Burlingame Subdivision H-2018-0079 MDACITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-00079 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request to Modify the Existing Development Agreement (MDA) to include a
New Conceptual Development Plan for the Site, to Allow for Additional Residential Lots in a
Proposed R-8 zone; a Rezone of 18.994 Acres from R-4 to R-8 and a Preliminary Plat (PP)
Consisting of 74 building lots and 14 common area lots on 18.994 acres of land in a proposed R-8
zoning district, by Yuriy Mukha.
Case No(s). H-2018-0079
For the City Council Hearing Dates of: November 7, 2018 (Findings on November 20, 2018)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of November 7, 2018, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of November 7, 2018, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of November 7,
2018, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of November 7, 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 November 20, 2018 – Page 166 of 370
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-00079 - 2 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of November 7, 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 an amendment to the Development Agreement, a Rezone and
Preliminary Plat is hereby approved per the conditions of approval in the Staff Report for the
hearing date of November 7, 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.
Meridian City Council Meeting Agenda November 20, 2018 – Page 167 of 370
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-00079 - 3 -
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
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 November 7, 2018
Meridian City Council Meeting Agenda November 20, 2018 – Page 168 of 370
By action of the City Council at its regular meeting held on the 20'*' day of NoVe M ba'
2018.
COUNCIL PRESIDENT JOE BORTON VOTED `I(
COUNCIL VICE PRESIDENT LUKE CAVENER VOTED jt6
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED_j?
COUNCIL MEMBER TY PALMER VOTED _%
COUNCIL MEMBER TREG BERNT VOTED
COUNCIL MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
C(71,Q ()Cl 1
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: 0-U)8Dated:
City Clerk's Office
I/a6-19
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-00079 -4-
MAYOR
4 -
Exhibit A
Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 1
STAFF REPORT
HEARING DATE: November 7, 2018
TO: Mayor & City Council
FROM: Joshua Beach, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Burlingame Subdivision – RZ, MDA, PP (H-2018-0079)
I. SUMMARY DESCRIPTION OF APPLICANTS’ REQUEST
The applicant, Yuriy Mukha, has submitted an application to modify the existing development agreement
(MDA) to include a new conceptual development plan for the site, to allow for additional residential lots in a
proposed R-8 zone; a rezone of 18.994 acres from R-4 to R-8 and a preliminary plat (PP) consisting of 74
building lots and 14 common area lots on 18.994 acres of land in a proposed R-8 zoning district. See Section
VIII, Analysis, for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed MDA, RZ and PP applications based on the Findings of Fact and
Conclusions of Law in Exhibit D of the Staff Report.
The Meridian Planning & Zoning Commission heard these items on September 20, 2018. At the public
hearing, the Commission moved to recommend approval of the subject MDA, PP and RZ requests.
a. Summary of Commission Public Hearing:
i. In favor: Becky McKay
ii. In opposition: Keri Donahue
iii. Commenting: William McEwen, Keri Donahue
iv. Written testimony: Jeannette O’Brion
v. Staff presenting application: Josh Beach
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. William McEwn had concerns about the depth of the sewer being stubbed to his property and
whether it was even possible to engineer the sewer to serve his property.
ii. Concerns about the increase in traffic through the Turnberry Crossing subdivision.
c. Key Issues of Discussion by Commission:
i. This is an improvement in design and in open space and amenities when compared to the
previous version of the project.
ii. Concerns that the size of the lots/zoning do not match the surrounding area.
d. Commission Change(s) to Staff Recommendation:
i. None
e. Outstanding Issue(s) for City Council:
i. The applicant requests a step-up in density from LDR to MDR.
ii. The applicant has asked Council to keep the irrigation facilities as open waterways.
The Meridian City Council heard these items on November 7, 2018. At the public hearing, the
Council approved the subject RZ, MDA and PP requests.
a. Summary of Council Public Hearing:
Meridian City Council Meeting Agenda November 20, 2018 – Page 170 of 370
Exhibit A
Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 2
i. In favor: Becky McKay
ii. In opposition: Denise LaFever
iii. Commenting: William McEwen, Denise LaFever, Kent Blake,
iv. Written testimony: none
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. William McEwen had concerns about the height of the proposed home aabutting his property.
He has concerns about privacy for the Montessori school they operate.
ii. Concerns about the increase in density from the previous version of this development.
c. Key Issues of Discussion by Council:
i. The location of a proposed fire hydrant
d. Key Council Changes to Commission Recommendation
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2018-0079, as
presented in the staff report for the hearing date of November 7, 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-2018-0079, as
presented during the hearing on November 7, 2018, for the following reasons: (You should state specific
reasons for denial.)
Continuance
I move to continue File Number H-2018-0079 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 subject property is located near the northeast corner of W. Cherry Lane and N. Black Cat Road in
the SW ¼ of Section 4, Township 3N., Range 1W.
