Caldera Canyon H-2019-0062CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0062
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for a Preliminary Plat Consisting of Sixteen (16) Residential Building
Lots and Three (3) Common Lots on 2.83 Acres of Land in the R-8 Zoning District; and
Modification of an Existing Development Agreement to Remove the Subject Property from a DA
Instrument No. 106064914 to Enter into a New One, by Vanessa Klaus.
Case No(s). H-2019-0062
For the City Council Hearing Date of: July 23, 2019 (Findings on August 6, 2019)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of July 23, 2019, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of July 23, 2019, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 23, 2019,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of July 23, 2019, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use
Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Community Development Department, the Public Works Department and any affected party
requesting notice.
Meridian City Council Meeting Agenda August 6, 2019 – Page 140 of 400
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0062
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7. That this approval is subject to the conditions of approval listed in the attached Staff Report for
the hearing date of July 23, 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 preliminary plat and development agreement modification is hereby
approved per the conditions of approval in the Staff Report for the hearing date of July 23,
2019, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer’s signature
on the final plat within two (2) years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat (UDC 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two (2) years, may be considered for
final approval without resubmission for preliminary plat approval (UDC 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City
Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up
to two (2) years as determined and approved by the City Council may be granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again (UDC 11-
6B-7C).
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six (6) months of the city council granting the
modification.
Meridian City Council Meeting Agenda August 6, 2019 – Page 141 of 400
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0062
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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 July 23, 2019
Meridian City Council Meeting Agenda August 6, 2019 – Page 142 of 400
By action of the City Council at its regular meeting held on the � day of Ai JO I I,
2019.
COUNCIL PRESIDENT JOE BORTON VOTEDP7�
COUNCIL VICE PRESIDENT LUKE CAVENER VOTED
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED
COUNCIL MEMBER TY PALMER VOTED.y�
COUNCIL MEMBER TREG BERNT VOTED
COUNCIL MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
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Mayor Tammy de Weerd
Attest:
Chris J
City Cl
Copy served upon Applicant,
Attorney.
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Department, Public Works Department and City
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0062 Cat derq
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EXHIBIT A
Page 1
HEARING
DATE:
7/23/2019
TO: Mayor & City Council
FROM: Bill Parsons, Current Planning
Supervisor
208-884-5533
Bruce Freckleton, Development
Services Manager
208-887-2211
SUBJECT: H-2019-0062
Caldera Canyon
LOCATION: 1294 E. Leigh Field Dr., in the SE ¼ of
the NE ¼ of Section 31, Township 4N.,
Range 1E.
I. PROJECT DESCRIPTION
Request for a preliminary plat consisting of sixteen (16) building lots and three (3) common lots on
2.83 acres of land in the R-8 zoning district; and request to modify the existing development
agreement to remove the subject property and to enter into a new agreement.
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
Meridian City Council Meeting Agenda August 6, 2019 – Page 144 of 400
Page 2
II. SUMMARY OF REPORT
A. Project Summary
B. Community Metrics
Description Details Page
Ada County Highway District
Staff report (yes/no) Yes
Requires ACHD
Commission Action
(yes/no)
No
Access (Arterial/Collectors/State
Hwy/Local)(Existing and Proposed)
One (1) point of access to E. Leigh Field Dr. (collector)
Stub Street/Interconnectivity/Cross
Access
One (1) stub street proposed to the north
Staff recommends a driveway extension to the west to
provide access to Lot 12, Block 2 and provision of a local
street stub to the east for future interconnectivity.
7
Existing Road Network
Existing Arterial Sidewalks /
Buffers
Five-foot attached sidewalk along E. Leigh Field Dr.
Distance to nearest City Park (+
size)
¾ mile to Champion Park
~ 1 mile to Settlers Park
Fire Service 20
Distance to Fire Station +/- 0.4 miles from Fire Station No. 3
Fire Response Time 2 minutes (under ideal conditions)
Resource Reliability 82% (does not meet target goal of 85% or greater)
Risk Identification 1=residential
Accessibility Project meets all required access, road widths and
turnarounds. The common driveway will need to be signed
“No Parking Fire Lane”. Coordinate with addressing
technician for common driveway sign.
Special/resource needs Project will not require an aerial device.
Water Supply 1000 gal./minute for 1 hour required
Police Service 22
Distance to Police Station 3 miles
Police Response Time 3-4 minutes (under average response time in Meridian)
Description Details Page
Acreage 2.83
Future Land Use Designation MU-N/N.C.
