Whitecliffe Estates H-2018-0074 AZ PPCITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). [H-2018-0074] - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for annexation and zoning (AZ) of 40.6 acres of land with an R-4
zoning district; and a preliminary plat (PP) consisting of 128 building lots and 10 common lots on
40.6 acres of land, by 4345 Linder Road, LLC.
Case No(s). H-2018-0074
For the City Council Hearing Date of: September 18, 2018 (Findings on October 2, 2018)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of September 18, 2018, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of September 18, 2018, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of September 18,
2018, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of September 18, 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 October 2, 2018 – Page 154 of 580
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
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7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of September 18, 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 annexation and zoning and for a preliminary plat is hereby approved
per the conditions of approval in the Staff Report for the hearing date of September 18, 2018,
attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer’s signature
on the final plat within two (2) years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat (UDC 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two (2) years, may be considered for
final approval without resubmission for preliminary plat approval (UDC 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City
Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up
to two (2) years as determined and approved by the City Council may be granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again (UDC 11-
6B-7C).
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 October 2, 2018 – Page 155 of 580
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
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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 September 18, 2018
Meridian City Council Meeting Agenda October 2, 2018 – Page 156 of 580
By action of the City Council at its regular meeting held on the 2-na day of
2018.
COUNCIL PRESIDENT JOE BORTON VOTED \
COUNCIL VICE PRESIDENT LUKE CAVENER VOTED
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED
COUNCIL MEMBER TY PALMER VOTED
COUNCIL MEMBER TREG BERNT VOTED Yel'1
COUNCIL MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD VOTED �
(TIE BREAKER)
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Mayor Ta my d eerd
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Attest: IED AU
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City Clerk �� SEAL
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Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: b/-�
City Clerk's Office
Dated: l C) 'c;L � 12.)
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION &ORDER
FILE NO(S). [H-2018-0074] - 4 -
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EXHIBIT A
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Whitecliffe Estates Subdivision – H-2018-0074
STAFF REPORT
Hearing Date: September 18, 2018
TO: Mayor & City Council
FROM: Josh Beach, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Whitecliffe Estates Subdivision – H-2018-0074
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, 4345 Linder Road, LLC, has submitted an application for annexation and zoning (AZ)
of 40.6 acres of land with an R-4 zoning district; and a preliminary plat (PP) consisting of 128
building lots and 10 common lots on 40.6 acres of land for Whitecliffe Estates Subdivision.
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.
The Meridian Planning & Zoning Commission heard these items on August 16, 2018. At the
public hearing, the Commission moved to recommend approval of the subject AZ and PP
requests.
a. Summary of Commission Public Hearing:
i. In favor: Becky McKay
ii. In opposition: Jody McMillan
iii. Commenting: Jody McMillan
iv. Written testimony: Richard Kepler
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. How this development will contribute to the overcrowding of the area schools.
c. Key Issues of Discussion by Commission:
i. Whether the direct access to McMillan should remain as part of the project.
ii. The appropriateness of connecting a pedestrian pathway to the common lot located in
the subdivision to the west.
d. Commission Change(s) to Staff Recommendation:
i. Modify condition 1.1.1A(1) to read as follows: Prior to the City Council hearing, the
applicant shall coordinate with the adjacent HOA to see if they are amenable to having
a pathway connection to their common lot.”
ii. Remove 1.1.1A(2)
iii. Remove 1.1.3A
iv. Remove 1.1.3F
v. Modify condition 1.2.1 to read as follows: Comply with all bulk, use, and development
standards of the R-4 zoning district listed in UDC Table 11-2-A-5.
e. Outstanding Issue(s) for City Council:
i. The applicant is requesting direct access to McMillan Road which is considered an
arterial road. Council approval is required to obtain access.
