Idaho Fine Arts Academy (H-2019-0088)CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0088 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for Rezone of 18.96 Acres of Land from the I-L Zoning District to the
C-G Zoning District for Idaho Fine Arts Academy, by West Ada School District.
Case No(s). H-2019-0088
For the City Council Hearing Date of: October 15, 2019 (Findings on November 6, 2019)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of October 15, 2019, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of October 15, 2019, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of October 15,
2019, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of October 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
Community Development Department, the Public Works Department and any affected party
requesting notice.
Meridian City Council Meeting Agenda November 6, 2019 – Page 217 of 610
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0088 - 2 -
7. That this approval is subject to the comments in the attached Staff Report for the hearing date of
October 15, 2019, incorporated by reference. These comments are concluded to be reasonable and
the applicant shall meet such requirements of the UDC.
C. Decision and Order
Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant’s request for rezone is hereby approved per the Findings in the Staff Report for
the hearing date of October 15, 2019, attached as Exhibit A.
D. 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.
E. Attached: Staff Report for the hearing date of October 15, 2019
Meridian City Council Meeting Agenda November 6, 2019 – Page 218 of 610
By action of the City Council at its regular meeting held on the day of I joy mloer ,
2019.
COUNCIL PRESIDENT JOE BORTON VOTED
COUNCIL VICE PRESIDENT LUKE CAVENER VOTED
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED
COUNCIL MEMBER TY PALMER VOTED
COUNCIL MEMBER TREG BERNT VOTED
COUNCIL MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0088 - 3 -
EXHIBIT A
Page 1
HEARING
DATE:
10/15/2019
TO: Mayor & City Council
FROM: Kevin Holmes, Associate Planner
208-884-5533
Bruce Freckleton, Development
Services Manager
208-887-2211
SUBJECT: H-2019-0088
Idaho Fine Arts Academy
LOCATION: 915 E. Central Drive
(SE ¼ of Section 18, T.3N., R.1E.)
I. PROJECT DESCRIPTION
Rezone of 18.96 acres of land from the I-L (Light Industrial) district to the C-G (General Retail and
Service District) zoning district.
II. SUMMARY OF REPORT
A. Project Summary
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
Description Details Page
Acreage 18.96
Future Land Use Designation Commercial
Existing Land Use Idaho State University parking lot (under construction),
athletics field and associated parking
Proposed Land Use(s) Education Institution and associated parking
Current Zoning I-L (Light Industrial)
Proposed Zoning C-G (General Retail and Service Commercial District)
Lots (# and type; bldg/common) 2 existing buildable lots
Physical Features (waterways,
hazards, flood plain, hillside)
Nine Mile Creek along west property boundary
Neighborhood meeting date; # of
attendees:
June 27, 2019; 1 attendee
History (previous approvals) AZ-09-001; DA #99050962; PFP-03-005; CPA-07-005;
H-2019-0045; A-2019-0171
Meridian City Council Meeting Agenda November 6, 2019 – Page 204 of 610
Page 2
B. Project Area Maps
III. APPLICANT INFORMATION
A. Applicant:
Joe Yochum, West Ada School District – 1303 E. Central Dr., Meridian, ID 83642
B. Owners:
West Ada School District – 1303 E. Central Dr., Meridian, ID 83642
Idaho State University – 921 S. 8th Ave., Pocatello, ID 83209
C. Representative:
Jessica Heggie, Hummel Architects – 2785 N. Bogus Basin Rd., Boise, ID 83702
Future Land Use Map
Aerial Map
Zoning Map
Planned Development Map
Meridian City Council Meeting Agenda November 6, 2019 – Page 205 of 610
Page 3
IV. NOTICING
Planning & Zoning
Posting Date
City Council
Posting Date
Legal notice published in
newspaper 8/30/2019 9/27/2019
Radius notification mailed to
properties within 300 feet 8/27/2019 9/24/2019
Nextdoor posting 8/27/2019 9/24/2019
Public hearing notice sign posted
on property 9/9/2019 10/4/2019
V. STAFF ANALYSIS
The applicant, West Ada School District (WASD), has applied for a rezone of 18.96 acres of land
from the I-L to the C-G zoning district. This request is consistent with the Commercial Future Land
Use Map (FLUM) designation as noted below in Section V.A. The legal description submitted with
the application, included in Exhibit VII.A, shows the boundaries of the property proposed to be
rezoned.
While no development is proposed with the subject rezone request, the applicant has submitted a
preliminary site layout showing the construction of a new fine arts academy for the West Ada School
District in the northeast corner of the property along E. Central Drive. The school is anticipated to
enroll students in grades 6-12. The current I-L zoning does not allow public educational institutions.
In the requested C-G zoning, public educational institutions are principally permitted, subject to the
specific use standards of UDC 11-4-3-14. If the subject rezone is approved, Certificate of Zoning
Compliance and Design Review for an educational institution will be required. There is no concept,
or future development shown for the middle of the property that is currently improved with grass and
used for recreational purposes. The southern portion of the subject property has already received
Certificate of Zoning Compliance and Design Review approval (A-2019-0171) for the construction of
a parking lot to serve the Idaho State University (ISU) facility to the east.
