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1.6 WHEREAS, the record of the proceedings for the requested annexation and
zoning of the Property held before the Planning & Zoning Commission, and
subsequently before the City Council, includes responses of government
subdivisions providing services within the City of Meridian planning
jurisdiction, and includes further testimony and comment; and
1.7 WHEREAS, on the 51' day of February, 2019, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
Order ("Findings"), which have been incorporated into this Agreement and
attached as Exhibit "B"; and
1.8 WHEREAS, the Findings require the Owner and/or Developers to enter into a
Development Agreement before the City Council takes final action on final
plat; and
1.9 WHEREAS, Owners and/or Developer deems it to be in its best interest to be
able to enter into this Agreement and acknowledges that this Agreement was
entered into voluntarily and at its urging and request; and
1.10 WHEREAS, City requires the Owners and/or Developers to enter into a
development agreement for the purpose of ensuring that the Property is
developed and the subsequent use of the Property is in accordance with the
terms and conditions of this Agreement, herein being established as a result of
evidence received by the City in the proceedings for zoning designation from
government subdivisions providing services within the planning jurisdiction
and from affected property owners and to ensure zoning designation are in
accordance with the amended Comprehensive Plan of the City of Meridian on
October 11, 2016, Resolution No. 16-1173, and the UDC, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and
phrases herein contained in this section shall be defined and interpreted as herein provided for, unless
the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this Agreement,
which is a municipal Corporation and government subdivision of the state of
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Broadway Avenue, Meridian, Idaho 83642.
3.2 OWNERS: means and refers to 2FP LLC, whose address is 1002 N. Happy
Valley Rd., Nampa, ID 83689 and Mathew LeBaron, whose address is 1214
DEVELOPMENT AGREEMENT - ENTRATA FARMS (H-2018-0125 PAGE 2 OF 9
2" d Street S., Nampa, ID, 83651 the parties that own said Property and shall
include any subsequent owner(s) of the Property.
3.3 DEVELOPER: means and refers to FIG Village at Parkside, LLC, whose
address is 295 W. Center Street, Ste. 201, Provo, UT 84601, the party that is
developing said Property and shall include any subsequent developer(s) of the
Property.
3.4 PROPERTY: means and refers to that certain parcel(s) of Property located
in the County of Ada, City of Meridian as described in Exhibit "A" describing
the parcels to be re -zoned Medium -High Density Residential (R-15) zoning
district and attached hereto and by this reference incorporated herein as if set
forth at length.
4. USES PERMIT'T'ED BY THIS AGREEMENT: This Agreement shall vest the right
to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owners and/or Developer shall develop the Property in accordance with the
following special conditions:
a. Future development of this site shall be generally consistent with the preliminary plat, site
plan, landscape plan, open space exhibit, building elevations/floor plans included in
Section V11, and the provisions contained herein.
b. The Kennedy Lateral was previously approved by City Council with the final plat for
Umbria Subdivision (FP -06-011), the development to the east, to remain open and not be
piped due to its large capacity.
c. The City Council approved a waiver to UDC 11 -3A -6B to allow the Purdam Drain to
remain open and not be piped or otherwise covered due to its large capacity and due to it
not being located entirely on this site.
d. Site amenities and open space shall be provided within the development in accord with the
qualified open space exhibit in Section VI1.E and amenities shown on the site plan in
Section VII.B in accord with the standards listed in UDC 11-3G-3 and 11-4-3-27C, D.
e. The applicant shall have one management company handle the leasing and maintenance of
the entire project to ensure better overall consistent management of the development.
6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6)
months after the date of the Findings for the annexation and zoning or it is null and void.
DEVELOPMENT AGREEMENT -ENTRATA FARMS (H-2018-0125 PAGE 3 OF 9
7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default. Either party's failure to faithfully comply with all of the
terms and conditions included in this Agreement shall constitute default under
this Agreement.
7.2 Notice and Cure Period. In the event of Owners and/or Developer's default
of this Agreement, Owners and/or Developer shall have thirty (30) days from
receipt of written notice from City to initiate commencement of action to
correct the breach and cure the default, which action must be prosecuted with
diligence and completed within one hundred eighty (180) days; provided,
however, that in the case of any such default that cannot with diligence be
cured within such one hundred eighty (180) day period, then the time allowed
to cure such failure may be extended for such period as may be necessary to
complete the curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owners and/or Developer that is not
cured after notice as described in Section 7.2, Owners and/or Developer shall
be deemed to have consented to modification of this Agreement and de -
annexation and reversal of the zoning designations described herein, solely
against the offending portion of Property and upon City's compliance with all
applicable laws, ordinances and rules, including any applicable provisions of
Idaho Code §§ 67-6509 and 67-6511. Owners and/or Developer reserve all
rights to contest whether a default has occurred. This Agreement shall be
enforceable in the Fourth Judicial District Court in Ada County by either City
or Owners and/or Developer, or by any successor or successors in title or by
the assigns of the parties hereto. Enforcement may be sought by an
appropriate action at law or in equity to secure the specific performance of the
covenants, agreements, conditions, and obligations contained herein.
7.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owners and/or Developer or City is delayed for causes that
are beyond the reasonable control of the party responsible for such
performance, which shall include, without limitation, acts of civil
disobedience, strikes or similar causes, the time for such performance shall be
extended by the amount of time of such delay.
7.5 Waiver. A waiver by City of any default by Owners and/or Developer of any
one or more of the covenants or conditions hereof shall apply solely to the
default and defaults waived and shall neither bar any other rights or remedies
of City nor apply to any subsequent default of any such or other covenants and
conditions.
8. INSPECTION: Owners and/or Developer shall, immediately upon completion of
any portion or the entirety of said development of the Property as required by this Agreement or by
DEVELOPMENT AGREEMENT-ENTRATA FARMS (H-2018-0125) PAGE 4 OF 9
City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and
written approval of such completed improvements or portion thereof in accordance with the terms and
conditions of this Agreement and all other ordinances of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits, and submit proof of such recording to Owner and/or Developer, prior to
the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property
by the City Council. If for any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City
shall execute and record an appropriate instrument of release of this Agreement.
10. ZONING: City shall, following recordation of the duly approved Agreement, enact a
valid and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the
UDC, to insure the installation of required improvements, which the Owner and/or Developeragree to
provide, if required by the City. .
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued
in any phase in which the improvements have not been installed, completed, and accepted by the City,
or sufficient surety of performance is provided by Owners and/or Developer to the City in accordance
with Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owners and/or Developer agree to
abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall
be deemed delivered if and when personally delivered or three (3) days after deposit in the United
States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as
follows:
CITY:
City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
OWNERS:
2FP LLC
1002 N. Happy Valley Rd.
Nampa, ID 83689
Matthew LeBaron
1214 2nd St. South
Nampa, ID 83651
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
DEVELOPER:
FIG Village at Parkside, LLC
295 W. Center St., Ste. 201
Provo, UT 84601
DEVELOPMENT AGREEMENT- ENTRATA FARMS (H-2018-0125 PAGE 5 OF 9
14.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may
be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time
is strictly of the essence with respect to each and every term, condition and provision hereof, and that
the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be binding
on the Owners and/or Developer, each subsequent owner and any other person acquiring an interest in
the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions
thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor
owner or owners shall be both benefited and bound by the conditions and restrictions herein
expressed. City agrees, upon written request of Owners and/or Developer, to execute appropriate and
recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had
determined that Owner and/or Developer have fully performed their obligations under this
Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement
and the invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party
shall act reasonably in giving any consent, approval, or taking any other action under this Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owners and/or Developer and City relative to the
subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral
or written, express or implied, between Owners and/or Developer and City, other than as are stated
herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or
addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and
signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a
duly adopted ordinance or resolution of City.