B. Applicant:
Yuriy Mukha
5504 N. Senita Hills Avenue
Meridian, ID 83642
C. Owner:
Yuriy Mukha
5504 N. Senita Hills Avenue
Meridian, ID 83646
D. Representative:
Becky McKay Engineering Solutions, LLP
1029 N. Rosario Street, Suite 100
Meridian, ID 83642
Meridian City Council Meeting Agenda November 20, 2018 – Page 171 of 370
Exhibit A
Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 3
E. Applicant's Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject applications are for a modification to the development agreement, rezone and a preliminary
plat. A public hearing is required before the Planning & Zoning Commission and City Council on the
rezone and preliminary plat; a public hearing is only required before the City Council on the
development agreement modification, consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: August 31, 2018 (P&Z); September 28 and October 19, 2018
(Council)
C. Radius notices mailed to properties within 300 feet on: August 24, 2018 (P&Z); September 21 and
October 16, 2018 (Council)
D. Applicant posted notice on site by: September 10, 2018 (P&Z); October 29, 2018 (Council)
VI. LAND USE
A. Existing Land Use(s): There are currently two existing single-family homes on the subject property.
The one the west side of the property will remain as part of the proposed subdivision and will be
located on Lot 3, Block 5 and the home on the east side of the property will be removed as part of
the application. The property is currently zoned R-4 with a request to be rezoned to R-8.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Single-family residential (Turnberry Crossing), zoned R-4
South: Single-family residential property, zoned RUT in Ada County
East: Two Church buildings, zoned L-O and a single-family residence and daycare zoned RUT in Ada
County.
West: Single-family residences, zoned RUT in Ada County
C. History of Previous Actions:
In 2017 a development agreement modification (Instrument No. 2018-014051) was approved that
replaced the previously approved concept plan and allowed for up to 60 single family residential
lots. Concurrently a preliminary plat was approved that allowed up to 60 single-family lots (H-2017-
0055).
D. Utilities:
a) Location of sewer: This development is proposed to sewer to the existing mainline in N. Black Cat
Road.
b) Location of water: The development shall be required to connect to the existing mainline stub in N.
O’Conner Avenue to the north, and to the existing mainline in W. Cherry Lane.
c) Issues or concerns: A portion of this development is master planned to sewer westerly to the
undeveloped McDermott service area. The developer will need to prove that adequate depth and
cover can be provided over the sewer mains in the southwestern side of the development. In
addition, a sewer stub shall be provided to service 5136 W. Cherry Lane. Sufficient capacity is
available in the sewer trunk line in N. Black Cat Road for this development.
E. Physical Features:
1. Canals/Ditches Irrigation: The Stafford Sublateral and Settlers Canal run along the northern
boundary of this property. There appears to be other irrigation ditches that traverse through this
Meridian City Council Meeting Agenda November 20, 2018 – Page 172 of 370
Exhibit A
Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 4
site on the east boundary All open irrigation ditches, laterals and canals, should be tiled when
this property develops.
2. Hazards: No hazards have been identified on this site.
3. Flood Plain: This property does not lie within the Floodplain Overlay District.
VII. COMPREHENSIVE PLAN ANALYSIS
The subject property is designated Low Density Residential (LDR) on the Future Land Use Map (FLUM)
contained in the Comprehensive Plan. Low density residential areas are anticipated to contain up to three
dwellings per acre.
The applicant proposes to develop the site with 74 single-family residential homes, 14 more than what is
allowed under the current development agreement, at a gross density of 3.90 dwelling units per acre
(d.u./acre) and a net density of 4.98 d.u./acre which is slightly above the anticipated density of the LDR
designation. Because the applicant desires to increase the number of lots, the gross density of the project has
slightly increased from the previous approval. Therefore, the applicant requests a “step-up” in density as
allowed by the Comprehensive Plan but the request is subject to the approval of the City Council. If the
Council grants the “step-up” in density from LDR to MDR, the proposed project is consistent with the LDR
FLUM designation.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the
proposed use (staff analysis in italics):
“Require appropriate landscaping and buffers along transportation corridor (setback, vegetation, low
walls, berms, etc.).” (3.06.02F)
A 25-foot wide street buffer is required along W, Cherry Lane, designated as an arterial street,
landscaped in accord with the standards listed in UDC 11-3B-7C Landscape Buffers along Streets.
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.
The proposed residential development will provide another housing option in this portion of the City
adjacent to existing low-medium density residential uses. Staff is unaware of how “affordable” homes in
this development will be.
Require street connections between subdivisions at regular intervals to enhance connectivity and better
traffic flow. (3.03.03C)
The submitted preliminary plat proposes to extend the one stub street currently provided to this property
from the north (O’Conner Avenue). The applicant is also proposing to stub one street to the west and
one to the east in order to provide for greater connectivity in the area once those parcels are
redeveloped.
