Paramount North Forty H-2015-0034CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2015-0034 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for Preliminary Plat Consisting of Three (3) Building Lots, Three (3)
Common Lots, and Two (2) Other Lots for Future Right-of-Way Dedication on 40.52 Acres of Land
in the C-C and TN-C Zoning Districts for Paramount North Forty Subdivision, by Brighton
Investments, LLC.
Case No(s). H-2015-0034
For the City Council Hearing Date of: February 2, 2016 (Findings on February 9, 2016)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of February 2, 2016, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of February 2, 2016, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of February 2,
2016, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of February 2, 2016, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use
Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Community Development Department, the Public Works Department and any affected party
requesting notice.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2015-0034 - 2 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of February 2, 2016, 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 is hereby approved per the conditions of approval
in the Staff Report for the hearing date of February 2, 2016, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer’s signature
on the final plat within two (2) years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat (UDC 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two (2) years, may be considered for
final approval without resubmission for preliminary plat approval (UDC 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City
Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up
to two (2) years as determined and approved by the City Council may be granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again (UDC 11-
6B-7C).
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 February 2, 2016
i
By action of the City Council at its regular meeting held on the day of
2016.
COUNCIL PRESIDENT KEITH BIRD VOTED
COUNCIL VICE PRESIDENT JOE BORTON VOTED
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED
COUNCIL MEMBER TY PALMER VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
_J��
COUNCIL MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor Ta y e �`erd..w
y; F E D Ajj
Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney.
By: �. Dated: i
City Clerk's ON ce°
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2015-0034 - 3 -
Attest:
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City of
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Jaycee &1man
City Clerk,
Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney.
By: �. Dated: i
City Clerk's ON ce°
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2015-0034 - 3 -
EXHIBIT A
Paramount North Forty – PP H-2015-0034 PAGE 1
STAFF REPORT Hearing Date: February 2, 2016
TO: Mayor & City Council
FROM: Sonya Watters, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: H-2015-0034 – Paramount North Forty - PP
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Brighton Investments, LLC, has submitted an application for a preliminary plat (PP)
consisting of 3 building lots, 3 common lots, and 2 other lots for future right-of-way dedication on
40.52 acres of land in the C-C and TN-C zoning districts for Paramount North Forty Subdivision.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed PP application 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 & Zoning Commission heard this item on January 7, 2016. At the
public hearing, the Commission moved to recommend approval of the subject PP request.
a. Summary of Commission Public Hearing:
i. In favor: Van Elg, Applicant’s Representative; Jon Wardle
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Van Elg, Applicant’s Representative (response to the staff report)
v. Staff presenting application: Sonya Watters
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. None
c. Key Issues of Discussion by Commission:
i. None
d. Commission Change(s) to Staff Recommendation:
i. Modify condition #1.1.3a to allow the 4-foot wide sidewalk along Fox Run Way to
remain if 5’ x 5’ turnout areas are provided every 200 feet to meet ADA standards.
ii. Modify condition #1.1.3c to generally require a 10-foot wide detached multi-use
pathway to be constructed along E. Chinden Blvd. in a public use easement rather than
specifically in the street buffer.
iii. Modify condition #1.1.3b consistent with condition #1.1.3c to require a 10-foot wide
detached multi-use pathway to be constructed along N. Meridian Road in a public use
easement rather than specifically in the street buffer.
e. Outstanding Issue(s) for City Council:
i. None
The Meridian City Council heard this item on February 2, 2016. At the public hearing, the
Council approved the subject PP request.
a. Summary of City Council Public Hearing:
EXHIBIT A
Paramount North Forty – PP H-2015-0034 PAGE 2
i. In favor: Van Elg, Brighton Development
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Van Elg (in agreement with Commission recommendation)
v. Staff presenting application: Sonya Watters
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. None
c. Key Issues of Discussion by Council:
i. None
d. 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 Number H-2015-
0034, as presented in the staff report for the hearing date of February 2, 2016, with the following
modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2015-0034,
as presented during the hearing on February 2, 2016, for the following reasons: (You should state
specific reasons for denial)
Continuance
I move to continue File Number H-2015-0034 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 at 6280 N. Fox Run Way, in the NE ¼ of Section 25, Township 4 North,
Range 1 West. (Parcel No.’s: S0425120780; S0425110750; S0425110150; and S0425110502)
B. Owner:
Brighton Investments, LLC
12601 W. Explorer, #200
Boise, ID 83713
C. Applicant:
Michael D. Wardle, Brighton Corporation
12601 W. Explorer, #200
Boise, Idaho 83713
D. Representative:
Same as applicant
E. Applicant's Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject application is for a preliminary plat. A public hearing is required before the Planning
& Zoning Commission and City Council on this matter, consistent with Meridian City Code Title
EXHIBIT A
Paramount North Forty – PP H-2015-0034 PAGE 3
11, Chapter 5.
