Linder Village H-2017-0088ADA COUNTY RECORDER Phil McGrane 2019-028376
BOISE IDAHO Pgs=72 BONNIE OBERBILLIG 04/10/2019 10:08 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Lynx Investments, LLLP, Owner
3. C.C.P.D., Inc., Owner
4. High Desert Development, Inc. and DMG Real Estate Partners, LLC,
Developers
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this �, day of Ap"L' , 2019, by and between City of Meridian, a municipal
corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue,
Meridian, Idaho 83642 and Lynx Investments, LLLP whose address is 712 N. Troutner Way, Boise,
Idaho 83712 and hereinafter called OWNER and C.C.P.D., Inc., whose address is P.O. Box 203,
Pendleton, Oregon 97801, hereinafter called OWNER and High Desert Development, Inc., whose
address is 712 N. Troutner Way, Boise, Idaho 83712 and DMG Real Estate Partners, LLC, whose
address is 2537 W. State Street, Suite 110, Boise, ID 83702 hereinafter called DEVELOPERS.
RECITALS:
1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract
of land in the County of Ada, State of Idaho, described in Exhibit "A", which
is attached hereto and by this reference incorporated herein as if set forth in
full, herein after referred to as the Property; and
1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owner and/or Developers
make a written commitment concerning the use or development of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-513-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re -zoning of
land; and
1.4 WHEREAS, Owner and/or Developers have submitted an application for the
annexation and zoning of 81.51 acres of land, described in Exhibit "A", to the
C -C (Community Business) and R-8 (Medium Density Residential) zoning
districts, under the Unified Development Code, which generally describes how
the Property will be developed and what improvements will be made; and
DEVELOPMENT AGREEMENT— LINDER VILLAGE (H-2017-0088) PAGE 1 OF 12
Meridian City Council Meeting Agenda April 9, 2019 — Page 49 of 214
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AC104OWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER:
Lynx Investments, LLLP
By: Jo eph D. _ uarte
Its: General Partner
DEVELOPERS:
DMG Real Estate Partners, LLC
2�m' e� �-\
aV
By: L. David McKinney
Its: Member/Manager
u_I _ 1=10
By: I
Mayor T&
m de Weerd
C.C.P.D., Inc.
By: Ted C. Carner
Its: President
High Desert Development, Inc.
s�
By: Jos ph D. uarte
Its: President
ATTEST:
.Jay does, City Clerk
DEVELOPMENT AGREEMENT - LINDER VILLAGE (H-2017-0088 PAGE 9 OF 12
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STATE OF IDAHO )
ss
County of Ada
On this C14 day of AM,1 , 2019, before me, a Notary Public,
personally appeared Tammy de Weerd and Jay Coles, know or identified tome to be the Mayor !�y
and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that, ly 5
executed the instrument of behalf of said City, and acknowledged to me that such City executed theSOKY16M
same. DepfLuk
j C"
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
LL)CHARLCNN #6739
OMMISS
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES 3128122
DEVELOPMENT AGREEMENT —LINDER VILLAGE (H-2017-0088)
Notary Publicfo Idaho
Residing at:
Commission expires: 3 ,,9.2
Meridian City Council Meeting Agenda April 9, 2019 — Page 60 of 214
PAGE 12 OF 12
EXHIBIT A
Linder Village – H-2017-0088
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EXHIBIT A
Linder Village – H-2017-0088
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EXHIBIT A
Linder Village – H-2017-0088
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EXHIBIT A
Linder Village – H-2017-0088
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EXHIBIT A
Linder Village – H-2017-0088
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EXHIBIT A
Linder Village – H-2017-0088
Meridian City Council Meeting Agenda April 9, 2019 – Page 66 of 214
WinCo FOODS
W. CHINDEN BLVD. & N. LINDER RD.
ARCHITECTURE & ENGINEERING
707 N. 27th St.
Boise, ID 83702
208.319.0772
Eric Lind - elind@tait.com
Dan Zimmerman- dzimmerman@tait.com
TAIT & ASSOCIATES
PERSPECTIVE LOOKING SOUTH EAST FRONT ELEVATION LOADING DOCKS
FRONT (NORTH) ELEVATION
REAR (SOUTH) ELEVATION
Meridian City Council Meeting Agenda April 9, 2019 – Page 67 of 214
ARCHITECTURE & ENGINEERING
707 N. 27th St.
Boise, ID 83702
208.319.0772
Eric Lind - elind@tait.com
Dan Zimmerman- dzimmerman@tait.com
WinCo FOODS
W. CHINDEN BLVD. & N. LINDER RD.
TAIT & ASSOCIATES
RIGHT (WEST) ELEVATION
LEFT (EAST) ELEVATION
PERSPECTIVE LOOKING SOUTH WEST TRELLIS CANOPY PERSPECTIVE
ADJACENT BUILDING
Meridian City Council Meeting Agenda April 9, 2019 – Page 68 of 214
ARCHITECTURE & ENGINEERING
707 N. 27th St.
Boise, ID 83702
208.319.0772
Eric Lind - elind@tait.com
Dan Zimmerman- dzimmerman@tait.com
TAIT & ASSOCIATES
WinCo FOODS
W. CHINDEN BLVD. & N. LINDER RD.
1 2 3 4
5 6 7 8
PALETTE:
1. BRICK - MOROCCAN BROWN
2. CULTURED STONE - BUCKS COUNTRY
3. METAL PANEL SIDING
4. RIBBED METAL PANEL
5. 665 SPLIT FACE CMU - DARK
6. 665 SPLIT FACE CMU - LIGHT
7. 665 SPLIT FACE CMU - MEDIUM
8. RAISED SEAM METAL ROOFING
9. EIFS - BUNGALOW BEIGE
9
Meridian City Council Meeting Agenda April 9, 2019 – Page 69 of 214
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0088 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for Annexation and Zoning
of 81.51 Acres of Land from the RUT Zoning District in Ada County to the C-C (63.8 Acres) and R-
8 (17.71 Acres) Zoning Districts in the City; Preliminary Plat Consisting of 16 Commercial Building
Lots, 1 Residential Building Lot, 2 Common Lots and 2 Other Lots for Future Right-of-Way
Dedication on 78.13 Acres of Land in the C-C and R-8 Zoning Districts; and Variance to UDC 11-
3H-4B.2 for Two Accesses via W. Chinden Blvd./SH 20-26, by Lynx/DMG Real Estate Partners,
LLC.
Case No(s). H-2017-0088
For the City Council Hearing Date of: January 15, 2019 (Findings on February 5, 2019)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of January 15, 2019, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of January 15, 2019, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of January 15,
2019, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of January 15, 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
Meridian City Council Meeting Agenda February 5, 2019 – Page 324 of 736
EXHIBIT B
Meridian City Council Meeting Agenda April 9, 2019 – Page 70 of 214
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0088 - 2 -
Community Development Department, the Public Works Department and any affected party
requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of January 15, 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, Preliminary Plat and Variance is hereby
approved with the requirement of a Development Agreement per the provisions in the Staff
Report for the hearing date of January 15, 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.
Meridian City Council Meeting Agenda February 5, 2019 – Page 325 of 736Meridian City Council Meeting Agenda April 9, 2019 – Page 71 of 214
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0088 - 3 -
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
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 15, 2019
Meridian City Council Meeting Agenda February 5, 2019 – Page 326 of 736Meridian City Council Meeting Agenda April 9, 2019 – Page 72 of 214
By action of the City Council at its regular meeting held on the day of
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 MILAM
MAYOR TAMMY de WEERD
TIE BREAKER)
Mayor
Attest:
C. Coles
City Clerk
eerd
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E IDIAN
IDAHO
SEAL
VOTED \ f
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VOTED `leo
VOTED A
VOTED _
VOTED
VOTED
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: CPa&x4-k)M Dated:
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0088 - 4 - Meridian City Council Meeting Agenda April 9, 2019 – Page 73 of 214
EXHIBIT A
STAFF REPORT
Hearing Date: January 15, 2019
(Continued from: December 18, 2018)
TO: Mayor & City Council
FROM: Sonya Allen, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Linder Village – AZ, PP, VAR (H-2017-0088)
Note: The Planning & Zoning Commission previously heard this application on August 3, September 7,
th
and October 19, 2017. At the public hearing on October 19, the Commission moved to recommend
denial of the subject AZ and PP requests to the City Council based on the original conceptual
development plan for the following reasons: 1) proposed site design/layout (i.e. lack of transition and
integration with adjacent residential properties); 2) lack of detail on the concept plan for the eastern and
southern portions of the annexation area (i.e. no pedestrian or vehicular connectivity with adjacent
residential neighborhood and no plan for a street connection between Linder Road and the east boundary
for future connection to N. Fox Run Way); 3) the proximity of higher intense commercial uses to single-
family residential uses; 4) 24-hour operation of the Winco store and impacts on adjacent residents; 5)
traffic; and 6) access – general consensus that the proposed development plan was not consistent with the
MU-C designation in the Comprehensive Plan.
City Council heard this application on November 21, 2017 and January 16, 2018. At the hearing on
th
January 16, the Council voted to remand the application back to the Commission for review of a revised
plan that includes a collector street connection from N. Linder Rd. to N. Fox Run Way for access to the
traffic signal and take into consideration comments from the hearing in regard to safety concerns
pertaining to the extension of N. Arliss Ave., the location of the Winco building, and 24-hour operation of
Winco.