Existing Land Use One (1) Single-family residence
Proposed Land Use(s) SFR subdivision
Current Zoning R-8
Proposed Zoning R-8
Lots (# and type; bldg/common) 19 total (16 bldg./3 common)
Phasing plan (# of phases) 1 phase
Number of Residential Units (type
of units)
16 SFR units
Density (gross & net) 5.65 du/acre gross; 6.91 du/acre net
Neighborhood meeting date; # of
attendees:
April 15, 2019; 7 attendees
History (previous approvals) Annexed with Quenzer North Subdivision (AZ-05-063, DA
Inst. No. 106064914; PP-05-063); final platted as Lot 7,
Block 31 of Quenzer Commons No. 10 (FP-06-020)
Meridian City Council Meeting Agenda August 6, 2019 – Page 145 of 400
Page 3
Description Details Page
Calls for Service Between 4/1/2018-3/31/2019 PD responded to 485 calls for
service within a mile of the proposed development.
% of calls for service split
by priority
See PD comments in Section VIII. D
Accessibility No issues with proposed access
Specialty/resource needs None
Crimes 97
Crashes 34 (41% injury related)
West Ada School District
Distance (elem, ms, hs) Prospect Elementary: +/- ¼ mile
Pathways Middle School: +/- 1/3 mile
Rocky Mountain High School: +/- 1.65 miles
Wastewater
Distance to Sewer Services 0 Ft.
Sewer Shed White Drain Trunkshed
Estimated Project Sewer
ERU’s
See application for detail
WRRF Declining Balance 13.68
Project Consistent with
WW Master Plan/Facility
Plan
Yes
Impacts/Concerns Flow commitments have been added (1,840 GPD avg. sanitary
flow; 59 GPD avg. infiltration flow). Ensure that water and
sewer service stubs meet the minimum horizontal separation
requirements.
Water
Distance to Water Services 0 Ft.
Pressure Zone 2
Estimated Project Water
ERU’s
See application for detail
Water Quality Concerns None
Project Consistent with
Water Master Plan
Yes
Impacts/Concerns Water main size must be notated on the construction plans.
Water main in common drive must be eliminated and replaced
with water services to serve the homes off of the common
drive. What is proposed for the "Not-A-Part" lot 12 and how
will it ultimately be served for water?
Meridian City Council Meeting Agenda August 6, 2019 – Page 146 of 400
Page 4
C. Project Area Maps
III. APPLICANT INFORMATION
A. Applicant/Owner:
Vanessa Klaus
1294 E. Leigh Field Dr.
Meridian, ID 83646
B. Representative:
Penelope Constantikes, Riley Planning Services, LLC.
P.O. Box 405
Boise, ID 83701
Future Land Use Map
Aerial Map
Zoning Map
Planned Development Map
Meridian City Council Meeting Agenda August 6, 2019 – Page 147 of 400
Page 5
IV. NOTICING
Planning & Zoning
Posting Date
City Council
Posting Date
Newspaper Notification 5/31/2019 7/5/2019
Radius notification mailed to
properties within 300 feet 5/28/2019 7/2/2019
Property posted on 6/7/2019 7/8/2019
Nextdoor posting 5/28/2019 7/2/2019
V. STAFF ANALYSIS
The development agreement modification proposes to remove the subject property from the terms of
the existing development agreement (Inst. #106064914, AZ-05-063 Quenzer North Subdivision) and
enter into a new development agreement for the proposed development. The applicant requests to
enter into a new development agreement as this property is going to be developed independently from
the Quenzer Commons Subdivision, in which it was originally annexed, zoned and platted. A legal
description and exhibit map will need to be submitted that incorporates the overall Caldera Canyon
development prior to the City Council hearing.
The proposed preliminary plat consists of sixteen (16) building lots and three (3) common lots on
2.83 acres of land in an R-8 zoning district. The subdivision includes one (1) existing home and is
proposed to develop in one (1) phase.