B. Newspaper notifications published on: December 21, 2015 and January 4, 2016 (Commission);
January 11 and 25, 2016 (City Council)
C. Radius notices mailed to properties within 300 feet on: December 17, 2015 (Commission);
January 14, 2016 (City Council)
D. Applicant posted notice on site(s) on: December 29, 2015 (Commission); January 21, 2016 (City
Council)
VI. LAND USE
A. Existing Land Use(s) and Zoning: The subject property consists of vacant undeveloped land,
zoned C-C and TN-C.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: W. Chinden Blvd. and rural residential, undeveloped, and commercial property, zoned R1
and MU-DA in Ada County respectively
West: Agricultural/undeveloped land, zoned C-C
South: Single-family residential properties in Paramount Subdivision, zoned R-8
East: N. Meridian Road and a church, zoned RUT in Ada County
C. History of Previous Actions:
In 2013, the subject property was annexed (AZ-13-005, Paramount Northeast).
A conditional use permit (H-2015-0008) was approved for a residential care facility in a C-C
zoning district at the northwest corner of this site earlier this month.
A DA modification application (H-2015-0022) was approved by Council on November 24,
2015 to include the annexation area in the existing DA for Paramount Subdivision. The amended
DA has been transmitted to the applicant for review and signature but has not yet been returned
to the City for Council approval and recordation.
Note: The amendment allowed for the following: one building permit to be issued on the
proposed Lot 3, Block 1 prior to recordation of the final plat with the condition the final plat is
recorded prior to issuance of a Certificate of Occupancy for the facility; two accesses via N. Fox
Run Way; and construction of the street buffer landscaping and associated 10-foot wide multi-use
pathways along W. Chinden Blvd. and N. Meridian Road with the final plat for each phase of
development.
D. Utilities:
1. Location of sewer: Sanitary sewer service was provided to Lot 3, Block 1 with the
development of Paramount Subdivision No. 5.
2. Location of water: Water service was provided to Lot 3, Block 1 with the development of
Paramount Subdivision No. 5.
3. Issues or concerns: A water main extension will be required through Lot 3, Block 1for a loop
connection to the future residential area east of Lot 3, Block 1.
E. Physical Features:
1. Canals/Ditches Irrigation: There are no canals or ditches on this site.
2. Hazards: Staff is not aware of any hazards that exist on this property.
EXHIBIT A
Paramount North Forty – PP H-2015-0034 PAGE 4
3. Flood Plain: This property does not lie within the flood plain.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
Land Use: Approximately 26 acres of the site is designated Mixed Use - Community (MU-C) and
approximately 15 acres is designated Medium Density Residential (MDR) on the Future Land Use
Map (FLUM) contained in the Comprehensive Plan.
The purpose of the MU-C designation is to allocate areas where community-service uses and
dwellings are seamlessly integrated into the urban fabric. The intent of the MU-C designation is to
integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial
type buildings. Development should comply with the general guidelines for development in all mixed
use areas and have a mix of at least 3 land use types. Residential uses should comprise a minimum of
20% of the development area at densities ranging from 6 to 15 units/acre. See pages 27-28 in the
Comprehensive Plan for more information.
The intent of the MDR designation is to allow smaller lots for residential purposes within City limits.
Uses may include single-family homes at gross densities of 3 to 8 units/acre.
This site is located near a major arterial intersection (W. Chinden Blvd./N. Meridian Rd.). The
applicant proposes to develop Lot 3, Block 1 with a 56,543 s.f. residential care facility which should
contribute to the variety of uses and dwelling options for seniors in this area, consistent with the MU-
C designation. A development plan was not submitted for the remainder of the site. At such time as
development is proposed, the applicant is required to modify the development agreement to include a
conceptual development plan that demonstrates a mix of at least 2 other land use types in the MU-C
designated area and density of 3 to 8 units/are in the MDR designated area.