With rezone requests, the City may require the applicant to enter into a development agreement (DA)
pursuant to Idaho Code section 67-6511A. In this case, Staff does not recommend that a DA be
entered into at this time for this property. All of the surrounding properties are already zoned C-G.
The current I-L zoning this property has is incompatible with the surrounding uses and what the
Comprehensive Plan FLUM envisions for this area. In the event that the WASD plans do not
materialize, and this property is sold off, the requested C-G zoning is preferable to the current I-L
zoning. Should this occur, the uses allowed under the C-G designation on this property would be still
be subject to previous conditions of approval, administrative review, and Code requirements and
conditions of the C-G zoning. In addition, staff believes that the policies of the Comprehensive Plan
(analyzed immediately below in Section V.A) support the decision to create an entitlement
framework for the school district which expedites development and ensures development consistent
with City Code.
A. Comprehensive Plan (Comprehensive Plan))
This site is designated Commercial on the Future Land Use Map (FLUM) contained in the
Comprehensive Plan. The Commercial designation allows a wide variety of commercial, retail,
and appropriate public uses, including schools.
The proposed rezone demonstrates compliance with the following policies of the Plan: (Staff’s
comments in italics)
Meridian City Council Meeting Agenda November 6, 2019 – Page 206 of 610
Page 4
“Look for ways to streamline the permitting and land use review process for approval of new
school facilities.” (3.02.01G)
Not requiring the WASD to enter into a DA at this time will streamline the review process for
subsequent phases of development on this property.
“Engage all education levels (K-12) to develop a highly educated and innovative workforce
with an entrepreneurial mindset.” (4.02.03D)
The proposed 6-12 grade school will provide a more specialized curriculum than may not be
found at a traditional high school, contributing to the diverse and innovative work force the
Comprehensive Plan envisions.
“Ensure compatibility of schools with neighborhoods and adjacent land uses.” (3.02.01J)
To the west of this property are office uses, to the north is the Idaho State Police facility, and
to the east is the existing WASD and ISU campus. All these properties are currently zoned C-
G. Therefore, the proposed C-G zoning is more compatible than the existing I-L zoning. Staff
has reviewed the adjacent land uses and determined they are compatible with a future
educational institution or any potential other uses allowed by the C-G zoning.
B. Existing Structures/Site Improvements:
There is an existing parking lot and athletic field currently located on the northern portion of the
property. The southern portion of the property is being developed separately by ISU as a parking
lot. The provided conceptual plan shows a reconfiguration of the existing parking lot along E.
Central Drive and the construction of a Fine Arts Academy in the northeast corner of the
property. These site improvements are all required to be reviewed through the Certificate of
Zoning Compliance and Design Review process and will be subject to all applicable code
requirements and previous approvals. This includes the multi-use pathways, which are required to
be built with the first phase of WASD development as a condition of approval of the preceding
shot plat (H-2019-0045).
C. Proposed Zoning/Use Analysis:
The proposed C-G zoning district is consistent with the existing Commercial FLUM designation.
While no development/use is proposed with the subject rezone, it is envisioned that WASD will
construct a fine arts school on this site. Public Educational Institutions are listed as a principal
permitted use in the C-G zoning district per UDC Table 11-2B-2 subject to the specific use
standards of UDC 11-4-3-14.
D. Dimensional Standards (UDC Table 11-2B-3):
Development is required to comply with the dimensional standards listed in UDC Table 11-2B-3
for the C-G district. Staff has reviewed the subject property and found the existing lots comply
with the minimum property size requirement. Future structures should comply with the minimum
setback, height, and other dimensional standards of the requested district.
E. Access (UDC 11-3A-3):
UDC 11-3A-3A and Comprehensive Plan policy 3.06.02C directs development to limit private
access points on collector streets. The intent of the code and policy is to reduce congestion and
conflict points that cause safety concerns. The submitted preliminary layout plan depicts retaining
the existing two points of access from the northern parking lot to E. Central Dr., a collector
roadway. With the CZC and Design Review application, staff recommends the applicant remove
one of the existing access points to E. Central Dr. and utilize the drive aisle access approved with
the short plat (H-2019-0045), along the eastern edge of the property. This drive also provides
Meridian City Council Meeting Agenda November 6, 2019 – Page 207 of 610
Page 5
access to the ISU parking lot on the southern property and the existing parking lot to the east of
the subject property. All of Lot 1, Block 1, should be shown/included with said CZC and Design
Review application.
F. Parking (UDC Table 11-3C-6):
Off-street vehicle parking is required to be provided for all new developments in accord with the
standards of UDC 11-3C. The design and layout of all parking facilities should be in compliance
with the standards of UDC 11-3A-19. Parking calculations and configurations will be reviewed
through the CZC and Design Review process.
G. Pathways (UDC 11-3A-8, 11-3B-12C):
The Pathways Master Plan identifies multi-use pathway segments along the western edge of this
property, connecting from the southwest to the northeast corner and along E. Central Dr. Through
the preceding short plat approval, the appropriate public access easements have been dedicated
for these connections. A condition of approval for said short plat is that these pathways be
constructed with the first WASD phase of development. With the required CZC and Design
Review applications, the applicant should submit plans showing these facilities constructed to the
standards listed in UDC 11-3A-8 and 11-3B-12C.