A. Future Land Use Map Designation (https://www.meridiancity.org/compplan)
Mixed Use Neighborhood (MU-N) with a Neighborhood Center (N.C.) overlay – The purpose of
the MU-N designation is to assign areas where neighborhood-serving uses and dwellings are
seamlessly integrated into the urban fabric. N.C. overlays are intended to create a centralized,
pedestrian and service-oriented focal point for neighborhood scale development. N.C. areas are
conceptual and are intended to identify a maximum walking distance of ¼ mile from the core of a
neighborhood center. The proposed development was originally annexed, zoned and platted as
Lot 31, Block 7 of the Quenzer Commons No. 10 Subdivision. Although the proposed development
is only 2.83 acres in size it proposes to extend a grid-like street to the north, which will provide
an opportunity for the property to the north to fulfill characteristics of the MU-N/N.C
designation. Since the parcel was already zoned R-8, is providing an opportunity for surrounding
properties to redevelop and reflects a similar design and layout to the original Quenzer
Commons No. 10 subdivision to the west, staff finds the proposed subdivision is consistent with
the FLUM designations for the area.
Further, there is an existing five acre parcel on the east boundary that has not yet annexed into
the City. With future development of this property the City will be requiring additional
neighborhood serving uses and integrated land uses as envisioned by the Comprehensive Plan.
The proposed gross density is 5.65 du/acre while the net density is 6.91 du/acre, which falls
slightly below the MU-N target density of 6-12 units/acre and the N.C. target density of 8+
units/acre. Given the infill nature of the 2.83 acre site, staff is of the opinion that although the
density is slightly lower than the target density, the proposed development is generally consistent
with the MU-N, N.C. FLUM designation and is appropriate for this site.
Meridian City Council Meeting Agenda August 6, 2019 – Page 148 of 400
Page 6
B. Comprehensive Plan Policies (https://www.meridiancity.org/compplan):
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):
“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)
Services to this area are available and can be reasonably provided since the MFD and MPD
are already servicing the area.
“Review new development for appropriate opportunities to connect local roads and collectors
to adjacent properties (stub streets).” (3.03.02O)
The applicant proposes to stub the local street bisecting the subject property to the north for
future extension. Staff’s recommendation to extend the driveway from Lot 12, Block 2 and add
a stub to the property to the east would further enforce this action item and would increase
interconnectivity among developments.
“Encourage infill development.” (3.04.02B)
This site was originally platted as part of the Quenzer Commons No. 10 subdivision and is
located adjacent to several existing residential subdivisions. The applicant’s proposal includes
similarly sized lots and will complement existing subdivisions.
“Consistent with the Transportation and Land Use Integration Plan, require all new residential
neighborhoods to provide sidewalks, curb and gutters, and complete streets.” (3.07.02B)
The applicant has proposed a public roadway extending north/south through the development
with five-foot attached sidewalks to increase vehicular and pedestrian connectivity to future
developments.
C. Existing Structures/Site Improvements:
There is one (1) existing home on this site that is proposed to remain and is located on Lot 12,
Block 2. The existing structure meets the required setbacks of the R-8 zoning district; any
additions to the lot will be subject to R-8 zoning district dimensional standards.
Any remaining structures aside from the home and ancillary structures on Lot 12 shall be
removed prior to signature on the final plat by the City Engineer.
The applicant has submitted a concept of possible redevelopment for the site should the property
owner leave the premises in the future (see Exhibit VII.E). If the site does redevelop, the common
driveway length shall be approved by the Meridian Fire Department in accord with UDC 11-6C-
3D3.
D. Proposed Use Analysis:
The applicant proposes to construct fifteen (15) single-family detached dwellings with one (1)
existing home to remain at the southwest portion of the site (Lot 12, Block 2), with three (3)
common lots, one (1) of which is a common driveway. Single-family detached dwellings are
listed as a principally permitted use in the R-8 zoning district per UDC Table 11-2A-2.
E. Dimensional Standards (UDC 11-2):
This development is subject to the R-8 zoning district dimensional standards in UDC Table 11-
2A-6 (see below). Buildable lots range in size from approximately 4,032 square feet to
approximately 5,372 square feet, excluding the existing lot at 34,668 square feet, complying with
the UDC minimum dimensional standard of 4,000 square feet per dwelling unit.
Meridian City Council Meeting Agenda August 6, 2019 – Page 149 of 400
Page 7
F. Access (UDC 11-3A-3):
A public street is proposed to extend to the north from E. Leigh Field Dr. and will be stubbed to
the property to the north (parcel #R1608650331) for future extension should redevelopment
occur.
UDC 11-3A-3A.3 requires all subdivisions provide local street access to any use that currently
takes access from a collector road. The existing home on Lot 12, Block 2 proposes to retain their
direct access to E. Leigh Field Dr. as part of this project. Staff recommends that the applicant
extend the driveway from Lot 12, Block 2 to N. Heritage View Ave. and extend a stub street to
Ada County parcel to the east.