The following is a new staff report based on the revised plans submitted by the Applicant in response to
Council’s decision at the hearing on January 16, 2018. A copy of the previous report for the City Council
hearing date of January 16, 2018 can be viewed at:
http://weblink.meridiancity.org/weblink8/0/doc/142347/Page1.aspx
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Lynx/DMG Real Estate Partners, LLC, has submitted an application for the following:
Annexation and zoning of 81.51 acres of land from the RUT zoning district in Ada County to
the C-C zoning district (63.8 acres) and the R-8 zoning district (17.71 acres) in the City;
Preliminary Plat consisting of 16 commercial building lots, 1 residential building lot, 2
common lots and 2 other lots for future right-of-way dedication on 78.13 acres of land in the
proposed C-C and R-8 zoning districts; and,
Variance to UDC 11-3H-4B.2 for two (2) accesses via W. Chinden Blvd./SH 20-26.
See Section IX of the staff report for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ and PP applications; and denial of the proposed VAR
Linder Village –AZ, PP, VAR H-2017-0088 PAGE 1
application in accord with the conditions of approval in Exhibit B and the Findings of Fact and
Conclusions of Law in Exhibit D. Note: The Variance request does not require action from the
Commission; the City Council is the decision making body on this application.
The Meridian Planning & Zoning Commission heard these items on November 15, 2018. At the
public hearing, the Commission moved to recommend approval of the subject AZ and PP
requests.
a. Summary of Commission Public Hearing:
i. In favor: Ken Howell, Lynx/DMG Development; Nick Eller; Jim Alexander; Chris
Williams; Keith Jones
ii. In opposition: David Eastman; Sally Reynolds representing Smart Growth for
Meridian; Andrea Carroll; Justin Carpenter
iii. Commenting: Mike McCreary; Joe Marshall; Michael Arnold; Frank Reynolds; Ruth
Shane; Wendy McKinney; David McKinney; John Ringert, Kittelson & Associates
iv. Written testimony: Many letters of testimony were received – see public record
v. Staff presenting application: Sonya Allen
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. Against 24 hour operation of Winco;
ii. Desire for traffic calming to be provided on N. Bergman Ave. (i.e. different road design
or a traffic circle so as not to create a thoroughfare for high school students and
residents);
iii. Break up the mid-anchor stores so they’re less of a “strip” development style and more
consistent with mixed–use community;
iv. Residential uses should be better integrated with commercial uses consistent with the
mixed use designation;
v. Public benefit of the widening of Chinden Blvd. with development;
vi. Appreciation for the loading docks being relocated to the west side of the Winco
building and other changes made to the site plan requested by the neighbors;
vii. Need for increased walkability of the site consistent with development in mixed-use
designated areas;
viii. Would like confirmation that a library is going into the development;
ix. Against access to the site through the residential neighborhood due to safety concerns
pertaining to high rates of speed of vehicles.
c. Key Issues of Discussion by Commission:
i. Changes to the site plan due to the location of the CFI;
ii. Reconfiguration of Bergman Ave. so it’s not a straight shot off of the collector street
into Paramount Subdivision;
iii. Possibility of limiting truck deliveries for Winco to daytime hours;
iv. Timing for widening Chinden/SH 20-26 and extent of project;
v. Traffic calming measures/reconfiguration of Bergman Ave. so that it’s not a straight
shot from the collector street into the residential neighborhood (i.e. Paramount
Subdivision);
vi. Would like to see a library or other civic related use or theatre provided within the
development.
vii. Desire for a resolution on the collector street connection to N. Fox Run Way and access
to the traffic signal at Chinden/Fox Run;
viii. The need for services in the northern portion of the City as proposed.
d. Commission Change(s) to Staff Recommendation:
i. Add a requirement for the Applicant to work with Brighton, the adjacent property
owner to the east, to finalize an agreement for a collector street connection to N. Fox.
Linder Village –AZ, PP, VAR H-2017-0088 PAGE 2
Run Way (see section 1 in Exhibit B). If an agreement can’t be reached, the project
should come back before the Commission for further review.
ii. Add a requirement for the Applicant to work with ACHD on the collector street
intersection with Linder Rd. where the signal is proposed and the firehouse access is
located; and traffic calming measures to slow traffic on Bergman Ave (see condition
#1.1p in Exhibit B).
iii. Add a requirement for some of the multi-story office live/work units south of Winco to
st
be constructed with the 1 phase of the development (see condition #1.1q).
e. Outstanding Issue(s) for City Council:
i. A letter was received from David Turnbull, Brighton Corporation, confirming Brighton
will work with ACHD on the alignment and ROW acquisition to facilitate construction
of the east/west collector street from the east property boundary through their property
to N. Fox Run Way; however, the purchase price of the ROW is yet to be determined.
Therefore, the agreement is not finalized as recommended by the Commission to occur
prior to Council hearing the application – the Council should determine if the project
should be remanded back to the Commission for further review in the absence of a
finalized agreement.
ii. Council approval of the accesses proposed via N. Linder Rd. and the east/west collector
street is required in accord with UDC 11-3A-3 which limits access to arterial and
collector streets.
iii. The Council should determine if the request for a variance for two (2) accesses to SH
20-26 meets the Findings listed in Exhibit D in order to be granted.
The Meridian City Council heard these items on January 15, 2019. At the public hearing, the
Council approved the subject AZ, PP and VAR requests.
a. Summary of City Council Public Hearing:
i. In favor: Ken Howell, Lynx/DMG Development; Craig Slocum, CSHQA; Roseanne
Hopfer; Jim Alexander; Nick Eller; Keith Jones
ii. In opposition: Michael Arnold; Wendy McKinney; Greg Reynolds; Sally Reynolds
representing the Paramount HOA; Drew Ebright; Alicia Muhlestein; Ann Huntington;
Andrea Carroll representing Protect Meridian; Jonathan Kahnoski; David Eastman;
Bruce Penske
iii. Commenting: Joe Marshall; Greg Brown, Russell Corporation; David McKinney; Tyler
Wilson; Denise LaFever; Tyrone Quist; John Ringert, Kittleson and Associates
iv. Written testimony: Many letters of testimony were received – see public record
v. Staff presenting application: Sonya Allen
vi. Other staff commenting on application: Lieutenant Harper; Caleb Hood
b. Key issue(s) of Public Testimony:
i. Concern pertaining to the safety of neighborhood children with cut-through traffic on
adjacent residential streets – against the extension of Bergman to the collector street;
ii. Against 24-hour operation of Winco and the generation of noise from deliveries during
night-time hours in close proximity to residential homes;
iii. Would like the Winco building to be re-located to the corner of Linder/SH 20-26 so that
its back is toward the intersection;
iv. Against the size of the Winco building (i.e. too big for MU-C designation);
v. Would like elevated architectural standards for the design of the Winco building;
vi. Opinion that the proposed access via SH 20-26 does not meet the Findings for a
variance and should not be approved;
vii. Against the site layout of the proposed development (i.e. strip design);
Linder Village –AZ, PP, VAR H-2017-0088 PAGE 3
viii. The need for traffic calming measures/roundabouts to be provided on the collector
street and on Bergman to slow traffic;
ix. In favor of the provision of services (i.e. grocery store, medical offices, retail stores, etc.)
in close proximity to residential uses
c. Key Issues of Discussion by Council:
i. The provision of a library or some other public/quasi-public use on the site;
ii. The agreement with Brighton for the provision of a collector street across their property
from the project’s east boundary to Fox Run Way;
iii. The consistency of design and materials of the Winco structure in relation to other
structures (i.e. retail stores) proposed on the site;
iv. The 24-hour operation of Winco and its impact on residential neighbors;
v. The Findings needed in order to grant a Variance for access via SH 20-26;
vi. The need for the development to have a vehicular connection to the adjacent residential
neighborhood so that residents don’t have to go out onto adjacent arterial streets and
the state highway to access the site.
d. Key Council Changes to Commission Recommendation
i. Strike Development Agreement (DA) provision #1.1q that requires some of the
live/work structures to be constructed in the first phase of development.
ii. The Applicant is required to submit revised conceptual elevations of the Winco building
prior to City Council approval of the DA that are more consistent in design and
materials with the concept retail store elevations. Council will review the revised
elevations prior to approval of the DA; if determined to be consistent, those elevations will
be included in the DA – if not, the DA will be pulled from the agenda and the elevations
further revised until determined to be acceptable by City Council. (Note: Administrative
Design Review of the structure is still required which may necessitate further changes per
the design standards in the Architectural Standards Manual.)
iii. Require traffic calming on N. Bergman Ave. and W. Bacall St. as allowed by ACHD and
the Fire Department (see DA provision #1.1p).
III. PROPOSED MOTION
Approval
After considering all staff, applicant, and public testimony, I move to approve File Number H-2017-
0088 as presented during the hearing on January 15, 2019, with the following modifications: (add any
proposed modifications).
Continuance
I move to continue File Number H-2017-0088 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0088,
as presented during the hearing on January 15, 2019, for the following reasons: (You should state
specific reasons for denial)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located at the southeast corner of N. Linder Road and W. Chinden Blvd. at 1225 W.