“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 to be extended by the developer to the proposed lots with development in
accord with UDC 11-3A-21.The existing home that is to remain will also be required to connect to City
services. The home located at 5136 W. Chery Lane must connect per the recorded DA.
“Protect existing residential properties from incompatible land use development on adjacent parcels.”
(3.06.01F)
Meridian City Council Meeting Agenda November 20, 2018 – Page 173 of 370
Exhibit A
Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 5
The applicant is proposing a residential development. Staff finds that the existing single-family
residential properties to the north, south, east and west, as well as the churches to the east, are
compatible with the proposed development.
“Require pedestrian access connectors in all new development to link subdivisions together to promote
neighborhood connectivity as part of a community pathway system.” (3.03.03B)
The applicant is proposing to construct five-foot wide sidewalks adjacent to all of the proposed streets,
which connect to adjacent properties. The pathways master plan shows a 10-foot multi-use pathway
along the irrigation facilities that run along the north boundary of the site. The applicant has proposed
to route the multi-use pathway through existing irrigation easements consistent with the Master
Pathways Plan.
“Limit canal tiling and piping of ditches, creeks, and drains where public safety issues are not of
concern. (5.01.01D)
The applicant has asked Council to keep the irrigation facilities as open. The UDC requires that any
open irrigation facilities be tiled or landscaped as a water amenity or linear open space. The applicant
will need to landscape the irrigation facilities in accord with the requirements of the UDC.
“Require usable open space to be incorporated into new residential subdivision plats.” (3.07.02A)
Previous: The previous proposal was for 1.89 acres (10%) of open space for the development. The
applicant also proposed two section of a multi-use pathway as their one (1) required amenity for the
subdivision.
Current: The applicant is currently proposing 2.26 acres (11.9%) of open space for the development.
The applicant is also proposing two section of a multi-use pathway as their one (1) required amenity for
the subdivision. The applicant is also proposing a children’s play structure, a gazebo and internal
pathways as well as two sections of the City’s multi-use pathway as additional amenities for the
development.
The current proposal offers almost .5 of an acre of addition open space compared to the previous
version of the plat and offers much more in the way of amenities to include a gazebo, a play
structure, multi-use pathways and internal micropaths that will connect the entire subdivision for
pedestrians.
In accord with the above-stated policies and goals, Staff feels the proposed development is consistent with
the Comprehensive Plan and the LDR FLUM designation if Council approves a “step up” in density for this
development.
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-2 lists the principal permitted (P),
accessory (A), conditional (C), and prohibited (-) uses in the R-8 zoning district. Any use not explicitly
listed, or listed as a prohibited use is prohibited. The proposed use of the property for single-family
detached dwellings is a principal permitted use in the proposed R-8 zoning district.
C. Dimensional Standards: Development of the site should be consistent with the dimensional standards
listed in UDC Table 11-2A-6 for the R-8 zoning district.
D. Common Open Space and Site Amenities: Open space and site amenities for the development shall be
Meridian City Council Meeting Agenda November 20, 2018 – Page 174 of 370
Exhibit A
Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 6
developed in accord with the standards set forth in UDC 11-3G.
E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single-family
dwellings.
F. Subdivision Design and Improvement Standards: The subdivision must comply with the subdivision
design standards outlined in UDC 11-6C-3.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
REZONE (RZ): The applicant has applied to rezone the property from the R-4 zoneto the R-8 zone. The
rezone is desired by the applicant to align with his vison to market the property to retirees and empty
nesters. The applicant believes that with the rezone to R-8 and the reduced dimensional standards, the
project will now be much easier to market to their target demographic.
The R-8 zoning district is an allowable zoning designation within the LDR Comprehensive Plan
designation and the proposed density is appropriate if a “step up” is approved by Council.
DEVELOPMENT AGREEMENT MODIFICATION (MDA): Development of this property is currently
governed by the development agreement (DA) approved for the Burlingame Subdivision (Instrument No.
2018-014051).
Because the applicant’s vision for the property does not match what was approved and required with the
previous development agreement, the applicant has applied to modify the existing development
agreement to update the development plan and building elevations.
The previous approved plan included 60 single-family residential lots and 7 common lots with an
R-4 designation, which had a density of 4.43 d.u./acre, and contained 1.89 acres of open space. The
previous iteration did not require a step up in density per the Comprehensive Plan because the
density was in line with the requirements of the Low Density Residential designation.
The new plan consists of 74 residential lots and 14 common lots, has 2.26 acres of open space and
has a density of 4.98 which will require approval of a “step up” in density.
The new DA should include the proposed development plan and any changes required and building
elevations included as attached exhibits. See Exhibit A.5 for Staff’s recommended DA provisions.
5136 W. Cherry Lane: With a recent property boundary adjustment one of the existing homes (5136 W.
Cherry Lane) was split off and excluded from the proposed preliminary plat and rezone boundary.