DEVELOPMENT AGREEMENT -ENTRATA FARMS (H-2018-0125 PAGE 6 OF 9
Meridian City Council Meeting Agenda March 12, 2019 – Page 125 of 480
Meridian City Council Meeting Agenda March 12, 2019 – Page 126 of 480
21.1 No condition governing the uses and/or conditions governing re -zoning of the subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City
Clerk.
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
NERN:
LLC
By: 4A2' ;3'-1 Matthew LeBaron
DEVELOPER:
FIG Village at Parkside
By:
CITY OF MERIDIAN
Toe 3o► --I, Cbunc� l
�r-esiclen-�-.
Go�Q0RATEoA1,Q TTEST-
iiVUr t°
IDjA .
ID'q"o Coles,
SEAL
TRE
ity Clerk
DEVELOPMENT AGREEMENT - ENTRATA FARMS (H-2018-0125) PAGE 7 OF 9
Meridian City Council Meeting Agenda March 12, 2019 – Page 128 of 480
Meridian City Council Meeting Agenda March 12, 2019 – Page 129 of 480
Meridian City Council Meeting Agenda March 12, 2019 – Page 130 of 480
STATE OF IDAHO
ss
County of Ada r7 )
On this L day of 1 A arch , 2019, before me, a Notary Public, personally appeared
Joe ar��e-VVmM and C.Jay Coles, know or identified to me to be the Mayor and Clerk, respectively, of the City of
�unGi Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and
9,CC5361- acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
�SARLENE WAY Notary Public for Idaho
Residing at: � P itt 'an
COMMISSION 067390 Commission expires:.3 01').F 0D0
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES 3/28/22
DEVELOPMENT AGREEMENT - ENTRATA FARMS (14-2018-0125) PAGE 9 OF 9
EXHIBIT A
Annexation & Zoning Legal Description and Exhibit Map
Project Not 170270
Date; tvlareh 26, 2018
Page 1 of I
T-0 ENGINEERS
ANNEXATION I)PSCRIPTION
For tho City of Meridian
A parcol of landlooated in the SW114 of the,913114 and the EV2 of thv SW UM of Section 10i ToWiishlp
3 North, mango i West, BI iso Meridian, City of Wr[dian, Asia County, Idaho, itiurt partlouiarly
described as ibllows;
lwGINNIING at the South one-quarter corner oftaid Section 10, thence, altitig the south boundary of
said SW 114 of the S81143
1) $.89015'22"1,, 932.21 feet, thettee,
2) K00044'391'., 25.00 foot to tilt centerline of the Kennedy 1,ator41and iho southwest corner
of%t 1, Block I of Umbrin;;ubdivislon, recorded in hook 101 of Pints. at Pages; 13200-
11204i records of Ada County; Idaho; thence, along said centerline and the exterior boundary
of staid Umbria Subdivislon the following Bourses;
3) K4iq38'41"W„299,97 reel, thence,
4) N,401150141"W., 300,00 f ot; thence,
5) N.38641141 `�W., 490.01 feet, thence,
6) N11021141"W,, 690.01 feet; tltcnco,
�) N.429S7'4 t "V1i., 99,5' feet; tltencc, (caving saki centerline and said extarior bout>iary,
8} 8,KO34'38"W„ 1409.39 feet to the south boundary of said Mi2.(if tho SWI/41 thence uloid;
said boundary,
9) 221,76 feet to the POINT OF t3RGINNING,
CON'TAININOp 19,07 at;res, more or festa,
)32 N OraesdrtiOtn Way Nampti, ID 030(17 Phan= 1200) 442-0300 Nix t2$01 4MV044 'tnfoi�ta an{„isx rn.vam tri•,i,ry{kir:tsrh.umn
lvI{rtic{„ 1 Trannparidiiiin t t,0nrt dpvptcipniarrtt i:,9ciritpipa9 t V,lntpr Raaocirpr'p t �urvnytnu I Lnnt{ecvNe nrettitauture
Entrata Farms H-2018-0125
EXHIBIT A
Annexation & Zoning Legal Description and Exhibit Map
ANNrEXATION EXHIBIT SKETCH
LobATW IN TI•IE $WV4 OF THE 8I=114 AND -we E112 OF THE SW1/4 OF SEGTIoN 10{
TOWNSHIP 3 NORTH, MANGE 4 WEST, BOISE MERIDIAN, AI7A 0OUNTY, IDAHO
2016
N42'67'41"W
99.8"
a
t40 0 iw go
4.
221.76 N 18,0"1 �1i:►2�5 `Y "
�a�tJ•��� �4�1
2zr.7 ' NON '38"E
qp 11J i�C7ItJTF �EGINt , 23.00'x. , 10 11
?418.92 82,2t_ 1108.48
$691520E 2640,6w Lit 14
16 16 W. FRANKLIN M
b�
137
7M0 ENGINI MR5
0Its4' 332 M. BROADMOR5 WAY
NAMPA, IDAHO 03087.6123
MOM: (M) 442-000 FAX, (20U) 400-0044
01 fakr 1)Mft,4" X aTpopiml now
Entrata Farms H-2018-0125
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0125 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for Annexation and Zoning
of 19.07 Acres of Land with an R-15 Zoning District; Conditional Use Permit for a Multi-Family
Development Consisting of 238 Dwelling Units in the R-15 Zoning District; and Preliminary Plat
Consisting of 67 Building Lots and 3 Common Lots on 18.18 Acres of Land in the R-15 Zoning
District for Entrata Farms, by FIG Village at Parkside, LLC.
Case No(s). H-2018-0125
For the City Council Hearing Date of: January 22, 2019 (Findings on February 5, 2019)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of January 22, 2019, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of January 22, 2019, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of January 22,
2019, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of January 22, 2019, 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 February 5, 2019 – Page 376 of 736
EXHIBIT B
Meridian City Council Meeting Agenda March 12, 2019 – Page 134 of 480
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0125 - 2 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of January 22, 2019, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant’s request for Annexation and Zoning, Conditional Use Permit, and Preliminary
Plat is hereby approved with the requirement of a Development Agreement per the provisions
in the Staff Report for the hearing date of January 22, 2019, 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 Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a maximum
period of two (2) years unless otherwise approved by the City. During this time, the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting, the final plat must be signed by the City
Engineer within this two (2) year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-5B-6.G.1, the Director may authorize a single extension of the time to commence the
Meridian City Council Meeting Agenda February 5, 2019 – Page 377 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 135 of 480
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0125 - 3 -
use not to exceed one (1) two (2) year period. 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 conditional use comply with the current provisions of Meridian
City Code Title 11(UDC 11-5B-6F).
