Cherry Blossom Subdivison H-2018-0018 RZ, PPCITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0018 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for Rezone of 10.74 Acres of Land from the R-4 to the R-8 Zoning
District; and Preliminary Plat Consisting of 47 Single-Family Residential Building Lots and 11
Common Lots on 10.25 Acres of Land for Cherry Blossom Subdivision, by Doug Jayo, Jayo Land
Development Company, Inc..
Case No(s). H-2018-0018
For the City Council Hearing Date of: August 21, 2018 (Findings on September 4, 2018)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of August 21, 2018, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of August 21, 2018, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of August 21,
2018, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of August 21, 2018, 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.
Meridian City Council Meeting Agenda September 4, 2018 – Page 197 of 461
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0018 - 2 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of August 21, 2018, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant’s request for Rezone and Preliminary Plat is hereby approved per the conditions
of approval in the Staff Report for the hearing date of August 21, 2018, attached as Exhibit A.
A Development Agreement is required as a provision of the Rezone.
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).
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six (6) months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
Meridian City Council Meeting Agenda September 4, 2018 – Page 198 of 461
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0018 - 3 -
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 six (6) month approval
period.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of August 21, 2018
Meridian City Council Meeting Agenda September 4, 2018 – Page 199 of 461
By action of the City Council at its regular meeting held on the q+h day of P-Mber,
2018.
COUNCIL PRESIDENT JOE BORTON VOTED /&
COUNCIL VICE PRESIDENT LUKE CAVENER VOTED A
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED / &I
COUNCIL MEMBER TY PALMER VOTED `leo
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COUNCIL MEMBER GENESIS MILAM VOTED y,f4
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0018 - 4 -
Cherry Blossom Subdivision – RZ, PP H-2018-0018 PAGE 1
STAFF REPORT
Hearing Date: August 21, 2018
TO: Mayor & City Council
FROM: Sonya Allen, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Cherry Blossom Subdivision – RZ, PP (H-2018-0018)
Note: The original application submitted by the Applicant contained 59 building lots and 10 common
lots. A revised application and preliminary plat was submitted on June 8, 2018 that reflects 12 fewer
building lots and a revised lot configuration based on earlier discussions with Staff. The information
contained in this report is based on the revised application submittal.
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Doug Jayo, Jayo Land Development Company, Inc., has submitted an application for
rezone (RZ) of 10.74 acres of land from the R-4 to the R-8 zoning district; and a preliminary plat (PP)
consisting of 47 single-family residential building lots and 11 common lots on 10.25 acres of land for
Cherry Blossom Subdivision.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed RZ 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.
The Meridian Planning & Zoning Commission heard these items on April 19, May 17 and June
21, 2018. At the public hearing on June 21st, the Commission moved to recommend approval of
the subject RZ and PP requests.
a. Summary of Commission Public Hearing:
i. In favor: Jon Breckon, Breckon Land Design (Applicant’s Representative); Howie Long
ii. In opposition: Wyatt Dryden; Ingrid Dryden; Debra Nicholson; Todd Hanson;
Marjorie Williams; Justin Williams
iii. Commenting: Jamie Elliott, Bill Luke
iv. Written testimony: None
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. In favor of the single-story homes proposed and the reduction in the number of homes
proposed from the original application;
ii. Concern pertaining to an increase in traffic from the proposed development and impact
on adjacent residences and children walking to school (there are no sidewalks along 7th
St.) – suggestion of a 3-way stop on 7th Street where the crosswalk leading to the school
is located at the entry to the development for safety;
iii. Desire for more trees to be provided within the development;
iv. Would like more of a transition in lot sizes from the adjacent subdivision to the west;
v. Concern regarding common driveway (depicted on the plat as W. Cherry Ave.)/private
driveway conflicts for the proposed lots and existing properties at the southeast corner
EXHIBIT A
Meridian City Council Meeting Agenda September 4, 2018 – Page 201 of 461
Cherry Blossom Subdivision – RZ, PP H-2018-0018 PAGE 2
of the site off N.W. 4th Street and whether or not an easement exists for access to the
proposed lots via N.W. 4th St.