Chinden Blvd., in the NW ¼ of Section 25, Township 4N., Range 1W.
Parcel No.’s: S0425223011; S0425212480; S0425212420
B. Owner(s):
Linder Village –AZ, PP, VAR H-2017-0088 PAGE 4
Lynx Investments, LP
712 N. Troutner Way
Boise, ID 83712
CCPD, Inc.
P.O. Box 203
Pendleton, OR 97801
C. Applicant:
Lynx/DMG Real Estate Partners, LLC
2537 W. State St., Ste. 110
Boise, ID 83702
D. Representative:
Craig Slocum, CSHQA
200 Broad Street
Boise, Idaho 83702
E. Applicant’s Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject application is for annexation and zoning, preliminary plat and a variance. A public
hearing is required before the Planning & Zoning Commission and City Council on all of these
applications except for the variance, which only requires Council approval, consistent with
Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: October 26, 2018 (Commission); November 30, 2018
(City Council)
C. Radius notices mailed to properties within 300 feet on: October 24, 2018 (Commission);
November 26, 2018 (City Council)
D. Applicant posted notice on site(s) on: October 31, 2018 (Commission); December 7, 2018 (City
Council); December 20, 2018 (City Council)
E. Posted to Next Door: October 23, 2018 (Commission); November 27, 2018 (City Council);
December 20, 2018 (City Council)
VI. LAND USE
A. Existing Land Use(s) and Zoning: This site consists of undeveloped agricultural land, zoned RUT
in Ada County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Commercial (retail/restaurant/vehicle washing facility, fuel facility) and single-family
residential uses in Reynard Subdivision, zoned C-3 and MU-DA in Eagle
2. East: Single-family residential properties in Paramount Subdivision, zoned R-8; and
vacant/undeveloped property, zoned C-C
3. South: Single-family residential properties in Paramount Subdivision, zoned R-8; and
vacant/undeveloped property, zoned C-C
4. West: N. Linder Road; commercial property, zoned C-G and single-family residential uses in
Lochsa Falls Subdivision, zoned R-4
C. History of Previous Actions: None
Linder Village –AZ, PP, VAR H-2017-0088 PAGE 5
D. Utilities:
1. Public Works:
a. Location of sewer: Sanitary sewer mains intended to provide service to the subject site
currently exists at the current north terminus of N. Arliss Avenue and N. Bergman
Avenue.
b. Location of water: Water mains intended to provide service to the subject site currently
exist at the current north terminus of N. Arliss Avenue and N. Bergman Avenue, as well
as within N. Linder Road, and at the west terminus of W. Director Street.
c. Issues or concerns: The fire flow at the end of the proposed dead end water main on the
east is marginal, and creates a water quality concern. This main shall connect to existing
water main on Director St within the road alignment in the Future Residential area, or
within the collector roadway extension to Fox Run Way. Each phase of this development
will need to be modeled separately to ensure fire flows are adequate.
E. Physical Features:
1. Canals/Ditches Irrigation: The North Slough and the Simpson Lateral cross this site.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This site is not located in the Meridian Floodplain Overlay District.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
L AND U SE D ESIGNATION(S): Approximately 54 acres of the annexation area is designated on the
Future Land Use Map as Mixed Use – Community (MU-C) and the remaining 24+/- acres is
designated Medium Density Residential (MDR).
MU-C
MDR
MU-C: The purpose of the MU-C designation is to allocate areas where community-serving uses and
dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses,
including residential, and to avoid mainly single-use and strip commercial type buildings. Non-
residential buildings in these areas have a tendency to be larger than in Mixed Use – Neighborhood
areas, but not as large as in Mixed Use – Regional areas. Goods and services in these areas tend to be
of the variety that people will mainly travel by car to, but also walk or bike to (up to 3 or 4 miles).
Employment opportunities for those living in and around the neighborhood are encouraged.
Developments are encouraged to be designed according to the conceptual MU-C plan depicted below
Linder Village –AZ, PP, VAR H-2017-0088 PAGE 6
(Figure 3-3 in the Comprehensive Plan, pg. 27).
Developments should have a mix of at least 3 land use types \[i.e. commercial (includes retail,
restaurants, etc.), office, residential, civic (includes public open space, parks, entertainment venues,
etc.), and industrial\]; residential uses should comprise a minimum of 20% of the development area at
densities ranging from 6 to 15 units/acre; non-residential buildings should be proportional to and
blend in with adjacent residential buildings; vertically integrated structures are encouraged;
supportive and proportional public and/or quasi-public spaces and places including but not limited to
parks, plazas, outdoor gathering areas, open space, libraries, and schools that comprise a minimum of
5% of the development area are required.
MDR: The purpose of the MDR designation is to allow 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
(d.u./acre).
T RANSPORTATION: The Master Street Map (MSM) does not depict any collector streets planned
across this site. However, a collector street is proposed, as recommended by City and ACHD staff,
from Linder Rd. to N. Fox Run Way, which will serve as a backage road to SH 20-26 and provide
access to the signals SH 20-26 at those intersections.
As part of this development project, Chinden Blvd. is planned to be widened to 5 lanes from N.
Linder to N. Meridian Rd. in Phase 1 (2020) and ultimately to N. Locust Grove Rd. in Phase 2
(2021). ACHD plans to widen Linder Road from Cayuse Creek (1/4 mile south of this site) north to
Chinden in 2019.
P ROPOSED D EVELOPMENT: The applicant proposes to develop the site with a mix of uses consisting
of specialty retail and restaurants, fast/casual food and beverage, automotive/fuel sales, mixed
retail/health and medical, entertainment/soft goods, retail/civic (i.e. library), community grocery,
live/work retail, future office/retail and future residential development as shown on the Use Area Plan
included in Exhibit A.3.
Smaller building pads and buildings are proposed along the periphery of the development adjacent to
arterial streets with the larger anchor, mid-anchor and office buildings proposed internal to the site
adjacent to the future collector street and future residential development in a linear “strip”
Linder Village –AZ, PP, VAR H-2017-0088 PAGE 7
configuration. This site layout and configuration is not consistent with the concept MU-C plan
depicted above because the smaller commercial pads/buildings are fronting on the adjacent arterial
streets rather than the larger commercial buildings. Additionally, the linear “strip” configuration of
the large and mid-anchor buildings is not desired in MU-C areas. However, there is a large variety of
uses proposed within the development and although larger structures and the east/west drive-aisle are
depicted in a linear arrangement, they are broken up and separated by the plaza/esplanade area and
are not a continuous strip of buildings. Additionally, the proposed east/west collector street will assist
in providing a separation or a transition between the mixed use commercial and future residential
area. The truck maneuvering area and loading docks for Winco located on the west side of the
building facing Linder and Chinden away from the future residential area is also an improvement
from previous versions of the concept plan. Staff is generally in favor of the plan although it doesn’t
entirely comply with the design elements preferred in MU-C designated areas.
G OALS, O BJECTIVES, & A CTION I TEMS: Staff finds the following Comprehensive Plan policies to
be applicable to this application and apply to the proposed use of this property (staff analysis in
italics):
“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 southern 17+/- acre portion of the site is proposed to develop with single-family homes
although a specific development plan is not proposed at this time. Staff is unaware of how
“affordable” the units will be.
“Provide housing options close to employment and shopping centers.” (3.07.02D)
The single-family homes and living units proposed above office and retail uses (i.e. vertically
integrated) will provide housing options near employment and shopping uses proposed
within this development and across Chinden Blvd./SH 20-26 to the north (i.e. Fred Meyer and
other commercial uses).
“Protect existing residential properties from incompatible land use development on adjacent
parcels.” (3.06.01F)
There are existing single-family residential detached homes adjacent to the south and east
boundaries of this site in Paramount Subdivision. The proposed future residential
development along the southern boundary of this site should provide a buffer and transition
to the proposed commercial and office uses on this site and protect existing residential
properties.
“Plan for and encourage services like health care, daycare, grocery stores and recreational
areas to be built within walking distance of residential dwellings.” (2.01.01C)
The proposed grocery store will be within walking distance of residences in the nearby
vicinity as well as those proposed with this development. The proposed park will provide a
recreational area in close proximity to residential uses. The proposed library will also
provide a needed service in this area within walking distance of nearby residences.
“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)
City staff has been coordinating with both the applicant and the transportation authorities
(i.e. ACHD and ITD) on this project. See discussion above under Transportation.
Linder Village –AZ, PP, VAR H-2017-0088 PAGE 8
The City has policies limiting access points to arterial and collector streets and prohibits new
accesses to State highways. The proposed site plan shows two direct access points to SH 20-
26; (3) access points to Linder Road, an arterial street; and (6) access points to the future
collector street. Every additional access is a point of conflict that can impact roadway
functionality.
“Review new development for appropriate opportunities to connect local roads and collectors
to adjacent properties (stub streets).” (3.03.02O)
The proposed collector street will serve as a backage road along SH 20-26 and provide a
connection between Linder and Fox Run and the traffic signals at SH 20-26/Linder and SH
20-26/Fox Run. The (3) local streets that stub to the subject property from Paramount
Subdivision will be extended with development and (2) connections are proposed to the
collector street for improved circulation between the residential and future mixed use
development.
“Require pedestrian access connectors in all new development to link subdivisions
together to promote neighborhood connectivity as part of a community pathway system.”
