Birkdale Estates Subdivision H-2015-0021CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2015-0021
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
In the Matter of the Request for Annexation and Zoning of 10.06 Acres of Land with an R-2 Zoning
District; and Preliminary Plat Consisting of Fifteen (15) Building Lots and Five (5) Common Lots on
10.06 Acres of Land for Birkdale Estates Subdivision, located near the southeast corner of N. Meridian
Road and E. Chinden Blvd. (Parcel #: R1002730100), by Douglas and Stephanie Beehler.
Case No(s ). H-2015-0021
For the City Council Hearing Date of: February 2, 2016 (Findings on February 16, 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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2015-0021
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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 annexation approval is subject to a development agreement containing the provisions in
the attached Staff Report for the hearing date of February 2, 2016, incorporated by reference.
C. Decision and Order
Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant’s request for annexation and zoning was approved with an R-2 zoning district
with the requirement of a Development Agreement with the provisions noted in the Staff
Report for the hearing date of February 2, 2016, attached as Exhibit A.
2. The applicant’s request for a preliminary plat is hereby approved based on the findings in the
Staff Report for the hearing date of February 2, 2016, attached as Exhibit A.
D. Notice of Applicable Time Limits
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 11-5B-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 11-5B-3F).
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
4t �—
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 IN
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER) -- ._ _.......
Mayor Tam eerd
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Attest:
City of
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City Clerk
Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney.
By: Dated: �4
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2015-0021
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EXHIBIT A
H-2015-0021 Birkdale Estates Subdivision –AZ, PP PAGE 1
STAFF REPORT
Hearing Date: February 2, 2016
TO: Mayor and City Council
FROM: Josh Beach, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: H-2015-0021 Birkdale Estates Subdivision –AZ, PP
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, EGC Development, LLC, has submitted an application for annexation and zoning (AZ)
of 10.06 acres of land with an R-2 zoning district. A preliminary plat (PP) is also proposed consisting
of 15 single-family residential building lots and 5 common lots on 10.06 acres of land for Birkdale
Estates Subdivision. See Section IX of the staff report for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ and PP applications in accord with the conditions of
approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. Planning &
Zoning Commission heard these items on December 17, 2015 and January 7, 2016. At the public
hearings, the Commission moved to recommend approval of the subject AZ and PP requests.
a. Summary of Commission Public Hearing:
i. In favor: None
ii. In opposition: Tom Rieke
iii. Commenting: Pat Tealey, Bill Fremgen and Vince Murphy
iv. Written testimony: None
v. Staff presenting application: Josh Beach
vi. Other staff commenting on application: None
b. Key Issue(s) of Discussion by Commission:
i. Proposed open space and site amenities for the prepared subdivision.
ii. General traffic and construction traffic through the established subdivisions to the west
and south of the proposed subdivision.
iii. The road layout changing to meet the block length requirements of the UDC.
c. Key Commission Change(s) to Staff Recommendation:
i. Removal of condition 1.1.1B, referencing the length of the cul-de-sac (cul-de-sac has
been removed from the plan) (See condition 1.1.1B).
ii. Remove condition 1.1.1C, referencing the micropath that was to be constructed from
the now removed cul-de-sac (See condition 1.1.1C).
iii. Modify condition of approval 1.1.2I to remove Lot 8, Block 3, which was the old
micropath and add Lot 5, Block 3, which is the new proposed micropath on the
southern portion (See condition 1.1.2I)
iv. Add a site specific condition that requires the applicant to construct homes consistent
with the proposed elevations (See condition 1.1.2J).
d. Outstanding Issue(s) for City Council: None
EXHIBIT A
H-2015-0021 Birkdale Estates Subdivision –AZ, PP PAGE 2
The Meridian City Council heard this item on February 2, 2016. At the public hearing, the
Council moved to approve the AZ request.