Policies: 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):
“Require new residential development to meet development standards regarding landscaping,
signage, fences and walls, etc.” (3.05.02C)
A 35-foot wide street buffer is required along E. Chinden Blvd. and N. Meridian Road, both
entryway corridors; and a 20-foot wide street buffer is required along N. Fox Run Way, a
collector street, and shall be landscaped in accord with the standards listed in UDC 11-3B-
7C. Parking lot landscaping will be required in accord with the standards listed in UDC 11-
3B-8C. Separate permits shall be obtained for any new fencing.
“Protect existing residential properties from incompatible land use development on adjacent
parcels.” (3.06.01F)
The proposed subdivision is adjacent to a single-family residential development to the south;
medium density residential uses are designated on the southern portion of this site which
should provide should be compatible with adjacent existing residential uses.
“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 available and will be extended by the applicant upon development of the site
in accord with UDC 11-3A-21.
“Support a variety of residential categories (low-, medium-, medium-high and high-density
single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the
purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E)
The proposed assisted living facility and future residential uses designated to develop on this
EXHIBIT A
Paramount North Forty – PP H-2015-0034 PAGE 5
site will contribute to the variety of housing options in this area.
“Require street connections between subdivisions at regular intervals to enhance connectivity
and better traffic flow.” (3.03.03C)
Two connections via N. Fox Run Way, at the west boundary of the site, are proposed (and
were previously approved by City Council with the CUP for the assisted living facility) and
connections will also be available via E. Director Street at the south boundary of the site for
connectivity with the larger Paramount Subdivision. Connections within the proposed
subdivision should also be provided.
“Encourage and promote the preservation and expansion of Chinden Blvd. (US 20/26) by
ITD.” (3.03.02L)
Staff recommends the developer provide right-of-way for the future expansion of Chinden
Blvd. as required by the Idaho Transportation Department.
“Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D)
Access is restricted to N. Fox Run Way, a collector street; however, Council did approve 2
access points with the CUP for the assisted living facility. Direct lot access via E. Chinden
Blvd., a state highway (SH 20-26) and N. Meridian Road, an arterial street, is prohibited.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone:
The purpose of the commercial districts is to provide for the retail and service needs of the
community in accordance with the Meridian comprehensive plan. Six (6) districts are designated
which differ in the size and scale of commercial structures accommodated in the district, the scale
and mix of allowed commercial uses, and the location of the district in proximity to streets and
highways. The C-C district is a larger scale (than the C-N district) and broader mix of retail,
office, and service uses with access to arterials or non-residential collectors.
The purpose of the traditional neighborhood districts is to encourage mixed use, compact
development that is sensitive to the environmental characteristics of the land and facilitates the
efficient use of services. Vertically integrated residential projects are encouraged in all traditional
neighborhood districts. A traditional neighborhood district diversifies and integrates land uses
within close proximity to each other, and it provides for the daily recreational and shopping needs
of the residents.
The purpose of the TN-C district is to server as the focal point of a neighborhood center,
containing retail, commercial and community services to meet the daily needs of community
residents within a one to two mile radius. A TN-C district is pedestrian oriented , and it is
designed to encourage pedestrian connection with a traditional neighborhood residential district.
TN-C district uses include small scale retail, restaurants, recreational, personal services, public or
quasi-public uses, churches, and attached and multi-family dwellings.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2B-2 lists the permitted,
accessory, conditional, and prohibited uses in the C-C zoning district; and Table 11-2D-2 lists the
permitted, accessory, conditional, and prohibited uses in the TN-C zoning district.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-C
zoning district and Table 11-2D-3 for the TN-C zoning district applies to development of this site.
EXHIBIT A
Paramount North Forty – PP H-2015-0034 PAGE 6
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
1. Preliminary Plat
The proposed plat consists of 3 building lots, 3 common area lots and 2 other lots for future right-
of-way dedication for the future widening of E. Chinden Blvd. on 40.52 acres of land in the C-C
and TN-C zoning districts.
