Razzberry Point Villas Subdivision RZ, PP H-2018-0130CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0130 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for Rezone of 1.86 Acres of Land from the R-8 to the L-O Zoning
District; and Preliminary Plat Consisting of 16 Building Lots and 4 Common Lots on 1.43 Acres of
Land in the R-15 Zoning District for Razzberry Point Villas Subdivision, by Ed Bowman.
Case No(s). H-2018-0130
For the City Council Hearing Date of: March 19, 2019 (Findings on April 2, 2019)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of March 19, 2019, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of March 19, 2019, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of March 19, 2019,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of March 19, 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.
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0130 - 2 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of March 19, 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 rezone is hereby approved with the requirement of a Development
Agreement; and preliminary plat is hereby approved per the provisions in the Staff Report for
the hearing date of March 19, 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 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
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0130 - 3 -
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six (6) month approval
period.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of March 19, 2019
Meridian City Council Meeting Agenda April 2, 2019 – Page 159 of 395
By action of the City Council at its regular meeting held on the
2019.
COUNCIL PRESIDENT JOE BORTON
COUNCIL VICE PRESIDENT LUKE CAVENER
COUNCIL MEMBER ANNE LITTLE ROBERTS
COUNCIL MEMBER TY PALMER
COUNCIL MEMBER TREG BERNT
COUNCIL MEMBER GENESIS MIL,AM
MAYOR TAMMY de WEERD
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Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: &CA t I VU Dated: L4-g-pz
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0130 - 4 -
EXHIBIT A
Page 1
HEARING
DATE:
3/19/2019
TO: Mayor & City Council
FROM: Sonya Allen, Associate Planner
208-884-5533
Bruce Freckleton, Development
Services Manager
208-887-2211
SUBJECT: H-2018-0130
Razzberry Villas
LOCATION: 1434 and 1492 Star Drive
(NE ¼ of Section 31, T.4N., R.1E.)
I. PROJECT DESCRIPTION
Rezone of 1.86 acres of land from the R-8 and L-O zoning district to the R-15 zoning district; and
Preliminary plat consisting of 16 building lots and 4 common lots on 1.43 acres of land in a proposed
R-15 zoning district.
II. SUMMARY OF REPORT
A. Project Summary
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
Description Details Page
Acreage 1.43
Future Land Use Designation MDR (Medium Density Residential) & MU-N (Mixed Use –
Neighborhood) with a N.C. (Neighborhood Center) overlay
Existing Land Use Vacant/undeveloped land
Proposed Land Use(s) SFR (single-family residential)
Current Zoning R-8 (Medium-Density Residential) and L-O (Limited Office)
Proposed Zoning R-15 (Medium High-Density Residential)
Lots (# and type; bldg/common) 16 building lots/4 common lots
Phasing plan (# of phases) 1
Number of Residential Units (type
of units)
16 (8 detached/8 attached)
Density (gross & net) 11.2 gross/13.7 net
Open Space (acres, total [%] /
buffer / qualified)
NA (site is under 5 acres in size – qualified open space is not
required)
Amenities NA (site is under 5 acres in size – qualified site amenities are
not required)
Meridian City Council Meeting Agenda April 2, 2019 – Page 161 of 395
Page 2
B. Project Area Maps
Physical Features (waterways,
hazards, flood plain, hillside)
None
Neighborhood meeting date; # of
attendees:
11/1/18; 6 attendees
History (previous approvals) AZ-03-034 (no DA); CUP-03-062 (Planned Development for
a mix of residential and office uses in R-8 & L-O zones); PP-
03-039; FP-04-055 (Razzberry Crossing)
Future Land Use Map
Aerial Map
Zoning Map
Planned Development Map
Meridian City Council Meeting Agenda April 2, 2019 – Page 162 of 395
Page 3
III. APPLICANT INFORMATION
A. Applicant:
Ed Bowman – 802 N. Knox Ave., Star, ID 83669
B. Owners:
Douglas Victor – 4701 W. Braveheart St., Eagle, ID 83616
Jason Ames – 1878 E. Townline Way, Meridian, ID 83642
Randy Donald – 513 Regents Gate Dr., Henderson, NV 89014
C. Representative:
Corinne Graham, Civil Site Works – 921 S. Orchard St., Ste. 200, Boise, ID 83705
IV. NOTICING
Planning & Zoning
Posting Date
City Council
Posting Date
Legal notice published in
newspaper 1/18/2019 3/1/2019
Radius notification mailed to
properties within 300 feet 1/15/2019 2/26/2019
Nextdoor posting 1/15/2019 2/26/2019
Public hearing notice sign posted
on property 1/25/2019 3/6/2019
V. STAFF ANALYSIS
A. Comprehensive Plan (Comprehensive Plan))
This site is partially designated Medium Density Residential (MDR) (0.78+/- of an acre) and
partially designated Mixed Use – Neighborhood (MU-N) (0.65+/- of an acre) with a Neighborhood
Center (N.C.) overlay on the MU-N portion on the Future Land Use Map (FLUM) contained in the
Comprehensive Plan.