Meridian City Council Meeting Agenda October 2, 2018 – Page 158 of 580
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Whitecliffe Estates Subdivision – H-2018-0074
The Meridian City Council heard this item on September 18, 2018. At the public hearing, the
Council approved the subject PP and AZ requests.
a. Summary of City Council Public Hearing:
i. In favor: Becky McKay, Denis LaFever
ii. In opposition: Cynthia Dorazio
iii. Commenting: Cynthia Dorazio, Denise LaFever
iv. Written testimony: None
v. Staff presenting application: Josh Beach
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. Concerns about the pathway to the subdivision to the west that is being required by
staff.
c. Key Issues of Discussion by Council:
i. Whether the HOA for the adjacent subdivision was contacted or if their management
company was contacted instead.
di. 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-2018-
0074, as presented in the staff report for the hearing date of September 18, 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-2018-0074,
as presented during the hearing on September 18, 2018, for the following reasons: (You should state
specific reasons for denial)
Continuance
I move to continue File Number H-2018-0074 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 943 W. McMillan Road in the NW¼ of Section 36, Township 4N., Range
1W.
B. Owners:
Brinegar Investments, LLLP
P. O. Box 7156
Boise, ID 83707-1156
C. Applicant:
4345 Linder Road, LLC
13967 W. Wainright Drive, Suite 102
Boise, ID 83713
D. Representative:
Engineering Solutions, LLP
1029 N Rosario Street, Suite 100
Boise, ID 83642
Meridian City Council Meeting Agenda October 2, 2018 – Page 159 of 580
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Whitecliffe Estates Subdivision – H-2018-0074
E. Applicant's Statement/Justification: Please see applicant’s narrative for this information.
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.
B. Newspaper notification published on: July 27, 2018 (Commission); August 31, 2018 (Council)
C. Radius notices mailed to properties within 300 feet on: July 20, 2018 (Commission); August 31,
2018 (Council)
D. Applicant posted notice on site(s) on: August 6, 2018 (Commission); September 7, 2018
(Council)
VI. LAND USE
A. Existing Land Use(s) and Zoning: The annexation area consists of agricultural property zoned
RUT in Ada County. There is a residence on the property and associated structures that will be
removed as part of this project.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: W. McMillan Road and Single-family residential properties in Paramount
Subdivision, zoned R-4.
2. East: Single-family residential properties in Cedar Springs Subdivision, zoned R-4; and
undeveloped office lots, zoned L-O.
3. South: Single-family residential properties in Baldwin Park Subdivision, zoned R-4.
4. West: Single-family residential properties in Cobblefield Crossing Subdivision, zoned R-4.
C. History of Previous Actions: None
D. Utilities:
1. Location of sewer: Sewer is available to this property from existing sewer mainline stubs
installed in adjacent developments.
2. Location of water: Water is available to this property from existing water mainline stubs
installed in adjacent developments.
3. Issues or concerns: None.
E. Physical Features:
1. Canals/Ditches Irrigation: The Lemp Canal traverses the north boundary of the site. The
applicant is requesting that the canal be left open in accord with UDC 11-3A-6B.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: NA
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated “Medium Density Residential” and “Office” on the Comprehensive Plan
Future Land Use Map. Medium density residential areas are anticipated to contain between three and
eight dwellings per acre.
Meridian City Council Meeting Agenda October 2, 2018 – Page 160 of 580
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The most dominant land use designation on the property is medium-density residential, and the FLUM
Comprehensive Plan designations are not parcel specific. In this case because there is an undeveloped
office park on the east boundary, staff is of the opinion that additional office designated area is not
necessary, nor is the applicant proposing to add more office as part of this project.
The proposed preliminary plat includes 128 single-family lots on 40.6 acres for a total gross density of
3.15 dwelling units/acre and the net density is 4.03 dwelling units/acre which are both consistent with
the MDR land use 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)
The proposed single-family dwellings will contribute to the variety of housing types available
within the City.
“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 upon
development of the site in accord with UDC 11-3A-21.
“Require common area in all subdivisions.” (3.07.02F)
The proposed plat depicts a total of 4.78 acres (or 10.05%) of qualified open space in accord
with the requirements listed in UDC 11-3G-3.
