Belveal Subdivision H-2018-0076CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0076 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for Rezone of 1.49 Acres of Land from the L-O to the C-C Zoning
District; Modification to the Development Agreement to Update the Uses Allowed on the Property
from those Allowed in the L-O District to those Allowed in the C-C District; and a Short Plat
Consisting of Two (2) Building Lots on 1.33 Acres of Land in the Proposed C-C Zoning District, by
TTS Development, LLC.
Case No(s). H-2018-0076
For the City Council Hearing Date of: September 25, 2018 (Findings on October 9, 2018)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of September 25, 2018, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of September 25, 2018, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of September 25,
2018, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of September 25, 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 9, 2018 – Page 158 of 454
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0076 - 2 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of September 25, 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, development agreement modification and short plat is
hereby approved per the conditions of approval in the Staff Report for the hearing date of
September 25, 2018, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Plat Duration
Please take notice that approval of a 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 short plat (UDC 11-6B-7A).
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
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
Meridian City Council Meeting Agenda October 9, 2018 – Page 159 of 454
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0076 - 3 -
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 25, 2018
Meridian City Council Meeting Agenda October 9, 2018 – Page 160 of 454
By action of the City Council at its regular meeting held on the
2018.
COUNCIL PRESIDENT JOE BORTON
COUNCIL VICE PRESIDENT LUKE CAVENER
COUNCIL MEMBER ANNE LITTLE ROBERTS
COUNCIL MEMBER TY PALMER
COUNCIL MEMBER TREG BERNT
COUNCIL MEMBER GENESIS MILAM
MAYOR TAMMY de WEERD
(TIE BREAKER)
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION &ORDER
FILE NO(S). H-2018-0076 ZekveQ' - 4 -
Belveal Subdivision – RZ, SHP, MDA H-2018-0076 PAGE 1
STAFF REPORT
Hearing Date: September 25, 2018
TO: Mayor & City Council
FROM: Sonya Allen, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Belveal Subdivision – RZ, SHP, MDA (H-2018-0076)
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, TTS Development, LLC, has submitted an application for a rezone (RZ) of 1.49 acres
of land from the L-O to the C-C zoning district; a modification to the existing development agreement
(MDA) to update the uses allowed on the property from those allowed in the L-O district to those
allowed in the C-C district; and a short plat (SHP) consisting of 2 building lots on 1.33 acres of land
in the proposed C-C zoning district.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed RZ, SHP and MDA applications in accord with the
provisions 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 RZ request.
a. Summary of Commission Public Hearing:
i. In favor: Kent Brown, Applicant’s Representative; Brent Belveal
ii. In opposition: None
iii. Commenting: Robert Smith
iv. Written testimony: Kent Brown
v. Staff presenting application: Sonya Allen
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. Applicant proposed to provide a 6-foot tall dog eared cedar or vinyl fence along north
property boundary.
c. Key Issues of Discussion by Commission:
i. None
d. Commission Change(s) to Staff Recommendation:
i. None
e. Outstanding Issue(s) for City Council:
i. None
The Meridian City Council heard these items on September 25, 2018. At the public hearing, the
Council approved the subject RZ, SHP and MDA requests.
a. Summary of City Council Public Hearing:
i. In favor: Kent Brown, Applicant’s Representative
ii. In opposition: None
iii. Commenting: None
EXHIBIT A
Meridian City Council Meeting Agenda October 9, 2018 – Page 162 of 454
Belveal Subdivision – RZ, SHP, MDA H-2018-0076 PAGE 2
iv. Written testimony: None
v. Staff presenting application: Sonya Allen
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. None
c. Key Issues of Discussion by Council:
i. None
d. Key Council Changes to Staff/Commission Recommendation
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2018-
0076, as presented in the staff report for the hearing date of September 25, 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-2018-0076,
as presented during the hearing on September 25, 2018, for the following reasons: (You should state
specific reasons for denial)
Continuance
I move to continue File Number H-2018-0076 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 385 S. Locust Grove Road, in the NE ¼ of Section 18, Township 3 North,
Range 1 East (Parcel No.: S1118110161)
B. Owners:
TTS Developments, LLC
745 N. Ralstin St.
Meridian, ID 83642
C. Applicant:
Same as owner
D. Representative:
Kent Brown, Kent Brown Planning Services
3161 E. Springwood Dr.
Meridian, ID 83642
E. Applicant's Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject application is for a rezone, short plat and development agreement modification. A
public hearing is required before the Planning & Zoning Commission and City Council on the
rezone request and only before the City Council on the short plat and development agreement
modification request, consistent with Meridian City Code Title 11, Chapter 5.