vi. Concern regarding continuance of irrigation service/rights;
vii. Concern regarding safety of children walking down 7th St. & Washington St. with no
sidewalks to get to/from school – would like to see pathway through the site for children
to use;
c. Key Issues of Discussion by Commission:
i. The provision of another site amenity as recommended by Staff and what kind of
amenity would be appropriate (probably something other than a tot lot since the
demographic will be 55+);
ii. Concern regarding feasibility of development of the lots at the southeast corner of the
site accessed off N.W. 4th St. pertaining to the access.
iii. The Commission liked the changes to the plat including the reconfiguration and
reduction in the number of lots, single-level homes and increased common area.
d. Commission Change(s) to Staff Recommendation:
i. Additional site amenity (see condition #1.1.7)
e. Outstanding Issue(s) for City Council:
i. None
The Meridian City Council heard these items on August 21, 2018. At the public hearing, the
Council approved the subject RZ and PP requests.
a. Summary of City Council Public Hearing:
i. In favor: Jon Breckon, Breckon Land Design (Applicant’s Representative);
i. In opposition: None
ii. Commenting: Harley Parson; Justin Williams; Kent Brown
iii. Written testimony: None
iv. Staff presenting application: Sonya Allen
v. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. Would like multi-generational amenities to be provided;
ii. Legitimacy of the existing access easement for access to the three proposed lots at the
southeast corner of the subdivision from N.W. 4th Street;
iii. Would like more of a transition in lot sizes along the west boundary of the development;
iv. The alignment of the Cedarburg St/N.W. 7th St. intersection and the crosswalk.
c. Key Issues of Discussion by Council:
i. Legitimacy of the existing access easement for access to the three proposed lots at the
southeast corner of the subdivision from N.W. 4th Street;
ii. Determination of what type of amenity should be provided in addition to the multi-use
pathway;
iii. The provision of a safe pedestrian crosswalk across N.W. 7th St.
d. Key Council Changes to Commission Recommendation
i. Comply with ACHD’s conditions of approval, specifically if there is a requirement for a
crosswalk connection or safe access across N.W. 7th Street.
ii. The Council stated a preference for the additional site amenity required in condition
#1.1.7 to be children’s play equipment in a tot lot.
Meridian City Council Meeting Agenda September 4, 2018 – Page 202 of 461
Cherry Blossom Subdivision – RZ, PP H-2018-0018 PAGE 3
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2018-
0018, as presented in the staff report for the hearing date of August 21, 2018, with the following
modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0018,
as presented during the hearing on August 21, 2018, for the following reasons: (You should state
specific reasons for denial)
Continuance
I move to continue File Number H-2018-0018 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 615 W. Cherry Ln., in the NE ¼ of Section 12, Township 3N., Range 1W.
(Parcel #R8512250150, R8512250140, S1212120850, and S1212120695).
Note: Staff reviewed the warranty deed (recorded as Instrument #329628) for parcel
#S1212120695 at the southeast corner of this site included in the plat as Lots 16-19 and has
verified it is an original parcel of record as defined in UDC 11-1A-1.
B. Owner:
Jayo Holdings, LLC
10564 W. Business Park Ln.
Boise, ID 83709
C. Applicant:
Doug Jayo, Jayo Land Development Company, Inc.
10564 W. Business Park Ln.
Boise, ID 83709
D. Representative:
Jon Breckon, Breckon Land Design
6661 N. Glenwood St.
Garden City, ID 83714
E. Applicant's Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject application is for rezone 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.
B. Newspaper notifications published on: March 30, 2018 (Commission); July 6, 2018 (City
Council)
C. Radius notices mailed to properties within 300 feet on: March 23, 2018 (Commission); June 29,
2018 (City Council)
Meridian City Council Meeting Agenda September 4, 2018 – Page 203 of 461
Cherry Blossom Subdivision – RZ, PP H-2018-0018 PAGE 4
D. Applicant posted notice on site(s) on: April 9, 2018 and June 12, 2018; August 7, 2018 (City
Council)
VI. LAND USE
A. Existing Land Use(s) and Zoning: The rezone area consists of rural residential land with an
existing home, zoned RUT in Ada County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: W. Cherry Lane and single-family residential property, zoned L-O
2. West, South & East: Single-family residential properties, zoned R-4 & R-8
C. History of Previous Actions: This property was annexed in 1959 (Ord. #99, Welker Subdivision
& J.L. Towne Subdivision) and 1965 (#145, Ayers) without a development agreement.