However, this home is still part of the recorded development agreement. Staff has reviewed the recorded
development agreement and finds that even though it is not part of the plat as required in the recorded
development agreement, that this home should be required to hook-up to City services; close the existing
access to Cherry Lane; extend a 10-foot multi-use pathway along the frontage, provide a 25 foot
landscape buffer in accord with UDC 11-3B-7 and take from the proposed W. Montgomery Way and
shall abandon direct access to Cherry Lane prior to the City Engineer’s signature on the first final plat.
PRELIMINARY PLAT (PP): A preliminary plat is proposed consisting of 74 building lots and 14 common
lots on 18.99 acres of land in the proposed R-8 zoning district. The plat is proposed to develop in 3
phases as shown in Exhibit A.2. The average lot size is 7,152 square feet (s.f.) with a minimum lot size
of 5,600 s.f. in accord with UDC standards.
Meridian City Council Meeting Agenda November 20, 2018 – Page 175 of 370
Exhibit A
Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 7
Dimensional Standards: The lots in the proposed subdivision are required to comply with the
dimensional standards of the R-8 zoning district listed in UDC Table 11-2A-5 and the block length
standards listed in UDC 11-6C-3F.
Access/streets: The subject property is currently developed with two (2) existing residences. Both of
these homes have an access from a 25-foot wide private access easement to/from Black Cat Road across
the two (2) existing church properties along the east boundary. The applicant is required to vacate this
existing access easement and to provide access to all of the dwellings within this development via
internal public streets in accord with UDC 11-3A-3.
The easternmost home will be removed with the development and the other home, located near the
northwest corner of the development, will remain as part of the development and is located on Lot 3,
Block 5.
For this development, the applicant is proposing to construct a new public street access to Cherry Lane
(N. Montgomery Way), and extend O’Conner Avenue into the site from the north. Two stub streets are
proposed; one along the west boundary (N. Bonita Way) and the other along the east boundary (W.
White Birch Dr.) for future interconnectivity. Staff is generally supportive of the proposed street system.
ACHD has submitted comments and conditions back to the City for this project. ACHD staff has not
required any significant changes to the plat.
Fencing: Staff has reviewed the proposed fencing for the subdivision and found it to be in compliance
with UDC 11-3A-7.
Temporary fencing shall be installed during construction and a detailed fencing plan should be submitted
with the final plat.
Landscaping: Street buffer landscaping is required to be provided as set forth in UDC Tables 11-2A-5
as discussed above under Dimensional Standards. Landscaping within the street buffers should be
provided in accord with the standards listed in UDC 11-3B-7C. Per the existing DA on the property,
Council approved a 25 foot landscape buffer across the frontage of 5136 W. Cherry Lane.
Pathways: The Pathways Master Plan depicts a regional pathway on this site along the north side of the
Cherry Lane, and another section of the 10-foot regional pathway along the north side of the property
adjacent to the Settlers Canal. The applicant also proposes to extend a10-foot multi-use pathway along
the northern portion of the east boundary, stubbing the pathway at the west boundary of the church
properties. The existing DA for the property only required a 5 foot sidewalk along the frontage of 5136
W. Cherry Lane. Staff is of the opinion that a 10-foot multi-use pathway across the property located at
5136 W. Cherry Lane is essential in connecting to the properties to the east. Both pathways must be
paved and landscaped in accord with the standards set forth in UDC 11-3A-8 and UDC 11-3B-12.
The applicant is also proposing to construct several micropaths within the development as part of an
internal pathway system. The proposed micropaths must be 5-foot in width and landscaped in accord
with the standards set forth in UDC 11-3A-8 and UDC 11-3B-12.
Irrigation Easement: There are existing irrigation easements along the north and a portion of the east
boundary of the project. During the project review meeting with other City Departments, concerns were
raised that this area could be an unsafe corridor due to the lack of visibility. In discussing this with the
applicant it was determined that Settlers’ Irrigation District needs this area to remain open so they have
access to their irrigation facility. Because of this requirement staff is amenable to this area being in a
common lot however, staff believes the fencing along the rear yards of the buildable lots should be
restricted to 4-foot tall solid or 6-foot open vision fencing only so the future residents can police the area
and maintain visibility along the corridor. The applicant shall comply with all of the Settler’s Irrigation
District requirements and comply with UDC 11- 3B-12.
Meridian City Council Meeting Agenda November 20, 2018 – Page 176 of 370
Exhibit A
Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 8
Waterways: Both the Safford Sublateral and Settlers Canal cross the property on the north boundary.
Both lie within a 60-foot wide Settlers Irrigation District easement.
The UDC (11-3A-6) requires all irrigation ditches, laterals, canals and drains to be piped unless left open
as a water amenity (as defined in UDC 11-1A-1) or linear open space. The City Council may waive this
requirement for large capacity facilities. The applicant requests a waiver from Council to allow the
Settlers Canal and Safford Sublateral to remain open due to their large capacities. The applicant
proposes to provide a bridge over both for a vehicle/pedestrian crossing with the extension of the
road from the Turnberry Subdivision.