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Belveal Subdivision – RZ, SHP, MDA H-2018-0076 PAGE 3
B. Newspaper notifications published on: July 27, 2018; September 7, 2018 (City Council)
C. Radius notices mailed to properties within 300 feet on: July 20, 2018 (Commission); August 31,
2018 (City Council)
D. Published on Next Door: July 24, 2018 (Commission); September 4, 2018 (City Council)
E. Applicant posted notice on site(s) on: August 6, 2018 (Commission); September 6, 2018 (City
Council)
VI. LAND USE
A. Existing Land Use(s) and Zoning: There is a childcare facility on the western portion of the site;
the remainder of the site is undeveloped. The property is zoned L-O.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Rural residential property, zoned R1 in Ada County
2. East: Single-family residential properties in Bellabrook Subdivision, zoned R-15
3. South: Vacant and developed commercial property, zoned C-G
4. West: Industrial property in Medimont Subdivision, zoned I-L
C. History of Previous Actions:
This property was annexed in 1999 with the requirement of a development agreement
[Woodbridge AZ-99-020 (parcel B of the annexation area), Resolution #287, DA Inst.
#100006603].
A modification to the development agreement as approved in 2009 (MDA-09-002, Inst.
#109074711).
A Certificate of Zoning Compliance for a daycare center for up to 28 children per day was
approved in 2012 (CZC-12-064).
A Certificate of Zoning Compliance for a 2,500 square foot addition to the existing daycare
center and an increase in the number of children cared for during the day to 130 was
approved in 2017 (A-2017-0191).
D. Utilities:
1. Location of sewer: A sanitary sewer main intended to provide service to the subject parcel,
currently exists in S. Locust Grove Road. A new sewer main will need to be extended into
the property to provide service to the individual lots.
2. Location of water: A water main intended to provide service to the subject parcel, currently
exists in S. Locust Grove Road. A new water main will need to be extended into the property
to provide service to the individual lots.
3. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: There are no waterways that cross this site.
2. Hazards: Staff is unaware of any hazards that may exist on this property.
3. Flood Plain: This property does not lie within the flood plain.
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VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The Comprehensive Plan Future Land Use Map (FLUM) designates this property as Mixed-Use
Community (MU-C).
The purpose of the MU-C designation is to allocate areas where community-serving uses and
dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses,
including residential, and to avoid mainly single-use and strip commercial type buildings. Non-
residential buildings in these areas have a tendency to be larger than in Mixed Use – Neighborhood
areas, but not as large as in Mixed Use – Regional areas. Goods and services in these areas tend to be
of the variety that people will mainly travel by car to, but also walk or bike to (up to 3 or 4 miles).
Employment opportunities for those living in and around the neighborhood are encouraged.
Developments are encouraged to be designed according to the conceptual MU-C plan depicted below
(Figure 3-3 in the Comprehensive Plan, pg. 27).
Policies: Staff finds the following Comprehensive Plan policies to be applicable to this application
and apply to the proposed use of this property (staff analysis in italics):
“Require appropriate landscape and street buffers along transportation corridors (setback,
vegetation, low walls, berms, etc.).” (3.06.02F)
A 25-foot wide street buffer with landscaping is required along S. Locust Grove Road, an
arterial street, in accord with the standards listed in UDC 11-3B-7C. There is an existing
landscaped street buffer that complies with UDC standards.
“Protect existing residential properties from incompatible land use development on adjacent
parcels.” (3.06.01F)
If a residential use still exists adjacent to the north property boundary at the time of lot
development and/or redevelopment, a 25-foot wide buffer will be required in accord with
UDC Table 11-2B-3, landscaped in accord with the standards listed in UDC 11-3B-9C.
“Restrict curb cuts and access points on collectors and arterial streets.” (3.06.02D)
Only one access for this site is approved as shown on the plat; there is no local street access
available to this property.
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“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 sewer and water service is available and will be extended by the applicant with
development of the property in accord with UDC 11-3A-21.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone (UDC 11-2B-1): The purpose of the commercial districts is to provide
for the retail and service needs of the community in accordance with the Meridian comprehensive
plan. Six (6) districts are designated which differ in the size and scale of commercial structures
accommodated in the district, the scale and mix of allowed commercial uses, and the location of
the district in proximity to streets and highways (UDC 11-2B-1).