D. Utilities:
1. Location of sewer: Sanitary sewer service to this development will be via new mainline
extensions from the existing mains in NW 7th Street, W. McFadden Avenue, and W. Cherry
Avenue.
2. Location of water: Water service to this development will be via new mainline extensions
from the existing mains in NW 7th Street, W. McFadden Avenue, and W. Cherry Avenue.
3. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: The Hunter Lateral runs along the east side of this property and
was previously piped.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This site is not 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). The purpose 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
dwelling units per acre (d.u./acre).
The applicant proposes to develop this 10.25 acre site with 47 single-family residential detached
homes at a gross density of 4.6 dwelling units per acre (d.u./acre) consistent with the MDR FLUM
designation.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (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)
Meridian City Council Meeting Agenda September 4, 2018 – Page 204 of 461
Cherry Blossom Subdivision – RZ, PP H-2018-0018 PAGE 5
The proposed medium density development with single-family detached homes will contribute
to the variety of housing types in this area. Staff is unaware of how “affordable” the homes
will be.
“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 developer to the proposed lots with
development of the site in accord with UDC 11-3A-21.
“Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and
Jackson and Evans drainages) throughout commercial, industrial and residential areas.”
(5.01.01E)
The Hunter Lateral runs along the east boundary of this site and has been piped.
“Require common area in all subdivisions.” (3.07.02F)
Because this site is over 5 acres in size, the UDC (11-3G-3) requires a minimum of 10%
qualified open space to be provided within the development. The applicant is proposing 1.11
acres (or 10.8%) of qualified open space within the development (see Exhibit A.4).
“Review new development for appropriate opportunities to connect local roads and collectors
to adjacent properties (stub streets). (3.03.020)
The proposed plat depicts the extension of an existing stub street (W. McFadden Ave.) at the
northeast boundary of the site and a new street connecting to N.W. 7th Street to the west near
the south boundary of the site.
“Coordinate with public works, police, and fire departments on proposed annexation and
development requests, and the impacts on services.” (3.04.01H)
Staff has coordinated with public works, police and fire and has incorporated their comments
and conditions in this report.
“Develop pathways to connect Meridian with Boise, Nampa, Kuna and Eagle.” (6.01.02C)
The Pathways Master Plan depicts a segment of the City’s multi-use pathway system
east/west through this site near the southern boundary; a multi-use pathway is proposed
accordingly.
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 dimensional standards of the corresponding zone and
housing types that can be accommodated.
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 existing R-4 and proposed R-8
zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The
proposed use of the site for single-family detached dwellings is a principal permitted use in the R-
8 zoning district.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Table 11-2A-6 for the R-8 district.
D. Landscaping: Street buffer landscaping is required as set forth in UDC Table 11-2A-7 in accord
with the standards listed in UDC 11-3B-7C.
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Cherry Blossom Subdivision – RZ, PP H-2018-0018 PAGE 6
E. Subdivision Design and Improvement Standards: The subdivision must comply with the
subdivision design standards outlined in UDC 11-6C-3.
F. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single-
family dwellings.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
1. Rezone
The applicant has applied for a rezone of 10.74 acres of land from the R-4 to the R-8 zoning
district.
The applicant proposes to develop 47 new single-family residential detached homes on the
subject property as shown on the preliminary plat included in Exhibit A.2. The gross density
of the development is 4.6 units per acre which is consistent with that desired in MDR
designated areas per the Comprehensive Plan.
The legal description submitted with the application, included in Exhibit C, shows the
boundaries of the property proposed to be rezoned.
The City may require a development agreement (DA) in conjunction with a rezone pursuant
to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with
this application, staff recommends a DA as a provision of rezone with the provisions
included in Exhibit B.