“Review new development for appropriate opportunities to connect local roads and collectors
to adjacent properties (stub streets). (3.03.020)
As part of the proposed project, the applicant is proposing to extend 4 stub streets, one from
the Cedar Springs Subdivision to the east, one from the Baldwin Park Subdivision to the
south and two from the Cobblefield Crossing subdivision to the west.
“Support infill of vacant lots in substantially developed, single-family areas at densities
similar to surrounding development.” (3.07.02I)
The subject property is adjacent to existing medium density homes and similar lot sizes exist
to the north, south, east and west. The overall density for the project falls within the
parameters of the MDR land use designation and the surrounding residential developments.
“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)
The applicant is proposing 5-foot attached internal sidewalks and a 5-foot detached sidewalk
along W. McMillan Road. The proposed sidewalks will connect to existing sidewalks to the
north, south, east and west.
“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 submitted plat depicts one access point to W. McMillan Road. Staff is of the opinion that
direct access to W. McMillan Road is not warranted in this instance due to the ample access
though the four (4) stub streets.
Meridian City Council Meeting Agenda October 2, 2018 – Page 161 of 580
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Whitecliffe Estates Subdivision – H-2018-0074
The proposed access to W. McMillan is predicated on Council’s approval.
“Require new residential development to meet development standards regarding landscaping,
signage, fences and walls, etc.” (3.05.02C)
Street buffer landscaping is required adjacent to W. McMillan Road in accord with the
standards listed in UDC 11-3B-7C. Separate permits shall be obtained for fencing in
compliance with the standards listed in UDC 11-3A.
“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.
“Ensure development provides safe routes and access to schools, parks and other community
gathering places.” (3.07.02N)
The applicant is proposing to construct the entire frontage of W. McMillan Road with the
first phase of 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)
In order to link subdivisions together, staff is of the opinion that a micropath lot should be
included in the plat to connect to the Cobblefield Crossing Subdivision to the west. The
micropath lot should be located between Lots 5 and 6 of Block6 and the applicant shall
coordinate witht that HOA in order to link the pathways together.
For the above stated reasons, staff finds the proposed project is consistent with the goals and
objectives in the Comprehensive Plan.
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.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-5 lists the principal permitted
(P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 zoning district. Any use not
explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the site for single-
family attached dwellings is a principal permitted use in the R-4 zoning district.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Tables 11-2A-5 for the R-4 zoning district.
D. Landscaping:
Street buffer landscaping shall be installed in accordance with the standards listed in UDC
Tables 11-2A-5 and UDC 11-3B-7C for the R-4 zoning district.
Per UDC 11-3G-3, the plat is required to provide 10 percent open space and one amenity for
every 20 acres of development area.
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.
Meridian City Council Meeting Agenda October 2, 2018 – Page 162 of 580
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Whitecliffe Estates Subdivision – H-2018-0074
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
1. Annexation & Zoning
The applicant has applied for annexation and zoning of 40.6 acres of land with an R-4 zoning
district. As discussed above in Section VII, staff believes the proposed zoning designations are
consistent with the policies in the Comprehensive Plan.
The applicant proposes to develop 128 new single-family residential detached homes on 40.6
acres of land as shown on the preliminary plat included 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. The property is contiguous to land that has been annexed
into the City and is within the Area of City Impact boundary.
The City may require a development agreement (DA) in conjunction with an annexation 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 annexation with the provisions included in
Exhibit B.
2. Preliminary Plat
The proposed plat consists of 128 building lots and 10 common lots on 40.6 acres of land in a
proposed R-4 zoning district (see Exhibit A.2). The property is proposed to develop in 3 phases,
(see Exhibit A.2). The gross density for the subdivision is 3.15 d.u./acre. The minimum lot size is
8,000 square feet, with an average of 9,178 square feet. The applicant shall provide a revised plat
that graphically depicts the 50-foot Lemp Canal easement and the 60-foot Idaho Power easement.