The MDR designation allows smaller lots for residential purposes within City limits. Uses may
include single-family homes at gross densities of 3 to 8 dwelling units per acre.
The purpose of the MU-N designation is to assign areas where neighborhood-serving uses and
dwellings are seamlessly integrated into the urban fabric. The intent is to avoid predominantly
single-use developments by incorporating a variety of uses. Land uses in these areas should be
primarily residential with supporting non-residential services. Non-residential uses in these areas
tend to be smaller scale and provide a good or service that people typically do not travel far for
(approximately 1 mile) and need regularly. Employment opportunities for those living in the
neighborhood are encouraged. Connectivity and access between the non-residential and
residential land uses is particularly critical in MU-N areas. Residential uses should comprise a
minimum of 40% of the development area at densities ranging from 6 to 12 units per acre.
Where there is a N.C. overlay designation in MU-N areas the City seeks to create a centralized,
pedestrian-oriented, identifiable and day-to-day, service-oriented focal point for neighborhood
scale development.
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Page 4
The proposed development demonstrates compliance with the following policies of the Plan:
(Staff’s comments in italics)
“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)
A mix of single-family attached and detached units are proposed for a diversity of housing
types; Staff is unaware if they will be owner occupied or rental units.
“Support a variety of residential categories (low-, medium-, medium-high and high-density
single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the
purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E)
The proposed medium high density development with a mix of attached and detached units
will contribute to the variety of residential categories available in the City.
“Provide housing options close to employment and shopping centers.” (3.07.02D)
The proposed development is within a couple of miles of employment and shopping located
along Eagle Rd. and Fairview Ave.
“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)
Urban services can be provided to the proposed development upon development.
“Protect existing residential properties from incompatible land use development on adjacent
parcels.” (3.06.01F)
The proposed single-family residential development should be compatible with existing
single-family residential uses abutting the site.
B. Rezone:
The site is proposed to be rezoned from the R-8 and L-O zoning districts to the R-15 district
consistent with the MDR and MU-N with a N.C. overlay FLUM designations. The proposed
density of 11.2 units per acre is above that desired within the MDR designation and at the high
end of that desired in the MU-N designation. Because the subject parcels have a split FLUM
designation and FLUM designations are not necessarily parcel specific, Staff deems the MU-N
designation is appropriate to “float” to the MDR designated parcels with a zoning of R-15.
Further, Staff is of the opinion the proposed single-family residences at a higher density will
provide a transition to the existing non-residential uses to the south and east that consist of a
daycare and office uses.
A legal description for the area proposed to be rezoned is included in Section VII.A.
The City may require a development agreement (DA) in conjunction with a rezone pursuant to
Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this
application, staff recommends a DA as a provision of rezone with the provisions included in
Section VIII.
C. Preliminary Plat:
The proposed preliminary plat is a re-subdivision of Lots 1-3, Block 6, Razzberry Crossing
Subdivision. There is an existing 20-foot wide sewer easement (Instrument #105139574)
depicted on the Razzberry Crossing Subdivision plat across Lot 1, Block 6 that is required
to be relinquished prior to City Engineer signature on the final plat for the proposed
subdivision.
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The proposed plat consists of 16 building lots and 4 common lots on 1.43 acres of land in the
proposed R-15 district (see Section VII.B).
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.
D. Existing Structures/Site Improvements:
There are no existing structures or site improvements on this site except for sidewalks along the
project’s frontage along N. Bright Angel Ave. and E. Star Dr.
E. Proposed Zoning/Use Analysis:
The proposed R-15 zoning district for the site is consistent with the existing MDR and MU-N
with a N.C. overlay FLUM designation.