a. Summary of City Council Public Hearing:
i. In favor: Kyle Enzler
ii. In opposition: Pat Tealey
iii. Commenting: Pat Tealey, Kyle Enzler
iv. Written testimony: None
v. Staff presenting application: Josh Beach
vi. Other staff commenting on application: None
b. Key Issues of Discussion by Council:
i. Open Space requirements will need to met
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 Number H-2015-
0021, 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-2015-0021,
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-2015-0021 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 near the southeast corner of N. Meridian Road and E. Chinden Blvd. (Parcel #:
R1002730100)
B. Owner/Applicant(s):
Douglas and Stephanie Beehler
556 Knob Hill Ct.
Eagle, ID 83616
C. Agent:
EGC Development
13601 McMillan Rd. Suite 102-137
Boise, ID 83713
V. PROCESS FACTS
A. The subject application is for annexation and zoning and preliminary plat. A public hearing is
required before the Planning & Zoning Commission and City Council on this matter, consistent
with Meridian City Code Title 11, Chapter 5.
EXHIBIT A
H-2015-0021 Birkdale Estates Subdivision –AZ, PP PAGE 3
B. Newspaper notifications published on: November 30, and December 14, 2015 (Commission);
January 11 and January 25, 2016 (Council)
C. Radius notices mailed to properties within 300 feet on: November 23, 2015 (Commission);
January 14, 2016 (Council)
D. Applicant posted notice on site(s) on: December 8, 2015 (Commission); January 25, 2016
(Council)
VI. LAND USE
A. Existing Land Use(s) and Zoning: This site is vacant property, zoned RUT in Ada County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Commercial property, zoned RUT (Ada County)
2. East: Residential and Agricultural, zoned RUT (Ada County)
3. South: Single-family residential properties in Saguaro Canyon Subdivision, zoned R-4
4. West: Single-family residential properties in Hacienda Subdivision, zoned R-8; Agricultural
property/church, zoned RUT (Ada County)
C. History of Previous Actions: The subject property platted as part of the Blythe Estates
Subdivision in Ada County.
D. Utilities:
1. Location of sewer: Sanitary sewer intended to provide service to the subject parcel currently
exists in E. Rio Colinas Drive.
2. Location of water: Water mains intended to provide service to the subject parcel currently
exists in E. Rio Colinas Drive and N. Claret Cup Way.
3. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: The North Slough runs across this site and will be tiled as part of
the development.
2. Hazards: Staff is unaware of any known hazards on the property
3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The Comprehensive Plan Future Land Use Map (FLUM) designates this site as Medium Density
Residential (MDR). MDR designated areas allow smaller lots for residential purposes within City
limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre
(d.u./acre).
The applicant proposes to annex the subject property with an R-2 zoning district and develop 15
single-family residential detached homes on the site. The gross density is 1.49 dwelling units (d.u.)
per acre. Staff considers this project to be generally compliant with the recommended density for this
area. The applicant has requested a step down in density for the development. A step down in density
is allowed by the Future Land Use Map as long as the change is within one “step” of the map
designation (Medium to Low in this instance). After considering all of these factors staff believes that
the proposed development is generally consistent with comprehensive plan.
EXHIBIT A
H-2015-0021 Birkdale Estates Subdivision –AZ, PP PAGE 4
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 ):
• “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 low density residential development should contribute to the variety of
residential uses that exist in this area and provides a transition in lots sizes between the R-8
and R-4 residential subdivisions developed in the area
• “Require common area in all subdivisions.” (3.07.02F)
The proposed plat depicts a total of .67 acres (or 6.6%) of qualified open space/common area
to be provided on the site. This does not meet the requirements of UDC 11-3G-3. (See
preliminary plat analysis below).
• “Require usable open space to be incorporated into new residential subdivision plats.”
(3.07.02A)
The applicant is providing a pool/barbeque area as well as a potential micropath connection
if one is provided from the adjacent property to the east. The applicant is providing more
amenities that what is required by the UDC.