H. Sidewalks (UDC 11-3A-17):
A seven-foot attached sidewalk currently exists along E. Central Dr. With the first phase of
WASD development, this sidewalk should be replaced with a ten-foot wide multi-use pathway in
accord with the Pathways Master Plan and previous approvals for this property (H-2019-0045).
I. Landscaping (UDC 11-3B):
A 20-foot wide landscape buffer is required along E. Central Dr. in accord with UDC Table 11-
2B-3 and the standards listed in UDC 11-3B-7. Parking lot landscaping is required in accord with
the standards listed of UDC 11-3B-8. A full landscape plan shall be included in any future CZC
and Design Review applications and will be reviewed for compliance at that time.
J. Waterways (UDC 11-3A-6):
The Nile Mile Creek, a natural waterway, runs along the western edge of the subject property. Per
UDC 11-3A-6B.1, this waterway shall remain as a natural amenity and shall not be piped or
otherwise covered. The submitted preliminary site layout shows the creek remaining.
K. Fencing (UDC 11-3A-6, 11-3A-7):
All new fencing is required to comply with the standards listed in UDC 11-3A-7. No fencing is
proposed or shown with this application.
L. Utilities (UDC 11-3A-21):
All development is required to connect to the City water and sewer system unless otherwise
approved by the City Engineer in accord with UDC 11-3A-21. City water and sewer services are
stubbed to this site.
M. Pressure Irrigation (UDC 11-3A-15):
An underground pressurized irrigation system is required to be provided for the development in
accord with UDC 11-3A-15.
N. Storm Drainage (UDC 11-3A-18):
An adequate storm drainage system is required in all developments; design and construction shall
follow best management practice as adopted by the City as set forth in UDC 11-3A-18.
Meridian City Council Meeting Agenda November 6, 2019 – Page 208 of 610
Page 6
O. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual):
No building elevations were submitted with this application. The applicant is required to submit
elevations through the CZC and Design Review application process. All elevations shall comply
with the standards of the Meridian Architectural Standards Manual.
P. Certificate of Zoning Compliance (CZC)/Design Review (DR):
Prior to submittal of building permit applications, CZC and DR approval is required for all
structures and site modifications to ensure consistency with UDC standards, design
standards listed in the Architectural Standards Manual, specific use standards, and
previous approvals.
VI. DECISION
A. Staff:
Staff finds the proposed Rezone is consistent with the Comprehensive Plan and future
development will comply with the standards of the UDC; therefore, Staff recommends approval
of the proposed Rezone.
B. The Meridian Planning & Zoning Commission heard these items on September 19, 2019. At the
public hearing, the Commission moved to recommend approval of the subject rezone request.
1. Summary of Commission public hearing:
a. In favor: Jake Rivard, applicant’s representative
b. In opposition: None
c. Commenting: None
d. Written testimony: Jake Rivard, applicant’s representative – in agreement with the staff
report
e. Staff presenting application: Kevin Holmes
f. Other Staff commenting on application: None
2. Key issue(s) of public testimony:
a. None
3. Key issue(s) of discussion by Commission:
a. Agreement that a DA is not needed
4. Commission change(s) to Staff recommendation:
a. None
5. Outstanding issue(s) for City Council:
a. None
C. The Meridian City Council heard this item on 10/15/2019. At the public hearing, the Council
moved to approve the subject RZ request.
1. Summary of the City Council public hearing:
a. In favor: Jake Rivard, applicant’s representative
b. In opposition: None
c. Commenting: None
d. Written testimony: None
e. Staff presenting application: Kevin Holmes
f. Other Staff commenting on application: None
2. Key issue(s) of public testimony:
a. None
3. Key issue(s) of discussion by City Council:
a. None
Meridian City Council Meeting Agenda November 6, 2019 – Page 209 of 610
Page 7
4. City Council change(s) to Commission recommendation:
a. None
Meridian City Council Meeting Agenda November 6, 2019 – Page 210 of 610
Page 8
VII. EXHIBITS
A. Rezone Legal Description and Exhibit Map
Meridian City Council Meeting Agenda November 6, 2019 – Page 211 of 610
Page 9
Meridian City Council Meeting Agenda November 6, 2019 – Page 212 of 610
Page 10
Meridian City Council Meeting Agenda November 6, 2019 – Page 213 of 610
Page 11
B. Preliminary Site Layout (date: 4/30/2019)
Meridian City Council Meeting Agenda November 6, 2019 – Page 214 of 610
Page 12
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING COMMENTS
1. Prior to submittal of building permit applications, Certificate of Zoning Compliance and
Design Review approval is required for any structures and/or site modifications to ensure
consistency with UDC standards, design standards listed in the Architectural Standards
Manual, and previous approvals.
B. PUBLIC WORKS
1. No comment
Meridian City Council Meeting Agenda November 6, 2019 – Page 215 of 610
Page 13
FINDINGS
A. Rezone (UDC 11-5B-3E)
Required Findings: Upon recommendation from the commission, the council shall make a full
investigation and shall, at the public hearing, review the application. In order to grant an
annexation and/or rezone, the council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive plan;
The Council finds that the proposed map amendment to C-G and conceptual development
plan is consistent with the Commercial FLUM designations and goals of the Comprehensive
Plan.
2. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The Council finds that the proposed map amendment to the C-G zoning district is consistent
with the purpose statement for commercial districts in UDC 11-2B-1.
3. The map amendment shall not be materially detrimental to the public health, safety, and
welfare;
The Council finds that the proposed zoning map amendment will not be detrimental to the
public health, safety, or welfare. City utilities will be extended at the expense of the applicant.
The Council considered all oral or written testimony provided to determine this finding.
4. The map amendment shall not result in an adverse impact upon the delivery of services by
any political subdivision providing public services within the city including, but not limited
to, school districts; and
The Council finds that the proposed zoning amendment will not result in any adverse impact
upon the delivery of services by any political subdivision providing services to this site.
5. The annexation (as applicable) is in the best interest of city.
This finding this is not applicable because the request is for a rezone, not annexation.
Meridian City Council Meeting Agenda November 6, 2019 – Page 216 of 610
EIDIAN?-
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CITY COUNCIL
WORK SESSION AGENDA
November 6, 2019
Agenda Item Number: 3 L
Item Title: Findings of Fact, Conclusions of Law for Nick Estates (H-2019-
0086)
By Nick Shearer. Located at 1180 N. Ten Mile Road
Meeting Notes:
I TEM SHEET
C ouncil Agenda I tem - 3.L .
Presenter:
Estimated Time f or P resentation: 0
Title of I tem - F indings of F act, C onclusions of L aw for Nick E states (H-2019-0086) by Nick
Shearer, L ocated at 1180 N. Ten M ile Rd.
AT TAC HM E NT S:
Description Type Upload D ate
F indings Findings/Orders 10/28/2019
E xhibit A E xhibit 10/28/2019
Meridian City Council Meeting Agenda November 6, 2019 – Page 220 of 610
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0086 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for a Combined Preliminary/Final Plat Consisting of 4 Residential
Building Lots and 4 Common Lots on 1.4 Acres of Land in the R-4 Zone for Nick Estates
Subdivision, by Nick Shearer.
Case No(s). H-2019-0086
For the City Council Hearing Date of: October 22, 2019 (Findings on November 6, 2019)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of October 22, 2019, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of October 22, 2019, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of October 22,
2019, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of October 22, 2019, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use
Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Community Development Department, the Public Works Department and any affected party
requesting notice.
Meridian City Council Meeting Agenda November 6, 2019 – Page 221 of 610
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0086 - 2 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of October 22, 2019, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant’s request for combined preliminary/final plat is hereby approved per the
conditions of approval in the Staff Report for the hearing date of October 22, 2019, attached as
Exhibit A.
D. Notice of Applicable Time Limits
Notice of Combined Preliminary/Final Plat Duration
Please take notice that approval of a combined preliminary and final 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 combined preliminary and final plat (UDC 11-6B-7A).
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).
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 October 22, 2019
Meridian City Council Meeting Agenda November 6, 2019 – Page 222 of 610
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0086 - 3 -
Meridian City Council Meeting Agenda November 6, 2019 – Page 223 of 610
By action of the City Council at its regular meeting held on the day of ,
2019.
COUNCIL PRESIDENT JOE BORTON VOTED \
COUNCIL VICE PRESIDENT LUKE CAVENER VOTED &(C
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED
COUNCIL MEMBER TY PALMER VOTED
COUNCIL MEMBER TREG BERNT VOTED
COUNCIL MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor Ta de Weerd
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0086 - 4 -
EXHIBIT A
Page 1
HEARING
DATE:
10/22/2019
TO: Mayor & City Council
FROM: Kevin Holmes, Associate Planner
208-884-5533
Bruce Freckleton, Development
Services Manager
208-887-2211
SUBJECT: H-2019-0086
Nick Estates Subdivision
LOCATION: 1180 N. Ten Mile Rd.
I. PROJECT DESCRIPTION
Combined preliminary and final plat consisting of four residential building lots and four
common lots on 1.4 acres of land in the R-4 zoning district. The applicant is requesting a
waiver from City Council per UDC 11-3A-3 for the existing residence to retain its driveway
access to N. Ten Mile Rd.
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
Meridian City Council Meeting Agenda November 6, 2019 – Page 225 of 610
Page 2
II. SUMMARY OF REPORT
A. Project Summary
B. Community Metrics
Description Details
Acreage 1.4
Future Land Use Designation Medium Density Residential (MDR)
Existing Land Use Single Family Residential
Proposed Land Use(s) Single Family Homes
Current Zoning R-4
Proposed Zoning R-4
Lots (# and type; bldg/common) Four buildable; Four common
Phasing plan (# of phases) NA
Number of Residential Units (type
of units)
Four, single-family homes
Density (gross & net) 2.84 Gross/3.2 Net
Open Space (acres, total [%] /
buffer / qualified)
NA
Amenities NA
Physical Features Eight Mile Lateral along east boundary
Neighborhood meeting date; # of
attendees:
June 28, 2019; Five attendees
Description Details
Wastewater
Distance to Sewer Services 0-Feet
Sewer Shed 4
Estimated Project Sewer
ERU’s
See Application
WRRF Declining Balance
Project Consistent with
WW Master Plan/Facility
Plan
Yes
Water
Distance to Water Services 0-Feet
Pressure Zone 2
Estimated Project Water
ERU’s
See Application
Water Quality No concerns
Project Consistent with
Water Master Plan
Yes
Impacts/Concerns No concerns
Grocery Store Less than ½ mile away to the north on N. Ten Mile Rd.
