request annexation of the properties north of
the proposed development.
The legal description submitted with the application, included in Exhibit C, shows the boundaries of the
property proposed to be rezoned.
PRELIMINARY PLAT (PP): The proposed preliminary plat consists of seventeen (17) single-family
residential building lots, three (3) multi-family residential lots and three (3) common lots on
approximately 4.65 acres of land in the existing R-8 and the proposed R-15 zoning districts. The average
lot size proposed for the development is 5,849 square feet.
The gross density of the development is proposed at 7.10 dwelling units per acre consistent with the
FLUM designation of MDR.
Dimensional Standards: The proposed plat is required to comply with the dimensional standards of the
R-8 and R-15 zoning districts listed in UDC Tables 11-2A-6 and 11-2A-7. Staff has reviewed the
proposed plat and found the plat to comply with the minimum street frontage and lot size requirements
of the applicable districts.
Existing Structures: There is an existing home on the site that is required to be removed prior to
signature on the final plat by the City Engineer.
Access: Access to this development is proposed from the extension of N. Beethoven Avenue and E.
Roaring Creek Street. Direct lot access via E. McMillan Road is not proposed or approved with this
application.
The internal streets are proposed as a reduced street section (48 feet of right-of-way; 34 feet between
curbs). Staff is supportive of the public street access and reduced street sections proposed for the
development.
For the multi-family portion of the development the applicant will have to execute a reciprocal cross
access and shared parking agreement between Lots 12-14, Block 1to ensure Lot 13, Block 1 has local
street access in accord with UDC 11-3A-3. The applicant must include a note on the face of the final plat
that details this requirement or provide a separate recorded copy of the agreement prior to signature on
the final plat.
Landscaping: A 35-foot wide street buffer is required along E. McMillan Road, an entryway corridor,
per UDC Table 11-2A-7. The landscape plan submitted with the application depicts the required
landscape buffer required by the UDC.
Common Open Space & Site Amenities: All new single-family developments 5 acres in size or greater
are required to provide open space and site amenities in accord with the standards listed in UDC 11-3G-
3. Although the development is under the 5 acre minimum, the applicant is proposing to provide 0.79
acres of common open space and three (3) site amenities to be a shared in common with the proposed
multi-family development and the single family development. See the multi-family common open space
and site amenities for more detail.
EXHIBIT A
Earl Glen – RZ-15-009; PP-15-011; CUP-15-015; MDA-15-006 PAGE 7
Fencing: The applicant is proposing 4-foot and 6-foot tall vinyl fencing on the submitted landscape plan.
Fencing adjacent to interior common open space areas and pathways is restricted to 4-feet in height if
solid material is used and 6 feet in height if open vision material is used, in accord with UDC 11-3A-7.
The fencing plan shown on the submitted landscape plan complies with the UDC.
Sidewalks: UDC 11-3A-17 requires detached sidewalks to be constructed along all arterial streets. With
the recent improvements to the intersection, a 5-foot wide detached sidewalk was constructed along E.
McMillan Road. However, the existing residence has an existing driveway to McMillan Road that must
be removed with the installation of the landscape buffer.
The applicant is also proposing to construct 5-foot wide attached sidewalk adjacent to N. Beethoven
Avenue and E. Roaring Creek Street in accord with the UDC standards.
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 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.
CONDITIONAL USE PERMIT (CUP): A CUP is requested for a multi-family development in the
proposed R-15 zoning district as required by UDC Table 11-2A-2. The multi-family development is
proposed to consist of sixteen (16) dwelling units consisting of three (3) structures (one eight-plex and
two four-plexes); each on individual lots. Unit mix will consist of eight (8) two bedroom units and eight
(8) three bedroom units.
Specific Use Standards: The specific use standards for multi-family developments listed in UDC 11-4-
3-27 apply to development of this site as follows:
Buildings shall provide a minimum setback of 10 feet, unless a greater setback is otherwise
required by the UDC. The foundations of the multi-family structures have a greater setback than
10 feet but several of the front porch columns are located right at the 12–foot setback in
compliance with the R-15 dimensional standards.
Service areas: On-site service areas, outdoor storage areas, waste storage, disposal facilities, and
transformer or utility vaults shall be fully screened from view from any public street. The
proposed trash enclosure is located near the street and will be highly visible. Further, the
submitted plans do not depict the location of any transformers or mechanical equipment. With
CZC and DES application, the applicant must demonstrate compliance with all of the
aforementioned requirements.