Common Driveways: The applicant is proposing two (2) common driveways proposed on the plat. Lot
20, Block 5 and Lot 13, Block 3. All common driveways should comply with the standards listed in
UDC 11-6C-3D. Staff has reviewed the dimensions of the common driveways depicted on the plat and
have found that Lot 13, Block 3 exceeds the maximum length of 150 feet for a common driveway. The
applicant shall reduce the length of the common driveway or provide a turn-around per fire code
requirements.
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 any plats using a common driveway, the setbacks, building envelope, and orientation of the
lots and structures are required to be shown on the preliminary plat and/or as an exhibit with the
final plat application.
Existing Trees: The applicant is responsible to mitigate all existing healthy trees 4-inch caliper or
greater that are removed from the site with equal replacement of the total calipers lost on site up to an
amount of 100% replacement in accord with UDC 11-3B-10. The applicant will need to contact the
City Arborist if any trees are to be removed. The existing trees that are to remain should be
protected during construction on the site.
Sidewalks and parkways: A detached sidewalk shall be constructed along the entire frontage of W.
Cherry Lane with the applicable phase of development in accord with UDC 11-3A-17. The applicant is
also proposing 5-foot wide attached sidewalks along the local streets through the development in accord
with UDC standards
Landscaping, Open Space and Amenities:
Previous: The previous proposal was for 1.89 acres (10%) of open space for the development. The
applicant also proposed two section of a multi-use pathway as their one (1) required amenity for the
subdivision.
Current: The applicant is currently proposing 2.26 acres (11.9%) of open space for the development. The
applicant is also proposing two section of a multi-use pathway as their one (1) required amenity for the
subdivision. The applicant is also proposing a children’s play structure, a gazebo and internal pathways
as well as two sections of the City’s multi-use pathway as additional amenities for the development.
Utilities: Street lighting is required to be installed within the development in accord with the City’s
adopted standards, specifications and ordinances. All development is required to connect to the City
water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21.
Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for the
development in accord with UDC 11-3A-15 as proposed.
Storm Drainage: An adequate storm drainage system is required in all developments in accord with the
City’s adopted standards, specifications, and ordinances, per UDC 11-3A-18.
Meridian City Council Meeting Agenda November 20, 2018 – Page 177 of 370
Exhibit A
Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 9
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 board and batten and horizontal lap siding and stone accents and stucco. Because none of the homes
will front on any collector or arterial streets, staff is not requiring additional architectural features for the
homes. However, the proposed elevations should be incorporated into the amended development
agreement to ensure future homes are constructed as proposed by the applicant.
Staff recommends approval of the subject applications with the conditions listed in Exhibit B per the
Findings in Exhibit D.
IX. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
2. Previous Preliminary Plat (dated: 04/07/2017)
3. Proposed Preliminary Plat (dated: 07/11/2018)
4. Previous Landscape Plan (dated: 03/20/2017)
5. Proposed Landscape Plan (dated: 07/24/2018)
6. Building Elevations
7. Development Agreement Provisions for Burlingame Subdivision
B. Agency & Department Comments/Conditions
C. Required Findings from Unified Development Code
D. Rezone Legal Description and Exhibit Map
Meridian City Council Meeting Agenda November 20, 2018 – Page 178 of 370
Exhibit A
Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 10
Exhibit A.1: Vicinity/Zoning Maps
Meridian City Council Meeting Agenda November 20, 2018 – Page 179 of 370
Exhibit A
Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 11
Exhibit A.2: Previous Preliminary Plat (dated: 04/07/2017)
Meridian City Council Meeting Agenda November 20, 2018 – Page 180 of 370
Exhibit A
Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 12
Exhibit A.3: Proposed Preliminary Plat (dated: 07/11/2018)
Meridian City Council Meeting Agenda November 20, 2018 – Page 181 of 370
Exhibit A
Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 13
Exhibit A.4: Previous Landscape Plan (dated: 03/20/2017)
Meridian City Council Meeting Agenda November 20, 2018 – Page 182 of 370
Exhibit A
Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 14
Exhibit A.5 Proposed Landscape Plan (dated: 07/24/2018)
Meridian City Council Meeting Agenda November 20, 2018 – Page 183 of 370
Exhibit A
Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 15
Meridian City Council Meeting Agenda November 20, 2018 – Page 184 of 370
Exhibit A
Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 16
Exhibit A.6: Building Elevations
Meridian City Council Meeting Agenda November 20, 2018 – Page 185 of 370
Exhibit A
Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 17
Meridian City Council Meeting Agenda November 20, 2018 – Page 186 of 370
Exhibit A
Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 18
Exhibit A.6: Development Agreement Provisions for Burlingame Subdivision
1. That all future uses shall not involve uses, activities, processes, materials, equipment and conditions
of operation that will be detrimental to any persons, property or the general welfare by reason of
excessive production of traffic, noise, smoke, fumes, glare or odors.