A final plat application (Paramount Veranda - FP H-20015-0033) was submitted concurrently
with this application for the first phase of development which consists of 1 building lot (proposed
Lot 3, Block 1) on 4.9 acres of the site where an assisted living facility is proposed; the final plat
will be heard by City Council after their decision on the subject application, assuming the
preliminary plat is approved. The applicant proposes to re-subdivide Lots 5 and 6 further in the
future for age-qualified and townhome projects.
Lots 1 and 8, Block 1 consist of a 30-foot wide lot adjacent to E. Chinden Blvd. for future right-
of-way acquisition by the Idaho Transportation Department (ITD) for future road widening; a
letter has not been received from ITD to confirming that 70 feet from the section line is sufficient
in this area as some areas require 100 feet. The applicant should provide ROW as required by
ITD. Berms or other improvements should be constructed outside of the ROW.
Street buffer landscaping is proposed on Lots 2, 4 and 7, Block 1 along N. Fox Run Way, E.
Chinden Blvd., and N. Meridian Road. Construction of the street buffer landscaping and
associated 10-foot wide multi-use pathways along W. Chinden Blvd. and N. Meridian Road will
take place with the final plat for each phase of development per the approval of City Council with
the development agreement modification (H-20105-0022).
Existing Structures: There are no existing structures on this site.
Dimensional Standards: Development of this site is required to comply with the dimensional
standards listed in UDC Table 11-2B-3 for the C-C district and 11-2D-5 for the TN-C district.
Staff has reviewed the proposed plat and found it to be in compliance with these standards.
Traffic Impact Study (TIS): ACHD did not require a TIS for this development.
Access: Access to this site is proposed via two access points from N. Fox Run Way approved by
Council with H-2015-0022. No access is proposed via N. Meridian Road or W. Director Street.
Access via E. Chinden Blvd. is prohibited.
Master Street Map (MSM): The MSM depicts a collector street across this property from N.
Fox Run Way to N. Meridian Road. W. Director Street has been partially constructed and exists
along the western portion of the southern boundary of this site and will function and be classified
as a collector street once it extends to Meridian Road.
Landscaping: Street buffer landscaping is required to be provided in accord with UDC Table 11-
2B-3 on the C-C zoned portion of the site; the UDC does not require street buffers in the TN-C
district.
A 35-foot wide street buffer is required along E. Chinden Blvd., an entryway corridor, per UDC
Table 11-2B-3 in the C-C district and along the frontage of the site per the development
agreement; a 40-foot wide buffer is proposed. A 20-foot wide buffer is required along N. Fox Run
Way, a collector street, per UDC Table 11-2B-3 as proposed. North Meridian Road is also
designated as an entryway corridor, which typically requires a 35-foot wide street buffer;
however, the TN-C district does not require a buffer. Because a 25-foot wide buffer is proposed
by the applicant, staff recommends a minimum 25-foot wide street buffer is provided – preferably
EXHIBIT A
Paramount North Forty – PP H-2015-0034 PAGE 7
a 35-foot wide buffer. Landscaping within the street buffers is required in accord with the
standards listed in UDC 11-3B-7C.
Tree Mitigation: There are no existing trees on the site.
Pathways: The Pathways Master Plan depicts a regional pathway across this site from the
southwest corner of the site at Fox Run to the northeast corner of the site at the Chinden/Meridian
intersection.
A 10-foot wide multi-use pathway within a public use easement is required to be constructed
along the west side of N. Meridian Road and along the north side of W. Director Street in accord
with the Pathways Master Plan; . A 10-foot wide multi-use pathway is also required to be
constructed within the landscape buffer along E. Chinden Blvd. per UDC 11-3H-4C.4.
Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. A
minimum 5-foot wide detached sidewalk is required along N. Fox Run Way; a 4-foot wide
sidewalk exists currently. The sidewalk should be widened or reconstructed to 5 feet in width; or,
5’ x 5’ turnout areas may be provided every 200 feet to comply with current ADA standards and
UDC 11-3A-17.
Utilities: Street lighting is required to be installed within the development in accord with the
City’s adopted standards, specifications and ordinances.
A street light plan is required 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.
All development is required to connect to the City water and sewer system unless otherwise
approved by the City Engineer in accord with UDC 11-3A-21.
Adequate fire protection is required in accord with the appropriate fire district standards per UDC
11-3A-21.
Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in
the subdivision in accord with UDC 11-3A-15.