A minimum of 80 square feet (s.f.) of private useable open space is required to be provided for
each unit. The submitted plans depict balconies in excess of 80 s.f. in accord with this provision.
Developments with 20 units or more shall provide a property management office, a maintenance
storage area, a central mailbox location with provisions for parcel mail that provides safe
pedestrian and/or vehicular access and a directory map of the development at an entrance or
convenient location for those entering the development. The requirement is not applicable
because the proposed development is under 20 dwelling units.
At a minimum, 350 s.f. of common open space is required for each unit containing more than
1,200 s.f. of living area. Because all of the proposed units are larger than 1,200 square feet of
living area, a minimum of 5,600 s.f. of common open space is required to be provided. The
submitted site plan depicts approximately 0.79 acres (34,412 s.f.) of common open space which
EXHIBIT A
Earl Glen – RZ-15-009; PP-15-011; CUP-15-015; MDA-15-006 PAGE 8
is in excess of the open space required by City Code. Staff finds the applicant has provided
adequate landscaping for the site.
For multi-family developments with less than 20 units or more, 2 site amenities are required to
be provided with at least one from each category listed in UDC 11-4-3-27D. Because sixteen
(16) units are proposed, two (2) amenities must be provided for the site with at least one from
each category. The applicant is proposing a covered picnic area, horseshoe pit and a 6-foot
wide pathway in Lot 4, Block 2. Staff finds the applicant complies with the site amenity
requirement of the UDC.
Landscaping is required to comply with UDC 11-4-3-27-F. All street facing elevations shall
have landscaping along their foundation as follows: the landscaped area shall be at least 3 -feet
wide and have an evergreen shrub with a minimum mature height of 24 inches for every 3 linear
feet of foundation. The remainder of the area shall be landscaped with ground cover plans. The
submitted landscape plan complies with this requirement.
The development is required to record legally binding documents that state the maintenance and
ownership responsibilities for the management of the development, including, but not limited to,
structures, parking, common areas, and other development features. The applicant must submit
this documentation of compliance with this requirement with the Certificate of Zoning
Compliance application. Further, UDC 11-3B-7C2.a requires all residential street buffers to be
on a common lot maintained by a homeowner’s association.
Parking: For multi-family developments, off-street parking is required in accord with the standards
listed in UDC Table 11-3C-6 as follows:
The applicant is proposing to construct a mix of 2 and 3 bedroom units therefore; 2 parking
spaces are required for each unit; at least 1 in a covered carport or garage. Based on the number
of units (16 dwelling units), a total of thirty-two (32) parking stalls are required; sixteen (16)
covered and sixteen (16) open spaces. A total of 33 stalls are proposed for the site in accord
with the UDC.
A minimum of one bicycle parking space for every 25 proposed vehicle spaces or portion thereof is
required to be provided on the site. The applicant is proposing to install (2) bike racks in the parking area
of the proposed development consistent with this requirement. With the submittal of the CZC and DES
application, the applicant must provide a detail of the proposed bike rack.
Landscaping: Parking lot landscaping is required to be provided in accord with the standards listed in
UDC 11-3B-8C. In the northwest corner of the parking lot proposed for Lot 14, Block 1, the landscape
buffer width is under the 5 foot minimum (4.80 feet). With the submittal of the certificate of zoning
compliance application, the applicant must revise the landscape buffer to comply with UDC 11-3B-8C.
Building Elevations: Conceptual building elevations were submitted for both the single family homes
and the multi-family structures in this development as shown in Exhibit A.6. Staff is supportive of the
proposed design features portrayed with the elevations. Design features include a mixture of wood and
brick siding, stone wainscot, covered front porches, decorative columns, pop-outs, decorative corbels,
window trim and varying roof planes.
Staff is supportive of the proposed elevations. Future single family detached homes constructed within
the subdivision must comply with the elevations attached in Exhibit A.6 and refinement to the multi-
family structures will occur during the review of the future CZC and DES application in accord with the
standards below.
The applicant has not provided any elevations for the proposed carports. Staff recommends that the
proposed carports be painted and/or powdered coated to complement the color scheme of the proposed
development.