(3.03.03B)
Pedestrian sidewalks/pathways are depicted on the site circulation plan included in Exhibit
A.3 throughout the development with connections from the perimeter sidewalks along Linder,
Chinden and the collector street between the residential and mixed use development.
“Identify transitional areas to buffer commercial and residential uses, to allow uses such as
offices and other low intensity uses.” (3.05.03A)
The proposed collector street, associated street buffer landscaping, library, multi-story
office/residential/retail and large office building will provide a transition from the future
residential development to more intense commercial uses.
“Coordinate with public works, police, and fire departments on proposed annexation
and development requests, and the impacts on services.” (3.04.01H)
Comments from these service providers are included in Exhibit B of this report.
“Plan for a variety of commercial and retail opportunities within the Area of City
Impact.” (3.05.01J)
The proposed development should offer a large variety of commercial and retail
opportunities for residents and commuters in the northern portion of the City.
“Minimize noise, odor, air pollution, and visual pollution in industrial and commercial
development adjacent to residential areas.” (3.06.01B)
The proposed site plan shows generous landscape buffers to buffer commercial from single-
family residential areas. However, the applicant is proposing a 24-hour use (i.e. Winco).
Staff has some concerns about hours of operation for the grocery store, although the
loading area is proposed on the west side of the building adjacent to Linder Road away
from the residences, which should reduce disturbances to neighbors.
“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)
This property is contiguous to land that has already been annexed into the City. Urban
services can be provided to this property upon development.
“Require neighborhood and community commercial areas to create a site design compatible
with surrounding uses (e.g., landscaping, fences, etc.). (3.05.02A)
Linder Village –AZ, PP, VAR H-2017-0088 PAGE 9
The concept plan depicts internal parking lot landscaping and street buffers along existing
streets (i.e. Linder and Chinden) and along the portion of the collector street that is proposed
to develop in the first phase (see Exhibit A.2).
“Evaluate comprehensive impact of growth in all land use decisions (e.g., traffic impacts,
school enrollment, parks, etc).” (3.01.01B)
Agency comments are included in Exhibit B of this report.
“Consider the adopted COMPASS regional long-range transportation plan in all land-use
decisions.” (3.03.02G)
See COMPASS’ comments in Exhibit B.
“Consider ACHD’s Master Street Map (MSM) in all land use decisions.” (3.03.04K)
As noted in 3.03.02O, the MSM does not show any new arterial or collector roadways in this
area. However, the proposed collector street as recommended and supported by Staff will
serve as a backage road along SH 20-26 and provide much needed access to the traffic
signals at Chinden/Linder and Chinden/Fox Run.
“Protect citizen investments in existing public facilities (water, sewer, streets, fire, police,
etc.) by encouraging controlled growth through development application reviews and
development agreements.” (3.04.01G)
The proposed project is surrounded by urban development and would be well served by the
City.
“Coordinate with transportation agencies to ensure provision of services and transit
development.” (6.02.02H)
A bus stop is depicted on the Circulation Plan in Exhibit A.4 along Linder Road just north of
the proposed collector street by Pad L; coordinate with VRT on the future location and
design.
In reviewing development applications, the following items will be considered in all Mixed Use
areas: (Staff’s analysis in italics)
• Residential densities should be a minimum of six dwellings/acre.
The density of the future residential development area should be a minimum of 6 units per
acre.
• Where feasible, higher density and/or multi-family residential development will be
encouraged, especially for projects with the potential to serve as employment destination
centers and when the project is adjacent to US 20/26, SH-55, SH-16 or SH-69.
Although still considered medium density, smaller lots (i.e. higher density) for single-family
detached and attached homes are proposed adjacent to existing single-family detached
(medium density) homes on larger lots in Paramount Subdivision to the south and east of this
site. The vertically integrated residential proposed within the mixed use portion of the site
will be higher density.
• A conceptual site plan for the entire mixed-use area should be included in the
application.
A concept site plan was submitted for the entire mixed-use area and is included in Exhibit
A.2.
Linder Village –AZ, PP, VAR H-2017-0088 PAGE 10
• In developments where multiple commercial and/or office buildings are proposed (not
residential), the buildings should be arranged to create some form of common, usable
area, such as a plaza or green space.
The concept plan depicts a plaza in the area where the markets and library are proposed as
well as an esplanade to the north around the 2-story live/work structures central to the
development.
• The site plan should depict a transitional use and/or landscaped buffering between
commercial and existing low- or medium-density residential development.
The proposed concept plan depicts (smaller lot) medium density residential development
adjacent to existing (larger lot) medium density residential uses to the south and east.
Densely landscaped street buffers with berms are proposed along the collector street which
separates the mixed use development from the future and existing residential development.
• A mixed-use project should include at least three types of land uses \[i.e. commercial
(includes retail, restaurants, etc.), office, residential, civic (includes public open space, parks,
entertainment venues, etc.), and industrial\]. Exceptions may be granted for smaller sites on a
case-by-case basis.
The proposed concept plan depicts commercial (retail/restaurants), office, residential
(vertically integrated live/work, single-family residential) and library uses in accord with this
requirement.
• Community-serving facilities such as hospitals, churches, schools, parks, daycares, civic
buildings, or public safety facilities are expected in larger mixed-use developments.
A library is proposed within this development in the central plaza area and a park is
proposed at the southwest corner of the site adjacent to the future residential development
area. Rocky Mountain High School, Paramount Elementary School, a fire station, and a
church exist to the south within a ¼ mile of this site. A City park exists approximately a mile
away to the west on Ten Mile Road.
• Supportive and proportional public and/or quasi-public spaces and places including but not
limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools are
expected; outdoor seating areas at restaurants do not count.
The concept plan depicts a plaza area by the library central to the development and a park on
the south side of the collector street adjacent to the future residential development.
• All mixed-use projects should be directly accessible to neighborhoods within the section by
both vehicles and pedestrians.
Three (3) stub streets exist to this site that are proposed to be extended with development for
interconnectivity between the residential and commercial development; this will enable
nearby residents to access the site without having to travel out onto Linder Rd. and/or
Chinden Blvd. which will decrease traffic on these roadways. Staff recommends N. Bergman
Ave. is extended to the collector street with the first phase of development.
• Street sections consistent with the Ada County Highway District Master Street Map are
required within the Unified Development Code.
The developer will be required to dedicate right-of-way along Linder Road and within the
site as required by ACHD; right-of-way along W. Chinden Blvd./SH 20-26 should be
dedicated and/or reserved for future dedication as required by ITD.
• Because of the existing small lots within Old Town, development is not subject to the Mixed-
Use standards listed herein.
Linder Village –AZ, PP, VAR H-2017-0088 PAGE 11
The proposed development is not within Old Town.
In reviewing development applications, the following items will be considered in MU-C areas:
• Development should comply with the general guidelines for development in all Mixed-Use
areas.
See above.
• All developments should have a mix of at least three land use types.
The concept plan depicts commercial, residential, office and civic uses.
• Residential uses should comprise a minimum of 20% of the development area at densities
ranging from 6 to 15 units/acre.
Residential uses are proposed for approximately 20% of the development area; development
within the future residential area should reflect a residential gross density of at least 6
units per acre.
• Non-residential buildings should be proportional to and blend in with adjacent residential
buildings.
The elevations submitted by the Applicant for the future residential area are 2 stories in
height which should be proportional to the adjacent future commercial structures; the street
buffer landscaping along both sides of the collector street should also assist in buffering the
residential from the commercial area. The elevations submitted with future Certificate of
Zoning Compliance applications for the commercial structures should be proportional to
and blend in with the design of the future adjacent residential buildings.
• Vertically integrated structures are encouraged.
Four (4) 2-story vertically integrated (residential/office) structures are proposed near the
plaza and library; and (2) vertically integrated (office/residential/retail) structures are
proposed across from the park area on the concept plan.
• Unless a structure contains a mix of both residential and office, or residential and commercial
land uses, maximum building size should be limited to a 30,000 square-foot building
footprint. For community grocery stores, the maximum building size should be limited to a
60,000-square foot building footprint. For the development of public school sites, the
maximum building size does not apply.
The Mid-Anchor 3 and future office building depicted on the concept plan both exceed the
maximum 30,000 square foot at 40,000+/- and 50,000+/- square feet respectively. The
community grocery store is 80,200 square feet (s.f.), which exceeds the 60,000 s.f. limitation
by 20,200 s.f.
Additional public and quasi-public uses are provided in excess of the minimum 5%
commensurate with the increase in building size proposed as shown on the Open Space Plan
included in Exhibit A.8. Staff is of the opinion that the additional 5+/- acres of open space
provided above the minimum requirements is sufficient to allow the additional square footage
of the buildings.
• Supportive and proportional public and/or quasi-public spaces and places including but not
limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools that
comprise a minimum of 5% of the development area are required. Outdoor seating areas at
restaurants do not count towards this requirement.
Linder Village –AZ, PP, VAR H-2017-0088 PAGE 12
The concept plan depicts a library, a public plaza in front of the library and market
buildings, an esplanade to the north where the live/work units are proposed, a park and open
space area with a walking path adjacent to the future residential development, common area
adjacent to the multi-story office/residential/retail and other public spaces in accord with this
requirement.