B. Schedule of Use: Unified Development Code (UDC) Table 11-2B-2 lists the principal permitted
(P), accessory (A), conditional (C), and prohibited (-) uses in the C-C zoning district. Any use not
explicitly listed, or listed as a prohibited use is prohibited. Flex space and office uses are listed as
a permitted use in the C-C zoning district. Expansion of the existing daycare use requires CUP
approval.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Table 11-2B-3 for the C-C zoning district.
D. Landscaping: NA (Street buffer landscaping already exists on this site in accord with the
standards listed in UDC 11-3B-7C.)
E. Off-Street Parking: Off-street parking is required in accord with UDC 11-3C-6B for non-
residential uses.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
1. Development Agreement (DA) Modification: A modification to the existing DA to update
the uses allowed on the property from those allowed in the L-O district to those allowed in the C-
C district consistent with the proposed rezone request. The existing DA provisions are included in
Exhibit A.6.
Staff recommends new provisions are included in the DA that require future development of the
site to substantially comply with the conceptual development plan and building elevations
included in Exhibits A.4 and A.5; and the design standards listed in the Architectural Standards
Manual. See Section I in Exhibit B for the changes recommended by Staff to the DA. No other
changes are proposed or recommended by Staff.
2. Rezone:
The applicant has applied for a rezone of 1.49 acres of land from the L-O to the C-C zoning
district. As discussed above in Section VII, the proposed zoning is consistent with the
corresponding FLUM designation of MU-C and the policies in the Comprehensive Plan as noted.
The legal description submitted with the application, included in Exhibit C, shows the boundaries
of the property proposed to be rezoned.
The applicant has submitted a conceptual development plan, included in Exhibit A.2, showing
how the site is proposed to develop with 2 commercial buildings, associated parking areas and a
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driveway access via S. Locust Grove Rd. Conceptual elevations were also submitted for the
future buildings on the site, included in Exhibit A.5.
3. Short Plat
The applicant has submitted a short plat application consisting of 2 building lots on 1.33 acres
land in a proposed C-C zoning district (see Exhibit A.3).
Existing Structures: There is one existing structure on the western portion of this site that will
be retained until redevelopment occurs. The concept plan demonstrates how the site may
redevelop upon removal of this structure.
Dimensional Standards: Future development on the site is required to comply with the
dimensional standards listed in UDC Table 11-2B-3 for the C-C zoning district. The structures
depicted on the concept plan comply with the setback requirements of the district.
Access: One driveway access exists to this site via S. Locust Grove Road Drive which is
proposed to remain. This driveway will provide access to both of the proposed lots. An easement
is depicted on the plat on Lot 2, Block 1 for the driveway and Note #6 describes the easement. No
other accesses are proposed or approved with this application.
Because local street access is not available, the UDC (11-3A-3A) requires the property owner to
grant cross-access/ingress-egress easements to adjoining properties. Therefore, staff
recommends a cross-access easement and driveway stubs are provided to the property to
the north (parcel #S1118110130) and to the south (parcel #R5901170120). A copy of the
recorded easements should be submitted with the short plat for City Engineer signature and
a note should be included on the plat referencing the recorded instrument numbers of the
easements.
Waterways: There are no waterways that cross this site.
Utilities: The UDC (11-3A-21) requires all development to connect to the City water and sewer
system unless otherwise approved by the City Engineer. Water and sewer services are currently
provided to the existing building at the rear of the property.
Adequate fire protection shall be required in accord with the appropriate fire district standards.
Street lighting is required to be installed with development of this property in accord with the
City’s adopted standards, specifications and ordinances.
Pressurized Irrigation (PI): The UDC (11-3A-15) requires an underground PI system to be
provided for this development in accord with UDC 11-3A-15.
Landscaping: A 25-foot wide street buffer landscaped in accord with the standards listed in UDC
11-3B-7C exists on the site; no other landscaping is required with the subdivision. Note: If the
abutting property to the north is still a residential use at the time of lot development, a 25-foot
wide landscape buffer will be required in accord with the standards listed in UDC 11-3B-9C.
Sidewalk: Sidewalks are required to be constructed with development in accord with the
standards listed in UDC 11-3A-17. Typically, a 5-foot wide detached sidewalk would be required
along S. Locust Grove Rd., an arterial street; however, because there is an existing attached
sidewalk that is in good condition, the Director is waiving this requirement as allowed by UDC
11-3A-17C.
Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-7C.