Storm Drainage: A storm drainage system is required for the development in accord with the
City’s adopted standards, specifications and ordinances. Design and construction shall follow best
management practice as adopted by the City in accord with UDC 11-3A-18. A note on the plat
states that all storm drainage will be retained on-site.
Waterways: The North Slough Drain runs east/west across this site and there is a concrete
irrigation ditch that runs along the north and east boundaries of the site. An underground 12” pipe
also feeds an above ground gated irrigation pipe. All ditches are required to be piped in accord
with UDC 11-3A-6 unless left open and used as a water amenity (as defined in UDC 11-1A-1) or
linear open space. Piping may take place with each final plat phase of development.
Floodplain: This site does not lie within the floodplain.
Building Elevations: The applicant has submitted conceptual building elevations for the assisted
living facility proposed on Lot 3 that are included in Exhibit A.4. The future building is required
to comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the
Meridian Design Manual or any updated versions thereof.
Staff recommends approval of the proposed preliminary plat request for this site with the
recommended conditions listed in Exhibit B of this report in accord with the findings contained in
Exhibit C.
EXHIBIT A
Paramount North Forty – PP H-2015-0034 PAGE 8
X. EXHIBITS
A. Drawings/Other
1. Zoning/Aerial Map
2. Proposed Preliminary Plat (dated: November 2015)
3. Proposed Landscape Plan (dated: 12/10/15)
4. Conceptual Building Elevations of the Assisted Living Facility Proposed on Lot 3, Block 1
B. Agency & Department Comments/Conditions
C. Required Findings from Unified Development Code
EXHIBIT A
Exhibit A Page 1
A. Drawings
1. Zoning/Aerial Map
EXHIBIT A
Exhibit A Page 2
2. Proposed Preliminary Plat (dated: November 2015)
EXHIBIT A
Exhibit A Page 3
3. Proposed Landscape Plan (dated: 12/10/15)
EXHIBIT A
- 1 -
EXHIBIT A
- 2 -
4. Conceptual Building Elevations of the Assisted Living Facility Proposed on Lot 3, Block 1
EXHIBIT A
- 3 -
EXHIBIT A
- 4 -
EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS
1. PLANNING DEPARTMENT
1.1 Site Specific Conditions of Approval
1.1.1 The developer shall comply with all previous conditions of approval associated with this site and
the provisions in the development agreement (Instrument No. 103137116, amended as Instrument
No. 113083665) and the amended development agreement associated with H-2015-0022.
1.1.2 The preliminary plat included in Exhibit A.2, dated November 2015, is approved as submitted.
1.1.3 The landscape plan included in Exhibit A.4, dated 5/8/15, shall be revised as follows:
a. A minimum 5-foot wide detached sidewalk is required along N. Fox Run Way, a collector
street, within a 20-foot wide common lot landscaped in accord with the standards listed in
UDC 11-3B-12C and 11-3A-17. An alternative to reconstructing the sidewalk is to provide 5’
x 5’ turnout areas every 200 feet to comply with ADA standards.
b. A detached 10-foot wide multi-use pathway is required in the street buffer within a public use
easement along the west side of N. Meridian Road in accord with the Pathways Master Plan.
c. A detached 10-foot wide multi-use pathway is also required within a public use easement in
the street buffer along E. Chinden Blvd. per UDC 11-3H-4C.4.
The street buffers and pathways may be constructed with each final plat phase of development.
1.1.4 The developer shall provide a minimum 25-foot wide landscape buffer (preferably a 35-foot wide
buffer) along N. Meridian Road, an entryway corridor, as proposed.
1.1.5 The developer shall provide future right-of-way for the expansion of Chinden Boulevard/US 20-
26 as required by the Idaho Transportation Department.
1.1.6 All irrigation ditches, laterals, canals and drains on the site shall be piped or otherwise covered
unless proposed as a water amenity or linear open space in which case they may be left open, in
accord with UDC 11-3A-6A.
1.1.7 A street light plan is required 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
1.1.8 The developer shall construct all proposed fencing and/or any fencing required by the UDC,
consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the C-C and TN-C zoning districts
listed in UDC Tables 11-2B-2 and 11-2D-2 respectively.
1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets.
1.2.3 Construct on-street bikeways on all collector streets as set forth in UDC 11-3A-5.
1.2.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
1.2.5 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.