• Where the development proposes public and quasi-public uses to support the development
above the minimum 5%, the developer may be eligible for additional residential densities
and/or an increase to the maximum building footprint.
Because the building footprint for the community grocery store exceeds the 60,000 s.f.
limitation in the MU-C designated area, additional public and quasi-public uses above the
minimum 5% are proposed commensurate with the proposed increase in building size.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zoning District(s):
1. The purpose of the residential districts is to provide for a range of housing opportunities
consistent with the Meridian comprehensive plan. Residential districts are distinguished by
the dimensional standards of the corresponding zone and housing types that can be
accommodated (UDC 11-2A-1).
2. The purpose of the commercial districts is to provide for the retail and service needs of the
community in accordance with the Meridian comprehensive plan. Six (6) districts are
designated which differ in the size and scale of commercial structures accommodated in the
district, the scale and mix of allowed commercial uses, and the location of the district in
proximity to streets and highways (UDC 11-2B-1).
Allowed uses in the C-C district are larger scale and broader mix of retail, office, and service
uses and are usually located with access to arterials or nonresidential collectors.
B. Schedule of Use:
1. UDC Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and
prohibited (-) uses in the R-8 zoning district. Any use not explicitly listed is prohibited.
Single-family dwellings are listed as a principal permitted use in the R-8 district.
2. UDC Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and
prohibited (-) uses in the C-C zoning district. Any use not explicitly listed is prohibited.
Retail, restaurant, professional service (i.e. office), healthcare services, fuel sales facility,
civic (i.e. library) and vertically integrated residential projects are all listed as principal
permitted uses in the C-C district.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Table 11-2A-6 for the R-8 zoning district; and 11-2B-3 for the C-C
zoning district.
D. Landscaping: Landscaping is required within street buffers in accord with the standards listed in
UDC 11-3B-7C. (Landscaping within parking lots is required in accord with the standards listed
in UDC 11-3B-8C but is not required or reviewed with this application.)
E. Off-Street Parking: NA (not required or reviewed with the subject application)
IX. ANALYSIS
Analysis of Facts Leading to Staff Recommendation:
Linder Village –AZ, PP, VAR H-2017-0088 PAGE 13
A. Annexation & Zoning (AZ):
The applicant requests approval to annex & zone 81.51 acres of land from the RUT zoning
district in Ada County to the C-C zoning district (63.8 acres) and the R-8 zoning district (17.71
acres) in the City. The proposed zoning is consistent with the FLUM designations of MU-C
and MDR for this site. Note: T he proposed residential area is approximately 7 acres less
than depicted on the FLUM for the MDR designated area.
Conceptual Development Plan: The applicant submitted a conceptual development plan that
depicts a mix of retail, office, civic and residential uses consisting of (9) commercial pads, (2)
restaurant pads, and a fuel station along the periphery of the development adjacent to Chinden
and Linder; (4) 2-story live/work (i.e. residential/office) buildings, a library and (2) market
buildings along the central north/south entry corridor via Chinden within a plaza; (2) multi-story
office/residential/retail buildings along the collector street; (1) anchor (i.e. Winco) and a mid-
anchor to the west of the central north/south corridor; (3) mid-anchors to the east of the
north/south central corridor; future office/retail development planned at the northeast corner of
the site; a park and future single-family residential development on the south side of the collector
street; and pedestrian walkways throughout the development providing interconnectivity between
the residential and commercial portions of the site. Staff recommends traffic calming (i.e.
chokers/bulb-outs, speed humps, etc.) is provided in front of the plaza area in an effort to
slow traffic for pedestrian safety.
The concept plan accounts for ITD’s CFI/right-of-way needs with a white dashed line at the
southeast corner of Linder/Chinden as shown below; however, improvements (i.e. multiple
parking spaces and the drive aisle around the front of Building #2) are shown within that
area that will be eliminated with construction of the CFI.
Landscaping within the street buffer along Chinden is also inaccurately represented on the
site plan based on ITD’s TIS Acceptance letter and the STAR agreement that Linder
Village/ITD/ACHD are currently working on. The development is required to build the full
US 20/26 corridor plan on the south side of Chinden. This means that edge of pavement will
be constructed to essentially the first dashed line (see below). Sidewalk, utilities and
drainage will reside within the 30 foot easement. The right-in/ right-out approach and the
approach at Bergman Way all need to be moved further south to better reflect actual
location in relation to the site.
Linder Village –AZ, PP, VAR H-2017-0088 PAGE 14
The arrows on the Bergman Way approach misrepresent the allowed turning movements
when constructed. Bergman is limited to unsignalized right-in, right-out, left-in movements.
Through movements from north to south on Bergman Way will not be allowed.
The concept plan should be revised prior to the City Council hearing to reflect the above-
noted discrepancies. The multi-use pathway along Linder Rd. should also be widened to 10 feet
and traffic calming in front of the plaza should be added.
The truck receiving area for the Winco store is depicted on the west side of the building facing
Linder Road with the loading docks facing north toward Chinden Blvd. away from the residential
uses to the south and are proposed to be screened by a masonry wall.
The future medium density residential development (attached and detached homes) planned on
the south side of the collector street will assist in providing a transition to larger single-family
residential lots to the south and east in Paramount Subdivision; and the collector street will
provide a separation and boundary between the future residential and commercial development.
The legal description submitted with the application, included in Exhibit C, shows the boundaries
of the property proposed to be annexed and zoned. The property is contiguous to land that has
been annexed into the City and is within the Area of City Impact boundary.
The City may require a development agreement (DA) in conjunction with an annexation pursuant
to Idaho Code section 67-6511A. To ensure the site develops as proposed and recommended
by staff with this application and in accord with the Comprehensive Plan, staff recommends
a DA is required with the annexation containing the provisions included in Exhibit B.
B. Preliminary Plat (PP):
The applicant proposes a preliminary plat consisting of 16 commercial building lots, 1 residential
building lot, 2 common lots and 2 other lots for future right-of-way dedication on 78.13 acres of
land in the proposed C-C and R-8 zoning districts.
The residential lot (Lot 3 on the south side of the collector street) is included in the plat as one
large lot and will be developed in the future under a subsequent preliminary plat as will the future
office/retail development on the eastern portion of the site depicted as Lots 12 and 13. Note:
Block numbers should be included on the plat.
Linder Village –AZ, PP, VAR H-2017-0088 PAGE 15
Phasing Plan: A phasing plan was submitted for the proposed development, included in Exhibit
A.6. Staff recommends the following improvements are completed with the first phase: 1) N.
Bergman Ave. is extended to the east/west collector street; 2) install the entire 20-foot wide street
buffer on both sides of the east/west collector street; and 3) complete the extension of the
east/west collector street to N. Fox Run Way. The phasing plan should be revised accordingly.
Existing Structures: There are no existing structures on this site.
Dimensional Standards: The proposed plat and subsequent development is required to comply
with the dimensional standards listed in UDC Table 11-2B-3 for the C-C zoning district and UDC
Table 11-2A-6 for the R-8 zoning district. All of the proposed lots comply with the minimum
standards. Note: There is no minimum front, rear or interior side setbacks required in the C-C
district; however, required street landscape buffers act as a setback where applicable as building
encroachment within buffers is not allowed.
Traffic Impact Study (TIS): An updated TIS was submitted to ITD and ACHD for review based
on the revised concept site plan for the Phase 1 development area. Staff has not yet received an
updated staff report from ACHD. ITD’s letter is included in Exhibit B, Section 12. As part of this
development, SH 20-26 will be widened to 5 lanes from N. Linder Rd. to N. Locust Grove Rd. as
deemed necessary in the TIS.
The TIS does not contain analysis on the future residential and office/retail development
area. Prior to any development in that area, a revised TIS will need to be submitted to ITD
for review as the land use(s) in these areas may trip the need for a CFI at Linder/Chinden
sooner than anticipated. The revised TIS did include this information.
Access: Access to streets is required to comply with the standards listed in UDC 11-3A-3 and 11-
3H-4.
Access is proposed as follows: (2) accesses are proposed via W. Chinden Blvd./SH 20-26 – (1)
right-in/right-out 1,090+/- feet east of the Linder/Chinden Blvd. intersection and (1) full-access in
alignment with Bergman Way on the north side of Chinden; and (3) accesses via N. Linder Rd. –
(1) right-in/right-out nearest the Linder Rd./Chinden intersection and (2) full accesses further to
the south. The southernmost access via Linder is a collector street that stubs to the east property
boundary that will eventually provide access from Linder to N. Fox Run Way and the signal at
Chinden/Fox Run; a signal is proposed at the Linder/collector street intersection which is not
supported by the Fire Department (see comments Exhibit B, Section 4). Three (3) stub streets (i.e.
N. Arliss Ave.; N. Bergman Ave., and W. Director Street) exist at the south and east boundaries
of the site to the future residential area that will be extended with development; (2) accesses are
proposed from the residential area to the collector street which will provide internal access to the
mixed use development from the adjacent residential area without residents having to go out onto
Linder and Chinden.
The Ada County Highway District (ACHD) has jurisdiction of access via N. Linder Rd.; and the
Idaho Transportation Department (ITD) has jurisdiction of access via W. Chinden Blvd./SH 20-
26. The UDC (11-3A-3) limits access points to collector and arterial streets to improve safety and
ensure motorists can safely enter all streets. The UDC (11-3H-4B.2a) prohibits new approaches
directly accessing a state highway (i.e. SH 20-26); the Applicant requests Council approval of a
Variance for access to SH 20-26 as proposed.