EXHIBIT A
Earl Glen – RZ-15-009; PP-15-011; CUP-15-015; MDA-15-006 PAGE 9
Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC and DES application is
required to be submitted to the Planning Division prior to issuance of building permits for any of the
multi-family lots. Future multi-family 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.
Staff recommends approval of the proposed RZ, PP, CUP, and MDA applications with the recommended
conditions of approval in Exhibit B.
IX. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Legal Description and Exhibit Map for Rezone Area
3. Proposed Preliminary Plat (dated: 05/19/15)
4. Proposed Landscape Plan (dated: 05/20/15)
5. Proposed Site Plan (dated: 05/19/15)
6. Conceptual Building Elevations
7. Applicant’s Proposed Changes to Development Agreement
B. Agency and Department Comments/Conditions
C. Required Findings from Unified Development Code
EXHIBIT A
Earl Glen – RZ-15-009; PP-15-011; CUP-15-015; MDA-15-006 PAGE 10
Exhibit A.1: Vicinity Map
EXHIBIT A
Earl Glen – RZ-15-009; PP-15-011; CUP-15-015; MDA-15-006 PAGE 11
Exhibit A.2: Legal Description & Exhibit Map for Rezone Area
EXHIBIT A
Earl Glen – RZ-15-009; PP-15-011; CUP-15-015; MDA-15-006 PAGE 12
EXHIBIT A
Earl Glen – RZ-15-009; PP-15-011; CUP-15-015; MDA-15-006 PAGE 13
EXHIBIT A
Earl Glen – RZ-15-009; PP-15-011; CUP-15-015; MDA-15-006 PAGE 14
Exhibit A.3: Proposed Preliminary Plat (dated: 05/19/15)
EXHIBIT A
Earl Glen – RZ-15-009; PP-15-011; CUP-15-015; MDA-15-006 PAGE 15
Exhibit A.4: Proposed Landscape Plan (dated 05/20/15)
EXHIBIT A
Earl Glen – RZ-15-009; PP-15-011; CUP-15-015; MDA-15-006 PAGE 16
EXHIBIT A
Earl Glen – RZ-15-009; PP-15-011; CUP-15-015; MDA-15-006 PAGE 17
Exhibit A.5: Proposed Site Plan (dated 05/19/15)
EXHIBIT A
Earl Glen – RZ-15-009; PP-15-011; CUP-15-015; MDA-15-006 PAGE 18
Exhibit A.6: Proposed Building Elevations (dated: 04/24/15)
EXHIBIT A
Earl Glen – RZ-15-009; PP-15-011; CUP-15-015; MDA-15-006 PAGE 19
EXHIBIT A
Earl Glen – RZ-15-009; PP-15-011; CUP-15-015; MDA-15-006 PAGE 20
Exhibit A.7: Applicant’s Proposed Changes to Development Agreement
Applicant’s proposed changes are shown in underline/strike-out format; Staff’s recommended changes are
shown in bold underline/strike-out.
4. USES PERMITTED BY THIS AGREEMENT: The uses allowed pursuant to this Agreement are only
those uses allowed under City’s Zoning Ordinance codified as Meridian City Code Title 11 which are herein
specified as follows:
Construction and development of 26 17 single family residential lots, 3 multi-family townhouse
building lots and 3 common lots on 4.65 5.17 acres in the proposed R-8 and proposed R-15 zones
pertinent to this AZ-06-052 RZ-15-009; PP-15-011 and CUP-15-015 applications.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1 Owner/Developer shall develop the Property in accordance with the following special conditions:
1. The existing direct access to E. McMillan Road from the existing house shall be terminated and
access to the house shall be taken internally from N. Beethoven Avenue; direct lot access to E.
McMillan Road is prohibited.
2. A 30-foot wide landscape buffer shall be installed adjacent to the existing home along E. McMillan
Road; the remainder of the buffer shall be 35-feet wide as required by UDC 11-2A-6. In return for
approval of the reduced buffer width, the applicant shall provide 44 additional shrubs and 3 additional
trees over and above code requirements in the McMillan Road street buffer.
3. The north side of the driveway from Lot 17, Block 1 to Beethoven Avenue shall be located 50 feet
south of White Hawk Street.