1.2.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.2.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J.
EXHIBIT A
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1.2.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6
for single-family dwellings.
1.2.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-
7C.
1.2.10 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-
11C.
1.2.11 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5
and 11-3B-7C.
1.2.12 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3,
including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements,
blocks, street buffers, and mailbox placement.
1.2.13 Protect any existing trees on the subject property that are greater than four-inch caliper and/or
mitigate for the loss of such trees as set forth in UDC 11-3B-10.
1.2.14 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
1.3 Ongoing Conditions of Approval
1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets
the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth
in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14.
1.3.2 All common open space and site amenities shall be maintained by an owner's association as set
forth in UDC 11-3G-3F1.
1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of
approval associated with this site.
1.3.4 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.
1.3.5 The applicant shall have an ongoing obligation to maintain all pathways.
1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
1.3.7 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.
1.4 Process Conditions of Approval
1.4.1 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.
1.4.2 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.
1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary
plat as set forth in UDC 11-6B-3C2.
EXHIBIT A
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1.4.4 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 (if applicable).
1.4.5 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.
1.4.6 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 11-3B-14A.
2. PUBLIC WORKS DEPARTMENT
2.1 SITE SPECIFIC CONDITIONS OF APPROVAL
2.1.1 A water main extension will be required through Lot 3, Block 1for a loop connection to the future
residential area east of Lot 3, Block 1.
2.1.2 A street light plan needs 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.
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 receiving development plan approval.
2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer.
EXHIBIT A
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2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC
11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any
other applicable law or regulation.
2.2.7 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,
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.
EXHIBIT A
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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.
2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-221.
3. POLICE DEPARTMENT
3.1 The Police Department has no comment on this application.
4. FIRE DEPARTMENT
4.1 The Fire Department has no comment on this application.
5. REPUBLIC SERVICES
5.1 Republic Services has no comments on this application.
6. PARKS DEPARTMENT
6.1 The developer shall provide a public pedestrian pathway easement and construct a 10-foot wide
multi-use pathway along the Chinden Blvd. frontage.
6.2 The developer shall provide a public pedestrian easement and construct a 10-foot wide multi-use
pathway along the Meridian Road frontage.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 Dedicate 38-feet of right-of-way from the north property line south for approximately 600-feet
tapering to 50-feet of right-of-way from centerline of Meridian Road at the south property line
abutting the site. No additional compensation for the additional right-of-way dedication necessary
for the construction of the right turn lane.
EXHIBIT A
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7.1.2 Improve Meridian Road with minimum 17-feet of pavement from centerline plus a 3-foot wide
gravel shoulder; and construct a detached 5-foot wide sidewalk, located a minimum of 29-feet
from the centerline of Meridian Road abutting the site.
7.1.3 Provide a permanent right-of-way easement for any sidewalk placed outside of the dedicated
right-of-way abutting the site.
7.1.4 Reconstruct the sidewalk to be 5-feet in width or provide 5’ X 5’ turnout areas every 200 feet
from the north end of Fox Run Way to the south property line abutting the site to meet ADA
standards.
7.1.5 Other than the access specifically approved with this application, direct lot access is prohibited to
Meridian Road, SH-20/26 /Chinden Boulevard, and Director Street and should be noted on the
final plat.
7.2 Standard Conditions of Approval
7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all
easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way
(including all easements).
7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the
ACHD right-of-way.
7.2.3 In 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
Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of
ADA compliance to District Development Review staff for review.
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 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.7 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.
7.2.8 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.
7.2.9 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.
7.2.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
EXHIBIT A
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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 ACHD. The burden shall be upon the applicant to obtain written confirmation of
any change from ACHD.
7.2.12 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
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D. 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 City Council finds that the proposed plat is in substantial compliance with the adopted
FLUM designations in the Comprehensive Plan of MU-C and MDR in regard to land use and
transportation. 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 City 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 City 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 City Council finds there is public financial capability of supporting services for the
proposed development based on comments from the public service providers (i.e., Police,
Fire, ACHD, etc.). (See Exhibit B for more detail.)
e. The development will not be detrimental to the public health, safety or general welfare;
and
The City Council finds the proposed development will not be detrimental to the public health,
safety or general welfare based on public testimony. ACHD considers road safety issues in
their analysis.