The applicant is seeking a council waiver to allow the existing home to maintain access and to
refrain from extending a stub to the east in accord with UDC 11-3A-3. If Council does not grant
the access waiver for both requests, the applicant shall redesign their plat to provide local street
access to Lot 12, Block 2 and the parcel to the east.
NOTE: If the streets are extended as recommended by staff, this may require the applicant to
lose several lots which reduces the density even further than what is desired in the MU-N
designated area as noted above.
G. Sidewalks (UDC 11-3A-17):
The five-foot attached sidewalk adjacent to E. Leigh Field Dr. was constructed with the
development of Quenzer Commons Subdivision No. 10. The applicant proposes to construct
five-foot attached sidewalks within the development along the local street extending north (N.
Heritage View Ave.) in accord with UDC standards.
Meridian City Council Meeting Agenda August 6, 2019 – Page 150 of 400
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H. Landscaping (UDC 11-3B):
UDC 11-2A-6 requires a 20-foot landscape buffer along E. Leigh Field Dr. There is an existing
landscape buffer that was installed with Heritage Commons No. 1. The 20-foot landscape buffer
was placed in an easement with the approval of Heritage Commons No. 1. In accord with UDC
11-3B-7, the applicant proposes to place a majority of the landscape buffer within a common lot
that is to be owned and maintained by the home owner’s association. A portion of the eastern
part of the landscape buffer along E. Leigh Field Dr. is located within an easement; the
landscape buffer shall be located within a common lot extended from Lot 1, Block 2, or the
applicant shall be required to seek alternative compliance prior to final plat approval.
Additionally, if the applicant is not granted a waiver for direct access to E. Leigh Field Dr. for
Lot 12, Block 2, the applicant will be required to convert the frontage into a 20-foot landscape
buffer located within a common lot in accord with UDC standards.
The 20-foot landscape buffer currently includes mature arborvitaes, the applicant’s narrative
proposes to include trees and vegetative groundcover in compliance with UDC 11-3B-7C-3
requirements. The applicant shall revise the landscape plan to include four (4) additional trees to
comply with these requirements.
Mitigation is required for all existing healthy trees 4” caliper or greater that are removed from the
site with equal replacement of the total calipers lost on site up to an amount of 100% replacement
in accord with UDC 11-3B-10C.5. The applicant shall coordinate with Elroy Huff, City Arborist
to confirm mitigation requirements.
I. Qualified Open Space/Site Amenities (UDC 11-3G):
UDC 11-3G-2 does not require open space or amenities for developments under five (5) acres in
size. The subject property is 2.83 acres in size, as such, open space and amenities are not
required.
J. Fencing (UDC 11-3A-6, 11-3A-7):
A six-foot vinyl fence is proposed along the north and east boundaries of the subject site; six-foot
fencing constructed with Quenzer Commons exists along the west boundary. Proposed fencing
complies with UDC standards.
K. Common Driveways (UDC 11-6C-3D):
The applicant is proposing a common driveway for the development to provide access to four (4)
of the sixteen (16) proposed homes in the development. The common driveway is proposed to be
extended from a proposed local public street (N. Heritage View Ave.) from the east.
Common driveways shall be a maximum of one-hundred-fifty feet (150’) in length unless
otherwise approved by the Meridian Fire Department. The proposed length of the driveway
measures approximately 140’ in compliance with UDC standards. However, the current edge
of pavement measures approximately 25-feet short of two (2) building lots accessing the
common driveway at the west part of the site (Lots 7 and 11, Block 2). The common driveway
exhibit (see Exhibit VII.C) depicts the driveways of Lots 7 and 11, Block 2 curving at an angle,
which do not appear to align with the paved area of the common driveway. The applicant shall
clarify the alignment of the subject driveways with the common driveway and, if applicable,
shall adjust the edge of pavement accordingly with approval from the Fire Department.
For all common driveways, a perpetual ingress/egress easement is required to be filed with the
Ada County Recorder, which shall include a requirement for maintenance of a paved surface
capable of supporting fire vehicles and equipment. A copy of that easement shall be submitted to
the Planning Division prior to the City Engineer’s signature on the final plat.
Meridian City Council Meeting Agenda August 6, 2019 – Page 151 of 400
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Lots 5 and 9, Block 2 are not proposed to take access via the common drive, however are required
to adhere to the common driveway requirements in UDC 11-6C-3D.5. All driveways for
properties abutting a common driveway shall be on the opposite side of the shared property line,
away from the common driveway. Solid fencing adjacent to common driveways shall be
prohibited, unless separated by a minimum five-foot wide landscape buffer.