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Certificate of Zoning Compliance (CZC): A CZC is required to be submitted prior to issuance
of any building permits on the site to ensure compliance with UDC standards and the conditions
noted in Exhibit B.
Design Review: All future structures are required to comply with the design standards listed in
the Architectural Standards Manual. A design review application is required to be submitted
concurrently with the CZC application(s).
In summary, Staff recommends approval of the proposed rezone, short plat and development
agreement modification requests for this site per the provisions listed in Exhibit B of this report
in accord with the findings contained in Exhibit D.
X. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning and Aerial Map
2. Conceptual Development Plan (dated: March 12, 2018)
3. Short Plat (dated: 2/20/2017)
4. Landscape Plan/Exhibit Map for Lot Layout (dated: 2/20/2017)
5. Conceptual Building Elevations (dated: 12/14/2017)
6. Existing & Proposed Development Agreement Provisions
B. Agency & Department Comments
C. Legal Description & Exhibit Map for Rezone Boundary
D. Required Findings from Unified Development Code
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A. Drawings
1. Vicinity/Zoning & Aerial Map
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2. Conceptual Development Plan (dated: March 12, 2018)
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3. Short Plat (dated: 04/11/2018)
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4. Landscape Plan (dated: 08/23/2017)
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5. Conceptual Building Elevations (dated: 12/14/2017)
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6. Existing Development Agreement Provisions
Section 4 – USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those in the L -O zoning under
City’s Zoning Ordinance codified as Meridian Unified Development Code §11-2B-2.
4.2 No change in the uses specified in this Agreement shall be allowed without modification
of this Agreement.
Section 6 – CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY.
6.1 “Owner” shall develop the “Property” in accordance with the following special
conditions:
6.1.1 In accordance with the provisions of Section 4 of this Agreement, which are adopted
herein at reference as if set forth at length.
6.1.2 Sanitary sewer and water service shall be extended to and through the property within
three years of the approval of this Amendment by City Council or unless development of
the Property happens before the 36 month time limit is up. The Owner/Developer shall
submit a surety (letter of credit or cash), along with a bid, for 110% of the cost of
installation of these improvements prior to issuance of the Certificate of Zoning
Compliance. The Owner/Developer shall coordinate routing and placement of lines with
the Public Works Department.
6.1.3 The undeveloped portion of the Property shall be mowed and kept free of weeds greater
than 8” tall.
6.1.4 A Certificate of Zoning Compliance application shall be submitted to the Planning
Department for the establishment of the proposed use.
6.1.5 Landscaping (i.e. street buffers, buffers to residential uses, parking lot landscaping, etc.)
shall be installed on the Property in accordance with the standards listed in UDC 11-3B.
Landscaping may be installed in phases over a period of three years of the approval of
this Amendment by City Council or unless development of the Property happens before
the 36 month time limit is up. A landscape plan, in compliance with current UDC
standards, shall be submitted for review and approval with the Certificate of Zoning
Compliance application. A surety (letter of credit or cash), along with a bid, for 110% of
the amount of the cost of the required landscape improvements, shall be submitted to the
City prior to issuance of the Certificate of Zoning Compliance.
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B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS & CONDITIONS
1. PLANNING DEPARTMENT
1.1 Development Agreement Modification
1.1.1 The Development Agreement for Woodbridge (AZ-99-020, Inst. #100006603; MDA-09-002,
Inst. #109074711) shall be amended as follows:
Section 4:
4.1 The uses allowed pursuant to this Agreement are only those in the L-O C-C zoning under
City’s Zoning Ordinance codified as Meridian Unified Development Code 11-2B-2.
Include new provisions in the agreement, as follows:
“Future development of the site shall substantially comply with the conceptual development
plan and building elevations included in Exhibit ___.” [Include the conceptual development
plan and building elevations in staff report Exhibits A.4 and A.5 in the development
agreement as an exhibit(s)].
Future development shall comply with the design standards listed in the Architectural
Standards Manual and structure and site design standards set forth in UDC 11-3A-19.
Note: All other provisions remain the same.
The amended DA shall be signed by the property owner and returned to the City within six (6)
months of the City Council granting approval of the modification.