Meridian City Council Meeting Agenda November 6, 2019 – Page 226 of 610
Page 3
C. Project Area Maps
Future Land Use Map
Aerial Map
Zoning Map
Planned Development Map
Meridian City Council Meeting Agenda November 6, 2019 – Page 227 of 610
Page 4
III. APPLICANT INFORMATION
A. Applicant:
Nick Shearer – 1180 N. Ten Mile Rd., Meridian, ID 83642
B. Owner:
Same as applicant
C. Representative:
LR Geomatics, PLLC – 2850 W. Mirmonte St., Meridian, ID 83646
IV. NOTICING
Planning & Zoning
Posting Date
City Council
Posting Date
Newspaper notification 8/30/2019 9/27/2019
Radius notification mailed to
properties within 300 feet 8/27/2019 9/24/2019
Applicant posting of site 9/1/2019 10/1/2019
Nextdoor posting 8/27/2019 9/24/2019
V. STAFF ANALYSIS
A combined preliminary and final plat is proposed for four residential building lots on 1.41 acres in
the R-4 zoning district. The proposed plat also includes four common lots; three to contain the
required 25-foot landscape buffer along N. Ten Mile Rd., and one for a common drive. The three
interior, eastern-most residential lots are shown as taking access via this common drive.
There is an existing single-family home and an accessory structure currently on the property. The
applicant is proposing to retain the residence while removing the accessory structure. The existing
house currently takes direct access from N. Ten Mile Rd., an arterial roadway. The applicant is
requesting a waiver from Council to retain this direct access rather than take access from the common
drive, per UDC 11-3A-3 (see section F below for further analysis).
A. Future Land Use Map Designation (https://www.meridiancity.org/compplan)
The Future Land Use Map Designation for this property is Medium Density Residential (MDR).
This designation calls for 3-8 dwelling units per acre. The proposed subdivision has a gross
density 2.84 d.u. per acre and a net density of 3.2 d.u. per acre. This density is slightly lower than
what is envisioned by the MDR designation. Since this density is not consistent with the MDR
FLUM designation, the applicant should request a “step-down” in density to Low Density
Residential (LDR) from City Council pursuant to the Comprehensive Plan.
Staff is in support of this lower unit count and a “step-down” in density to LDR as the site is infill
and is constrained by its small size and dimensions which reduces the area of potential buildable
lots. In addition, should the property to the north redevelop and share access with this
development, the combined properties will be restricted to six lots due to the common drive
requirements of UDC 11-6C-3D.1 Overall, the proposed use and density is harmonious with the
existing surrounding residential developments.
Meridian City Council Meeting Agenda November 6, 2019 – Page 228 of 610
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B. Comprehensive Plan Policies (https://www.meridiancity.org/compplan):
Staff finds the following Comprehensive Plan policies to be applicable to this property
and apply to the proposed use (staff analysis in italics):
1. “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)
Staff finds City services are available at this point in time and the development is contiguous
to the City.
2. “Encourage infill development.” (3.04.02B)
Staff finds that, if approved, this proposed development meets the definition of infill
development.
3. “Require appropriate landscaping and buffers along transportation corridor (setback,
vegetation, low walls, berms, etc.)” (3.06.02F)
The submitted plans include a 25-foot landscape buffer along N. Ten Mile Rd., which staff
finds meets the requirements of code.
4. “Provide housing options close to employment and shopping centers.” (3.07.02F)
Major employment and retail developments are planned for the Ten Mile interchange directly
south of this proposed development. In addition, there is a commercial hub at the intersection
of N. Ten Mile Rd. and W. Cherry Ln., less than a quarter-mile to the north.
C. Existing Structures/Site Improvements:
There is an existing single-family home and an accessory structure currently on the property. The
applicant is proposing to retain the residence on Lot 2, Block 1 while removing the accessory
structure. Existing structures remaining on the property must conform the R-4 dimensional
standards.
D. Proposed Use Analysis:
The property is currently zoned R-4. The proposed single-family dwellings are a permitted use in
this zoning as set forth in Table 11-2A-2.
E. Dimensional Standards (UDC 11-2):
The site shall conform with the dimensional standards of the R-4 zoning district as set forth in
Table 11-2A-5. The average lot size is 12,490 square feet with a minimum lot size of 10,747
square feet. Per UDC 11-2A-3B.3, lots taking access from a common drive do not require street
frontage. Staff is recommending that all lots take access from a common drive. The location
of structures shall conform to all applicable setbacks and dimensional requirements.