• “Review new development for appropriate opportunities to connect local roads and collectors
to adjacent properties (stub streets).”(3.03.02O)
The proposed plat depicts connections to existing stub streets to the south (N. Claret Cup
Way.) and west (E. Rio Colinas Drive) for interconnectivity, and a proposed stub street to the
east. The cul-de-sac length does not meet the requirements of UDC11-6C-3. In order to meet
that requirement, staff recommends that the plat be modified to provide a stub street to the
north.
• “Require new residential development to meet development standards regarding landscaping,
signage, fences and walls, etc.” (3.05.02C)
The proposed development will be required to comply with the open space requirements in
effect at the time of final plat submittal as set forth in UDC 11-3G-3, and the fencing
requirements set forth in UDC 11-3A-7.
• “Require new residential development to provide permanent perimeter fencing, and fencing
to contain construction debris on site and prevent windblown debris from entering adjacent
agricultural and other properties.” (3.05.03G)
The proposed subdivision will be required to install temporary construction fencing during
construction and will be required to submit a fencing plan for the perimeter of the
development with the submittal of the final plat.
• “Reduce the number of existing access points onto arterial streets by using methods such as
cross-access agreements, access management, and frontage / backage roads.” (3.03.02N)
The property has an existing easement that provides direct access to E. Chinden Blvd. Direct
access to an arterial is prohibited under UDC11-3H-4, so the applicant should be required to
vacate the easement as part of the proposed development.
• “Require pedestrian access connectors in all new development to link subdivisions together
to promote neighborhood connectivity as part of a community pathway system.” (3.03.03B)
EXHIBIT A
H-2015-0021 Birkdale Estates Subdivision –AZ, PP PAGE 5
The proposed development will tie into the existing public sidewalks system developed with
the existing residential subdivisions.
• “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 will be extended with the development of the site in accord with UDC 11-3A-21.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone: Per UDC 11-2A-1, 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. The low density
residential (R-2) district allows 3 dwelling units per acre or less.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted
(P), accessory (A), conditional (C), and prohibited (-) uses in the R-2 zoning district. Any use not
explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the property for
single-family detached dwellings is a principal permitted use in the R-2 zoning district.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Table 11-2A-4 for the R-2 zoning district.
D. Common Open Space and Site Amenities: Open space and site amenities for the development
shall be installed in accordance with the open space requirements in effect at the time of final plat
application will be applied
E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single-
family dwellings.
F. Subdivision Design and Improvement Standards: The subdivision must comply with the
subdivision design standards outlined in UDC 11-6C-3.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
1. Annexation & Zoning
The applicant has applied to annex and zone a total of 10.06 acres of land with an R-2 zoning
district. As discussed above in Section VII, the proposed zoning is consistent with the
corresponding FLUM designation of MDR. The applicant has requested a step down in density
for the development. A step down in density is allowed by the Future Land Use Map as long as
long as the change is within one “step” of the map designation (Medium to Low in this instance).
The applicant proposes to develop 15 single-family homes on the site as shown on the
preliminary plat in Exhibit A.2.
The legal description submitted with the application, included in Exhibit C, shows the boundaries
of the property proposed to be annexed and zoned. The property is contiguous to land that has
been annexed into the City and is within the Area of City Impact boundary. Because this is a low
density development, staff is not recommending a development agreement with the annexation of
the property.
2. Preliminary Plat
The proposed plat consists of 15 single-family residential building lots and 5 common area lots
EXHIBIT A
H-2015-0021 Birkdale Estates Subdivision –AZ, PP PAGE 6
on 10.06 acres of land in a proposed R-2 zoning district. The average lot size in the proposed
development is 21,893 square feet. The proposed gross density of the subdivision is 1.49 dwelling
units per acre which is consistent with both the “step-down in density as allowed by the
comprehensive plan and the proposed R-2 zoning district.
Dimensional Standards: Staff has reviewed the proposed plat for compliance with the
dimensional standards listed in UDC Table 11-2A-4 for the R-2 district and found the plat in
compliance with those standards. The minimum lot size for a single-family detached dwelling is
12,000 square feet with 80 feet of frontage. The plat as submitted complies with the dimensional
standards of the UDC. Minimum home size is 1,500 square feet.