1.2 Site Specific Conditions of Approval – Short Plat
1.2.1 Applicant shall meet all terms of the development agreement for this subdivision.
1.2.2 The final plat prepared by Idaho Survey Group, LLC, stamped on 04/11/2018 by Gregory G.
Carter, shall be revised as follows:
a. Include a note stating direct lot access via S. Locust Grove Road, other than the access
approved with this subdivision, is prohibited as set forth in UDC 11-3A-3.
b. The 25-foot wide street buffer required along S. Locust Grove Rd. shall be on a common lot
or on a permanent dedicated buffer, maintained by the property owner of business owner’s
association as set forth in UDC 11-3B-7C.2a; depict and include a note accordingly.
c. Include a call-out for the easement described in Note #7 and graphically depicted on the plat
(i.e. see note #7).
d. Include the symbol depicted on the plat for the access driveway in the Legend.
e. Include a note on the plat referencing the recorded instrument numbers of the cross-access
easements required to the properties to the north (parcel #S1118110130) and south (parcel
#R5901170120).
1.2.3 The landscape plan prepared by Breckon Land Design, dated 08/23/2017, is approved as
submitted.
1.2.4 Submit a copy of the recorded easements granting cross-access to the properties to the north
(parcel #S1118110130) and south (parcel #R5901170120) with the plat for City Engineer
signature.
1.2.5 All fencing is required to comply with the standards listed in UDC 11-3A-7C.
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1.2.6 If the City Engineer’s signature has not been obtained on the short plat within two (2) years of the
City Council’s approval thereof, the short plat shall become null and void unless a time extension
is obtained, per UDC 11-6B-7.
1.2.7 Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the
accompanying acknowledgement signed and notarized.
1.2.8 Applicant shall be responsible for the extension of sanitary sewer and/or water services to each
lot, and abandon any existing services that do not fall within design guidelines.
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 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.
1.3.3 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
1.3.4 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.
4. 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 application. Street light plan
requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can
be found at http://www.meridiancity.org/public_works.aspx?id=272
2.1.2 Applicant shall be responsible for the extension of sanitary sewer and water mainlines into the
site to provide service to the individual lots. Any existing stubs that are not utilized for this
project will need to be properly abandoned per Meridian Public Works Department Standards.
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
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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 signatur e 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.
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.
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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.
3. POLICE DEPARTMENT
3.1 The Police Department has no comments on this application.
4. FIRE DEPARTMENT
Project Overview:
1. Level of Service Travel time from nearest fire station (level of service expectation = 5
minutes)
This development is 2:00 minutes from the nearest fire station. If approved, the Fire
Department can meet the response time requirements.
2. Resource reliability Current reliability of closest fire station (expectation should be 85% or
greater)
This development is closest to Fire Station #3. Current reliability is 90% from this station
and meets the targeted goal of 85% or greater.
3. Resource allocation Risk Factor (1=residential, 2=residential with hazards, 3=commercial,
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4=commercial with hazards, 5=industrial)
This proposed commercial development has a risk factor of 3, in which current resources
would be adequate to supply service to this propose project.
4. Resources available Water Supply (list expectations)
Water supply for this proposed development requires 2250 gallons per minute for two
hours. (Approximate – see appendix B of the 2015 International Fire Code)
5. Accessibility Roadway Access, traffic
This project meets all required road widths and turnarounds. There will need to be “NO
Parking Fire Lane” signs installed on the driveway.
6. Specialty needs
a. Aerial device needed for development?
i. If yes, is one available within a 10 minute travel time
This proposed development will require an aerial device response in the case of a structure
fire. The closest truck company is 2 minutes travel time (in perfect conditions) to the
proposed development, and therefore the Fire Department can meet this need in the
required timeframe.
b. Other specialty needs (water rescue, hazmat, technical rescue)?
i. If yes, is one available within a 5 minute travel time?
There are no specialty needs on this project.
7. Other Comments
There appears to not be any additional parking for visitors. The fire department is
concerned that the roadways will become congested with vehicles.
4.1 Commercial and office occupancies will require a fire-flow consistent with International
Fire Code Appendix B to service the proposed project. Fire hydrants shall be placed
per Appendix C.
4.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department or
their designee 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 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
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additions to existing buildings within 1,000 feet of the project.
4.3 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 ma y 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.
4.4 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.
4.5 Ensure that all yet undeveloped parcels are maintained free of combustible
vegetation as set forth in International Fire Code Section 304.1.2.
4.6 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.
4.7 Provide a Fire Department Key box entry system for the complex prior to
occupancy as set forth in International Fire Code Section 506.
4.8 The applicant shall work with Public Works and Planning Department staff to
provide an address identification plan and a sign which meets the requirements of
the City of Meridian sign ordinance and is placed in a position that is plainly legible
and visible from the street or road fronting the property, as set forth in International
Fire Code Section 505.1 and Meridian Amendment 104-4-1.