2. That all future development of the subject property shall be constructed in accordance with City of
Meridian ordinances in effect at the time of development.
3. That the applicant will be responsible for all costs associated with the sewer and water service
extension.
4. That any existing domestic wells and/or septic systems within this project will have to be removed
from their domestic service, per City Ordinance Section 5-7-517, when services are available from
the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation.
5. That the following shall be the only allowed uses on this property: single-family detached homes
and allowed accessory uses in the R-4 and R-8 zones.
6. That a maximum of 60 74 single-family building lots shall be platted on this property.
7. That prior to issuance of any building permit, the subject property be subdivided in accordance with
the City of Meridian Unified Development Code.
8. That one public street access, and no driveways, will be allowed to Cherry Lane. Existing
driveway(s) to Black Cat Road and Cherry Lane may be utilized until the internal streets within the
plat are constructed and approved by the Transportation Authority (ACHD). At such time, direct lot
access to Cherry Lane and Black Cat Road shall be prohibited.
9. That the applicant shall be responsible for the payment of assessments and the actual physical hook-
up of the existing houses to the municipal services. The hook-ups shall be completed prior to
Certificates of Occupancy for each phase for which that house lies in Lot 2, Block 4 Lot 3 Block 5
shall be hooked to municipal services prior to Certificates of Occupancy of the phase that connects
to W. Cherry Lane.
10. Staff has reviewed the recorded development agreement and finds that even though it is not
part of the subdivision plat, this parcel is included in the existing recorded development
agreement, and is required to comply with the following:
1. Hook-up immediately to City services
2. Close the existing access to Cherry Lane
3. Extend a 10-foot multi-use pathway along the frontage
4. Provide a 25 foot landscape buffer in accord with UDC 11-3B-7
5. Shall be required to take access the proposed W. Montgomery Way and shall abandon
direct access to Cherry Lane prior to the City Engineer’s signature on the first final
plat.
Meridian City Council Meeting Agenda November 20, 2018 – Page 187 of 370
Exhibit A
Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 19
B. Agency & Department Comments/Conditions
1. PLANNING DIVISION
1.1 Development Agreement
1.1.1 The existing development agreement, recorded as Instrument #106151230 shall be amended to include a
new concept plan, landscape plan, new building elevations and to modify certain provisions of the
existing development agreement as noted in Exhibit A.5. A final plat application shall not be
submitted until the DA is signed and approved by City Council.
The new Development Agreement (DA) shall be signed by the property owner and returned to the
Planning Division within six (6) months of the City Council granting the modification/new agreement.
The DA shall, at minimum, incorporate the provisions in Exhibit A.5.
1.2 Preliminary Plat - Site Specific Conditions of Approval
1.1.1 The preliminary plat included in Exhibit A.2, dated 07/11/2018, shall be revised as follows :
a. The applicant shall connect the existing home (Lot 3, Block 5) to city utilities prior to signature on
the final plat that the specific home lies within.
b. All common driveways should comply with the standards listed in UDC 11-6C-3D. Staff has
reviewed the dimensions of the common driveways depicted on the plat and have found that Lot 13,
Block 3 exceeds the maximum length of 150 feet for a common driveway. The applicant shall
reduce the length of the common driveway or provide a turn-around per fire code requirements.
c. 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 any plats using a common driveway, the setbacks, building envelope, and
orientation of the lots and structures are required to be shown on the preliminary plat and/or as an
exhibit with the final plat application.
d. The property located at 5136 W. Cherry Lane shall access the proposed N. Montgomery Way and
shall abandon direct access to Cherry Lane prior to the City Engineer’s signature on th e first final
plat.
1.1.2 The landscape plan included in Exhibit A.3, dated 07/24/2018, shall be revised as follows:
a. Landscaping is required along the multi-use pathway that is required to cross through the plat. This
landscaping shall be installed in accord with the standards listed in UDC 11-3B-12C.
b. If the applicant is counting Lot 22, Block 3 and Lot 31, Block 5 as qualified open space, the areas
shall be landscaped in accord with UDC 11-3G-3. The applicant also has the option of requesting a
waiver from City Council to leave them open.
c. The applicant has requested to leave the irrigation canals open and shall landscape the canal in
accord with UDC 11-3B-12.
d. Ant storm drainage facilities shall comply with the conditions as set forth in UDC 11-3B-11.
e. The fencing proposed along the eastern boundary of Lots 23-28 of Block 3 shall be either a 4-foot
solid fence or 6-foot open vision fence in order to police the area and to maintain visibility in the
area.
f. The applicant shall revise the landscape plan to include a 25 foot landscape easement across the
frontage 5136 W. Cherry Lane.
g. The two proposed multi-use pathways shall be landscaped in accord with UDC 11-3B-12.