F. Access (UDC 11-3A-3):
The interior Lots 6, 7, 8, Block 1 are proposed to take access via a common drive to N. Ten Mile
Rd., meeting the street access requirements of UDC 11-3A-3A. The applicant is requesting a
Council waiver to retain the direct access for the existing home out to N. Ten Mile Rd., an arterial
roadway. The stated intent of UDC 11-3A-3 is “to improve safety by limiting and/or combining
access points to arterial streets”. Action Item 3.06.02D of the Comprehensive Plan also directs the
City to “restrict private curb cuts and access points on collector and arterial streets.” Therefore,
staff recommends that the access for the existing home (Lot 2, Block 1) be closed and the lot
take access off the proposed common drive to the north. The draft staff report provided by
ACHD is also contains a site specific condition of approval requiring this revision.
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In addition, staff recommends that a twenty-foot wide access easement from the north
property line to the common drive be granted to the property to the north (1300 N. Ten
Mile Rd.). Should said property redevelop in the future, this will ensure they are able to
utilize existing access points to N. Ten Mile Rd. in accord with the standards of UDC 11-3A-
3A.
G. Parking (UDC 11-3C):
Off-street parking is required to be provided for single-family detached dwellings based on the
number of bedrooms per unit as set forth in UDC Table 11-3C-6.
H. Sidewalks (UDC 11-3A-17):
Unless waived by the director, detached sidewalks are required along all arterial roadways in
accord with UDC 11-3A-17C. Seven-foot wide attached sidewalks currently exist along N. Ten
Mile Rd. and the director has deemed this sufficient. Staff recommends the existing drive be
closed and a seven-foot wide sidewalk be installed to match the surrounding improvements.
I. Landscaping (UDC 11-3B):
A twenty-five foot wide landscaping buffer is proposed along N. Ten Mile Rd. in accord with
UDC 11-3B-7. The plans should be modified to depict the entire landscape buffer adjacent
to Lot 2, Block 1 in a single common lot.
The submitted landscape plan shows the common drive (Lot 4, Block 1) bisecting the landscaping
common lot along N. Ten Mile Rd. This has created a very small, 21-foot by 16-foot, landscaping
common lot at the northwest corner or the property (Lot 5, Block 1) as well as a roughly 75-foot
unbuildable section of Lot 6, Block 1 along the common drive. Staff recommends that this 75-
foot section of Lot 6, Block 1 be combined with the landscaping common lot along N. Ten
Mile Rd. into a single common lot to be maintained by the Nick Estates Homeowners
Association.
J. Qualified Open Space (UDC 11-3G):
At 1.41 acres, the property is less than the five-acre threshold to require qualified open space per
UDC 11-3G-2.
K. Waterways (UDC 11-3A-6):
No waterways present on the property itself. A 3.5-foot wide irrigation easement is located along
the eastern property line for the Eight Mile Lateral.
L. Fencing (UDC 11-3A-6, 11-3A-7):
All fencing constructed on the site is required to comply with the standards listed in UDC 11-3A-
6 and 11-3A-7. Four-foot chain-link fencing along the northern property line and six-foot closed-
vision wood fencing along the southern property line is proposed to remain. These fences meet
the requirements listed above.
M. 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 8,
Block 1). City of Meridian irrigation standards, UDC 11-3B-6E, require that if a PI pump station
is required on the developed property, such station shall be on a lot solely dedicated to that pump
station. Said lot shall be owned by the entity that owns and operates the PI system. The applicant
Meridian City Council Meeting Agenda November 6, 2019 – Page 230 of 610
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should revise the plat and landscape plan to place the PI pump station on its own dedicated
common lot to be owned and maintained by the Owners Association.
N. Utilities (UDC 11-3A-21):
Connection to City water and sewer services is proposed in accord with UDC 11-3A-21. The
existing home will be required to hook up to services within 60 days of Council approval. A
street light plan will need to be submitted prior to the City Engineers signature on the plat.
Street light plan requirements are listed in section 6-7 of the City's Design Standards. One
type 1 streetlight, 35-feet in height with a 12-foot mast arm is required. See Section VIII
below for Public Works comments and conditions.
O. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual):
The applicant has not provided any building elevations. Prior to Commission, the applicant
should provide elevations of the proposed single-family homes to Planning staff.
VI. DECISION
A. Staff:
Staff recommends approval of the proposed combined preliminary and final plat per the
conditions listed in Section VIII.
B. Commission:
C. City Council:
The Meridian City Council heard these items on 10/22/2019. At the public hearing, the Council
moved to approve the subject PFP request.
1. Summary of the City Council public hearing:
a. In favor: Aaron Rush and Nick Shearer
b. In opposition: None
c. Commenting: None
The Meridian Planning & Zoning Commission heard these items on September 19, 2019. At the
public hearing, the Commission moved to recommend approval of the subject Preliminary and Final
Plat request.
1. Summary of Commission public hearing:
a. In favor: Aaron Rush- applicant’s representative; Elizabeth Shranz – owner
b. In opposition: None
c. Commenting: None
d. Written testimony: None
e. Staff presenting application: Kevin Holmes
f. Other Staff commenting on application: Bill Parsons
2. Key issue(s) of public testimony:
a. Condition requirement for a cross access easement with the property to the north.
b. Public Works condition requiring a street light be installed on N. Ten Mile Rd.