L. Pressurized Irrigation System (UDC 11-3A-15):
An underground pressurized irrigation (PI) system is required to be provided for each lot within
the development.
The current proposal depicts the PI pump station within a buildable lot (Lot 9, Block 2). UDC 11-
3B-6E requires that pressurized irrigation stations be placed on a lot solely dedicated to the pump
station; the applicant shall reconfigure the lots to include a common lot for the pump station.
M. Storm Drainage (UDC 11-3A-18):
An adequate storm drainage system is required in all developments in accord with the City’s
adopted standards, specifications and ordinances. Design and construction shall follow best
management practice as adopted by the City as set forth in UDC 11-3A-18.
N. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual):
Conceptual building elevations were submitted for the future homes within this development.
Building materials consist of stucco, hardy plank and board-and-batten siding with some stone
accents (see Exhibit VII.E). Proposed homes will be single-level and will complement existing
homes in surrounding neighborhoods. Single-story homes are exempt from review from the
Planning Division on those lots adjacent to E. Leigh Field Drive.
VI. DECISION
A. Staff:
Staff recommends approval of the proposed development agreement modification and preliminary
plat requests for this site with the modified development agreement provisions and conditions
listed in Section VIII of this report in accord with the findings contained in Exhibit D.
Note: The driveway access for the existing home via E. Leigh Field Dr. and current
configuration of the plat in regard to the property to the east requires Council approval of a
waiver to UDC 11-3A-3, which limits access via collector streets when access via a local street
is available. In this case, access is available via one (1) proposed local street (N. Heritage View
Ave.). If a waiver is not approved, the plans submitted with the final plat application should be
revised accordingly.
B. Commission:
The Meridian Planning & Zoning Commission heard this item on June 20, 2019. At the public
hearing, the Commission voted to recommend approval of the subject PP request.
1. Summary of Commission public hearing:
a. In favor: Penelope Constantikes, Applicant’s Representative;
b. In opposition: None
c. Commenting: None
d. Written testimony: None
e. Staff presenting application: Stephanie Leonard
f. Other Staff commenting on application: Bill Parsons
2. Key issue(s) of public testimony:
a. None
Meridian City Council Meeting Agenda August 6, 2019 – Page 152 of 400
Page 10
3. Key issue(s) of discussion by Commission:
a. Likelihood of the adjacent parcels to the north and east developing consistently with the
Mixed-use Community Neighborhood Center Overlay guidelines and transitioning
appropriately to the proposed residential use;
b. Commission recommends that the Council grant the applicant the waiver to continue the use
of the existing driveway for existing home and to refrain from extending a local stub street
to the east;
c. Retention of existing landscaping (arborvitaes) along E. Leigh Field Dr. in lieu of the four
(4) trees as recommended by Staff;
4. Commission change(s) to Staff recommendation:
a. Modify condition 3.a. to allow the applicant to seek alternative compliance to retain the
existing arborvitaes in lieu of installing the four (4) required trees within the street buffer;
5. Outstanding issue(s) for City Council:
a. Allowing the applicant’s request to continue the use of existing driveway to the existing
home and not require the extension of the stub street to the east in accord with UDC 11-3A-
3.
C. The Meridian City Council heard these items on July 23, 2019. At the public hearing, the Council
moved to approve the subject PP and MDA requests.
1. Summary of the City Council public hearing:
a. In favor: Penelope Constantikes
b. In opposition: None
c. Commenting: Dan Young and Steve Wagner
d. Written testimony: None
e. Staff presenting application: Bill Parsons
f. Other Staff commenting on application: None
2. Key issue(s) of public testimony:
a.
b.
c.
Increased traffic on E. Leigh Field Drive.
Extension of N. Heritage View Ave.
Maintaining irrigation water to adjacent property owners.
3. Key issue(s) of discussion by City Council:
a. None
4. City Council change(s) to Commission recommendation:
a. Council granted the waiver to allow the existing home to retain the current access and
did not require the extension of the eastern stub street.