Meridian City Council Meeting Agenda November 20, 2018 – Page 188 of 370
Exhibit A
Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 20
h. Construct all amenities as proposed.
1.1.3 The developer shall construct all proposed fencing and/or any fenci ng required by the UDC, consistent
with the standards as set forth in UDC 11-3A-7 and 11-3A-6B.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC Table 11-
2A-6.
1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets.
1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in
UDC 11-3A-6.
1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-15,
UDC 11-3B-6 and MCC 9-1-28.
1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J.
1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for non-
residential uses.
1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-7C.
1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-11C.
1.2.10 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including
but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers,
and mailbox placement.
1.2.11 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate
for the loss of such trees as set forth in UDC 11-3B-10.
1.2.12 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
1.3 Ongoing Conditions of Approval
1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the
standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-
3B-5, UDC 11-3B-13 and UDC 11-3B-14.
1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in
UDC 11-3G-3F1.
1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval
associated with this site.
1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum
height of six feet above the ground or sidewalk surface to afford greater visibility of the area.
1.3.5 The applicant shall have an ongoing obligation to maintain all pathways.
1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in
UDC 11-3A-11.
1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and
constructed features within the clear vision triangle consistent with the standards in UDC 11 -3A-3.
Meridian City Council Meeting Agenda November 20, 2018 – Page 189 of 370
Exhibit A
Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 21
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 This development is proposed to sewer to the existing mainline in N. Black Cat Road, even though there
is a portion that is master planned to sewer westerly to the undeveloped McDermott service area. The
developer will need to prove that adequate depth and cover can be provided over the sewer mains in the
southwestern side of the development without adding excessive fill. Sufficient capacity is available in
the sewer trunk line in N Black Cat Road for this development, and Public Works is agreeable to the
design concept.
2.1.2 A sewer stub shall be provided to service 5136 W. Cherry Lane, and the developer shall be required to
physically install the grinder pump system, pay the assessment fees and connect the home to this service.
2.1.3 The development shall be required to connect to the existing water mainline stub in N. O’Conner
Avenue to the north, and to the existing mainline in W. Cherry Lane.
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
Meridian City Council Meeting Agenda November 20, 2018 – Page 190 of 370
Exhibit A
Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 22
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 signature of the final plat by the City
Engineer.
2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of
water (MCC 9-2-28C1). 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.
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 11-1-4B.
Meridian City Council Meeting Agenda November 20, 2018 – Page 191 of 370
Exhibit A
Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 23
2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads
receiving engineered backfill, where footing would sit atop fill material.
2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet
above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of
the crawl spaces of homes is at least 1-foot above.
2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage
facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The
design engineer shall provide certification that the facilities have been installed in accordance with the
approved design plans. This certification will be required before a certificate of occupancy is issued for
any structures within the project.
2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the
City of Meridian AutoCAD standards. These record drawings must be received and approved prior to
the issuance of a certification of occupancy for any structures within the project.
2.2.21 Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting
(http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at
developer’s expense. Final design shall be submitted as part of the development plan set for approval,
which must include the location of any existing street lights. The contractor’s work and materials shall
conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the
City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of
existing street lighting.
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 public sewer, water and reuse infrastructure for duration of
two years. This surety will be verified by a line item cost estimate provided by the owner to the City.
The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant
must file an application for surety, which can be found on the Community Development Department
website. Please contact Land Development Service for more information at 887-221.
3. POLICE DEPARTMENT
3.1 The Police Department has no comments on this application.
Meridian City Council Meeting Agenda November 20, 2018 – Page 192 of 370
Exhibit A
Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 24
4. FIRE DEPARTMENT
Meridian City Council Meeting Agenda November 20, 2018 – Page 193 of 370
Exhibit A
Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 25
Meridian City Council Meeting Agenda November 20, 2018 – Page 194 of 370
Exhibit A
Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 26
Meridian City Council Meeting Agenda November 20, 2018 – Page 195 of 370
Exhibit A
Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 27
5. REPUBLIC SERVICES
5.1 Republic Services did not submit comments on this application.
6. PARKS DEPARTMENT
6.1 Developer shall construct a 10 foot multi-use pathway as per the Meridian Pathways Master Plan
connecting Black Cat Road to the west boundary. A pedestrian pathway easement shall be recorded for
the required pathway. Coordinate with Kimberly Warren, Meridian Pathway Project Manager for details.
6.2 Coordinate with Elroy Huff, City Arborist for tree mitigation requirements on the development property.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval (DRAFT)
7.1.1 Construct curb ramps, runs and blended transitions to be equal to the width of the shared use path
crossing O’Conner Avenue, not including any flared sides if utilized.
7.1.2 Improve Cherry Lane to a minimum of 17-feet of pavement from centerline plus a 3-foot wide gravel
shoulder abutting the site.
7.1.3 Dedicate a minimum of 48-feet of right-of-way from the section line on Cherry Lane. As Cherry Lane is
not included in the CIP, no compensation will be provided.