Single-family detached and attached dwellings are listed as a principal permitted use in the R-15
zoning district per UDC Table 11-2A-2.
F. Dimensional Standards (UDC Table 11-2A-7):
Development is required to comply with the dimensional 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.
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Page 6
G. Access (UDC 11-3A-3):
Access is proposed via E. Star Dr. and N. Bright Angel Ave., both local streets, and via common
driveways from these streets in accord with UDC standards.
H. Common Driveways (UDC 11-6C-3)
All common driveways are required to comply with the standards listed in UDC 11-6C-3D. The
proposed driveways comply with the minimum dimensional standards and serve the maximum
number of units allowed.
The driveways are required to be paved with a surface capable of supporting fire vehicles and
equipment; and be straight or provide a 28’ inside and 48’ outside turning radius.
Solid fencing adjacent to the common driveways is prohibited unless separated from the
common driveway by a minimum 5-foot wide landscaped buffer.
The preliminary plat depicts building envelopes for the proposed structures; however, the
conceptual building elevations do not coincide with the building envelopes and setbacks
shown. An exhibit should be submitted with the final plat application that depicts setbacks,
fencing, building envelope, and orientation of the lots and structures that coincide with the
concept building elevations approved with this application if different from that shown on
the preliminary plat.
A perpetual ingress/egress easement is required to be filed with the Ada County Recorder
for the common driveways, which shall include a requirement for maintenance of a paved
surface capable of supporting fire vehicles and equipment. A copy of the recorded easement
should be submitted with the final plat application or with the plat submitted for City
Engineer signature.
I. 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. Two-car garages
are proposed along with 20’ x 20’ parking pads for each unit in accord with this standard.
J. Pathways (UDC 11-3A-8, 11-3B-12C):
No pathways are depicted on the Pathways Master Plan for this site and no pathways are
proposed or required by the UDC on this site.
K. Sidewalks (UDC 11-3A-17):
A detached sidewalk exists along E. Star Dr. and an attached sidewalk exists along N. Bright
Angel Ave. in accord with UDC standards.
L. Landscaping (UDC 11-3B):
Common area landscaping is required in accord with the standards listed in UDC 11-3G-3E.2.
Landscaping is proposed in accord with UDC standards.
There are several existing trees on this site some of which are proposed to be removed consisting
of a total of 76 caliper inches that require mitigation in accord with the standards listed in UDC
11-3B-10C.5. A total of 77.5 caliper inches of trees are proposed for replacement in accord with
UDC standards.
M. Qualified Open Space & Site Amenities (UDC 11-3G-3):
Because this site is below 5 acres in size, open space and site amenities are not required per UDC
11-3G-3A. However, the Applicant is working with the Razzberry Crossing Homeowner’s
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Association to potentially include this development in the existing HOA. This would provide
residents with access to existing common areas and site amenities and provide the HOA with
additional dues that could be used to maintain those areas.
N. Waterways (UDC 11-3A-6):
There are no waterways that cross this site.
O. Fencing (UDC 11-3A-6, 11-3A-7):
All new fencing is required to comply with the standards listed in UDC 11-3A-7.
P. 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.
Q. 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.
R. 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.
S. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual):
Conceptual building elevations were submitted for the attached structures but they are not
consistent with the building footprints depicted on the preliminary plat. Therefore, Staff
has requested the Applicant submit revised elevations for both the attached and detached
units that are consistent with the footprints shown on the plat prior to the Commission
hearing. The Applicant submitted revised elevations as required.
All attached structures are required to comply with the design standards listed in the
Architectural Standards Manual and with the guidelines in the TMISAP.
T. Certificate of Zoning Compliance (CZC)/Design Review (DR):
An application for a CZC and DR is required to be submitted for all single-family attached
structures to ensure consistency with UDC standards, design standards listed in the
Architectural Standards Manual, and provisions in this report prior to submittal of
building permit applications for the development. Single-family detached structures are
exempt from this requirement.
VI. DECISION
A. Staff:
Staff finds the proposed development meets the minimum development standards of the UDC;
therefore, Staff recommends approval of the proposed Rezone and Preliminary Plat.