Block Length: The proposed plat does not comply with the maximum block length standards
listed in UDC 11-6C-3F. Specifically, the proposed cul-de-sac exceeds 450 feet as required by the
UDC. The proposed length of the cul-de-sac is approximately 680 feet in length. In order to meet
this requirement, the applicant must provide a stub street to the property to the north. Staff
recommends the applicant provide a modified plat prior to Commission hearing.
Access: Access to this site is provided from Elk Ranch Lane (Private Street) to Chinden
Boulevard. Access to this site is proposed on the plat via two existing stub streets, one in
Hacienda Subdivision to the west and one in Saguaro Canyon Subdivision to the south. Staff is
recommending an additional stub street to the property directly to the north (Parcel
#S0530212800).
Access to E. Chinden Blvd via Elk Ranch Lane is prohibited in accord with UDC 11-3H. The
access easement that provides direct access to Chinden Blvd. must be relinquished prior to
signature on the final plat.
Utilities: Street lighting is required to be installed within the development in accord with the
City’s adopted standards, specifications and ordinances. 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.
Fencing: At this time, there is existing 6-foot tall privacy fencing along the south and a portion of
the west boundary of the proposed development. The applicant shall provide 6-foot tall privacy
fencing along the border of the subdivision.
For the internal common lots the applicant is proposing to construct 4-foot tall vinyl fencing
consistent with the fencing standards set forth in UDC 11-3A-7.The developer shall install the
fencing to distinguish the common from private areas in accord with UDC 11-3A-A.7.
Temporary fencing shall be installed during construction and a detailed fencing plan should be
submitted with the final plat.
Open Space & Site Amenities: The applicant has proposed 6.6% open space (0.67 acres). This
does not meet the current requirements of the UDC. The applicant has been informed that the
City is in the process of modifying their open space requirements for subdivision that have lot
sizes in excess of 10,000 square feet. This plat can be approved as submitted; however, the
open space requirements in effect at the time of final plat application will be applied . So if
the open space standards are not changed in the UDC the applicant will redesign the plat to meet
the standards, or remove some lots to provide additional open space.
Amenities for the development include the following:
1) a pool,
2) a barbeque area
EXHIBIT A
H-2015-0021 Birkdale Estates Subdivision –AZ, PP PAGE 7
3) a micropath connection (if Bull Ranch Subdivision is approved). Staff is supportive of the
proposed amenities and open space prosed for the development.
Waterways: The North Slough runs across this site and will be tiled as part of the development.
No structures other than fences may be built within this easement without approval from the
easement holder. A license agreement should be obtained from Settlers Irrigation District
(NMID) for the lots that encroach within the easement area.
All four lots along the north boundary of the subdivision (Lots 4, 5, 6, and 7, Block 3) will be
encumbered by an irrigation easement that will reduce the buildable area of the lots.
Building Elevations: The applicant has submitted conceptual building elevations for the future
homes in this development, included in Exhibit A.4. Building materials are proposed to consist of
architectural shingles and stone columns or wainscot. Staff is in favor of the proposed elevations
with their associated architectural features. The applicant should construct homes within the
development that substantial comply with the submitted elevations as proposed.
In summary, Staff recommends approval of the proposed annexation and preliminary plat request
for this site .The recommended conditions are listed in Exhibit B of this report in accord with the
Findings contained in Exhibit D.
X. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
2. Proposed Preliminary Plat (dated: 11/0412/28/2015)
3. Proposed Landscape Plan (dated: 12/07/15 01/07/2016)
4. Conceptual Building Elevations
B. Agency & Department Comments/Conditions
C. Legal Description & Exhibit Map for Annexation Boundary
D. Required Findings from Unified Development Code
EXHIBIT A
AZ-15-013; PP-15-017 – Bull Ranch Subdivision PAGE 7
A. Drawings
1. Vicinity Map
EXHIBIT A
Birkdale Estates Subdivision – H-2015-0021 AZ, PP PAGE 8
2. Proposed Preliminary Plat (dated: 12/28/2015)
EXHIBIT A
Birkdale Estates Subdivision – H-2015-0021 AZ, PP PAGE 9
3. Proposed Landscape Plan (dated: 01/07/2016)
EXHIBIT A
Birkdale Estates Subdivision – H-2015-0021 AZ, PP PAGE 10
EXHIBIT A
Birkdale Estates Subdivision – H-2015-0021 AZ, PP PAGE 11
4. Conceptual Building Elevations
EXHIBIT A
Birkdale Estates Subdivision – H-2015-0021 AZ, PP PAGE 12
B. AGENCY & DEPARTMENT COMMENTS/CONDITIONS
1. PLANNING DIVISION
1.1 Site Specific Conditions of Approval
1.1.1 The preliminary plat included in Exhibit A.2 dated 11/04/2015 shall be revised as follows:
a. Direct lot access to Chinden Boulevard is prohibited. Prior to signature on the final plat, the
applicant shall vacate the existing 75’ X 75’ private road easement.
b. The proposed cul-de-sac does not meet the requirements of UDC-11-6C-3, which limits the
length of a cul-de-sac to 450 feet in length. In order to meet this requirement, the applicant
shall provide a stub street to the property to the north (parcel #S0530212800). The plat will
shall be modified prior to the Commission hearing.
c. Bull Ranch subdivision was recently denied by City Council; however, the applicant has
requested reconsideration by City Council. If Bull Ranch Subdivision is approved as
presented to City Council, the proposed micropath connection in the proposed Birkdale
Estates Subdivision shall be constructed as shown on the preliminary plat. If Bull Ranch
Subdivision is denied, the proposed micropath connection proposed in this application shall
not be constructed.
1.1.2 The landscape plan included in Exhibit A.3 dated 12/07/15 shall be revised as follows:
a. If mitigation is required for any existing trees on the site that are proposed to be removed,
such information shall be included on the plan in accord with UDC 11-3B-10C.5.
b. 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. The developer shall install all fencing
adjacent to internal common areas to distinguish the common from the private areas in accord
with UDC 11-3A-A.7.
c. 6-foot privacy fencing shall be installed along the boundaries of the subdivision where
current privacy fencing does not yet exist.
d. Temporary fencing shall be installed on the property during construction.
e. Prior to the Commission hearing, all amenities including the pool, and barbeque area
shall be shown on the landscape plan.
f. The pool facility shall require CZC and DES from the Planning Division prior to
construction.
g. The proposed development will be required to comply with the open space requirements
in effect at the time of final plat submittal as set forth in UDC 11-3G-3.
h. A license agreement shall be obtained from Settlers Irrigation District (NMID) for the lots
that encroach within the easement area.
i. The micropath proposed for Lot 8 Lot 5 , Block 3 shall meet the requirements of UDC section
11-3A-8 and 11-3B-12.
1.1.3 The applicant shall construct homes consistent with the proposed elevations attached in
Exhibit A.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the R-2 zoning district listed in UDC
Table 11-2A-4.
EXHIBIT A
Birkdale Estates Subdivision – H-2015-0021 AZ, PP PAGE 13
1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. Direct lot access to N.
Chinden Blvd. is prohibited.
1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
1.2.4 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.
1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J.
1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6
for single-family dwellings.
1.2.8 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-
11C.
1.2.9 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.
1.2.10 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.
1.2.11 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 has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
1.3.6 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.
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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.
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 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
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
Birkdale Estates Subdivision – H-2015-0021 AZ, PP PAGE 15
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
Birkdale Estates Subdivision – H-2015-0021 AZ, PP PAGE 16
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 concerns with this application.
4. FIRE DEPARTMENT
4.1.1 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.
4.1.2 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.