7.1.4 Construct a minimum of 5-foot wide concrete sidewalk along Cherry Lane abutting the site located a
minimum of 41-feet from the centerline of Cherry Lane.
7.1.5 Construct Montgomery Way 120-feet north of Cherry Lane (measured from centerline) with two 21-foot
wide travel lanes, vertical curb, gutter, a 9-foot wide island and 5-foot wide concrete sidewalks within
65-feet of right-of-way.
7.1.6 Construct all other internal streets as 33-foot street sections, with rolled curb, gutter and 5-foot wide
concrete sidewalk within 47-feet of right-of-way.
7.1.7 Maintain a minimum sight distance of 150-feet for vehicles on Filoli Way approaching the Montgomery
Way intersection.
7.1.8 Maintain a minimum sight distance of 280-feet for vehicles on Filoli Way entering Montgomery Way /
Milliron Street.
Meridian City Council Meeting Agenda November 20, 2018 – Page 196 of 370
Exhibit A
Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 28
7.1.9 Construct Montgomery Way to intersect Cherry Lane approximately 1,190-feet west of Black Cat Road
(measured centerline-to-centerline).Install “NO PARKING” signs on one side of the street on Filoli Court
and Bellevue Court.
7.1.10 Construct White Birch Drive to intersect Montgomery Way 330-feet north of Cherry Lane (measured
centerline-to-centerline).
7.1.11 Extend O’Connor Avenue south into the site.
7.1.12 Construct two stub streets, one extending west stubbing to 5200 W. Cherry Lane and one extending east
stubbing to 5120 W. Cherry Lane. Install a sign at the terminus of both stub streets stating that, "THIS
ROAD WILL BE EXTENDED IN THE FUTURE.”
7.1.13 Construct a temporary turnaround with a minimum 45-foot radius at the terminus of the stub street to 5120
W. Cherry Lane, as the stub street exceeds 150-feet in length. Grant a temporary turnaround easement to the
District for those portions of the cul-de-sac which extend beyond the dedicated street right-of-way. In the
instance where a temporary easement extends onto a buildable lot, the entire lot shall be encumbered by the
easement and identified on the plat as a non-buildable lot until the street is extended.
7.1.14 Submit the bridge plans for the crossing of the Safford Sublateral (O’Conner Avenue) for review and
approval prior to the pre-construction meeting and final plat approval.
7.1.15 Cherry Lane is classified as a principal arterials 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.
7.1.16 Submit civil plans to ACHD Development Services for review and approval. The impact fee assessment will
not be released until the civil plans are approved by ACHD.
7.1.17 Payment of impact fees is due prior to issuance of a building permit.
7.1.18 Comply with all Standard Conditions of Approval.
7.2 Standard Conditions of Approval (DRAFT)
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
Meridian City Council Meeting Agenda November 20, 2018 – Page 197 of 370
Exhibit A
Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 29
event any ACHD conduits (spare or filled) are compromised during any phase of construction.
7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the
District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details.
7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards
and approved supplements, Construction Services procedures and all applicable ACHD Standards unless
specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all
improvement plans.
7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of
ACHD prior to District approval for occupancy.
7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant’s authorized representative and an authorized representative of
ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from
ACHD.
7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and
may require additional improvements to the transportation system at that time. Any change in the
planned use of the property which is the subject of this application, shall require the applicant to comply
with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance
of the requirements or other legal relief is granted by the ACHD Commission.
Meridian City Council Meeting Agenda November 20, 2018 – Page 198 of 370
Exhibit A
Burlingame Subdivision – RZ, MDA, PP H-2018-0079 PAGE 30
C. Required Findings from Unified Development Code
1. PRELIMINARY PLAT:
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 transportation and circulation. Please see Comprehensive
Plan Policies and Goals, Section VII, of the Staff Report for more information.
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
Council finds that public services will be provided to the subject property upon development.
(See Exhibit B of the Staff Report for more information 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 developer 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 that should be brought to the Council’s attention. 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.
2. 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 property from R-4 to the R-8 zoning district.
This property is currently designated Low Density Residential on the Future Land Use Map.
Council finds the amendment is consistent with the applicable provisions of the
Comprehensive Plan if the City Council approves the “step-up”. (see section VII above).
b. The map amendment complies with the regulations outlined for the proposed district,
Meridian City Council Meeting Agenda November 20, 2018 – Page 199 of 370
Exhibit A
specifically the purpose statement;
Council finds that the proposed map amendment to the R-8 zoning district is consistent with
the purpose statement for the residential districts as detailed in Section VIII above.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
Council finds that the proposed zoning map amendment will not be detrimental to the public
health, safety, or welfare. City utilities already exist to this site. 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).
This finding is not applicable as the request is for a rezone.
Meridian City Council Meeting Agenda November 20, 2018 – Page 200 of 370