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
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 January 22, 2019
Meridian City Council Meeting Agenda February 5, 2019 – Page 378 of 736Meridian City Council Meeting Agenda March 12, 2019 – Page 136 of 480
By action of the City Council at its regular meeting held on the day of -Q b
2019.
COUNCIL PRESIDENT JOE BORTON VOTED h_
COUNCIL VICE PRESIDENT LUKE CAVENER VOTED
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED
COUNCIL MEMBER TY PALMER VOTED
COUNCIL MEMBER TREG BERNT VOTED
COUNCIL MEMBER GENESIS MIL,AM VOTED
MAYOR TAMMY de WEERD VOTED
TIE BREAKER)
Mayor Ta y Weerd
Attest: QO
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C.J Cole <=0
City Clerk SEAL
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: 0 1 WW40" Dated:
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0125 - 4 -
Meridian City Council Meeting Agenda March 12, 2019 – Page 137 of 480
Page 1
HEARING
DATE:
1/22/2019
TO: Mayor & City Council
FROM: Sonya Allen, Associate Planner
208-884-5533
Bruce Freckleton, Development
Services Manager
208-887-2211
SUBJECT: H-2018-0125
Entrata Farms
LOCATION: 3880 & 3882 W. Franklin Rd.
N. side of W. Franklin Rd., midway
between Ten Mile and Black Cat Roads,
in a portion of the south ½ of Section 10,
T.3N., R.1W.)
I. PROJECT DESCRIPTION
The following applications were submitted for the proposed development:
Annexation and zoning of 19.07 acres of land with an R-15 zoning district;
Conditional use permit for a multi-family development consisting of 238 dwelling units on
18.18 acres of land in an R-15 district;
Preliminary plat consisting of 67 building lots and 3 common lots on 18.18 acres of land in
the R-15 zoning district for Entrata Farms Subdivision; and,
Private street
II.SUMMARY OF REPORT
A. Project Summary
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
Description Details Page
Acreage 18.18
Future Land Use Designation HDR (high density residential)
Existing Land Use Rural residential/agricultural
Proposed Land Use(s) MFR (multi-family residential development)
Current Zoning RUT in Ada County
Proposed Zoning R-15
Lots (# and type; bldg/common) 70 total lots; 67 building lots/3 common lots
Phasing plan (# of phases) 2
EXHIBIT A
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Page 2
Number of Residential Units (type
of units)
238 (multi-family dwellings); varying designs of townhome
style units
Density (gross & net) 13.09/14.07
Open Space (acres, total [%] /
buffer / qualified)
6.15 acres (33.8%) consisting of ½ the street buffer along
Franklin Rd., an arterial street; and common area within site
Amenities See Section V for complete information 8
Physical Features (waterways,
hazards, flood plain, hillside)
The Kennedy Lateral runs along the east boundary; and the
Purdam Drain runs along the southwest corner of the site.
Neighborhood meeting date; # of
attendees:
10/12/18; 1 attendee (the Applicant)
History (previous approvals) H-2018-0032 (denied)
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Page 3
B. Community Metrics
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Page 4
Description Details Page
Ada County Highway District
Staff report (yes/no) Yes
Requires ACHD
Commission Action
yes/no)
No
Access (Arterial/Collectors/State
Hwy/Local)(Existing and Proposed)
1) Full access and (1) emergency access via W. Franklin
Rd., an arterial street; (1) access via W. Perugia St., a local
street
Traffic Level of Service Better than “E” which is an acceptable level of service
Stub Street/Interconnectivity/Cross
Access
W. Perugia St. stubs at the west boundary; an emergency
access is proposed at the west boundary from private street
K” north of Perugia
Existing Road Network The entry street, N. Entrata Way, and W. Perugia St. are
public streets; all other internal streets are private
Existing Arterial Sidewalks /
Buffers
A sidewalk exists along W. Franklin Rd.; there are no existing
buffers
Proposed Road Improvements
Fire Service
Distance to Fire Station 2.8 miles (Fire Station #2)
Fire Response Time 5 minutes (under ideal conditions)
Resource Reliability 80% (does not meet target goal of 85% or greater)
Risk Identification 1=residential
Accessibility Project meets all required road widths and turnarounds.
Parking is always a concern.
Special/resource needs Project will not require an aerial device.
Water Supply 1500 gal./minute for 2 hours required
Police Service
Distance to Police Station 4 miles
Police Response Time 6 minutes
Calls for Service Between 11/1/17-10/31/18 PD responded to 464 calls for
service within a mile of the proposed development.
of calls for service split
by priority
See PD comments in Section VIII. D
Accessibility No issues
Specialty/resource needs None
Crimes 161
Crashes 20
Other Reports The PD already serves this area; the applicant has addressed
all concerns and there are no outstanding issues for PD
Wastewater
Distance to Sewer Services 0 Feet
Sewer Shed N/A - still determining the sewer shed names
Estimated Project Sewer
ERU’s
238
WRRF Declining Balance 13.57 MGD - as of 12/14/18, it was less at the time this
application was submitted
Project Consistent with
WW Master Plan/Facility
Plan
Yes
Water
Distance to Water Services 0
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Page 5
C. Project Area Maps
Pressure Zone 2
Estimated Project Water
ERU’s
See application information
Water Quality Concerns None
Project Consistent with
Water Master Plan
YEs
Impacts/Concerns See Site Specific Conditions of Approval
Grocery Store 1.3 miles away (Albertson’s)
COMPASS (Communities in
Motion 2040 2.0)
See Section VIII.H
Future Land Use Map Aerial Map
Zoning Map Planned Development Map
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Page 6
III. APPLICANT INFORMATION
A. Applicant:
FIG Village at Parkside, LLC – 295 W. Center St., Ste. 201, Provo, UT 84601
B. Owners:
2FP LLC – 1002 N. Happy Valley Rd., Nampa, ID 83689
Mathew LeBaron – 1214 2nd St. S., Nampa, ID 83651
C. Representative:
Kent Brown, Kent Brown Planning – 3161 E. Springwood Dr., Meridian, ID 83642
IV. NOTICING
Planning & Zoning
Posting Date
City Council
Posting Date
Legal notice published in
newspaper 10/30/2018 1/4/2019
Radius notification mailed to
properties within 300 feet 11/27/2018 1/7/2019
Nextdoor posting 11/27/2018 1/7/2019
Public hearing notice sign posted
on property 12/9/2018 1/12/2019
V. STAFF ANALYSIS
A. Comprehensive Plan (Comprehensive Plan); Specific Area Plan (TMISAP pg. 3-7)
TEN INTERCHANGE SPECIFIC AREA PLAN (TMISAP)
The subject property is located in the area governed by the TMISAP which focuses on developing
an area that has an identity of its own but which links to nearby developments. The plan emphasizes
the community’s support for higher densities and mixed uses to create a vibrant and economically
strong city. The plan also stresses the community’s commitment to good site planning and design
as a means of establishing a place everyone can be proud of and one that protects the interests of
future businesses and residents.