4. The driveway on Lot 17, Block 1 shall be designed with a turn around so that vehicles exiting Lot 17
will be pulling out onto Beethoven rather than back out. A drawing of said driveway and turnaround
shall be included as an Exhibit in the DA. (See Exhibit A5 of this staff report.)
5. Future attached homes within the subdivision shall comply with the elevations approved at the City
Council hearing on March 6, 2007; a copy of said elevations shall be included as an exhibit in the
DA. (See Exhibit A4 of this staff report.)
6. Development of this site shall substantially comply with the preliminary plat, landscape plan
and the conceptual residential building elevations shown in Exhibit A.
7. The developer shall provide a minimum of 0.79 acres of open space and three (3) amenities
on Lot 4, Block 2 as shown on the landscape plan including a covered picnic area, horseshoe
pit and a pathway. The use of the common open space and site amenities will be for the
benefit of the entire development.
EXHIBIT A
Earl Glen – RZ-15-009; PP-15-011; CUP-15-015; MDA-15-006 PAGE 21
B. Agency and Department Comments/Conditions
1. PLANNING DIVISION
1.1.1 Prior to the rezone ordinance approval, the addendum to the recorded DA shall be executed between the
City of Meridian, the property owner(s) and the developer at the time of rezone ordinance adoption. A
final plat application will not be accepted until the DA is recorded. The applicant shall contact the
City Attorney’s Office to initiate this process. The amended DA shall be signed by the property owner
and returned to the City within two (2) years of the City Council granting the rezone. The DA shall, at
minimum, incorporate the following provisions:
4. USES PERMITTED BY THIS AGREEMENT: The uses allowed pursuant to this Agreement are only
those uses allowed under City’s Zoning Ordinance codified as Meridian City Code Title 11 which are herein
specified as follows:
Construction and development of 26 17 single family residential lots, 3 multi-family townhouse
building lots and 3 common lots on 4.65 5.17 acres in the proposed R-8 and proposed R-15 zones
pertinent to this AZ-06-052 RZ-15-009; PP-15-011 and CUP-15-015 applications.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1 Owner/Developer shall develop the Property in accordance with the following special conditions:
1. The existing direct access to E. McMillan Road from the existing house shall be terminated and
access to the house shall be taken internally from N. Beethoven Avenue; direct lot access to E.
McMillan Road is prohibited.
2. A 30-foot wide landscape buffer shall be installed adjacent to the existing home along E. McMillan
Road; the remainder of the buffer shall be 35-feet wide as required by UDC 11-2A-6. In return for
approval of the reduced buffer width, the applicant shall provide 44 additional shrubs and 3 additional
trees over and above code requirements in the McMillan Road street buffer.
3. The north side of the driveway from Lot 17, Block 1 to Beethoven Avenue shall be located 50 feet
south of White Hawk Street.
4. The driveway on Lot 17, Block 1 shall be designed with a turn around so that vehicles exiting Lot 17
will be pulling out onto Beethoven rather than back out. A drawing of said driveway and turnaround
shall be included as an Exhibit in the DA. (See Exhibit A5 of this staff report.)
5. Future attached homes within the subdivision shall comply with the elevations approved at the City
Council hearing on March 6, 2007; a copy of said elevations shall be included as an exhibit in the
DA. (See Exhibit A4 of this staff report.)
6. Development of this site shall substantially comply with the preliminary plat, landscape plan and
the conceptual residential building elevations shown in Exhibit A.
7. The developer shall provide a minimum of 0.79 acres of open space and three (3) amenities on Lot
4, Block 2 as shown on the landscape plan including a covered picnic area, horseshoe pit and a
pathway. The use of the common open space and site amenities will be for the benefit of the entire
development.
1.2 Site Specific Conditions of Approval
1.2.1 Development of the site shall substantially comply with the preliminary plat, site plan, landscape plan,
and conceptual building elevations included in Exhibit A, the design standards listed in UDC 11-3A-19,
EXHIBIT A
Earl Glen – RZ-15-009; PP-15-011; CUP-15-015; MDA-15-006 PAGE 22
the guidelines contained in the City of Meridian Design Manual, and the conditions in this report.