Dimensional Standards: Development of this site is required to comply with the dimensional
standards listed in UDC 11-2A-3 and Table 11-2A-5 for the R-4 district. Staff has reviewed the
proposed plat and with the exception of Lot 10, Block 1 which doesn’t meet the minimum lot size
for the R-8 zoning district, has found it to be in compliance with those standards.
Existing Structures: There is an existing residence and associated structures that the applicant is
proposing to remove from the property as part of this project .The applicant shall remove the
structures prior to approval of the first final plat.
Block Length: The plat is required to comply with the block length standards listed in UDC 11-
6C-3F. Staff has reviewed the proposed plat and has concerns with the block length along
the north side of Loretta Street. That block face measures approximately 1,000 feet and
code allows this length if a pedestrian pathway is provided as it is in this case. Although the
proposal meets the requirements of the UDC, staff has concerns with the long, straight
roadway and believes that the applicant should incorporate traffic calming measures into
the road design.
Access: The applicant is requesting an exemption from Council to allow for direct access to W.
McMillan Road. The applicant is also proposing to provide access from the extension of four (4)
other stub streets to the surrounding subdivisions. Staff is not in support of the direct access to W.
McMillan Road because of the ample access to the site from the four (4) existing stub streets.
Streets: The applicant is proposing public roads throughout the development. The public roads
are a 33 foot road section with rolled curbs within a proposed 50 foot right-of-way.
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Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. The
applicant proposes to construct attached sidewalks throughout the development, and a detached
sidewalk along W. McMillan Road in accord with UDC standards.
Common Driveways: Two common driveways are proposed in the development and are required
to be constructed in accord with the standards listed in UDC 11-6C-3D.
The UDC (11-6C-3E.7) requires any plats using a common driveway to depict the setbacks,
building envelope, and orientation of the lots and structure that are accessed via a common
driveway on the preliminary plat and/or as an exhibit with the final plat application.
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, for the common driveways.
Landscaping: A landscape plan was submitted with this application for the area proposed to be
platted as shown in Exhibit A.3.
A 25-foot wide street buffer is required along W. McMillan Road, an arterial street, per UDC
Table 11-2A-6 and is required to be landscaped in accord with the standards listed in UDC 11-
3B-7C. The buffer width along W. McMillan Road should be measured from the back of
curb per UDC 11-3B-7C.1a (2); or, the ultimate curb location as determined by ACHD if
future road widening is anticipated; revise plans accordingly.
The section of the common lot adjacent to McMillan Road is approximately 60-feet wide due to
the 50-foot wide Lemp Canal and the 60-foot wide Idaho Power easements. On the submitted
landscape plan, the applicant is proposing to install a 25-foot wide landscape buffer with the
required trees. Since the required trees will be in close proximity to the overhead power lines,
UDC 11-3B-5J requires the installation of class 1 trees only. Prior to the Planning and Zoning
Commission meeting, the application must submit a revised landscape plan that shows the class 1
trees only.
Along W. McMillan Road, the applicant shall provide a 10 foot compacted gravel shoulder from
the edge of pavement and shall landscape the remainder with lawn or vegetative ground cover in
accord with UDC 11-3B-7C.
Landscaping within the common areas is required in accord with the standards listed in UDC 11-
3G-3E.
Micropath(s): In order to link subdivisions together, staff is of the opinion that a micropath lot
should be included in the plat to connect to the Cobblefield Crossing Subdivision to the west. The
micropath lot should be located between Lots 5 and 6 of Block 6 and the applicant shall
coordinate with Cobblefield Crossing HOA in order to link the pathways together.
Ditches, Laterals, and Canals: The Lemp Canal transverses the north property. Per UDC 11-
3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways
being used as amenities, which intersect, cross or lie within the area being subdivided shall be
covered. The applicant is seeking a waiver from Council to allow the Lemp Canal to remain un-
tiled due to the size of the facility as allowed under UDC 11-3A-6A3b.
The Lemp Canal crosses a large number of parcels on the south side of W. McMillan Road.