LAND USE: HDR (High Density Residential) – HDR designated areas in the Ten Mile Area are
multiple-family housing areas where relatively larger and taller apartment buildings are the
recommended building type. A mix of housing types should be included that achieve an overall
average density target of at least 16-25 dwelling units per acre with a range of 15 to 40 units
per acre. Most developments should fall within or below this range, although smaller areas of
higher or lower density may be included.
The design and orientation of new high density residential buildings should be pedestrian-
oriented, and special streetscape improvements should be considered to create rich and enjoyable
public spaces.
The Applicant requests Council approval of a “step” down in density from HDR (15+ units/acre)
to MHDR (medium high density residential) (8-15 units/acre). The reason for the request is due
to Council’s denial of the previous application for this site, which had a gross density of 15.3
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Page 7
units/acre. The Applicant has redesigned the site in accord with the concerns noted by the
Council at the previous hearing (see Applicant’s narrative for more information).
MHDR (Medium High-Density Residential): MHDR designated areas allow for the development
of a mix of relatively dense residential housing types including townhomes, condominiums and
apartments. Residential gross densities should range from 8 to 15 dwelling units per acre, with a
target density of 12 units per acre. These are relatively compact areas within the context of larger
neighborhoods and are typically located around or near mixed use commercial or employment
areas to provide convenient access to services and jobs for residents. Developments need to
incorporate high quality architectural design and materials and thoughtful site design to ensure
quality of place and should also incorporate connectivity with adjacent uses and area pathways,
attractive landscaping and individual project identity.
The proposed development is relatively dense and includes townhome style apartments at a gross
density of 13.09 units/acre. The FLUM depicts mixed use commercial and employment areas
1/3+ mile to the south and east, yet to be developed, within walking distance from the site. The
design of the proposed structures appear to be of high quality and ultimately are required to
comply with the design standards in the Architectural Standards Manual and the design
guidelines in the TMISAP (see pgs. 3-31 thru 3-51). The proposed MHDR designation on this site
is consistent with that to the east and west of the same designation. Pathways are proposed
throughout the development for connectivity internally as well as with adjacent uses and area
pathways.
TRANSPORTATION: A local street is designated on the Future Land Use Map in the TMISAP
across this property from the east to W. Franklin Rd. No collector streets are designated on this
property although W. Perugia St. will provide an east/west connection between properties north
of W. Franklin Rd. and will function much like a collector. Perugia connects to N. Umbria Hills
Ave. to the east, which connects to W. Franklin Rd., and will provide access to a future traffic
signal. A collector street was formerly designated across this site on the Transportation System
Map but was recently removed. The proposed site design meets the transportation objectives of
the Plan.
DESIGN: Development within the Ten Mile Area should incorporate the following design
characteristics:
The proposed site design is compatible with the multi-family development to the east; and should
be compatible with future medium high density residential uses to the west when that property
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Page 8
redevelops at some point in the future. Buildings are brought up to the street buffer along
Franklin Rd. for a uniform street presence with primary building facades facing the street. Six-
plex structures, 2-stories in height on the ends with 3-stories in the middle, are proposed along
Franklin Rd. that provides appropriate transition, architectural interest, massing and scale within
the Ten Mile area. Pedestrian walkways are planned throughout the development to provide for
pedestrian interconnectivity within the development as well as with adjacent developments and
the Ten Mile area. For these reasons, Staff finds the proposed development is consistent with the
design characteristics of the Ten Mile Area envisioned in the TMISAP.
B. Comprehensive Plan Policies (https://www.meridiancity.org/compplan):
The proposed development demonstrates compliance with the following policies of the Plan:
Provide for a wide diversity of housing types (single-family, modular, mobile homes and
multi-family arrangements) and choices between ownership and rental dwelling units for all
income groups in a variety of locations suitable for residential development.” (3.07.03B)
Support a variety of residential categories (low-, medium-, medium-high and high-density
single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the
purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E)
Require all new and reconstructed parking lots to provide landscaping in internal islands and
along streets.” (2.01.04B)
Provide housing options close to employment and shopping centers.” (3.07.02D)
Require open space areas within all development.” (6.01.01A)
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)
Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D)
Locate high-density development, where possible, near open space corridors or other
permanent major open space and park facilities, Old Town, and near major access
thoroughfares.” (3.07.02, pg. 55)
Protect existing residential properties from incompatible land use development on adjacent
parcels.” (3.06.01F)
Work with ACHD, COMPASS, and VRT on bringing public transportation to and through
Meridian.” (3.03.04H)
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)
Work with transportation agencies and private property owners to preserve transportation
corridors, future transit routes and infrastructure, road and highway extensions, and to
facilitate access management planning.” (3.01.01J)
Develop alternative modes of transportation through pedestrian improvements, bicycle
lanes, off-street pathways, and transit-oriented development as appropriate.” (3.03.03D)
C. Annexation Area:
The proposed annexation area is contiguous to City annexed property to the east, south and north
and is within the Area of City Impact Boundary. A legal description for the annexation area is
included in Section VII.A.
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The City may require a development agreement (DA) in conjunction with an annexation pursuant
to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this
application, staff recommends a DA as a provision of annexation with the provisions
included in Section VIII.
D. Site Plan:
A site plan was submitted with the conditional use permit application that depicts how the site is
proposed to develop with a multi-family development (see Section VII.B). A combination of 2-
and 3-story townhome style multi-family structures are proposed in groups of 4, 6 and 8 attached
units, both front and rear loaded.
Two-story units are proposed along the west boundary of the site adjacent to the existing
residential/agricultural property [see Delinda 4-plex and 8-plex and Tucker 6-plex elevations (end
units) in Section VII.F]; a combination of 2- and 3-story units (i.e. 2-story on the ends with 3-
stories in the middle) are proposed along Franklin Rd. (see Tucker 6-plex elevations in Section
VII.F); and 3- story structures are proposed internally (see Payton 6-plex and 8-plex elevations in
Section VII.F).
E. Preliminary Plat:
Note: A previous preliminary plat (H-2018-0032) for this site was denied by City Council on July
10, 2018. The UDC (11-5A-3) states that no application that has been denied by the Council shall
be resubmitted in substantially the same form for the same use within one year from the date of
denial. Because the overall layout and design of the proposed plat has changed substantially
from the previous plat and the number of units has been reduced by 40, Staff deemed the
proposed plat to be substantially different from that previously denied.
The proposed plat consists of 67 building lots and 3 common lots on 18.18 acres of land in the
proposed R-15 district. The subdivision is proposed to develop in two (2) phases with the front
portion of the site developing with the first phase. See Section VII.C.
Compliance with the subdivision design and improvement standards listed in UDC 11-6C-3 is
required. Staff has reviewed the proposed plat and determined it is in compliance with those
standards.
F. Existing Structures/Site Improvements:
There is an existing home and accessory structures on this site that will be removed with
development.
G. Proposed Zoning/Use Analysis:
The proposed R-15 zoning district for the site is consistent with the requested MHDR FLUM
designation HDR FLUM designation
Multi-family developments are listed as a conditional use in the R-15 zoning district per UDC
Table 11-2A-2.
H. Specific Use Standards (UDC 11-4-3):
The proposed use is subject to the specific use standards listed in UDC 11-4-3-27, Multi-Family
Development as follows:
A minimum of 80 square feet (s.f.) of private useable open space is required to be provided
for each unit. Private patios are proposed for each unit that meets this requirement.