4.9 All portions of the buildings located on this project must be within 150’ of a
paved surface as measured around the perimeter of the building as set forth in
International Fire Code Section 503.1.1.
4.10 As set forth in International Fire Code Section 504.1, multi-family and commercial
projects shall be required to provide an additional sixty inches (60”) wide access point to the
building from the fire lane to allow for the movement of manual fire suppression equipment
and gurney operations. The unobstructed breaks in the parking stalls shall be provided so
that building access is provided in such a manner that the most remote part of a building can
be reached with a length of 150' fire hose as measured around the perimeter of the building
from the fire lane. Code compliant handicap parking stalls may be included to assist meeting
this requirement. Contact the Meridian Fire Department for details.
5. PARKS DEPARTMENT
5.1 The Park’s Department has no comments on this application.
6. ADA COUNTY HIGHWAY DISTRICT
6.1 Site Specific Conditions of Approval
6.1.1 Consistent with ACHD’s Minor Improvements Policy, the applicant should be required to
correct deficiencies or replace deteriorated facilities on Locust Grove Road abutting the
site.
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6.1.2 Locust Grove Road is classified as a minor arterial roadway. Other than the access
specifically approved with this application, direct lot access is prohibited to this roadway
and should be noted on the final plat.
6.1.3 A Traffic Impact Fee may be assessed by ACHD and will be due prior to issuance of a
building permit. Please contact the ACHD Planner (see below) for information regarding
impact fees.
6.1.4 Plans shall be submitted to the ACHD Development Services Department for plans
acceptance, and impact fee assessment (if an assessment is applicable).
6.1.5 Comply with the Standard Conditions of Approval as noted below.
6.2 Standard Conditions of Approval
6.2.1 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).
6.2.2 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).
6.2.3 Private Utilities including sewer or water systems are prohibited from being located within the
ACHD right-of-way.
6.2.4 In accordance with District policy, 7203.6, the applicant may be required to update any existing
non-compliant pedestrian improvements abutting the site to meet current Americans with
Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of
ADA compliance to District Development Review staff for review.
6.2.5 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.
6.2.6 A license agreement and compliance with the District’s Tree Planter policy is required for all
landscaping proposed within ACHD right-of-way or easement areas.
6.2.7 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
6.2.8 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.
6.2.9 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.
6.2.10 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.
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6.2.11 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
6.2.12 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.
6.2.13 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 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 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 rezone the subject 1.49 acre property with a C-C zoning district
consistent with the MU-C FLUM designation for this property. The City Council finds that
the proposed map amendment and future commercial use of the property complies with the
provisions of the Comprehensive Plan and should be compatible with the adjacent residential,
commercial and industrial 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 C-C zoning district is
consistent with the purpose statement for the commercial districts as detailed in Section VIII
above.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
Based on public testimony, the City Council finds that the proposed zoning map amendment
will not be detrimental to the public health, safety or welfare.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
The 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).
The City Council finds rezoning this property to the C-C zoning district is in the best interest
of the City.
2. Short Plat Findings:
In consideration of a short plat, the decision-making body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan and is consistent with the Unified
Development Code;
The Comprehensive Plan designates the future land use of this property as MU-C; the proposed
zoning is C-C. The City Council finds the proposed short plat complies with the Comprehensive
Plan and the dimensional standards in the UDC for the C-C zoning district.
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 are adequate to serve the site.
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c. The plat is in conformance with scheduled public improvements in accord with the City’s
capital improvements program;
The City Council finds that the development will not require the expenditure of capital
improvement funds. All required utilities are being provided with the development of the property
at the developer’s expense.
d. There is public financial capability of supporting services for the proposed development;
The City Council finds that the development will not require major expenditures for providing
supporting services. The developer and/or future lot owner(s) will finance the extension of sewer,
water, utilities and pressurized irrigation to serve the project.
e. The development will not be detrimental to the public health, safety or general welfare; and
The City Council recognizes the fact that traffic and noise may increase with the approval of this
subdivision; however, staff does not believe that any additional amount generated will be
detrimental to the general welfare of the public in the surrounding area. The City Council finds
that the development of this site will not involve uses that will create nuisances that would be
detrimental to the public health, safety or general welfare.
f. The development preserves significant natural, scenic or historic features.
The City Council is not aware of any significant natural, scenic or historic features associated
with the development of this site.
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