Meridian City Council Meeting Agenda August 6, 2019 – Page 153 of 400
Page 11
VII. EXHIBITS
A. Preliminary Plat (date: 4/11/2019)
Meridian City Council Meeting Agenda August 6, 2019 – Page 154 of 400
Page 12
B. Landscape Plan (date: 5/10/2019)
Meridian City Council Meeting Agenda August 6, 2019 – Page 155 of 400
Page 13
C. Common Driveway Exhibit
Meridian City Council Meeting Agenda August 6, 2019 – Page 156 of 400
Page 14
D. Building Elevations
Meridian City Council Meeting Agenda August 6, 2019 – Page 157 of 400
Page 15
Meridian City Council Meeting Agenda August 6, 2019 – Page 158 of 400
Page 16
E. Redevelopment Exhibit
Meridian City Council Meeting Agenda August 6, 2019 – Page 159 of 400
Page 17
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. A new Development Agreement (DA) is required as a provision of the request for a
modification to the existing DA to exclude this property from the existing agreement (Inst.
No. 106064914). A new DA shall be entered into between the City of Meridian, the property
owner, and the developer.
Currently, a fee of $303.00 shall be paid by the Applicant to the Planning Division
prior to commencement of the DA. The DA shall be signed by the property owner
and returned to the Planning Division within six (6) months of the City Council
granting the approval. The DA shall, at minimum, incorporate the following
provisions:
a. Future development of this site shall comply with the preliminary plat, redevelopment
plan for Lot 12, Block 2, landscape plan and conceptual building elevations included in
Section VII and the provisions contained herein.
b. Except for the existing home on Lot 12, Block 2, direct lot access to E. Leigh Field Drive
is prohibited. unless waived by City Council in accord with UDC 11-3A-3.
2. The preliminary plat included in Section VII.A, shall be revised as follows:
a. The applicant shall include the pump station within a common lot in accord with UDC
11-3B-6E.
b. Lot 12, Block 2 shall take access from N. Heritage View Ave. in accord with UDC 11-
3A-3A.3, unless waived by City Council. Council granted the waiver for the existing
home on Lot 12, Block 2 to retain its access from E. Leigh Field Drive.
c. The applicant shall provide a stub street to the property to the east (parcel
#R1608650375) for future interconnectivity unless waived by City Council in accord
with UDC 11-3A-3A.3. Council did not require the applicant to provide a stub street to
the property to the east.
d. Include a note stating ownership and maintenance responsibilities for the common lots.
e. Include a note stating access via common driveway is restricted to Lots 6, 7, 10, and 11,
and if applicable, a lot that may result from redevelopment of Lot 12, Block 2.
f. The applicant shall clarify the alignment of the driveways to Lots 7 and 11, Block 2 with
the common driveway and, if applicable, shall coordinate with the Fire Department and
adjust the edge of pavement accordingly.
g. The landscape buffer currently depicted as an easement along E. Leigh Field Dr. shall be
located within a common lot extended from Lot 1, Block 2 in accord with UDC 11-3B-
7C, or the applicant shall be required to seek alternative compliance prior to final plat
approval.
h. If the applicant is not granted a waiver for direct access to E. Leigh Field Dr. for Lot 12,
Block 2, the applicant shall convert the frontage into a 20-foot landscape buffer located
within a common lot in accord with UDC 11-3B-7C. Council granted Lot 12, Block 2
direct access to E. Leigh Field Drive.
3. The landscape plan included in Section VII.B shall be revised as follows:
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a. With the final plat application, the applicant shall submit an alternative compliance
application to retain the existing arborvitaes in lieu of installing the four (4) required trees
within the street buffer along E. Leigh Field Dr.
b. The applicant shall coordinate with Elroy Huff, City Arborist, to confirm any mitigation
requirements for trees proposed to be removed. The mitigation plan shall be referenced
on the landscape plan submitted with a final plat application.
c. The landscape buffer currently depicted as an easement along E. Leigh Field Dr. shall be
located within a common lot extended from Lot 1, Block 2 in accord with UDC 11-3B-
7C, or the applicant shall be required to seek alternative compliance prior to final plat
approval.
d. If the applicant is not granted a waiver for direct access to E. Leigh Field Dr. for Lot 12,
Block 2, the applicant shall convert the frontage into a 20-foot landscape buffer located
within a common lot in accord with UDC 11-3B-7C. Council granted Lot 12, Block 2
direct access to E. Leigh Field Drive.
4. A legal description and exhibit map will need to be submitted that incorporates the overall
Caldera Canyon development prior to the City Council hearing.
5. Depict fencing on building lots adjacent to common open space lots in residential areas to
distinguish common from private areas as set forth in UDC 11-3A-7A.7.