Development with 20 units or more are required to provide a property management office,
maintenance storage area, central mailbox location (including provisions for parcel mail)
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that provides safe pedestrian and/or vehicular access, and a directory and map of the
development at an entrance or convenient location for those entering the development. The
property management and maintenance storage area is proposed to be located within the
clubhouse; the mailboxes will be located near the clubhouse as well but are not depicted
on the site plan. The site plan submitted with the Certificate of Zoning Compliance
application should depict the location(s) of each of these items.
At a minimum, 250 square feet (s.f.) of outdoor common open space is required for each
unit containing more than 500 and up to 1,200 s.f. of living area. All of the proposed units
are within this range. Therefore, a minimum of 59,500 s.f. (or 1.37 of an acre) of common
open space is required in accord with the standards listed in UDC 11-4-3-27C. The
outdoor common area proposed within this development complies with this standard.
For multi-family developments with 75 units or more, (4) amenities are required to be
provided with at least one from each category (i.e. quality of life, open space and
recreation). For more than 100 units, the decision making body shall require additional
amenities commensurate to the size of the proposed development.
The following amenities are proposed:
Outdoor pool complex with clubhouse/restroom facilities/property management
office – Recreation Category
Play Structure – Step-By-Step item 350-1802 – Recreation Category
Play Structure – Step-By-Step Item 350-1737 – Recreation Category
Dual Slope Pavilion w/ BBQ Stations & picnic tables – 16’ x 20’ DS16X20M
Quality of Life Category
20’x20’ Pavilion – Sail Shade SRP Sail Shade 0120840 Dual Sail w/ BBQ
Stations & picnic tables – Quality of Life Category
Dog Park - SRP Pawsitively Playful Dog Park Item No. RECF0019XX – Quality
of Life Category
Basketball Court - Model #1590 – 6” Square Adjustable Basketball System
Recreation Category
Open grassy play field with minimum 100’x50’ – Open Space Category
Open grassy play field with minimum 100’x50’ – Open Space Category
Pathways – micros paths provided throughout the site – Quality of Life Category
Misc – Park Benches, Bike Racks, Picnic Tables & Trash Receptacles
see details in Section VII.E).
Staff finds the proposed amenities provided from each of the required categories are
commensurate with the 238 unit development proposed.
Landscaping is required to comply with UDC 11-4-3-27E. All street facing elevations shall
have landscaping along their foundations as follows: the landscaped area shall be at least
3-feet wide and have an evergreen shrub with a minimum mature height of 24 inches for
every 3linear feet of foundation. The remainder of the area shall be landscaped with ground
cover plans. The detail of the landscaping proposed along the foundations of each structure
shown on Sheet L3.1 in Section VII.D complies with this standard.
The development is required to record legally binding documents that state the
maintenance and ownership responsibilities for the management of the development,
including, but not limited to, structures, parking, common areas, and other
development features. The applicant shall submit documentation of compliance with this
requirement with submittal of the Certificate of Zoning Compliance.
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I. Dimensional Standards (UDC 11-2A-7):
Development is required to comply with the dimesnional standards listed below for the R-15
district. Staff has reviewed the proposed plat and found all of the proposed lots comply with the
minimum property size requirement. Future structures should comply with the minimum setback
standards. Zero lot lines should be depicted on the plat where buildings span across lot lines.
To ensure setback requirements for the R-15 zoning and the specific use standard in UDC
11-4-3-27B.1 are met, staff recommends the final plat for this development is recorded prior
to submittal of any Certificate of Zoning Compliance applications.
J. Access (UDC 11-3A-3)/Transportation:
One full access and one emergency access is proposed via W. Franklin Rd., an arterial
street. West Perugia St., a local street, is proposed to be extended from the east boundary
through the site and stub to the west boundary for future extension; this will necessitate
construction of a bridge/culvert over the Kennedy Lateral. An emergency access is
proposed to the property to the west near the north boundary from Street K. Private
streets are proposed for access internally within the development and for addressing
purposes.
The proposed access complies with UDC 11-3A-3 and the Comprehensive Plan (3.06.02D
referenced above) which restricts access to arterial streets.
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Franklin Rd. was recently widened from Ten Mile to Black Cat Roads and improved with
curb, gutter and sidewalk; therefore, there are no major road improvements required with
this development.
K. Private Streets (UDC 11-3F-4)
Private streets are required to comply with the design and construction standards listed in UDC
11-3F-4, including but not limited to the following:
Private streets are required to be constructed on a perpetual ingress/egress
easement or a single-platted lot that provides access to all properties served by such
private street; preferably a lot when the property is being subdivided as is the case
with this application.
All drive aisles are required to be posted as fire lanes with no parking allowed. In
addition, if a curb exists next to the drive aisle, it shall be painted red.
All travel lanes should have a minimum width of 26 feet.
The proposed private streets are 26 feet in width as shown on the private road section shown on
Sheet 4 of the preliminary plat site plan in Section VII.B. Compliance with the other standards
listed above is required; the plat should be revised to include the private streets within
common lots.
L. Transit:
The applicant’s narrative states they have coordinated with Valley Regional Transit to locate a
commuter ride pad near the southwest corner of the site along the W. Franklin Rd. in accord with
the Comprehensive Plan (action items #3.01.01J and #3.03.03D referenced above).
M. Parking (UDC Table 11-3C-6):
Off-street vehicle parking is required to be provided for 2- and 3-bedroom multi-family dwellings
as follows: 2 spaces per dwelling unit; at least 1 in a covered carport or garage.
Based on (238) 2- and 3-bedroom units, a minimum of (476) spaces are required with 238 of
those in a covered carport or garage. A total of 603 spaces are proposed consisting of 274
driveway spaces, 254 garage spaces and 75 guest parking spaces for a total of 127 spaces over the
minimum required in accord with UDC standards.
Bicycle parking is required to be provided based on 1 space for every 25 vehicle spaces provided
on the site. Based on a total of 603 vehicle spaces, a minimum of 24 bicycle parking spaces are
required. A total of 36 bicycle spaces are proposed in excess of UDC standards.
N. Pathways (UDC 11-3A-8, 11-3B-12C):
Pedestrian pathways are proposed throughout the development for internal connectivity and
connectivity with adjacent developments in accord with UDC standards and the Comprehensive
Plan (action item #3.03.03B referenced above). Landscaping is required to be provided adjacent
to all pathways as set forth in UDC 11-3B-12C.
O. Sidewalks (UDC 11-3A-17):
Sidewalks are required to be provided with development in accord with the standards listed in
UDC 11-3A-17. A sidewalk was recently constructed along W. Franklin Rd., an arterial street
with the road widening project by ACHD. A 5-foot wide attached sidewalk is proposed to be
constructed along W. Perugia St. and N. Entrata Way, both local streets, in accord with UDC
standards.