2. Preliminary Plat
The proposed plat consists of a total of 47 building lots and 11 common lots on 10.25 acres of
land in the proposed R-8 zoning district (see Exhibit A.2). The applicant proposes to develop
single-family detached homes on this site that are a single-story in height. The subdivision is
proposed to develop in one phase.
The gross overall density for the subdivision is 4.6 dwelling units per acre (d.u./acre) with a
net density of 6.5 d.u./acre. The minimum property size proposed in this development is
4,986 square feet (or 0.11 of an acre) with an average property size of 6,840 square feet (or
0.16 of an acre). This subdivision is proposed to develop in one phase.
Existing Structure: There is an existing home and several accessory structures located on
the north end of this site that is proposed to be removed. All structures on the site shall be
removed prior to signature on the final plat by the City Engineer.
Dimensional Standards: Development of this site is required to comply with the
dimensional standards listed in UDC 11-2A-3 and Table 11-2A-6 for the proposed R-8
zoning district. Staff has reviewed the proposed plat and found it to be in compliance with the
R-8 dimensional standards.
Access: Two access points are proposed for the larger portion of this development. One via
the extension of an existing stub street (i.e. W. McFadden Ave.) from N. Crestmont Dr. at the
northeast corner of the site; and another at the southwest corner of the site via N.W. 7th St.
Access to the 3 parcels at the southeast corner of the site is proposed via a common
driveway from N.W. 4th Street across the adjacent parcel to the east. An access
easement is required for access to these lots across Parcel No. S1212120690; the
easement should specifically grant access to the proposed lots. The applicant is required
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Cherry Blossom Subdivision – RZ, PP H-2018-0018 PAGE 7
to submit a recorded copy of the easement with the final plat application that contains
those lots.
Stub Streets: Because the area surrounding this site is fully developed, no new stub streets
are proposed to adjacent properties.
Common Driveways: All common driveways are required to comply with and be
constructed per the standards listed in UDC 11-6C-3D. Three common driveways are
depicted on the plat that comply with UDC standards.
An exhibit is required to be submitted with the final plat application that depicts the
setbacks, fencing, building envelope, and orientation of the lots and structures accessed
by a common driveway. All lots that abut the common driveway but aren’t taking
access from the common driveway shall have driveways depicted on the opposite side of
the lot from the common driveway.
A perpetual ingress/egress easement is required to be filed with the Ada County
Recorder which shall include a requirement for maintenance of a paved surface capable
of supporting fire vehicles and equipment.
Parking: Off-street parking is required on each residential lot in accord with the standards
listed in UDC Table 11-3C-6 for single-family dwellings.
Landscaping: Landscaping is required to be provided in the subdivision in accord with the
standards listed in UDC 11-3B.
A 25-foot wide street buffer is required along W. Cherry Lane as set forth in UDC Table 11-
2A-6, landscaped in accord with the standards listed in UDC 11-3B-7C; the proposed
landscaping complies with UDC standards.
Landscaping is required to be provided in common areas as set forth in UDC 11-3G-3E.
Landscaping is required along pathways (micro-paths as well as multi-use pathways) as set
forth in UDC 11-3B-12C. Only vegetative groundcover is proposed within Lot 13, Block 4
along the micro-path; a minimum of one (1) tree is required to be provided. No
landscaping other than grass is proposed along the north side of the multi-use pathway; no
landscaping is proposed between the south side of the pathway and the curb. A minimum 5-
foot wide landscape strip is required between the curb and sidewalk with landscaping
on both sides of the pathway (including one tree per 100 lineal feet) per the standards
listed in UDC 11-3B-12C; or, submit an application for Alternative Compliance for
landscaping to only be provided on one side of the pathway since the pathway is taking
the place of the sidewalk in that area.
Tree Mitigation: Mitigation is required for all existing trees 4” caliper or greater that are
removed from the site with equal replacement of the total calipers lost on site up to an amount
of one hundred percent replacement as set forth in UDC 11-3B-10C.5.
Prior to removal of any of the existing trees from the site, the applicant should contact
Elroy Huff, City Arborist, to schedule an inspection. All mitigation information should
be included on a revised plan.
Open Space/Site Amenities: Qualified open space and site amenities are required to be
provided with developments 5 acres or more in size per UDC 11-3G-2. Based on the area of
the proposed development (i.e. 10.25 acres), a minimum of 1.03 acres of qualified open space
and one (1) site amenity is required.