6. A perpetual ingress/egress easement for the common driveway(s) shall be filed with the Ada
County Recorder, which shall include a requirement for maintenance of a paved surface
capable of supporting fire vehicles and equipment. A copy of the easement shall be
submitted to the Planning Division prior to signature on the final plat.
7. All driveways for properties abutting a common driveway shall be on the opposite side of the
shared property line, away from the common driveway. Solid fencing adjacent to common
driveways shall be prohibited, unless separated by a minimum five-foot wide landscape
buffer.
8. Comply with all bulk, use, and development standards of the R-8 zoning district listed in
UDC Table 11-2A-5.
9. Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as
set forth in UDC 11-3A-6.
10. 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.
11. Comply with the sidewalk standards as set forth in UDC 11-3A-17.
12. Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J.
13. Construct storm water integration facilities that meet the standards as set forth in UDC 11-
3B-11C.
14. Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3,
including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements,
blocks, street buffers, and mailbox placement.
15. 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.
16. Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision
triangle.
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17. The applicant and/or assigns shall have the continuing obligation to provide irrigation that
meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping
as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14.
18. The project is subject to all current City of Meridian ordinances.
19. 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.
20. 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.
21. The applicant shall complete all improvements related to public life, safety, and health as set
forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in
accord with UDC 11-5C-3C.
22. The final plat, and any phase thereof, shall substantially comply with the approved
preliminary plat as set forth in UDC 11-6B-3C2.
23. The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain
the City Engineer signature on a final plat within two years; or, 2) gain approval of a time
extension as set forth in UDC 11-6B-7.
24. Upon installation of the landscaping and prior to inspection by Planning Division staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A.
B. PUBLIC WORKS
1. Site Specific Conditions of Approval
1.1 A street light plan will need to be included in the final plat application. Street light plan
requirements are listed in section 6-7 of the City's Design Standards. A copy of the
standards can be found at http://www.meridiancity.org/public_works.aspx?id=272
1.2 Applicant shall be required to establish a new water service directly to the existing water
main in E. Leigh Field Drive for Lot 12, Block 2, and abandon the existing service from
N. Heritage View Avenue per the Meridian Design Standards. Due to the size of the
existing structure on Lot 12, Block 2, and the potential for increased demand on this lot, a
one-inch single service/meter will be required.
1.3 Independent sewer and water services lines for each lot shall be required in the common
driveway Lot, Block 2 in lieu of mainlines as proposed.
2. General Conditions of Approval
2.1 Applicant shall coordinate water and sewer main size and routing with Suez Water Idaho,
and the Meridian Public Works Department, and execute standard forms of easements for
any mains that are required to provide service outside of a public right-of-way.
Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is
less than three feet than alternate materials shall be used in conformance of City of
Meridian Public Works Departments Standard Specifications.
2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and
water mains to and through this development. Applicant may be eligible for a
reimbursement agreement for infrastructure enhancement per MCC 8-6-5.
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2.3 The applicant shall provide easement(s) for all public sewer mains outside of public right
of way. The easement widths shall be 20-feet wide for a single utility. The easements
shall not be dedicated via the plat, but rather dedicated outside the plat process using the
City of Meridian’s standard forms. The easement shall be graphically depicted on the plat
for reference purposes. Submit an executed easement (on the form available from Public
Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,
which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11”
map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be
sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a
note to the plat referencing this document. All easements must be submitted, reviewed,
and approved prior to development plan approval.
2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-
round source of water (MCC 12-13-8.3). The applicant should be required to use any
existing surface or well water for the primary source. If a surface or well source is not
available, a single-point connection to the culinary water system may be necessary.
2.5 All existing structures that are required to be removed shall be prior to signature on the
final plat by the City Engineer. Any structures that are allowed to remain shall be subject
to evaluation and possible reassignment of street addressing to be in compliance with
MCC.
2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways,
intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall
be addressed per UDC 11-3A-6. In performing such work, the applicant shall comply
with Idaho Code 42-1207 and any other applicable law or regulation.
2.7 Any existing domestic well system within this project shall be removed from domestic
service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian
Engineering Department at (208)898-5500 for inspections of disconnection of services.
Wells may be used for non-domestic purposes such as landscape irrigation if approved by
Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190.
2.8 Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment
procedures and inspections (208)375-5211.
2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and
activated, and road base approved by the Ada County Highway District prior to issuance
of building permits.
2.10 A letter of credit or cash surety in the amount of 110% will be required for all
uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat.