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P. Landscaping (UDC 11-3B):
A minimum 25-foot wide street buffer is required to be provided along W. Franklin Rd., an
arterial street, as set forth in UDC Table 11-2A-7 for the R-15 district; landscaping is required
within the buffers in accord with the standards listed in UDC 11-3B-7C. Said buffer is required to
be maintained by a homeowner’s association. A larger buffer ranging in width from 28 to 38 feet
is proposed to provide more separation between the development and the large power
transmission lines along Franklin Rd. The proposed landscaping complies with UDC standards.
There are a total of 113-caliper inches of existing trees on this site being removed that require
mitigation; a total of 57 trees at 2” caliper each are proposed for mitigation in accord with the
standards listed in UDC 11-3B-10C.5.
Q. Qualified Open Space (UDC 11-3G-3):
The UDC requires a minimum of 10% qualified open space to be provided within the
development as set forth in UDC 11-3G-3. The specific use standards for multi-family
developments listed in UDC 11-4-3-27 also require qualified open space in addition to this
requirement (see analysis above).
An open space exhibit was submitted, included in Section VII.E that depicts a total of 6.15 acres
or 33.8%). The proposed qualified open space consists of (2) open grassy areas greater than 50’
x 100’ in area, half of the street buffer along Franklin Rd., and a stormwater detention facility in
accord with UDC standards.
R. Qualified Site Amenities (UDC 11-3G-3):
The UDC (11-3G-3) requires a minimum of (1) qualified site amenity to be provided for each 20
acres of development area as set forth in UDC 11-3G-3. Based on 18.18 acres of development
area, a minimum of (1) qualified site amenity is required to be provided to satisfy this
requirement. The specific use standards for multi-family developments listed in UDC 11-4-3-27
also require site amenities in addition to this requirement (see analysis above).
The site amenities described above in #V.H meet this requirement.
S. Maintenance: The applicant proposes to have one management company to handle the
leasing and maintenance of the entire project to ensure a better overall management of the
development. Because this was a previous concern of Council, Staff recommends a
provision requiring this is included in the DA.
T. Waterways (UDC 11-3A-6):
The Kennedy Lateral runs along the east boundary of this site; City Council waived the
requirement for the lateral to be piped due to its large capacity with the final plat for Umbria
Subdivision, the development to the east (FP-06-011).
The Purdam Drain runs across the southwest corner of the site; the Applicant requests Council
approval of a waiver to allow the drain to remain open and not be piped due to its capacity
and location which is not entirely on this property. A retaining wall is proposed adjacent to the
drain in order to preserve public safety; however, the UDC does not allow solid fences adjacent to
waterways. Therefore, the retaining wall should be replaced with a fence that meets the standards
in UDC 11-3A-6C as described below.
Other irrigation ditches cross this site that are proposed to be piped in accord with UDC
standards.
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U. Fencing (UDC 11-3A-6, 11-3A-7):
All new fencing is required to comply with the standards listed in UDC 11-3A-7; fencing along
waterways is required to comply with UDC 11-3A-6.
A 6-foot tall vinyl privacy fence is proposed along the west boundary of the site; a retaining wall
is proposed along the east side of the Purdam Drain and will not be higher than the ground
surface on the development side – a fence will be placed on top of the wall to preserve public
safety; and a rail fence is depicted along the east boundary adjacent to the Kennedy Lateral.
The UDC (11-3A-6) does not allow a solid fence (i.e. a retaining wall) to be constructed
along waterways; therefore, the retaining wall depicted along the Purdam drain shall be
replaced with requires an open vision fence at least 6 feet in height and having an 11-guage,
2-inch mesh or other construction, equivalent in ability to deter access to said drain as set
forth in UDC 11-3A-6C.
The rail fence proposed along the Kennedy Lateral will not preserve public safety with the
lateral remaining open; therefore, it should be replaced with a fence that complies with the
standards listed in UDC 11-3A-6C and described above.
V. Utilities (UDC 11-3A-21):
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. City water and sewer services are
stubbed to this site.
W. Pressure Irrigation (UDC 11-3A-15):
An underground pressurized irrigation system is required to be provided for the development in
accord with UDC 11-3A-15 as proposed.
X. Storm Drainage (UDC 11-3A-18):
An adequate storm drainage system is required in all developments; design and construction shall
follow best management practice as adopted by the City as set forth in UDC 11-3A-18. Storm
drainage facilities counted toward qualified open space are required to comply with the
standards listed in UDC 11-3B-11C.
Y. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual):
Building elevations were submitted with the CUP application that include 3 different
styles (i.e. Delinda 4-plex and 8-plex, Payton 6-plex and 8-plex, and Tucker 6-plex) of
multi-family structures 2- and 3-stories in height (see Section VII.F). All of the units are
a townhome design with garages on the first floor and living areas above.
All structures are required to comply with the design standards listed in the
Architectural Standards Manual and with the guidelines in the TMISAP.
Z. Certificate of Zoning Compliance (CZC)/Design Review (DR):
An application for a CZC and DR is required to be submitted for review and approval of
the site design and structures proposed within the development to ensure consistency with
UDC standards, design standards listed in the Architectural Standards Manual, the
TMISAP, and provisions in this report prior to submittal of building permit applications
for the development.
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VI. DECISION
A. Staff:
Staff finds the proposed development is premiere in that it provides open space, site amenities
and parking far exceeding UDC standards; provides a housing type (i.e. townhome style multi-
family units) that will contribute to the variety of housing types in this area (atypical to the usual
garden style apartments); will provide much needed housing within the Ten Mile area in close
proximity to future shopping and employment uses; and is consistent with the TMISAP.
Therefore, Staff recommends approval of the Applicant’s request for annexation and zoning,
conditional use permit, preliminary plat and private streets contingent upon Council’s approval of
the requested “step” down in density from HDR to MHDR. Council should also consider the
Applicant’s request for a waiver to leave the Purdam Drain open and not require it to be piped.
B. Commission:
The Meridian Planning & Zoning Commission heard these items on December 20, 2018. At
the public hearing, the Commission moved to recommend approval of the subject AZ, CUP
and PP requests.
a. Summary of Commission Public Hearing:
i. In favor: Kent Brown, Applicant’s Representative;
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: James Doolin, Applicant (in agreement with the staff report)
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 Commission:
i. In favor of the single maintenance and management company for the overall
development as proposed by the Applicant;
ii. Walkable distance of the site to future employment uses within the Ten Mile area;
iii. In favor of the design of the proposed structures, parking underneath the structures
and incorporation of mews within the development;
iv. Concern pertaining to timing for this property to develop in conjunction with other
nearby multi-family developments and their overall impact on public services.
d. Commission Change(s) to Staff Recommendation:
i. None
e. Outstanding Issue(s) for City Council:
i. The Applicant is requesting Council approval of a “step” down in density from HDR to
MHDR.
ii. The Applicant is requesting Council approval of a waiver to UDC 11-3A6 to leave the
Purdam Drain open and not pipe it due to its large capacity and it’s not located
entirely on the subject property.