3. Key issue(s) of discussion by Commission:
a. Agreement with the condition to require cross-access to property to north.
b. Possibility to work with Public Works to add streetlight to existing Hawks signal.
4. Commission change(s) to Staff recommendation:
a. None
5. Outstanding issue(s) for City Council:
a. None
Meridian City Council Meeting Agenda November 6, 2019 – Page 231 of 610
Page 8
d. Written testimony: None
e. Staff presenting application: Bill Parsons
f. Other Staff commenting on application: Kyle Radek
2. Key issue(s) of public testimony:
a.
b.
Cross access easement with the property to the north.
Installation of a street light on N. Ten Mile Rd.
3. Key issue(s) of discussion by City Council:
a.
Setting parameters for not requiring the installation of the street light with small infill
projects.
4. City Council change(s) to Commission recommendation:
a.
b.
c.
Council waived the requirement for the installation of the street light along N. Ten Mile
Rd.
Council granted the request for the “step-down” in density.
Council denied the waiver request for the applicant to use the existing driveway to
access the existing home on Lot 2, Block 1.
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Page 9
VII. EXHIBITS
A. Preliminary/Final Plat (date: 7/16/2019)
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B. Landscape Plan (date: 7/15/2019)
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C. Elevations
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Meridian City Council Meeting Agenda November 6, 2019 – Page 236 of 610
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VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. The preliminary/final plat included in Section VII.A shall be revised as follows:
a. Lots 1 and 3, Block 1 shall be combined into one common lot to cover the entire
frontage along N. Ten Mile Rd. adjacent to Lot 2, Block 1.
b. Lot 5, Block 1 shall be extended at least 75-feet to the east to cover the entire 16-foot
wide strip of property located on the north side of the shared common drive.
c. The pressurize irrigation pump shall be located on a dedicated common lot to be
owned and maintained by the homeowners association. Add associated note to the
face of the plat stating ownership and maintenance responsibilities.
d. Note 5: Add instrument number.
2. The landscape plan included in Section VII.B shall be revised as follows:
a. Revised Lot and Block numbering to match the submitted preliminary/final plat.
b. Lots 1 and 3, Block 1 shall be combined into one common lot to cover the entire
frontage along N. Ten Mile Rd. adjacent to Lot 2, Block 1. This lot shall be
landscaped to the standards of UDC 11-3B-7C.3.
c. Revise the plan to show the existing home taking access from the shared common
drive.
d. Lot 5, Block 1 shall be extended at least 75-feet to the east to cover the entire 16-foot
wide strip of property located on the north side of the shared common drive.
e. Revise the plan to show the pressurize irrigation pump located on a dedicated
common lot to be owned and maintained by the homeowners association.
3. The applicant shall request a “step-down” in density to Low Density Residential from City
Council pursuant to the Comprehensive Plan. City Council approved the request for the
“step-down” in density.
4. Any remaining structures outside of the existing single family home on Lot 2, Block 1 shall
be removed prior to signature on the final plat by the City Engineer.
5. Close the existing 46-foot wide residential driveway onto N. Ten Mile Rd. located 216-feet
north of Forecast Street with vertical curb, gutter, and seven-foot wide concrete sidewalk to
match the existing improvements on either side.
6. Prior to the Planning and Zoning Commission hearing, provide Planning staff with building
elevations of the proposed single-family homes. Applicant shall construct homes as shown in
Exhibit VII.C.
7. The existing home shall connect to City services within 60 days of Council approval.
8. Prior to signature on the plat by the City Engineer, a minimum 20-foot wide cross-access
easement shall be recorded to allow the property to the north to access the shared common
drive, Lot 4, Block 1.
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9. Prior to signature on the plat by the City Engineer, a common driveway exhibit depicting the
setbacks, fencing, building envelope, and orientation of the lots and structures shall be
provided to the Planning Department.
10. Comply with all bulk, use, and development standards of the R-4 zoning district listed in
UDC Table 11-2A-5.
11. 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.
12. Comply with the sidewalk standards as set forth in UDC 11-3A-17.
13. Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J.
14. Construct storm water integration facilities that meet the standards as set forth in UDC 11-
3B-11C.
15. 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.
16. The applicant shall provide a letter to the Meridian Planning Department from the United
States Postal Service stating the mailbox locations for the development have been approved.
17. 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.
18. All fencing installed shall comply with the standards set forth in UDC 11-3A-7.
19. 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.
20. All common open space shall be maintained by an owner's association as set forth in UDC
11-3G-3F1.
21. The project is subject to all current City of Meridian ordinances.
22. 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.
23. The applicant has a continuing obligation to comply with the outdoor lighting provisions as
set forth in UDC 11-3A-11.
24. The applicant, property owner, and/or managing body shall have an ongoing obligation to
maintain all landscaping and constructed features within the clear vision triangle consistent
with the standards in UDC 11-3A-3.
25. 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.
Meridian City Council Meeting Agenda November 6, 2019 – Page 238 of 610
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26. 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.