2.11 All improvements related to public life, safety and health shall be completed prior to
occupancy of the structures. Where approved by the City Engineer, an owner may post a
performance surety for such improvements in order to obtain City Engineer signature on
the final plat as set forth in UDC 11-5C-3B.
2.12 Applicant shall be required to pay Public Works development plan review, and
construction inspection fees, as determined during the plan review process, prior to the
issuance of a plan approval letter.
2.13 It shall be the responsibility of the applicant to ensure that all development features
comply with the Americans with Disabilities Act and the Fair Housing Act.
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2.14 Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.17 Compaction test results shall be submitted to the Meridian Building Department for all
building pads receiving engineered backfill, where footing would sit atop fill material.
2.18 The design engineer shall be required to certify that the street centerline elevations are set
a minimum of 3-feet above the highest established peak groundwater elevation. This is
to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above.
2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation
district or ACHD. The design engineer shall provide certification that the facilities have
been installed in accordance with the approved design plans. This certification will be
required before a certificate of occupancy is issued for any structures within the project.
2.20 At the completion of the project, the applicant shall be responsible to submit record
drawings per the City of Meridian AutoCAD standards. These record drawings must be
received and approved prior to the issuance of a certification of occupancy for any
structures within the project.
2.21 A street light plan will need to be included in the civil construction plans. Street light
plan requirements are listed in section 6-5 of the Improvement Standards for Street
Lighting. A copy of the standards can be found at
http://www.meridiancity.org/public_works.aspx?id=272.
2.22 The City of Meridian requires that the owner post to the City a performance surety in the
amount of 125% of the total construction cost for all incomplete sewer, water and reuse
infrastructure prior to final plat signature. This surety will be verified by a line item cost
estimate provided by the owner to the City. The surety can be posted in the form of an
irrevocable letter of credit, cash deposit or bond. Applicant must file an application for
surety, which can be found on the Community Development Department website. Please
contact Land Development Service for more information at 887-2211.
2.23 The City of Meridian requires that the owner post to the City a warranty surety in the
amount of 20% of the total construction cost for all completed sewer, and reuse
infrastructure for duration of two years. This surety will be verified by a line item cost
estimate provided by the owner to the City. The surety can be posted in the form of an
irrevocable letter of credit, cash deposit or bond. Applicant must file an application for
surety, which can be found on the Community Development Department website. Please
contact Land Development Service for more information at 887-2211.
C. FIRE DEPARTMENT
http://weblink.meridiancity.org/weblink8/0/doc/161916/Page1.aspx
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D. POLICE DEPARTMENT
http://weblink.meridiancity.org/weblink8/0/doc/162994/Page1.aspx
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E. SETTLERS IRRIGATION DISTRICT
http://weblink.meridiancity.org/weblink8/0/doc/169289/Page1.aspx
F. CENTRAL DISTRICT HEALTH DEPARTMENT (CDHD)
http://weblink.meridiancity.org/weblink8/0/doc/169385/Page1.aspx
G. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ)
http://weblink.meridiancity.org/weblink8/0/doc/169451/Page1.aspx
H. NAMPA MERIDIAN IRRIGATION DISTRICT (NMID)
http://weblink.meridiancity.org/weblink8/0/doc/173000/Page1.aspx
I. ADA COUNTY HIGHWAY DISTRICT
http://weblink.meridiancity.org/weblink8/0/doc/174453/Page1.aspx
IX. FINDINGS
Preliminary Plat (UDC 11-6B-6)
In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the
decision making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-
2005)
1. The plat is in conformance with the comprehensive plan and is consistent with this unified
development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008)
Council finds the proposed plat is generally in conformance with the UDC if the Applicant
complies with the conditions of approval in Section VIII.
2. Public services are available or can be made available ad are adequate to accommodate the
proposed development;
Council finds public services can be made available to the subject property and will be
adequate to accommodate the proposed development.
3. The plat is in conformance with scheduled public improvements in accord with the city's
capital improvement program;
Council finds the proposed plat is in substantial conformance with scheduled public
improvements in accord with the City’s CIP.
4. There is public financial capability of supporting services for the proposed development;
Council finds there is public financial capability of supporting services for the proposed
development.
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5. The development will not be detrimental to the public health, safety or general welfare; and
Council finds the proposed development will not be detrimental to the public health, safety or
general welfare.
6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-
30-2005, eff. 9-15-2005)
Council is unaware of any significant natural, scenic or historic features that need to be
preserved with this development.
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