The applicant proposes to provide 1.11 acres (or 10.8%) of qualified open space in accord
with UDC standards consisting of half the street buffer along W. Cherry Ln. and internal
Meridian City Council Meeting Agenda September 4, 2018 – Page 207 of 461
Cherry Blossom Subdivision – RZ, PP H-2018-0018 PAGE 8
common open space areas greater than 50’ x 100’ in area. (Note: The full buffer width along
Cherry was included in the calculations, however, there was also area outside of the 50’ x
100’ area that was not included that makes up the difference.)
The applicant proposes to construct a segment of the City’s multi-use pathway system
through this site as an amenity along the north side of Cedarburg Street with a micro-path
connection to an existing micro-path to the east. Staff recommends an additional amenity
such as children’s play equipment (or something else comparable) is provided; the
applicant should identify the additional amenity at the Commission hearing.
Pathways: The Pathways Master Plan depicts a segment of the City’s 10-foot wide multi-use
pathway system east/west through the southern portion of the site.
The pathway is required to be constructed in accord with the standards in the Plan and have
landscaping adjacent to the pathway in accord with the standards listed in UDC 11-3B-12C as
noted above under Landscaping.
Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17.
Five-foot wide attached sidewalks are proposed throughout the development in accord with
UDC standards. A detached sidewalk is typically required along arterial streets; however,
because an attached sidewalk exists along W. Cherry Ln., staff is not recommending it be
replaced with a detached sidewalk.
Utilities: 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.
Street lighting is required to be installed within the development in accord with the City’s
adopted standards, specifications and ordinances.
Pressurized Irrigation (PI): An underground PI system is required to be provided to each
lot in the subdivision as proposed in accord with UDC 11-3A-15. Pressurized irrigation is
proposed to be provided by the Nampa and Meridian Irrigation District.
A pressure irrigation line/easement is depicted through the middle of Lot 19, Block 4;
this easement should be relocated adjacent to a perimeter lot line.
Storm Drainage: An adequate storm drainage system is required in all developments in
accord with the City’s adopted standards, specifications and ordinances. Design and
construction shall follow best management practice as adopted by the City as set forth in
UDC 11-3A-18. Drainage areas that are counted toward the minimum qualified open space
standards are required to comply with the standards listed in UDC 11-3B-11C.
Waterways: The Kennedy Lateral runs along the east boundary of this site and has been
piped. If there is a NMID easement for the waterway, it’s required to be depicted on the
plat. If the easement is greater than 10 feet in width, it is required to be included in a
common lot that is a minimum of 20’ wide and outside of a fenced area, unless modified
by City Council at a public hearing with notice to surrounding property owners in
accord with UDC 11-3A-6BD. This section of the lateral is a private users system and is
beyond NMID’s jurisdiction; NMID does not claim any easements on this section, per Greg
Curtis, NMID.
Fencing: All fencing should comply with the standards listed in UDC 11-3A-6B and 11-3A-
7. A mix of 6-foot tall open and closed style fencing is depicted on the landscape plan; a
detail of the proposed fencing type should be submitted with the final plat application.
Building Elevations: The applicant has submitted conceptual building elevations for future
homes within this development (see Exhibit A.4). Building materials consist of stucco with
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Cherry Blossom Subdivision – RZ, PP H-2018-0018 PAGE 9
stone veneer accents. Future development should be generally consistent with these
elevations and materials.
Based on the above analysis, Staff recommends approval of the proposed rezone with the
requirement of a development agreement and preliminary plat with the conditions of
approval 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: 2/8/18)
3. Proposed Landscape Plan (dated: 2/8/18)
4. Qualified Open Space Exhibit (dated: 6/8/18)
5. Conceptual Building Elevations
B. Agency & Department Comments/Conditions
C. Legal Description & Exhibit Map for Annexation Boundary
D. Required Findings from Unified Development Code
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Exhibit A Page 1
A. Drawings
1. Vicinity/Zoning Map
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Exhibit A Page 2
2. Proposed Preliminary Plat (dated: 6/8/18)
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Exhibit A Page 3
3. Proposed Landscape Plan (dated: 6/8/18)
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Exhibit A Page 4
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4. Qualified Open Space Exhibit (dated: 6/8/18)
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5. Conceptual Building Elevations
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B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS
1. PLANNING DIVISION
1.1 Comments/Site Specific Conditions of Approval
1.1.1 A Development Agreement (DA) is required as a provision of rezone of this property. Prior to the
rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property
owner(s) at the time of rezone ordinance adoption, and the developer.
Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
City within six (6) months of the City Council granting rezone. The DA shall, at minimum,
incorporate the following provisions:
a. Development shall substantially comply with the preliminary plat, landscape plan and
conceptual building elevations included in Exhibit A and the associated conditions of
approval in the staff report.
b. The developer shall obtain an easement across Parcel No. S1212120690 specifically for
access to Lots 16, 17 and 19 at the southeast corner of the site. A copy of the recorded
easement shall be submitted to the City prior to or with submittal of the final plat application.
c. All homes constructed on the site shall be restricted to a single-story in height as proposed by
the Developer.
1.1.2 Based on the preliminary plat included in Exhibit A.2, dated 6/8/18, the final plat shall include
the following revisions:
a. If there are any irrigation easements greater than 10 feet in width, they shall be included in a
common lot that is a minimum of 20 feet in width and outside of a fenced area, unless
modified by City Council per UDC 11-3A-6D. If an easement exists for the Hunter Lateral
along the east boundary of this site, label it accordingly.
b. Re-number the Block numbers – the block on the west side of Cherry Blossom Place and the
north side of Cedarburg Street shall be Block 1; and the block on the east side of Cherry
Blossom Place, the south side of Cedarburg Street and the north side of W. Cherry Avenue
shall be Block 2.
c. A pressure irrigation easement is depicted through the middle of Lot 19, Block 4; this
easement should be relocated adjacent to a perimeter lot line.
d. Lot 18, Block 4 is a common driveway and shall not be named; remove the “W. Cherry Ave.”
label.
1.1.3 The landscape plan included in Exhibit A.4, dated 6/8/2018, shall be revised as follows:
a. Include mitigation information on the plan for any existing trees 4” caliper or greater that are
removed from the site with equal replacement of the total calipers lost on site up to an amount
of one hundred percent replacement as set forth in UDC 11-3B-10C.5; contact Elroy Huff,
City Arborist, (208-489-0589) to schedule an inspection to determine mitigation
requirements prior to removal of any trees from the site.
b. Include a minimum of one (1) tree within Lot 13, Block 4 along the pathway as set forth in
UDC 11-3B-12C.2.
c. Include a detail of the proposed fencing types in accord with the standards listed in UDC 11-
3A-7.
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d. Under Project Information, remove “building size” as there is no minimum building size in
the R-8 district; and correct the “lot size” to reflect the minimum required of 4,000 square
feet.
e. On the north side of Cedarburg Street, a minimum 5-foot wide landscape strip is required
between the curb and sidewalk with landscaping on both sides of the pathway per the
standards listed in UDC 11-3B-12C. An application for Alternative Compliance may be
submitted for landscaping to only be provided on one side of the pathway since the pathway
is taking the place of the sidewalk in that area.
f. Revise the landscape plan to coincide with the changes to the plat noted above in condition
#1.1.3.
1.1.4 Submit an exhibit with the final plat application that depicts the setbacks, fencing, building
envelope, and orientation of the lots and structures that are accessed from common driveways as
set forth in UDC 11-6C-3D. The driveways for lots that abut the common driveway but are not
taking access from the common driveway shall be depicted on the opposite site of the lot from the
common driveway.
1.1.5 The common driveways proposed within the development shall be constructed in accord with the
standards listed in UDC 11-6C-3d.
1.1.6 A perpetual ingress/egress easement for the common driveways shall be filed with the Ada
County recorder, which shall include a requirement for maintenance of a paved surface capable of
supporting fire vehicles and equipment; a copy of the recorded easements shall be submitted with
the final plat for City Engineer signature.