B. The Meridian Planning & Zoning Commission heard these items on February 7, 2019. At
the public hearing, the Commission moved to recommend approval of the subject Rezone
and Preliminary Plat requests.
a. Summary of Commission Public Hearing:
i. In favor: Corinne Graham, Applicant’s Representative
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ii. In opposition: None
iii. Commenting: Derrick Eisenbeis, Razzberry Crossing Subdivision HOA President;
iv. Written testimony: Marilyn Cox; Stanley Stinson Sr.
v. Staff presenting application: Sonya Allen
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. The proposed rezone would benefit the community by providing more of a selection
of housing opportunities and economically competitive choices;
ii. Concerns pertaining to traffic, parking, safe and sufficient common area, property
and home values;
iii. The Razzberry Crossing Subdivision HOA voted unanimously to allow this
development to join their HOA.
iv. Against the proposed zone change and use due to all the extra cars, children and
animals in a small confined space on a busy street;
v. Opinion that the proposed homes don’t blend with those in Alexandria Subdivision
across the street.
c. Key Issues of Discussion by Commission:
i. The possibility for the proposed development to be included in the existing
Razzberry Crossing Subdivision HOA;
ii. If the amount of existing common area in Razzberry Crossing is sufficient to cover
both developments and if this development should provide a site amenity for the
common area if it’s included in the HOA;
iii. Concern pertaining to the provision of adequate on-street parking for guests;
iv. The proposed attached units provide diversity in this neighborhood;
v. In favor of proposed lot layout and design.
d. Commission Change(s) to Staff Recommendation:
i. Request for the Applicant to present conceptual amenities for the development at the
Council meeting for inclusion in the Razzberry Crossing Subdivision common
area(s).
e. Outstanding Issue(s) for City Council:
i. The Applicant should present conceptual site amenities at the Council hearing for
inclusion in the Razzberry Crossing Subdivision common area(s) with consent from
the HOA.
ii. If the Council wants this development to be included in the Razzberry Crossing
Subdivision HOA, a condition should be added.
C. The Meridian City Council heard these items on March 19, 2019. At the public hearing, the
Council approved the subject RZ and PP requests.
a. Summary of City Council Public Hearing:
i. In favor: Corrine Graham, Applicant’s Representative
ii. In opposition: None
iii. Commenting: Siegfried Sendig; Alice Hankla; Derrick Eisenbeis
iv. Written testimony: None
v. Staff presenting application: Bill Parsons, Planning
vi. Other staff commenting on application: Joe Bongiorno, Fire Dept.
b. Key issue(s) of Public Testimony:
i. Concern pertaining to the generation of additional traffic, on-street parking and
resulting congestion on Star Rd. from this development;
Meridian City Council Meeting Agenda April 2, 2019 – Page 168 of 395
Page 9
ii. Significantly smaller lot sizes in the proposed development compared to those in the
adjacent Razzberry Crossing Subdivision;
iii. Safety concerns for children because of more traffic in this area.
iv. In favor of homes being developed on this parcel.
c. Key Issues of Discussion by Council:
i. The provision of site amenities by this Developer in existing common area(s) in
Razzberry Crossing and inclusion of this development in their HOA.
i. Key Council Changes to Staff/Commission Recommendation
i. Add a new condition requiring the Applicant to work with the Razzberry Crossing
Subdivision HOA to incorporate the subject property into their HOA and provide an
amenity in the central open space in Razzberry Crossing (see Section VIII.A.1.1b).
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VII. EXHIBITS
A. Rezone Legal Description and Exhibit Map
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B. Preliminary Plat (dated: 1/7/19)
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C. Landscape Plan (date: 11/27/2018)
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D. Conceptual Building Elevations (date: 6/12/2018) REVISED
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VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING
1. Rezone
1.1 A Development Agreement (DA) is required as a provision of rezone of this property. Prior to
approval of the rezone ordinance, a DA shall be entered into between the City of Meridian, the
property owner(s) at the time of rezone ordinance adoption, and the developer.
Currently, a fee of $303.00 shall be paid by the Applicant to the Planning Division
prior to commencement of the DA. The DA shall be signed by the property owner and
returned to the Planning Division within six (6) months of the City Council granting the
rezone for Council approval and subsequent recordation. The DA shall, at minimum,
incorporate the following provisions:
a. Future development of this site shall be generally consistent with the preliminary plat,
landscape plan, and conceptual building elevations included in Section VII, and the
provisions contained herein.
b. The Applicant shall work with the Razzberry Crossing Subdivision Homeowner’s
Association to incorporate the subject development into the Razzberry Crossing HOA
and provide an amenity in the central open space in Razzberry Crossing.