1.2.2 The developer shall comply with the specific use standards for multi-family developments listed in UDC
11-4-3-27, including but not limited to the following:
a. The applicant shall record legally binding documents that state the maintenance and ownership
responsibilities for the management of the development, including, but not limited to, structures,
parking, common areas, and other development features, per UDC 11-4-3-27G.
b. Submit elevations of the proposed carports. The required carports shall be painted and/or
powder coated to complement the overall color scheme of the development.
c. All roof and wall-mounted mechanical, electrical, communications, and service equipment and trash
enclosure shall be screened from public streets and properties by the use of parapets, walls, fences,
enclosures, or by other suitable means.
1.2.3 The preliminary plat included in Exhibit A.3, dated May 19, 2015, shall include the following:
a. Construct Lot 15, Block 1 and Lot 4, Block 2 as proposed.
b. Cross-access and shared parking agreement shall be noted on the plat in accord with UDC 11-3A-
3A.2. A separate cross-access easement and shared parking agreement may be recorded.
c. Direct lot access to E. McMillan Road is prohibited include a note on the final plat.
d. Prior to signature on the final plat, the applicant shall remove the existing curb cut on E. McMillan
Road and replace it with curb, gutter and a 5-foot detached sidewalk in accord with ACHD standards.
1.2.4 The landscape plan included in Exhibit A.4, dated March 20, 2015, shall include the following:
a. Landscaping is required to be provided along the foundation of all street facing elevations in accord
with the standards in UDC 11-4-3-27-F.
b. Lot 15, Block 1 and Lot 4, Block 2 shall be landscaped as proposed.
c. All street buffers and common open space shall be maintained by an owner's association as set forth
in UDC 11-3B-7C2b.
d. All parking lot landscaping must comply with UDC 11-3B-8C. The 4.80 landscape buffer located in
the northwest corner of the parking lot proposed for Lot 14, Block 1 shall measure 5 feet in width,
measured from face of curb to back of sidewalk.
d. The proposed pathway on Lot 4, Block 2 shall be constructed in accord with UDC 11-3A-8.
1.2.5 The site plan included in Exhibit A.5, dated May 20, 2015, shall be revised as follows:
a. Provide a detail of the bike rack.
b. The applicant shall construct a minimum of thirty-two (32) parking stalls for the development as
dimensioned on the site plan; a minimum of sixteen (16) stalls shall be covered.
1.2.6 The applicant shall provide, at a minimum, a covered picnic area, a horseshoe pit and a walking path as
proposed.
1.2.7 The applicant shall provide a minimum of 0.79 acres of common open space as proposed.
1.2.8 The existing residence shall be removed prior to City Engineer signature on the final plat. A demolition
permit shall be procured from the Building Division.
1.2.9 The applicant shall record a final plat prior to applying for a building permit.
EXHIBIT A
Earl Glen – RZ-15-009; PP-15-011; CUP-15-015; MDA-15-006 PAGE 23
1.3 General Conditions of Approval
1.3.1 Comply with all bulk, use, and development standards of the R-8 and R-15 zoning districts listed in
UDC Chapter 2 District regulations.
1.3.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in
UDC 11-3A-6.
1.3.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11.
1.3.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-15,
UDC 11-3B-6 and MCC 9-1-28.
1.3.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.3.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J.
1.3.7 Provide two (2) bicycle racks as proposed in accord with the UDC 11-3C-5C.
1.3.8 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. All
HVAC equipment shall be screened from the adjacent streets.
1.3.9 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
1.3.10 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site.
1.3.11 All fencing constructed on the site shall comply with the standards as set forth in UDC 11-3A-7.
1.3.12 Staff’s failure to cite specific ordinance provisions does not relieve the applicant of responsibility for
compliance.
1.3.13 Provide temporary fencing around the perimeter of the building site to contain debris during construction
prior to release of building permits.
1.4 Ongoing Conditions of Approval
1.4.1 The conditional use may only be transferred or modified consistent with the provisions as set forth in
UDC 11-5B-6G. The applicant shall contact Planning Division staff regarding any proposed
modification and/or transfer of ownership.
1.4.2 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum
height of six feet above the ground or sidewalk surface to afford greater visibility of the area.
1.5 Process Conditions of Approval
1.5.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant
shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and
receive approval for such signs.
1.5.2 The conditional use approval shall be null and void if the applicant fails to 1) commence the use within
two years as set forth in UDC 11-5B-6F1 or 2) gain approval of a time extension as set forth in UDC 11-
5B-6F4.