1.1.7 The applicant shall provide a segment of the City’s multi-use pathway system through this site as
proposed and one (1) additional site amenity such as children’s play equipment (or
something else comparable); the applicant shall identify a second amenity at the
Commission hearing.
1.1.8 The amended development agreement shall be recorded prior to submittal of a final plat
application for the proposed development.
1.1.9 All existing structures on the site shall be removed prior to City Engineer signature on the final
plat.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC
Table 11-2A-6.
1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets.
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 the required landscape buffers consistent with the standards as set forth in UDC 11-3B-
7C.
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1.2.8 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-
11C.
1.2.9 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5
and 11-3B-7C.
1.2.10 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.
1.2.11 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.
1.2.12 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.
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.
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.
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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 will need to be included in the final plat and/or building permit 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.
2.1.2 Water service to Lot 19, Block 4 should come from W Cherry Avenue, not to the back corner of
the lot as proposed.
2.1.3 Sanitary sewer and water service to the lots fronting a common driveway shall come from service
lines extended from the public right-of-way, and not from mainline extensions within said
driveways.
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. Any structures that are allowed to remain shall be subject to evaluation and
possible reassignment of street addressing to be in compliance with MCC.
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
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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,
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 improvements related to public life, safety and health shall be completed prior to occupancy
of the structures. Where approved by the City Engineer, an owner may post a performance surety
for such improvements in order to obtain City Engineer signature on the final plat as set forth in
UDC 11-5C-3B.
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 design 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.
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2.2.21 A street light plan will need to be included in the civil construction plans. 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.
2.2.22 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 One and two family dwellings not exceeding 3,600 square feet require a fire-flow of 1,000
gallons per minute for a duration of 2 hours to service the entire project. One and two family
dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B
of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C
of the International Fire Code.
4.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and
water quality by the Meridian Water Department for bacteria testing.
4.3 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 a Storz LDH connection in place of the the 4 ½” outlet. The Storz
connection may be integrated into the hydrant or an approved adapter may be used on the 4 1/2"
outlet.
b. Fire hydrants shall have the Storz outlet face the main street or parking lot drive aisle.
c. Fire hydrants shall be placed on corners when spacing permits.
d. Fire hydrants shall not have any vertical obstructions to outlets within 10’.
e. Fire hydrants shall be placed 18” above finished grade to the center of the Storz outlet.
f. Fire hydrants shall be provided to meet the requirements of the Meridian Water Dept. Standards.
g. Show all proposed or existing hydrants for all new construction or
additions to existing buildings within 1,000 feet of the project.
4.4 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater
than 150 feet in length that is not provided with an outlet shall be required to have an approved
turn around. Phasing of the project may require a temporary approved turn around on streets
greater than 150' in length with no outlet. Cul-D-Sacs shall be 96’ in diameter minimum and shall
be signed “No Parking – Fire Lane” per International Fire Code Sections 503.3 & D103.6.
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4.5 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.
4.6 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 IFC 503.4.1.
4.7 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International
Fire Code Sections 503.3 & D103.6.
4.8 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
4.9 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.
4.10 To increase emergency access to the site a minimum of two points of access will be required
for any portion of the project which serves more than 30 homes, as set forth in International
Fire Code Section D107.1. The two entrances should be separated by no less than ½ the diagonal
measurement of the full development as set forth in International Fire Code Section D104.3. The
applicant shall provide a stub street to the property to the (west/east/north/south).
4.11 The roadways shall be built to Ada County Highway District cross section standards and have a
clear driving surface. Streets less than 26’ in width shall have no on-street parking; streets less than
32’ in width shall have parking only on one side. These measurements shall be based on the
drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of
13’ 6”. The roadway shall be able to accommodate an imposed load of 80,000 GVW as set
forth in International Fire Code Section 503.2.1 and D103.6.1 and D103.6.2.
5. REPUBLIC SERVICES
5.1 Republic Services did not submit comments on this application.
6. PARKS DEPARTMENT
6.1 The project developer shall design and construct a multi-use pathway consistent with the location
and specifications set forth in the Meridian Pathways Master Plan (Chapter 3) to connect NW 7th
Street with the proposed Cherry Blossom Place. Pathway may be provided as a 10’ attached
sidewalk along the north side of Cedarburg Street (proposed).