Note: A final plat application will not be accepted until the DA is executed.
2. Preliminary Plat
2.1 The existing 20-foot wide sewer easement (Instrument #105139574) depicted on the Razzberry
Crossing Subdivision plat across Lot 1, Block 6 shall be relinquished prior to City Engineer
signature on the final plat.
2.2 The final plat submitted for this subdivision shall include the following revisions from that shown
on the preliminary plat included in Section VII.B as follows:
a. Remove existing lot lines from the Razzberry Crossing Subdivision plat.
2.3 The landscape plan submitted with the final plat application shall include the following revision
(if applicable):
a. If solid fencing is proposed adjacent to the common driveway it shall be separated from the
common driveway by a minimum 5-foot wide landscaped buffer; otherwise, it’s prohibited.
2.4 An exhibit shall be submitted with the final plat application that depicts the setbacks, fencing,
building envelope, and orientation of the lots and structures that are consistent with the
conceptual building elevations approved with this application in accord with UDC 11-6C-3D if
different from that shown on the approved preliminary plat.
2.5 A perpetual ingress/egress easement is required to be filed with the Ada County Recorder for the
common driveways, which shall include a requirement for maintenance of a paved surface
capable of supporting fire vehicles and equipment as set forth in UDC 11-6C-3D.8. A copy of the
recorded easement shall be submitted with the final plat application or with the plat
submitted for City Engineer signature.
2.6 An application for Administrative Design Review shall be submitted and approved prior to
submittal of building permit applications for any single-family attached units. Single-family
detached units are exempt from this requirement.
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2.7 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, submit and obtain approval of a time extension as set forth in UDC 11-6B-7.
2.8 The conceptual building elevations submitted with this application for the attached
structures are not approved as they aren’t consistent with the building footprints depicted
on the preliminary plat. Therefore, revised elevations for both the attached and detached
units that are consistent with the footprints shown on the plat shall be submitted prior to the
Commission hearing.
B. PUBLIC WORKS
1. Site Specific Conditions of Approval
1.1 A street light plan will need to be included in the final plat or building permit application. Street
light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the
standards can be found at http://www.meridiancity.org/public_works.aspx?id=272.
1.2 Applicant needs to extend sewer main north in the eastern common drive to serve lots 9,10, 11
and 14. Abandon sewer service at MH L14-348 in E Star Drive. Also, abandon sewer main
between MH L14-350 and MH L14-363 due to proposed houses on top of the existing sewer line.
This abandonment will cause sewer flow issues in the existing sewer main in N Bright Angel
Ave. Sewer main slope in Bright Angel will need to be flipped between MH L14-350 to the new
proposed manhole (SSMH B-4) to correct this flow issue. Other option is to not build on top of
existing main line MH L14-350 to MH L14-363.
1.3 No plans submitted that show proposed water main, hydrants, or location of services. Developer
shall work out the configuration of water services with Land Development Analyst in Community
Development.
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
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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. 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.
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.
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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
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/160090/Page1.aspx
D. NAMPA & MERIDIAN IRRIGATION DISTRICT (NMID)
http://weblink.meridiancity.org/weblink8/0/doc/160516/Page1.aspx
E. CENTRAL DISTRICT HEALTH DEPARTMENT (CDHD)
http://weblink.meridiancity.org/weblink8/0/doc/160638/Page1.aspx
F. DEPARTMENT OF ENVIRONMENT QUALITY (DEQ)
http://weblink.meridiancity.org/weblink8/0/doc/160281/Page1.aspx
Meridian City Council Meeting Agenda April 2, 2019 – Page 180 of 395
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IX. FINDINGS
A. 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 proposed map amendment to R-15 and development plan is
consistent with the MDR and MU-C with a N.C. overlay FLUM designations and goals of the
Comprehensive Plan.
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.
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.
This finding this is not applicable because the request is for a rezone, not annexation.
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.)
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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 from the 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 is not aware of any health, safety, or environmental problems associated
with the platting of this property. ACHD considers road safety issues in their analysis.
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.
Meridian City Council Meeting Agenda April 2, 2019 – Page 182 of 395