The Idaho Transportation Department (ITD) submitted comments on this application based on the
revised concept plan, included in the project file, in regard to access via Chinden Blvd./SH 20-26.
The comments state: 1) ITD accepts the right-in/right-out access proposed via SH 20-26 nearest
the Linder/SH 20-26 intersection with an eastbound right turn deceleration lane; 2) ITD accepts a
right-in/right-out/left-in approach via SH 20-26 with right turn deceleration lanes for eastbound
and westbound SH 20-26. If right-of-way cannot be obtained from the adjacent property owner to
Linder Village –AZ, PP, VAR H-2017-0088 PAGE 16
the east (i.e. Brighton Corp.), ITD will assume its original position of allowing a signal at
Bergman Way. ITD will allow a future dedicated left-in signal at Bergman Way for southbound
turning traffic in association with the future continuous flow intersection (CFI) at Linder Rd. This
left-in signal will be a slave to the CFI signal; 3) Improvements are required at the SH 20-26/Fox
Run intersection as identified in the TIS; 4) SH 20-26 will be widened to a 5 lane section between
Linder and Meridian Roads as proposed in the TIS; 5) Improvements are required at the SH 20-
26/Linder Rd. intersection; and, 6) Improvements are required at the SH 20-26/Meridian Rd.
intersection.
The Applicant has requested consideration to enter into a STAR agreement with ITD and ACHD
to implement the aforementioned improvements along with the additional improvements required
by ACHD, which are required to be complete prior to issuance of any Certificate of Occupancy
within the proposed development. ITD and ACHD are working with the Applicant to document
the terms of the agreement. The Developer is required to meet certain milestone deadlines in
order for ITD to move forward with the STAR agreement. Final approval of the proposed
accesses via SH 20-26 will be determined once all documentation has been provided and the
permit is signed. (See the entire ITD letter at:
http://weblink.meridiancity.org/weblink8/0/doc/157968/Page1.aspx.
Access is required to be taken from a local street when available per UDC 11-3A-3. There are 3
local streets (i.e. N. Arliss Ave., N. Bergman Ave., and W. Director St.) stubbed to this site;
however, the portion of the site that abuts these streets is not being developed with the first phase.
In order for adjacent residential neighbors to access the commercial portion of the site
without having to go out onto Linder and/or Chinden Blvd./SH 20-26, Staff recommends N.
Bergman Ave. is extended to the collector street with the first phase of development.
The intent of the UDC (11-3A-3) is to limit access points to arterial and collector streets; a
Council waiver is required for the proposed accesses via N. Linder Road and the east/west
collector street. The UDC (11-3H-4B.2) prohibits new accesses via SH 20-26 and requires
access to a street other than the state highway; the applicant has requested City Council
approval of a variance for the (2) accesses proposed via SH 20-26 as depicted on the concept
plan.
A cross-access/ingress-egress easement and driveway is required to be provided to the
property to the south (Parcel #S0425233701, 5960 N. Linder Rd.) in accord with UDC 11-
3A-3A in an effort to decrease access points to the arterial street (i.e. Linder Rd.); the
developer should work with that property owner to align the driveway/easement with the
backage road proposed on that site and with ACHD to ensure the access is set back a
sufficient distance from the Linder/collector street intersection. Cross-access/ingress-egress
easements should also be provided between all lots within the subdivision.
Landscaping: Street buffer landscaping along N. Linder Rd., W. Chinden Blvd./SH 20-26 and
the east/west collector street is required to be provided with development per UDC Tables 11-2A-
6 and 11-2B-3 in accord with the standards listed in UDC 11-3B-7C. A 35-foot wide street buffer
is required along W. Chinden Blvd./SH 20-26 and along N. Linder Road, both entryway
corridors, and a 20-foot wide buffer is required along the collector street. Staff recommends the
entire street buffer and detached pathway/sidewalk along N. Linder Road, W. Chinden
Blvd./SH 20-26 and along both sides of the street east/west collector street is constructed
with the first phase of development.
Open Space: A minimum of 10% (or 1.77 acres) of the area of the residential portion of the site
(17.71 acres) is required to consist of qualified open space in accord with the standards listed in
UDC 11-3G-3B. A future preliminary plat for that area should include qualified open space in
accord with this requirement.
Linder Village –AZ, PP, VAR H-2017-0088 PAGE 17
Site Amenities: A minimum of one qualified site amenity that meets the requirements listed in
UDC 11-3G-3C is required to be provided within the residential portion of this site upon
development. The concept site plan depicts a swimming pool and clubhouse as amenities.
Pathways: The Pathways Master Plan depicts a 10-foot wide multi-use pathway (Eagle Island)
along the frontage of this site on N. Linder Road. The pathway is required to be placed in a 14-
foot wide public pedestrian easement. The applicant should coordinate with Kim Warren, Park’s
Department Pathways Project Manager (208-888-3579), regarding specifications for the pathway.
The UDC (11-3H-4C.4) requires a 10-foot wide multi-use pathway within a public use easement
along W. Chinden Blvd./SH 20-26.
A 10-foot wide multi-use pathway is also proposed along the east and south perimeter boundaries
of the site with internal sidewalks/pathways proposed throughout the development with
connections to the multi-use pathways along Linder and Chinden, the sidewalks along the future
collector street, to the adjacent properties to the south and east, and to the future development
area as shown on the circulation plan included in Exhibit A.3. Staff recommends a sidewalk is
provided along the east side of the driveway through Lot 1 to the parcel (#S0425233701,
5960 N. Linder Rd.) to the south for pedestrian interconnectivity.
Sidewalks: Sidewalks are required to be provided with development in accord with the standards
listed in UDC 11-3A-17. Detached sidewalks are required along N. Linder Rd., W. Chinden
Blvd./SH 20-26, both arterial streets, and along the east/west collector street.
Waterways: The North Slough and the Simpson Lateral cross this site. These waterways will
require piping (if not already piped) for development of the site to occur as proposed.
Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-7. The
proposed plans do not depict fencing on the site.
Utilities: Street lights are required to be installed along public streets adjacent to the
development in accord with the City’s adopted standards, specifications and ordinances. All
development is required to connect to the City water and sewer system unless otherwise approved
by the City Engineer in accord with UDC 11-3A-21. Adequate fire protection shall be required in
accord with the appropriate fire district standards.
Pressurized Irrigation: An underground pressurized irrigation system is required to be provided
for the development in accord with UDC 11-3A-15 as proposed and will be served by the Nampa
& Meridian Irrigation district.
Storm Drainage: An adequate storm drainage system is required in all developments in accord
with the City’s adopted standards, specifications, and ordinances, per UDC 11-3A-18.
Hours of Operation: Business hours of operation in the C-C zoning district are limited from
6:00 am to 11:00 pm when the property abuts a residential use or district; extended hours of
operation may be requested through a conditional use permit as set forth in UDC 11-2B-3A.4.
The grocery store (i.e. Winco) is proposed to operate 24 hours/day. The property as-is without
being subdivided, currently abuts residential use and zoning at the south boundary of the site.
However, when the property is subdivided as proposed, it will not abut a residential district or
use; therefore, hours of operation shouldn’t be restricted. Because this is an annexation,
provisions above and beyond UDC standards may be implemented through the development
agreement if deemed appropriate by the City Council.
Building Elevations: Conceptual building elevations were submitted for the main anchor
(Winco), the mid-anchors and the retail shops as shown in Exhibit A.6. Building materials consist
primarily of stucco, with smooth and split face CMU, metal panel siding and stone and brick
veneer accents. As noted above in Section VII, non-residential buildings should be
Linder Village –AZ, PP, VAR H-2017-0088 PAGE 18
proportional to and blend in with adjacent residential buildings; future building elevations
submitted for design review should demonstrate compliance with this requirement.
All structures except single-family detached are required to comply with the design standards
listed in UDC 11-3A-19 and the Architectural Standards Manual. Single-family detached
residential structures are exempt from design review.
Certificate of Zoning Compliance (CZC): The applicant is required to submit a CZC
application for approval of the proposed use, site layout and building elevations from the
Planning Division prior to submittal of a building permit application.
Design Review: The applicant is required to submit a Design Review application concurrent with
the CZC application for final approval of the site layout and building elevations. The proposed
site layout and structures are required to comply with the design standards listed in UDC 11-3A-
19 and the Architectural Standards Manual.
C. Variance (VAR): The applicant requests a variance to UDC 11-3H-4B.2, which prohibits new
approaches directly accessing a state highway (i.e. SH 20/26). The applicant requests approval of
(2) accesses via SH 20/26 as shown on the concept site plan included in Exhibit A.2.
When a change or increase in intensity of use is proposed, the UDC requires the owner to develop
or otherwise acquire access to a street other than the state highway. The use of any existing
approaches is required to be abandoned and removed. Public street connections are only allowed
at the section line roads; and the half mile mark between section line roads, and shall be collector
roads.
The letter from ITD included in Exhibit B, Section 12, in regard to the proposed access states ITD
accepts the right-in/right-out access proposed via SH 20-26 nearest the Linder/SH 20-26
intersection with an eastbound right turn deceleration lane; and a right-in/right-out/left-in
approach via SH 20-26 with right turn deceleration lanes for eastbound and westbound SH 20-26.