6.2 Prior to final approval, the applicant shall submit a public access easement for any additional width
required beyond the public street right-of-way (Cedarburg Street) in order to achieve the 10’
multi-use pathway described above to the Planning Division for Council approval and subsequent
recordation.
6.3 The applicant shall also submit a public access easement for the micro-pathway depicted between
lots 17 & 18, to provide a connection to the existing micro-pathway at W. Maple Drive in the
adjacent Midtown Square subdivision to the east. The easement shall be a minimum of 7’ wide (5’
pathway + 1’ shoulder each side).
Use standard City template for public access easements. Easement checklist must accompany all
easement submittals.
6.4 Construct all pathways per typical paving section(s) as shown in the Meridian Pathways Master Plan
Chapter 3.
6.5 The owners (or representative association) of the properties affected by the public access easement(s)
shall have an ongoing obligation to maintain the multi-use pathways.
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7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 Correct deficiencies and replace any broken or deteriorated portions of curb, gutter, and sidewalk
on Cherry Lane abutting the site.
7.1.2 Construct 5-foot wide sidewalk on NW 7th Street abutting the site.
7.1.3 Provide a permanent right-of-way easement to 2-feet behind the back of sidewalk for any public
sidewalk located outside of the dedicated right-of-way.
7.1.4 Correct deficiencies and replace any broken or deteriorated portions of curb and gutter, on NW 7th
Street abutting the site.
7.1.5 Continue McFadden Avenue into the site with curb, gutter and attached sidewalk to intersect
Cherry Blossom Place.
7.1.6 Construct the knuckle on McFadden Avenue with a minimum 45-foot back of curb radius.
7.1.7 Construct Cherry Blossom Place and Winsford Court as 33-foot street sections with curb, gutter
and 5-foot wide attached sidewalk within 47-feet of right-of-way.
7.1.8 Terminate Winsford Court in a cul-de-sac, approximately 440-feet south of McFadden Avenue,
as proposed.
7.1.9 Construct Cedarburg Street as a 33-foot street section with curb gutter and 5-foot wide sidewalk
on the south side of Cedarburg Street and a 10-foot wide pathway on the north side of Cedarburg
Street within 52-feet of right-of-way.
7.1.10 Construct the cul-de-sac and the knuckle with a minimum 45-foot turning radius.
7.1.11 Pave the existing drive aisle its full width and a minimum of 30-feet into the site from the edge of
pavement on 4th Street.
7.1.12 Direct lot access to Cherry Lane is prohibited and shall be noted on the final plat.
7.1.13 Payment of impact fees is due prior to issuance of a building permit.
7.1.14 Comply with all Standard Conditions of Approval.
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, 7203.3, 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.
7.2.4 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.
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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.
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.
8. CENTRAL DISTRICT HEALTH DEPARTMENT
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9. NAMPA MERIDIAN IRRIGATION DISTRICT
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10. IDAHO TRANSPORTATION DEPARTMENT (ITD)
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C. Legal Description & Exhibit Map for Rezone Boundary
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D. Required Findings from Unified Development Code
1. Rezone Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant a rezone, the
Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Compre hensive
Plan;
The Applicant is proposing to rezone the subject property from R-4 to R-8 and develop 47
new single-family residential detached homes at a gross density of 4.6 units per acre
consistent with the MDR FLUM designation. The City Council finds the proposed
amendment complies with the applicable provisions of the Comprehensive Plan as noted
above in Section VII 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 City Council finds that the proposed map amendment to the R-8 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 City Council finds that the proposed zoning map amendment will not be detrimental to
the public health, safety, or welfare. City utilities will be extended at the expense of the
applicant.
d. The map amendment shall not result in an adverse impact upon the deliver y of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
The City 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).
This findings does not apply as the proposed application is for a rezone, not annexation.
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 City 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.
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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 Council finds there is public financial capability of supporting services for the proposed
development based on comments provided 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
hearing, safety or general welfare. ACHD considers road safety issues in their analysis.
f. The development preserves significant natural, scenic or historic features.
The City Council is unaware of any significant natural, scenic or historic features that exist
on this site.
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