C. The Meridian City Council heard these items on January 22, 2019. At the public hearing,
the Council approved the subject AZ, CUP and PP requests.
a. Summary of City Council Public Hearing:
i. In favor: Kent Brown; James Doolin, FIG Development
ii. In opposition: None
iii. Commenting: Harlin Baldwin
iv. Written testimony: None
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v. Staff presenting application: Sonya Allen
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. Concern pertaining to the continued provision of irrigation water to downstream
users;
c. Key Issues of Discussion by Council:
i. In favor of the proposed re-design and open space and amenity package;
ii. Type of fencing proposed along the Kennedy Lateral and Purdam Drain;
d. Key Council Changes to Commission Recommendation
i. Council approved the Applicant’s request for a “step” down in density from HDR to
MHDR;
ii. Council approved the Applicant’s request for a waiver to UDC 11-3A-6 to leave the
Purdam Drain open and not tile the facility due to its large capacity and because the
drain is not entirely located on this site (see condition #1.1c);
iii. Council required wrought iron fencing to be constructed adjacent to the Kennedy
Lateral and the Purdam Drain as offered by the Applicant (see site specific condition
2.1.2a).
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VII. EXHIBITS
A. Annexation & Zoning Legal Description and Exhibit Map
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B. Site Plan (date: 10/16/18)
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C. Preliminary Plat (date: 10/16/18)
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D. Landscape Plan (date: 10/16/2018)
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E. Qualified Open Space Exhibit (date: 10/9/2018) & Site Amenities
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Amenities: (Revised)
Outdoor pool complex with clubhouse/restroom facilities/property management office
Recreation Category
Play Structure – Step-By-Step item 350-1802 – Recreation Category
Play Structure – Step-By-Step Item 350-1737 – Recreation Category
Dual Slope Pavilion w/ BBQ Stations & picnic tables – 16’ x 20’ DS16X20M – Quality of Life
Category
20’x20’ Pavilion – Sail Shade SRP Sail Shade 0120840 Dual Sail w/ BBQ Stations & picnic tables
Quality of Life Category
Dog Park - SRP Pawsitively Playful Dog Park Item No. RECF0019XX – Quality of Life Category
Basketball Court - Model #1590 – 6” Square Adjustable Basketball System – Recreation
Category
Open grassy play field with minimum 100’x50’ – Open Space Category
Open grassy play field with minimum 100’x50’ – Open Space Category
Pathways – micros paths provided throughout the site – Quality of Life Category
Misc – Park Benches, Bike Racks, Picnic Tables & Trash Receptacles
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F. Building Elevations (date: 10/23/2018)
DELINDA 4-PLEX
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PAYTON 6-PLEX
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TUCKER 6-PLEX
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G. Private Street and Unit Layout Exhibit
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VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING
1. Annexation & Zoning
1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior
to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,
the property owner(s) at the time of annexation ordinance adoption, and the developer.
Currently, a fee of $303.00 shall be paid by the Applicant to the Planning Division
prior to commencement of the DA. The DA shall be signed by the property owner and
returned to the Planning Division within six (6) months of the City Council granting the
annexation. The DA shall, at minimum, incorporate the following provisions:
a. Future development of this site shall be generally consistent with the preliminary plat, site
plan, landscape plan, open space exhibit, building elevations/floor plans included in Section
VII, and the provisions contained herein.
b. The Kennedy Lateral was previously approved by City Council with the final plat for Umbria
Subdivision (FP-06-011), the development to the east, to remain open and not be piped due to
its large capacity.
c. The City Council approved a waiver to UDC 11-3A-6B to allow the Purdam Drain shall be
piped as set forth in UDC 11-3A-6B unless otherwise waived by City Council. The Applicant
requests a waiver for the drain to remain open due to its capacity and location which is not
entirely on this site to remain open and not be piped or otherwise covered due to its large
capacity and due to it not being located entirely on this site.
d. Site amenities and open space shall be provided within the development in accord with the
qualified open space exhibit in Section VII.E and amenities shown on the site plan in Section
VII.B in accord with the standards listed in UDC 11-3G-3 and 11-4-3-27C, D.
e. The applicant shall have one management company handle the leasing and maintenance of
the entire project to ensure better overall consistent management of the development.
2. Conditional Use Permit
2.1 Site Specific Conditions
2.1.1 The Applicant shall comply with the specific use standards listed in UDC 11-4-3-27 for multi-
family developments.
2.1.2 The site/landscape plan included in Section VII shall be revised as follows:
a. The retaining wall depicted along the Purdam drain and the rail fence depicted along the
Kennedy Lateral shall be replaced with an open vision fence a wrought iron fence at least 6
feet in height and having an 11-guage, 2-inch mesh or other construction, equivalent in ability
to deter access to said drain/lateral as set forth in accord with UDC 11-3A-6C; the same type
of fencing is required along the east side of the Purdam Drain if Council approves a waiver
for the waterway to remain open and not be piped.
b. Depict the location of the property management office, maintenance storage area, central
mailbox location (including provisions for parcel mail) that provides safe pedestrian and/or
vehicular access, and directory and map of the development at an entrance or convenient
location for those entering the development in accord with the standards listed in UDC 11-4-
3-27.
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c. Depict minimum 80 square foot patios for each unit in accord with UDC 11-4-3-27B.3.
d. All storm drainage facilities shall comply with the standards listed in UDC 11-3B-11C.
2.1.3 All drive aisles are required to be posted as fire lanes with no parking allowed; if a curb exists
next to the drive aisle, it shall be painted red as set forth in UDC 11-3F-4B.2d.
2.1.4 The development is required to record legally binding documents that state the maintenance and
ownership responsibilities for the management of the development, including, but not limited to,
structures, parking, common areas, and other development features as set forth in UDC 11-4-3-
27F. A recorded copy of this agreement shall be submitted with the Certificate of Zoning
Compliance application.
2.1.5 All structures are required to comply with the design standards listed in the Architectural
Standards Manual and with the guidelines in the Ten Mile Interchange Specific Area Plan (pgs. 3-
31 thru 3-51).
2.1.6 The conditional use permit shall be valid for a maximum period of two (2) years unless otherwise
approved by the city. During this time, the applicant shall commence the use as permitted in
accord with the conditions of approval, satisfy the requirements set forth in the conditions of
approval, and acquire building permits and commence construction of permanent footings or
structures on or in the ground.
2.1.7 An application for a Certificate of Zoning Compliance and Design Review is required to be
submitted for review and approval of the site design and structures proposed within the
development to ensure consistency with Unified Development Code standards, design standards
listed in the Architectural Standards Manual, the Ten Mile Interchange Specific Area Plan, and
provisions in this report prior to submittal of building permit applications for the development.
2.1.8 Development shall comply with the private street and unit layout exhibit in Section VII.G.
3. Preliminary Plat
3.1 The preliminary plat included in Section VII.C shall be revised as follows:
a. All private streets shall be depicted on a single platted lot that provides access to all
properties served by such private streets in accord with UDC 11-3F-4.
3.2 To ensure dimensional standards and setback requirements for the R-15 zoning district and the
specific use standard in UDC 11-4-3-27B.1, as well as Building Code separation requirements are
met, staff recommends the final plat for this development is recorded prior to submittal of any
Certificate of Zoning Compliance applications.
3.3 All private streets shall be constructed in accord with the design and construction standards listed
in UDC 11-3F-4A, B.
3.4 Approval of the preliminary 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; or, submit and obtain approval of a time
extension as set forth in UDC 11-6B-7.