This is the last piece on the south side of McMillan to develop and it is unclear whether the
Settlers Irrigation District will require a 20 foot wide access drive on the south side of the
Lemp Canal. The applicant has not indicated an access road on their landscape plan, nor
have they included comments in their narrative. The Settlers Irrigation District has not
submitted comments on this application, so staff is unsure if an access road will be required.
If an access road is required, it will greatly impact the site design. Prior to the Planning and
Meridian City Council Meeting Agenda October 2, 2018 – Page 164 of 580
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Zoning Commission, the applicant shall obtain some indication from the Settlers Irrigation
District on their plans for an access road along the Lemp Canal.
Tree Mitigation: If there are existing trees on the site that are proposed to be removed, the
applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to
confirm mitigation requirements prior to removal of any trees on the site. The applicant shall
submit a tree mitigation plan with the final plat application.
Open Space: A minimum of 10% qualified open space is required to be provided for this
development in accord with UDC 11-3G-3A.1. Based on the area of the preliminary plat (40.6
acres), a minimum of 4.06 acres of qualified open space is required to be provided as set forth in
UDC 11-3A-3B. A total of 4.78 acres (or 10.05%) of qualified open space is proposed consisting
of ½ the street buffer along W. McMillan Road, and internal common open space areas which
appear to comply with this requirement.
Site Amenities: All developments consisting of five acres of more are required to provide a
minimum of one site amenity; one additional site amenity is required for each additional 20 acres
per UDC 11-3G-3A.2, in accord with the standards listed in UDC 11-3G-3C. Based on the area of
the preliminary plat (40.6 acres), staff requires a minimum of 2 qualified site amenities be
provided. The applicant proposes to provide a children’s play structure, internal pathways and a
shuffleboard court as amenities for the subdivision. As proposed the amenities meet the
requirements of the UDC.
Fencing: All fencing should comply with the standards listed in UDC 11-3A-6B and 11-3A-7.
The applicant shall construct fencing as proposed.
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.
Storm Drainage: A storm drainage system is required for the development in accord with the
City’s adopted standards, specifications and ordinances. Design and construction shall follow best
management practice as adopted by the City in accord with UDC 11-3B-11.
Open Water Ponds: As proposed the pond meets the requirement s of an amenity as set
forth in UDC 11-3G-3 as it is under the 25% threshold will have recirculated water as it is
for irrigation water. The applicant shall provide details of the pond with submission of the
final plat application.
Building Elevations: The applicant has submitted some conceptual sample building elevations
for future homes in this development, included in Exhibit A.4. Building materials appear to
consist of a mix of stucco and stone with architectural shingles.
The applicant shall comply with the submitted home elevations attached in Exhibit A.4. The
rear and/or side of structures that face arterial or collector streets (Lots 3-10 of Block 2, and
Lots 3-11 of Block 1), shall incorporate articulation through changes in two or more of the
following: modulation (e.g. – projections, recesses, step-backs, pop-outs), bays, banding,
porches, balconies, material types, or other integrated architectural elements to break up
monotonous wall planes and roof lines that are visible from the subject public street. Single-
story structures are exempt from this requirement.
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Design Review (DES): A DES application is required to be submitted prior to issuance of
building permits for the single family attached homes. The applicant must comply with the design
standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual.
Prior to the Planning and Zoning Commission hearing, the applicant shall revise the plat in
the following ways:
The applicant shall add a micropath between Lots 5 and 6 of Block 6 and shall work with
the Coblefield Crossing HOA to connect the pathways.
The applicant shall replace the proposed road access to W. McMillan Road with a
pedestrian connection that meets the requirements of UDC 11-3A-8 and UDC 11-3B-12.
The applicant shall incorporate traffic calming in the design of W. Loretta Street.
Lot 10 of Block 1 shall be a minimum of 8,000 square feet in accord with UDC 11-2A-5.