Final approval of the proposed accesses via SH 20-26 will be determined once all documentation
has been provided and the permit is signed.
ITD has the authority to grant access from a state highway to a site; the City has the authority to
grant access from a site to the state highway. Although ITD may approve the proposed accesses
via SH 20-26, approval from the City is still needed and the UDC prohibits access via SH 20-26
unless a variance is approved by City Council.
The UDC (11-5B-4) allows requests for a variance for the placement and/or number of access
points to state highways. In order to grant a variance, the Council is required to make 3 findings
as follows (included in Exhibit D):
1) The variance can’t grant a right or special privilege that isn’t otherwise allowed in the
district;
2) The variance relieves an undue hardship because of characteristics of the site; and
3) The variance can’t be detrimental to the public health, safety, and welfare.
Because staff can’t make all of the required findings listed in Exhibit D, staff is recommending
denial of the proposed variance application.
In summary, Staff recommends approval of the proposed AZ application with the requirement of
a development agreement that includes the provisions listed in Exhibit B; approval of the PP
application with the conditions contained in Exhibit B, and denial of the VAR application in
accord with the Findings in Exhibit D.
Linder Village –AZ, PP, VAR H-2017-0088 PAGE 19
X. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
2. Conceptual Development Plan (dated: 10/8/18 12/13/2018)
3. Use Area Plan (dated: 10/8/18)
4. Site Circulation Plan (dated: 10/8/18)
5. Preliminary Plat (dated: 1/4/18)
6. Phasing Plan (dated: 10/25/18)
7. Landscape Plan (dated: 1/4/18)
8. Open Space Plan (dated: 10/8/18 1/14/2019)
9. Proposed Conceptual Building Elevations
B. Agency & Department Comments & Conditions
C. Legal Description & Exhibit Map for Annexation & Zoning Boundary
D. Required Findings from Unified Development Code
Linder Village –AZ, PP, VAR H-2017-0088 PAGE 20
A. Drawings/Other
Exhibit A.1: Zoning Map
Exhibit A Page 1
Exhibit A.2: Conceptual Development Plan (dated: 10/8/18 12/13/2018)
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Exhibit A.3: Use Area Plan (dated: 10/8/18)
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Exhibit A.4: Site Circulation Plan (dated: 10/8/18)
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Exhibit A.5: Preliminary Plat (dated: 1/4/18)
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Exhibit A.6: Phasing Plan (dated: 10/25/18)
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Exhibit A.7: Proposed Landscape Plan (dated: 1/4/18)
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Exhibit A.8: Open Space Plan (dated: 10/8/18 1/14/2019)
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Exhibit A.9: Proposed Conceptual Building Elevations (dated: 9/20/2016 & 1/4/18)
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- 10 -
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WINCO ELEVATIONS NOT APPROVED
(REVISED CONCEPT ELEVATIONS WILL BE INCLUDED IN THE DEVELOPMENT AGREEMENT)
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B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS
1. P LANNING D EPARTMENT
The concept site plan included in Exhibit A.2 shall be revised per Staff’s comments and
recommendations in Section IX.A of the staff report prior to the City Council hearing.
The Applicant shall work with Brighton, the adjacent property owner to the east, to finalize
an agreement for a collector street connection to N. Fox Run Way prior to the City Council
meeting. If an agreement can’t be reached, the project shall go back before the Commission
for further review.
1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior
to the annexation ordinance approval, a DA shall be entered into between the City of Meridian,
the property owner(s) at the time of annexation ordinance adoption, and the developer.
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 annexation. The DA shall,
at minimum, incorporate the following provisions:
a. Future development of this site shall substantially comply with the concept site plan, use area
plan, circulation plan, open space plan, phasing plan, preliminary plat, landscape plan and
conceptual building elevations included in Exhibit A and the conditions contained herein.
b. Future development shall comply with the design standards listed in UDC 11-3A-19 and the
City of Meridian Architectural Standards Manual.
c. One building permit is allowed to be issued on the subject property prior to recordation of the
subdivision.
d. Non-residential buildings should be proportional to and blend in with adjacent future
residential buildings in accord with the Comprehensive Plan for mixed use community
designated areas.
e. Provide an ADA bus stop on the site as proposed; work with Valley Ride Transportation
(VRT) to coordinate the details. If VRT determines a bus stop is not needed at this location,
the applicant should submit written documentation as such from VRT.
f. A minimum of three (3) land use types are required to be provided within this development
\[i.e. commercial (includes retail, restaurants, etc.), office, residential, civic (includes public
open space, parks, entertainment venues, etc.), and industrial\].
g. Provide a detached 10-foot wide multi-use pathway (Eagle Island segment) within the street
buffer along N. Linder Road in accord with the Pathways Master Plan. A 14-foot wide public
pedestrian easement for the pathway is required to be submitted to the Planning Division,
approved by City Council and recorded. The applicant shall coordinate with Kim Warren,
Park’s Department Pathways Project Manager (208-888-3579), regarding specifications for
the pathway. If the pathway is covered under ACHD’s pedestrian easement, a separate
easement is not required by the City.
h. Provide a detached 10-foot wide multi-use pathway within the street buffer along W. Chinden
Blvd./SH 20-26 as set forth in UDC 11-3H-4C.4. A 14-foot wide public pedestrian easement
is required to be submitted to the Planning Division, approved by City Council and recorded
for the pathway. If the pathway is covered under ACHD’s pedestrian easement, a separate
easement is not required by the City.
i. All of the existing stub streets (N. Arliss Ave., N. Bergman Ave. and W. Director Street)
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shall be extended with this development as originally intended for interconnectivity. Bergman
Ave. shall be extended with the first phase of development for interconnectivity between the
commercial development and residential neighborhood.
j. The street buffer landscaping and 10-foot wide multi-use pathways along the entire frontage
of N. Linder Road and SH 20-26/Chinden Blvd. shall be constructed with the first phase of
development.
k. A minimum gross density of 6 units per acre shall be provided within the future residential
development area depicted on the concept site plan.
l. The Developer shall complete all improvements required by ITD and ACHD associated with this
development within the timeframe required by those agencies in accord with the STARS
agreement and consistent the Traffic Impact Study prior to issuance of the first Certificate of
Occupancy within this development.
m. Provide traffic calming (i.e. chokers/bulb-outs, speed humps, etc.) in front of the plaza area in an
effort to slow traffic for pedestrian safety.
n. At a minimum, a swimming pool and clubhouse shall be provided in the future residential
development; 10-foot wide pedestrian pathways shall be provided around the perimeter of the
overall development; pedestrian pathways shall be provided internally within the development as
depicted on the concept plan; and an entry feature shall be provided at the Linder/SH 20-26
intersection as amenities.
o. Prior to any development occurring in the future residential and office/retail area shown on the
concept site plan, a revised Traffic Impact Study (TIS) shall be submitted to ITD and ACHD for
review. Any new requirements based on the revised TIS shall be considered. The TIS did include
analysis on the future development area so a revised TIS is not needed.
p. The Applicant shall work with ACHD on the collector street intersection with Linder Rd.
where the signal is proposed and the firehouse access is located; and traffic calming
measures to slow traffic on Bergman Ave. and W. Bacall St. as allowed by ACHD and the
Fire Department.
q. Some of the multi-story office live/work spaces south of Winco shall be constructed with the
first phase of development.
1.2 Site Specific Conditions – Preliminary Plat
1.2.1 The preliminary plat included in Exhibit A.5, dated 1/4/18, shall be revised as follows:
a. Include a note granting a blanket cross-access/ingress-egress easement between all lots within
the subdivision.
b. Include block numbers on the face of the plat.
c. Include a street name for the east/west collector street.
d. Revise the plat per the changes required to the concept site plan.
1.2.2 The landscape plan included in Exhibit A.7, dated 1/4/18, shall be revised as follows:
a. Depict a sidewalk along the east side of the driveway through Lot 1 to the parcel
(#S0425233701, 5960 N. Linder Rd.) to the south for pedestrian interconnectivity.
b. Revise the plan per the changes required to the concept site plan.
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1.2.3 The entire street buffer and detached pathway/sidewalk along N. Linder Road, W. Chinden
Blvd./SH 20-26 and both sides of the east/west collector street shall be constructed with the first
phase of development.
1.2.4 Provide a cross-access/ingress-egress easement to the property to the south (Parcel
#S0425233701, 5960 N. Linder Rd.) in accord with UDC 11-3A-3A; the developer shall work
with that property owner to align the driveway/easement with the backage road proposed on that
site – submit a copy of the recorded easement to the Planning Division with the final plat
application.
1.2.5 North Bergman Ave. shall be extended to the collector street with the first phase of development.
1.2.6 All fencing shall comply with the standards listed in UDC 11-3A-7.
1.3 General Conditions of Approval – Preliminary Plat
1.3.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC
Chapter 2 District regulations.
1.3.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
1.3.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11.
1.3.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-
15, UDC 11-3B-6 and MCC 9-1-28.
1.3.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.3.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J.
1.3.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3B-5I,
11-3B-8C, and Chapter 3 Article C.
1.3.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-
7C (streets).