B. PUBLIC WORKS
1. Site Specific Conditions of Approval
1.1 In order to ensure connectivity, and service to future development, provide water connections at
two locations to the west. One at proposed Perugia Street, and one at or north of Street I.
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2. General Conditions of Approval
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 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.
2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20-feet wide for a
single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but
rather dedicated outside the plat process using the City of Meridian’s standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document. All easements must be
submitted, reviewed, and approved prior to development plan approval.
2.4 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.
2.5 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.
2.6 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, except for the Purdam Drain and the Kennedy Lateral which the Council approved to be
left open. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any
other applicable law or regulation.
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.
2.8 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.
2.9 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.
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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.
2.11 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.
2.12 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.
2.13 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.
2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
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.
2.18 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.
2.19 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.
2.20 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.
2.21 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.
2.22 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.
2.23 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
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Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
C. FIRE DEPARTMENT
http://weblink.meridiancity.org/weblink8/0/doc/158714/Page1.aspx
D. POLICE DEPARTMENT
http://weblink.meridiancity.org/weblink8/0/doc/159430/Page1.aspx
E. NAMPA & MERIDIAN IRRIGATION DISTRICT (NMID)
http://weblink.meridiancity.org/weblink8/0/doc/159022/Page1.aspx
F. CENTRAL DISTRICT HEALTH DEPARTMENT (CDHD)
http://weblink.meridiancity.org/weblink8/0/doc/158766/Page1.aspx
G. DEPARTMENT OF ENVIRONMENT QUALITY (DEQ)
http://weblink.meridiancity.org/weblink8/0/doc/158651/Page1.aspx
H. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO (COMPASS)
http://weblink.meridiancity.org/weblink8/0/doc/158560/Page1.aspx
I. ADA COUNTY HIGHWAY DISTRICT (ACHD)
http://weblink.meridiancity.org/weblink8/0/doc/159258/Page1.aspx
IX. FINDINGS
A. Annexation and/or Rezone (UDC 11-5B-3E)
Required 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 and/or rezone, the council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive plan;
The City Council finds the Applicant’s proposal to annex the subject 19.07 acre property with
an R-15 zoning district and develop 238 new multi-family units consisting of townhome style
apartments at a gross density of 13.09 units per acre is below the density desired in HDR
designated areas but appropriate for the step down in density to MHDR as requested and
approved with this application.
2. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds that the proposed map amendment to the R-15 zoning district is
consistent with the purpose statement for the residential districts in UDC 11-2A-1.
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3. The map amendment shall not be materially detrimental to the public health, safety, and
welfare;
The City Council finds that the proposed zoning map amendment will not be detrimental to
the public health, safety, or welfare. City utilities will be extended at the expense of the
applicant.
4. 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.
5. The annexation (as applicable) is in the best interest of city.
The City Council finds annexing this property with an R-15 zoning district is in the best interest
of the City if the applicant develops the site in accord with the proposed site plan.
B. Preliminary Plat (UDC 11-6B-6)
In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the
decision making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-
2005)
1. The plat is in conformance with the comprehensive plan and is consistent with this unified
development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008)
The City Council finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan in regard to land use, transportation, and circulation. Please see
Comprehensive Plan analysis in Section V of the Staff Report for more information.
2. Public services are available or can be made available and are adequate to accommodate the
proposed development;
The City Council finds that public services will be provided to the subject property upon
development. (See Section VIII of the Staff Report for more details from public service
providers.)
3. 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, the City Council finds that the subdivision will not require the expenditure of
capital improvement funds.
4. There is public financial capability of supporting services for the proposed development;
The City Council finds there is public financial capability of supporting services for the
proposed development based on comments received from public service providers (i.e.,
Police, Fire, ACHD, etc.). (See Exhibit B for more detail.)
5. The development will not be detrimental to the public health, safety or general welfare; and
The City Council finds the proposed development will not be detrimental to the public health,
safety or general welfare. ACHD considers road safety issues in their analysis.
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6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-
30-2005, eff. 9-15-2005)
The City Council is unaware of any significant natural, scenic or historic features that exist
on this site.
C. Conditional Use Permit (UDC 11-5B-6)
Required Findings: The commission shall base its determination on the conditional use permit
request upon the following:
1. That the site is large enough to accommodate the proposed use and meet all the dimensional
and development regulations in the district in which the use is located.
The City Council finds that the subject property is large enough to accommodate the
proposed use and the dimensional & development regulations of the R-15 district (see
Analysis Section V for more information).
2. That the proposed use will be harmonious with the Meridian comprehensive plan and in
accord with the requirements of this title.
The City Council finds that the proposed use is consistent and harmonious with the UDC and
the requested step down in density to MHDR in the Comprehensive Plan.
3. That the design, construction, operation and maintenance will be compatible with other uses
in the general neighborhood and with the existing or intended character of the general vicinity
and that such use will not adversely change the essential character of the same area.
The City Council finds that if the applicant complies with the conditions outlined in this
report, the proposed use should be compatible with other uses in the general neighborhood
and with the existing and intended character of the area.
4. That the proposed use, if it complies with all conditions of the approval imposed, will not
adversely affect other property in the vicinity.
The City Council finds that if the applicant complies with the conditions outlined in this report,
the proposed use will not adversely affect other property in the area.
5. That the proposed use will be served adequately by essential public facilities and services
such as highways, streets, schools, parks, police and fire protection, drainage structures,
refuse disposal, water, and sewer.
The City Council finds that sanitary sewer, domestic water, refuse disposal, and irrigation
are currently available to the subject property and the proposed use will be served
adequately by the public facilities and services listed above based on their comments in
Section VIII. Comments were not received from the school district.
6. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
If approved, the applicant will be financing any improvements required for development. The
City Council finds there will not be excessive additional requirements at public cost and that
the proposed use will not be detrimental to the community’s economic welfare.
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7. That the proposed use will not involve activities or 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.
The City Council finds the proposed use will not be detrimental to any persons, property or
the general welfare of the area.
8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or
historic feature considered to be of major importance. (Ord. 05-1170, 8-30-2005, eff. 9-15-
2005)
The City Council finds that there should not be any health, safety or environmental problems
associated with the proposed use. Further, the City Council finds that the proposed use will
not result in the destruction, loss or damage of any natural, scenic or historic feature of
major importance.
D. Private Street (UDC 11-3F-5)
Required Findings: In order to approve the application, the director shall find the following:
1. The design of the private street meets the requirements of this article;
The Director finds the proposed design of the private streets meets the standards listed in
UDC 11-3F-4.
2. Granting approval of the private street would not cause damage, hazard, or nuisance, or other
detriment to persons, property, or uses in the vicinity; and
The Director finds granting approval of the proposed private streets will not cause damage,
hazard, or nuisance or other detriment as described above.
3. The use and location of the private street shall not conflict with the comprehensive plan
and/or the regional transportation plan. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005)
The Director finds the proposed use and locations of private streets will not conflict with the
Comprehensive Plan or regional transportation plan.
4. The proposed residential development (if applicable) is a mew or gated development. (Ord.
10-1463, 11-3-2010, eff. 11-8-2010)
The Director finds the proposed residential development incorporates mews in the design.
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