1.5.3 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design
Review application from the Planning Division, prior to submittal of any building permit application.
1.5.4 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.
2. PUBLIC WORKS DEPARTMENT
EXHIBIT A
Earl Glen – RZ-15-009; PP-15-011; CUP-15-015; MDA-15-006 PAGE 24
2.1 Site Specific Conditions of Approval
2.1.1 A street light plan will need to be included in the final plat application. Street light plan requirements
are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can
be found at http://www.meridiancity.org/public_works.aspx?id=272. In addition to Type 2 lighting on
internal streets, the plan will need to include a type 1 light at the intersection of Beethoven Ave. and
McMillan Rd. If possible, existing conduit should be used to connect the new Type 1 light to the
lighting circuit at the intersection of McMillan and Locust Grove Roads.
2.2 General Conditions of Approval
2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department,
and execute standard forms of easements for any mains that are required to provide service outside of a
public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-
grade is less than three feet than alternate materials shall be used in conformance of City of Meridian
Public Works Departments Standard Specifications.
2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to
and through this development. Applicant may be eligible for a reimbursement agreement for
infrastructure enhancement per MCC 8-6-5.
2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way
(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,
or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside
the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted
on the plat for reference purposes. Submit an executed easement (on the form available from Public
Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must
include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and
distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a
Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All
easements must be submitted, reviewed, and approved prior to development plan approval.
2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of
water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for
the primary source. If a surface or well source is not available, a single-point connection to the culinary
water system shall be required. If a single-point connection is utilized, the developer will be responsible
for the payment of assessments for the common areas prior to prior to recei ving development plan
approval.
2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the
City Engineer.
2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or
laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In
performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable
law or regulation.
2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City
Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-
5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as
landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at
(208)334-2190.
2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections
(208)375-5211.
EXHIBIT A
Earl Glen – RZ-15-009; PP-15-011; CUP-15-015; MDA-15-006 PAGE 25
2.2.9 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.
2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing,
landscaping, amenities, etc., prior to signature on the final plat.
2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of
occupancy.
2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection
fees, as determined during the plan review process, prior to the issuance of a plan approval letter.
2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the
Americans with Disabilities Act and the Fair Housing Act.
2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may
be required by the Army Corps of Engineers.
2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads
receiving engineered backfill, where footing would sit atop fill material.
2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet
above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of
the crawl spaces of homes is at least 1-foot above.
2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage
facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The
design engineer shall provide certification that the facilities have been installed in accordance with the
approved design plans. This certification will be required before a certificate of occupancy is issued for
any structures within the project.
2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the
City of Meridian AutoCAD standards. These record drawings must be received and approved prior to
the issuance of a certification of occupancy for any structures within the project.
2.2.21 100 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 light plan requirements are listed in
section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found on
the city of meridian Public Works Department’s website at
http://www.meridiancity.org/public_works.aspx?id=272. The contractor’s work and materials shall
conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC.
2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of
125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final
plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City.
The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant
must file an application for surety, which can be found on the Community Development Department
website. Please contact Land Development Service for more information at 887-2211.
EXHIBIT A
Earl Glen – RZ-15-009; PP-15-011; CUP-15-015; MDA-15-006 PAGE 26
2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of
the total construction cost for all completed sewer, water and reuse infrastructure for duration of two
years. This surety will be verified by a line item cost estimate provided by the owner to the City. The
surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must
file an application for surety, which can be found on the Community Development Department website.
Please contact Land Development Service for more information at 887-221.
3. POLICE DEPARTMENT
3.1 The Police Department did not submit comments on this application.
4. FIRE DEPARTMENT
4.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with
International Fire Code Section (IFC) 508.5.4 as follows:
a. Fire hydrants shall have the 4 ½” outlet face the main street or parking lot drive aisle.
b. Fire hydrants shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10’.
f. Fire hydrants shall be placed 18” above finished grade to the center of the 4 ½” outlets.
g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
4.2 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’
outside, per International Fire Code Section 503.2.4.
4.3 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code
Sections 503.4 & D103.6.
4.4 Any newly installed Fire Department connections for sprinkler or standpipes will require locking Knox box
plugs.