1.3.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-
11C.
1.3.10 Protect any existing trees on the subject property that are greater than four-inch caliper and/or
mitigate for the loss of such trees as set forth in UDC 11-3B-10.
1.3.11 Provide bicycle parking spaces as set forth in UDC 11-3C-6G consistent with the design
standards as set forth in UDC 11-3C-5C.
1.3.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12.
1.3.13 Construct all required landscape areas used for storm water integration consistent with the
standards as set forth in UDC 11-3B-11C.
1.3.14 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the
guidelines set forth in the City of Meridian Standards Manual.
1.3.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
1.3.16 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site.
1.3.17 All fencing constructed on the site shall comply with the standards as set forth in UDC 11-3A-7
and 11-3A-6B as applicable.
1.4 Ongoing Conditions of Approval – Preliminary Plat
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1.4.1 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
1.5 Process Conditions of Approval – Preliminary Plat
1.5.1 No signs are approved with this application. Prior to installing any signs on the property, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
1.5.2 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design
Review application from the Planning Division, prior to submittal of any building permit
application.
2. P UBLIC W ORKS D EPARTMENT
2.1 Site Specific Conditions of Approval
2.1.1 Sanitary sewer mains intended to provide service to the subject site currently exists at the current
north terminus of N. Arliss Avenue and N. Bergman Avenue. Applicant shall be responsible for
the extension of these mainlines through the project.
2.1.2 Water mains intended to provide service to the subject site currently exist at the current north
terminus of N. Arliss Avenue and N. Bergman Avenue, as well as within N. Linder Road, and at
the west terminus of W. Director Street. Applicant shall be responsible for the extension of these
mainlines through the project. The fire flow at the end of the proposed dead end water main on
the east is marginal, and creates a water quality concern. This main shall connect to existing water
main on Director St within the road alignment in the Future Residential area, or within the
collector roadway extension to Fox Run Way. Each phase of this development will need to be
modeled separately to ensure fire flows are adequate.
2.1.3 A street light plan will need to be included in the final plat and/or building permit application.
Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street
Lighting. A copy of the standards can be found at
http://www.meridiancity.org/public_works.aspx?id=272
2.2 General Conditions of Approval
2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to provide
service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover
from top of pipe to sub-grade is less than three feet than alternate materials shall be used in
conformance of City of Meridian Public Works Departments Standard Specifications.
2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20-feet wide for a
single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but
rather dedicated outside the plat process using the City of Meridian’s standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for
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review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document. All easements must be
submitted, reviewed, and approved prior to development plan approval.
2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, a single-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
prior to receiving development plan approval.
2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and
possible reassignment of street addressing to be in compliance with MCC.
2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC
11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any
other applicable law or regulation.
2.2.7 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,
road base approved by the Ada County Highway District and the Final Plat for this subdivision
shall be recorded, prior to applying for building permits.
2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, etc., prior to signature on the final plat.
2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy
of the structures. Where approved by the City Engineer, an owner may post a performance surety
for such improvements in order to obtain City Engineer signature on the final plat as set forth in
UDC 11-5C-3B.
2.2.12 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
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2.2.18 The design engineer shall be required to certify that the street centerline elevations are set a
minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure
that the bottom elevation of the crawl spaces of homes is at least 1-foot above.
2.2.19 The applicant’s design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACHD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and approved
prior to the issuance of a certification of occupancy for any structures within the project.
2.2.21 A street light plan will need to be included in the civil construction plans. Street light plan
requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy
of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272.
2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure
prior to final plat signature. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-221.
3. P OLICE D EPARTMENT
http://weblink.meridiancity.org/weblink8/0/doc/157929/Page1.aspx
4. F IRE D EPARTMENT
http://weblink.meridiancity.org/weblink8/0/doc/157930/Page1.aspx
The Fire Department is against the traffic signal in front of station 5. The signal will
cause too much congestion with the operations of the engine company trying to leave
the station and respond to calls.
5. R EPUBLIC S ERVICES
5.1 Please coordinate trash enclosure design and locations with Bob Olson, Republic Services (208-
345-1265 office, or 208-371-1745 cell; or, email: ROlson@republicservices.com ) prior to
submittal of a Certificate of Zoning Compliance application. Also, provide provisions for
recycling.
6. P ARKS D EPARTMENT
6.1 The applicant is required to comply with the mitigation standards listed in UDC 11-3B-10C.5 for any
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existing trees 4-inch caliper or greater that are removed from the site. Contact Elroy Huff, City
Arborist (208-371-1755), prior to removal of any existing trees from the site.
6.2 The Pathways Master Plan requires a 10-foot wide segment of the City’s multi-use pathway
(Eagle Island) along the frontage of this on N. Linder Road; the applicant should coordinate with
Kim Warren, Park’s Department (208-888-3579) regarding the requirements for the pathway. The
UDC (11-3H-4C.4) also requires a 10-foot wide multi-use pathway along SH 20/26.
6.3 Submit a 14-foot wide public pedestrian easement for the multi-use pathway along Linder Road and
W. Chinden Blvd./SH 20-26; coordinate the details of the easements with Kim Warren, Pathways
Project Manager, 208-888-3579. If the pathways are located within right-of-way, an easement is not
required to be submitted to the City.
7. A DA C OUNTY H IGHWAY D ISTRICT (ACHD)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=159123&dbid=0&repo=MeridianCity
8. C ENTRAL D ISTRICT H EALTH D EPARTMENT
http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=157031
9. C OMMUNITY P LANNING A SSOCIATION OF S OUTHWEST I DAHO (COMPASS)
http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=157483
10. D EPARTMENT OF E NVIRONMENTAL Q UALITY (DEQ)
http://weblink.meridiancity.org/weblink8/0/doc/157255/Page1.aspx
11. N AMPA & M ERIDIAN I RRIGATION D ISTRICT (NMID)
http://weblink.meridiancity.org/weblink8/0/doc/157710/Page1.aspx
12. I DAHO T RANSPORTATION D EPARTMENT (ITD)
http://weblink.meridiancity.org/weblink8/0/doc/157968/Page1.aspx
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Exhibit C: Legal Description & Exhibit Map for Annexation & Zoning Boundary
R-8 Zone
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C-C Zone
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D. Required Findings from Unified Development Code
1. A NNEXATION & Z ONING F INDINGS:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation, the
Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The City Council finds that the proposed map amendment to the C-C and R-8 zoning districts
and proposed development plan is consistent with the MU-C and MDR FLUM designations
for this site and should be compatible with existing and future uses in the area (see section
VII above for more information).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds that the proposed map amendment to the C-C and R-8 zoning districts
is consistent with the purpose statements of the commercial and residential districts as
detailed in Section VIII above.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The City Council finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare. City utilities are available to be extended at the expense of
the applicant.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
The City Council finds that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to this
site.
e. The annexation is in the best of interest of the City (UDC 11-5B-3.E).
The City Council finds the proposed annexation of this property with the proposed
development plan is in the best interest of the City.
2. P RELIMINARY P LAT:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the
decision-making body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan;
The City Council finds that the proposed plat is in conformance with the adopted
Comprehensive Plan in regard to land use and transportation and circulation goals.
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The City Council finds that public services are available to be extended to the subject
property upon development. (See Exhibit B of the Staff Report for more details from public
service providers.)
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c. The plat is in conformance with scheduled public improvements in accord with the
City’s capital improvement program;
Because City water and sewer and any other utilities will be provided by the developer at
their own cost, the City Council finds that the subdivision will not require the expenditure of
capital improvement funds.
d. There is public financial capability of supporting services for the proposed
development;
The City Council finds there is public financial capability of supporting services for the
proposed development based on comments received from the public service providers (i.e.,
Police, Fire, ACHD, etc.). (See Exhibit B for more detail.)
e. 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 and general welfare. ACHD and ITD consider road safety issues in their analyses.
3. V ARIANCE:
The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings
listed in Section 11-5B-4.E of the UDC to review the variance request. In order to grant a
variance, the Council shall make the following findings:
a. The variance shall not grant a right or special privilege that is not otherwise allowed in
the district;
City Council finds granting the proposed accesses via Chinden Boulevard would not grant a
right or special privilege as the Fred Meyer store across the street to the north was granted
access via SH 20-26 as well as the Costco development to the west at the intersection of N.
Ten Mile Road and SH 20-26.
b. The variance relieves an undue hardship because of characteristics of the site; and
City Council finds there are unique characteristics of the site that create an undue hardship
that granting a variance would relieve. This site has significant frontage (i.e. 2,675+/- feet) on
SH 20-26 which would make sole access via Linder Rd., N. Fox Run Way and N. Bergman
Ave. difficult and inefficient and would also create more traffic through the adjacent
residential neighborhood.
c. The variance shall not be detrimental to the public health, safety, and welfare.
City Council finds granting the variance for two (2) accesses via SH 20-26 shouldn’t be
detrimental to the public health, safety and welfare if the highway is widened to 5 lanes as
intended through the STAR’s program and the appropriate improvements to SH 20-26 are
constructed as determined by ITD.
The City Council also found that under UDC 11-3H-3, even without approval of a Variance for
access to SH 20-26, access can be granted upon specific recommendation of the Idaho
Transportation Department. Either way, Council approval of the access was found to be
appropriate for this development and was approved.
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