4.1.3 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
4.1.4 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire
Code Sections 503.4 & D103.6.
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Birkdale Estates Subdivision – H-2015-0021 AZ, PP PAGE 17
4.1.5 All common driveways shall be straight or have a turning radius of 28’ inside and 48’ outside and
have a clear driving surface of 20’ in width capable of supporting an imposed weight of 75,000
GVW, per International Fire Code Section 503.2.
4.1.6 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.
4.1.7 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.
4.1.8 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices
installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141,
Section A5.2.18.
5. REPUBLIC SERVICES
5.1 Republic Services has no concerns with this application.
6. PARKS DEPARTMENT
6.1 The Parks Department has no concerns with this application.
7. ADA COUNTY HIGHWAY DISTRICT (ACHD COMMENTS FORTHCOMING)
7.1 SITE SPECIFIC CONDITIONS OF APPROVAL
7.1.1 Construct the internal streets as 33-foot street sections with curb, gutter, and 5-foot wide attached
sidewalk within 46-feet of right-of-way.
7.1.2 Construct the cul-de-sac at the terminus of Lockhart Place with a minimum 45-foot turning
radius.
7.1.3 If Birkdale Estates is constructed prior to Bull Ranch, the applicant should be required to provide
a temporary cul-de-sac at the terminus of Rio Colinas Drive and install signage at the terminus of
the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE.”
7.1.4 If Rio Colinas Drive is stubbed to the east; the applicant should provide a temporary easement
onto any buildable lot that includes the turnaround. The entire lot shall be encumbered by the
easement and identified on the plat as a non-buildable lot until the street is extended.
7.1.5 Payment of impacts fees are due prior to issuance of a building permit.
7.1.6 Comply with all Standard Conditions of Approval.
7.2 STANDARD CONDITIONS OF APPROVAL
7.1.1 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).
7.1.2 Private Utilities including sewer or water systems are prohibited from being located within the
ACHD right-of-way.
7.1.3 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 Development Review staff for review.
7.1.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
EXHIBIT A
Birkdale Estates Subdivision – H-2015-0021 AZ, PP PAGE 18
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.1.5 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.
7.1.6 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.1.7 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.
7.1.8 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.
7.1.9 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.
7.1.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
7.1.11 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.
7.1.12 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 waive
EXHIBIT A
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C. Legal Description & Exhibit Map for Annexation Boundary
EXHIBIT A
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EXHIBIT A
Birkdale Estates Subdivision – H-2015-0021 AZ, PP PAGE 21
D. Required Findings from Unified Development Code
1. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation, 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 annex the subject property with an R-2 zoning district and
proposes a gross density of 1.49 dwelling units per acre consistent with the FLUM
designation of MDR. Therefore, Council finds that the proposed map amendment complies
with the provisions of the Comprehensive Plan and should be compatible with adjacent
residential uses (see section VII above for more information).
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-2 zoning district is consistent
with the purpose statement for the residential districts as detailed in Section VIII above.
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 considers any oral or written testimony that may be provided when determining 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 is in the best of interest of the City (UDC 11-5B-3.E).
The Council finds annexing this property with an R-2 zoning district is in the best interest of
the City if the applicant adheres to all of the conditions contained in Exhibit B of the staff
report..
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
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 .
EXHIBIT A
Birkdale Estates Subdivision – H-2015-0021 AZ, PP PAGE 22
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The Council finds that public services will be provided to the subject property upon
development. (See Exhibit B of the Staff Report for more details from public service
providers.)
c. The plat is in conformance with scheduled public improvements in accord with the
City’s capital improvement program;
Because City water and sewer and any other utilities will be provided by the development
at their own cost, 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 relies 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.
Council considers any public testimony that may be presented when determining whether
or not the proposed subdivision may cause health, safety or environmental problems of
which Council is unaware.
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,
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
may consider any public testimony that may be presented to determine whether or not the
proposed development may destroy or damage a natural or scenic feature(s) of major
importance of which Commission is unaware.