In summary, Staff recommends approval of the proposed annexation and preliminary plat request
for this site with a development agreement and the recommended conditions listed in Exhibit B of
this report in accord with the Findings contained in Exhibit D.
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X. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Proposed Preliminary Plat and phasing plan (dated: 5/23/2018)
3. Proposed Landscape Plan (dated: 8/13/2018)
4. 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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A. Drawings
1. Vicinity Map
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2. Proposed Preliminary Plat (dated: 5/23/2018)
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3. Proposed Landscape Plan (dated; 8/13/2018)
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4. Conceptual Building Elevations
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B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS
1. PLANNING DIVISION
1.1 Site Specific Conditions of Approval
1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior
to the annexation ordinance approval, a DA shall be entered into between the City of Meridian,
the property owner(s) at the time of annexation ordinance adoption, and the developer. A final
plat application shall not be submitted to City until the agreement is executed.
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 annexation. The DA shall, at minimum,
incorporate the following provisions:
a. Future development of this site shall be generally consistent with the preliminary plat and
building elevations depicted in Exhibit A and the revisions noted in the staff report.
b. The applicant shall comply with the submitted home elevations attached in Exhibit A.4. The
rear and/or side of structures that face arterial or collector streets (Lots 3-10 of Block 2, and
Lots 3-11 of Block 1), shall incorporate articulation through changes in two or more of the
following: modulation (e.g. – projections, recesses, step-backs, pop-outs), bays, banding,
porches, balconies, material types, or other integrated architectural elements to break up
monotonous wall planes and roof lines that are visible from the subject public street. Single-
story structures are exempt from this requirement.
c. The site shall develop with a minimum of 10.05% open space (4.78 acres) and shall include
the following amenities: a children’s play structure, an internal pathway system and a shuffle
board court.
d. Lot 1, Block 3 with its associated amenities shall be constructed with the first phase of the
development.
e. The 5-foot detached sidewalk and 25 foot landscape buffer along W. McMillan Road shall be
constructed with the first phase of development.
f. The applicant shall remove the existing home prior to approval of the first final plat.
1.1.2 The preliminary plat included in Exhibit A.2, dated 5/23/2018, shall be revised as follows:
a. All properties that abut a common driveway shall take access from the driveway; however, if
an abutting property has the required minimum street frontage, that property is not required to
take access from the common driveway. In this situation, the abutting property's driveway
shall be on the opposite side of the shared property line; away from the common driveway.
Solid fencing adjacent to common driveways shall be prohibited, unless separated by a
minimum five foot (5') wide landscaped buffer.
Lots 9 and 10, Block 2 shall take access from common driveway as proposed. Since Lot
12 and Lot 8 Block 1 do not take access from the common drive, the lots are required to
comply with UDC 11-6C-2(D).
Lots 3 and 5, Block 10 shall take access from common driveway as proposed.
Since Lot 2 and Lot 6 Block 10 do not take access from the common drive, the lots
are required to comply with UDC 11-6C-2(D).
b. An exhibit depicting the setbacks, building envelope and orientation of lots and structures
shall be submitted a future final plat application. Include note on the final plat that addresses
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access across the lots and the responsible party for maintenance of the common driveway and
5-foot wide landscape buffer.
c. Prior to the Planning and Zoning Commission, the applicant shall provide a revised plat and
landscape plan that depicts the required 50-foot wide Lemp Canal easement and the 60-foot
wide Idaho Power easement.
d. As shown on the plat, Lot 10, Block 1 does not meet the minimum lot size requirements of
UDC 11-2A-5. Prior to the Planning and Zoning Commission, the applicant shall revise the
plat and landscape plan to comply with the UDC.
1.1.3 The landscape plan included in Exhibit A.3, dated 5/14/2018, shall be revised as follows:
a. If there are any existing trees on the site that are to be removed, the applicant should contact
Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation
requirements prior to removal of any trees on the site. Any existing trees proposed to be
retained on-site shall be noted on the landscape plan submitted with a final plat application.
b. Along W. McMillan Road, the applicant shall provide a 10 foot compacted gravel shoulder
from the edge of pavement and shall landscape the remainder of the right-of-way with lawn
or vegetative ground cover in accord with UDC 11-3B-7C.
c. The applicant shall provide details of the proposed pond with submission of the final
plat application.