4.5 One and two family dwellings not exceeding 3,600 square feet require a fire-flow of 1,000 gallons per
minute for a duration of 2 hours to service the entire project. One and two family dwellings in excess of
3,600 square feet require a minimum fire flow as specified in Appendix B of the International Fire Code.
Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code.
4.6 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in
International Fire Code Section 304.1.2.
4.7 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical
clearance of 13’6 as set forth in International Fire Code Section 503.2.1.
4.8 Operational fire hydrants, temporary or permanent street signs, and access roads with an all-weather surface
are required to be installed before combustible construction material is brought onto the site, as set forth in
International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J.
4.9 The roadways shall be built to Ada County Highway District cross section standards and have a clear
driving surface. Streets less than 26’ in width shall have no on-street parking; streets less than 32’ in
width shall have parking only on one side. These measurements shall be based on the drivable surface
dimension exclusive of shoulders. The overhead clearance shall be a minimum of 13’ 6”. The roadway
shall be able to accommodate an imposed load of 75,000 GVW as set forth in International Fire Code
Section 503.2.1. and D103.6.1 and D103.6.2.
EXHIBIT A
Earl Glen – RZ-15-009; PP-15-011; CUP-15-015; MDA-15-006 PAGE 27
4.10 Maintain a separation of 5’ from the building to the dumpster enclosure as set forth in International Fire
Code Section 304.3.3.
4.11 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in International
Fire Code Section 505.1.
4.12 There shall be a fire hydrant within 100’ of all fire department connections as set forth in local amendment
to the International Fire Code 10-4-2L.
4.13 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets. IFC
102.9
4.14 Buildings over 30’ in height are required to have access roads in accordance with the International Fire Code
Appendix D Section D105.
5. REPUBLIC SERVICES
5.1 The applicant shall contact Bob Olson, Republic Services, at 208-345-1265 or
rolson@republicservices.com to obtain approval of the dumpster design.
6. PARKS DEPARTMENT
6.1 The Parks Department did not submit comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT
Site Specific Conditions of Approval
1. Replace any broken or deteriorated curb, gutter, and sidewalk on McMillan Road abutting the site.
2. Extend Beethoven Avenue into the site tying into Roaring Creek Street as a 36-foot street section
within 50-feet of right-of-way, tapering to a 34-foot street section with curb, gutter, and 5-foot wide
attached concrete sidewalks within 48-feet of right-of-way, as proposed.
3. Provide written fire department approval for use of a reduced street section.
4. Construct a “L” shaped stub street to stub to the north and west property lines, as proposed. Install a sign at
the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED INTHE FUTURE.”
5. Construct one 25-foot wide driveway onto Beethoven Avenue located 100-feet east of the entry
portion (north/south) of Beethoven Avenue. Pave the driveway its full width at least 30-feet into
the site beyond the edge of pavement of Beethoven Avenue.
6. Construct one 27-foot wide driveway onto Beethoven Avenue located 200-feet east of the entry
portion (north/south) of Beethoven Avenue. Pave the driveway its full width at least 30-feet into the
site beyond the edge of pavement of Beethoven Avenue.
7. Payment of impacts fees are due prior to issuance of a building permit.
8. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. All irrigation facilities shall be relocated outside of the ACHD right-of-way.
2. Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-
of-way.
3. In accordance with District policy, 7203.3, the applicant may be required to update any existing non-
compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA)
requirements. The applicant’s engineer should provide documentation of ADA compliance to District
EXHIBIT A
Earl Glen – RZ-15-009; PP-15-011; CUP-15-015; MDA-15-006 PAGE 28
Development Review staff for review.
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.
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.
6. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the
developer.
7. 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 (1-811-342-1585) at least two full business days prior to breaking ground within ACHD
right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD
conduits (spare or filled) are compromised during any phase of construction.
8. 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.
9. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and
approved supplements, Construction Services procedures and all applicable ACHD Standards unless
specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all
improvement plans.
10. Construction, use and property development shall be in conformance with all applicable requirements of
ACHD prior to District approval for occupancy.
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 ACHD. The
burden shall be upon the applicant to obtain written confirmation of any change from ACHD.
12. If the site plan or use should change in the future, ACHD Planning Review will review the
site plan and may require additional improvements to the transportation system at that time.