1.1.4 The applicant shall comply with all condition of the Ada County Highway District.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC
Table 11-2-A-5.
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.
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, driveways, common driveways, easements, blocks,
street buffers, and mailbox placement.
1.2.11 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
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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.
1.3.6 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.
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 lighting plan will be required with the submittal of development plans. Plan
requirements can be found in section 6-5 of the Improvement Standards for Street Lighting at
http://www.meridiancity.org/public_works.aspx?id=272
2.1.2 This development coincides with the 1/2 mile grid, which would normally require 12-inch water
main, however upsizing of water main at this location is not required.
2.1.3 The southern most storm water seepage bed located in Lot 10, Block 5 shall be relocated to the
east to avoid crossing the proposed sewer mainline crossing this lot.
2.2 General Conditions of Approval
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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
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.
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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.
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 887-2211.
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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 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.
4.3 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.
4.4 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.
4.5 Private Alleys and Fire Lanes shall have a 20’ wide improved surface capable of supporting an
imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D
Section D103.6 Signs.
4.6 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
4.7 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.
5. REPUBLIC SERVICES
5.1 Republic Services has no comments on this application.
6. PARKS DEPARTMENT
6.1 The Parks Department has no comment on this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 SITE SPECIFIC CONDITIONS OF APPROVAL
7.1.1 Improve McMillan Road with additional pavement widening to total 17-feet of pavement from
centerline plus a 3-foot wide gravel shoulder abutting the site.
7.1.2 Construct a westbound left-turn lane on McMillan Road at the Buckstone/McMillan intersection.
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7.1.3 Construct a 5-foot wide concrete sidewalk on the south side of the canal along McMillan Road
abutting the site and tie into existing improvements west and east of the site.
7.1.4 Provide a permanent right-of-way easement to 2-feet behind back of sidewalk for any public
sidewalk placed outside of the dedicated right-of-way.
7.1.5 Close the existing residential driveway on McMillan Road, located 496-feet west of the east
property line with 5-foot wide concrete sidewalk.
7.1.6 Continue the four stub streets into the site and construct the internal streets as 33-foot street
sections with curb, gutter, and attached 5-foot wide sidewalk within 47-feet of right-of-way.
7.1.7 Redesign the Bird Wing Drive onto Buckstone Avenue intersection to meet District policy.
7.1.8 Construct a new local street, Buckstone Avenue onto McMillan Road, located 710-feet west of
Fox Run Way and 640-feet from the east property line from the site.
7.1.9 Construct the internal local streets with minimum 125-foot offset.
7.1.10 Provide traffic calming on McKinley Park Avenue, Loretta Street, and Bryce Canyon Avenue.
7.1.11 Submit the bridge plans for the crossing of the Lemp Canal (Buckstone Avenue) for review and
approval prior to the pre-construction meeting and final plat approval.
7.1.12 McMillan Road is classified as a minor arterial roadway; direct lot access is prohibited to this
roadway and should 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.
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.
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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.
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C. Legal Description & Exhibit Map for Annexation Boundary
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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 40.6 acre property with an R-4 zoning
district and develop 128 new single-family residential homes. 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;
Council finds that the proposed map amendment to the R-4 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;
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.
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,
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).
Council finds annexing this property with an R-4 zoning district is in the best interest of the
City if the applicant revises the plat per staff’s recommendation and enters into a
development agreement.
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;
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.
Meridian City Council Meeting Agenda October 2, 2018 – Page 183 of 580
EXHIBIT A
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Whitecliffe Estates Subdivision – H-2018-0074
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
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;
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
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.
Council is unaware of any significant natural, scenic or historic features that exist
on this site.
Meridian City Council Meeting Agenda October 2, 2018 – Page 184 of 580