Any change in the planned use of the property which is the subject of this application, shall
require the applicant to comply with ACHD Policy and Standard Conditions of Approval in
place at that time unless a waiver/variance of the requirements or other legal relief is
granted by the ACHD Commission.
EXHIBIT A
Earl Glen – RZ-15-009; PP-15-011; CUP-15-015; MDA-15-006 PAGE 29
C. Required Findings from Unified Development Code
1. REZONE FINDINGS:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant a rezone, the
Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Applicant is proposing to rezone a portion of the subject property to the R-15 zoning
district. The Council finds that the proposed map amendment (zoning) is generally consistent
with the MDR future land use map designation for this site. Therefore, the Council finds the
amendment is consistent with the applicable provisions of the Comprehensive Plan (see
section VII above).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The Council finds that the proposed map amendment to the R-15 zoning district is generally
consistent with the purpose statements of the residential districts in that it will contribute to
the range of housing opportunities available within the City as well as provide
interconnectivity with nearby services for those residents.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The Council finds that the proposed zoning amendment will not be detrimental to the public
health, safety, or welfare. City utilities will be extended at the expense of the applicant . The
Council considered all oral and written testimony that may be provided to determine this
finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and
The Council finds that the proposed zoning amendment will not result in any adverse impact
upon the delivery of services by any political subdivision providing services to this site.
e. The annexation (as applicable) is in the best of interest of the City (UDC 11-5B-3.E).
Because the subject request is for a rezone, the Council finds this finding is not applicable.
2. 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
and proposed 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
EXHIBIT A
Earl Glen – RZ-15-009; PP-15-011; CUP-15-015; MDA-15-006 PAGE 30
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 considers road safety issues in their analysis.
The Council considered all public testimony presented to determine 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 presented to determine whether or not the proposed
development may destroy or damage a natural or scenic feature(s) of major importance.
3. CONDITIONAL USE PERMIT:
The Commission and Council shall review the particular facts and circumstances of each
proposed conditional use in terms of the following, and may approve a conditional use permit if
they shall find evidence presented at the hearing(s) is adequate to establish:
a. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
The Council finds that if the site is designed in accord with the site plan in Exhibit A and the
conditions of approval in Exhibit B, the site will be large enough to accommodate the
proposed use and meet the dimensional and development regulations of the R-15 zoning
district and the specific use standards for multi-family developments.
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and
in accord with the requirements of this Title.
The Council finds that the proposed multi-family residential use in the R-15 zone meets the
objectives of the Comprehensive Plan.
c. That the design, construction, operation and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the
general vicinity and that such use will not adversely change the essential character of
the same area.
EXHIBIT A
Earl Glen – RZ-15-009; PP-15-011; CUP-15-015; MDA-15-006 PAGE 31
The Council finds that the general design, construction, operation and maintenance of the
multi-family use will be compatible with existing residential and future commercial uses in
the vicinity and with the existing and intended character of the vicinity so as to not adversely
change the character of the area. The Council considered all public testimony presented to
determine whether or not the proposal will adversely affect the other properties in the area.
d. That the proposed use, if it complies with all conditions of the approval imposed, will
not adversely affect other property in the vicinity.
The Council finds that the proposed development should not adversely affect other property
in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of
this staff report and constructs all improvements and operates the use in accordance with the
UDC standards.
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection, drainage
structures, refuse disposal, water, and sewer.
The Council finds that sanitary sewer, domestic water and irrigation can be made available to
the subject property. Please refer to comments prepared by the Public Works Department,
Fire Department, Police Department and other agencies.
f. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
The Council finds that the applicant will pay to extend the sanitary sewer and water mains
into the site. No additional capital facility costs are expected from the City. The applicant
and/or future property owners will be required to pay impact fees.
g. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The Council finds that the proposed development should not involve activities that will create
nuisances that would be detrimental to the general welfare of the surrounding area.
The Council recognizes the fact that traffic and noise will increase with the approval of this
development; however, whenever undeveloped property is developed, the amount of traffic
generation does increase.
h. That the proposed use will not result in the destruction, loss or damage of a natural,
scenic or historic feature considered to be of major importance.
The Council finds that the proposed development will not result in the destruction, loss or
damage of any natural feature(s) of major importance. The Council referenced all public
testimony presented to determine whether or not the proposed development may destroy or
damage a natural or scenic feature(s) of major importance.