27. The combined preliminary and final 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.
28. 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. Sanitary sewer service to this development is available via extension of existing mains
adjacent to the development. The applicant shall install mains to and through this subdivision;
applicant shall coordinate main size and routing with the Public Works Department, and
execute standard forms of easements for any mains that are required to provide service.
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. Water service to this site is available via extension of existing mains adjacent to the
development. The applicant shall be responsible to install water mains to and through this
development, coordinate main size and routing with Public Works.
3. 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.
4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A.
5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete
fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat.
6. The City of Meridian requires that the owner post with the City a performance surety in the
amount of 125% of the total construction cost for all incomplete sewer, water 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 applicant shall be required to enter into a Development Surety
Agreement with the City of Meridian. 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.
7. 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 water infrastructure for a
duration of two years. This surety amount will be verified by a line item final cost invoicing
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.
Meridian City Council Meeting Agenda November 6, 2019 – Page 239 of 610
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8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-
health improvements, prior to City Engineer signature on the final plat and/or prior to
occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C.
9. 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.
10. 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.
11. Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
12. Developer shall coordinate mailbox locations with the Meridian Post Office.
13. All grading of the site shall be performed in conformance with MCC 11-1-4B.
14. 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.
15. The engineer shall be required to certify that the street centerline elevations are set a
minimum of 3-feet above the highest established peak groundwater elevation. This is to
ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above.
16. 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.
17. 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.
18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for
Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights
shall be installed at developer’s expense. Final design shall be submitted as part of the
development plan set for approval, which must include the location of any existing street
lights. The contractor’s work and materials shall conform to the ISPWC and the City of
Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian
Transportation and Utility Coordinator at 898-5500 for information on the locations of
existing street lighting.
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19. The applicant shall provide easement(s) for all public water/sewer mains outside of public
right of way (include all water services and hydrants). The easement widths shall be 20-feet
wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via
the plat, but rather dedicated outside the plat process using the City of Meridian’s standard
forms. The easement shall be graphically depicted on the plat for reference purposes. Submit
an executed easement (on the form available from Public Works), a legal description
prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of
the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances
(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a
Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this
document. All easements must be submitted, reviewed, and approved prior to signature of
the final plat by the City Engineer.
20. Applicant shall be responsible for application and compliance with and NPDES permitting
that may be required by the Environmental Protection Agency.
21. 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 Water
Department at (208)888-5242 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.
22. Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for
abandonment procedures and inspections.
23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 9-1-28.C.1). 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 development plan approval.
24. 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.
C. FIRE DEPARTMENT
1. All roadways shall be marked “No Parking Fire Lane” per International Fire Code Sections
503.3 & D103.6.
2. Fire Flow: One and two family dwellings not exceeding 3,600 square feet require a fire-flow
of 1,000 gallons per minute for a duration of 1 hours to service the entire project. One and
two family dwellings in excess of 3,600 square feet require a minimum fire flow as specified
in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as
required by Appendix C of the International Fire Code.
3. Roadways: All entrances, internal roads, drive aisles, and alleys shall have a turning radius of
28’ inside and 48’ outside, per International Fire Code Section 503.2.4.
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4. Emergency response routes and fire lanes shall not be allowed to have traffic calming devices
installed without prior approval of the Fire Code Official. National Fire Protection IFC
503.4.1.
5. Access: Operational fire hydrants, temporary or permanent street signs, and access roads with
an all-weather surface are required to be installed before combustible construction material is
brought onto the site, as set forth in International Fire Code Section (IFC) 501.4.
6. Addressing: The applicant shall work with Public Works and Planning Department staff to
provide an address identification plan and a sign which meets the requirements of the City of
Meridian sign ordinance and is placed in a position that is plainly legible and visible from the
street or road fronting the property, as set forth in International Fire Code Section 505.1 and
Meridian Amendment 104-4-1.
D. POLICE DEPARTMENT
No comments provided
E. NAMPA MERIDIAN IRRIGATION DISTRICT
http://weblink.meridiancity.org/WebLink8/0/doc/176148/Page1.aspx
F. ADA COUNTY HIGHWAY DISTRICT (DRAFT)
http://weblink.meridiancity.org/WebLink8/0/doc/176953/Page1.aspx .
G. IDAHO TRANSPORTATION DEPARTMENT
http://weblink.meridiancity.org/WebLink8/0/doc/176080/Page1.aspx
H. CENTRAL DISTRICT HEALTH DEPARTMENT
http://weblink.meridiancity.org/WebLink8/0/doc/176143/Page1.aspx
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IX. FINDINGS
1. Combined Preliminary/Final Plat Findings:
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 Council finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan in regard to land use, transportation, and circulation.
b. Public services are available or can be made available and are adequate to accommodate
the proposed development;
The Council finds that public services will be provided to the subject property upon
development.
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 development at
their own cost, the 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 Council relied upon the comments from the public service providers (i.e., Police, Fire,
ACHD, etc.) to determine this finding.
e. The development will not be detrimental to the public health, safety or general welfare;
and
The Council is not aware of any health, safety, or environmental problems associated with the
platting of this property. ACHD considers road safety issues in their analysis. The Council
considered all public testimony presented when determining whether or not the proposed
subdivision may cause health, safety or environmental problems.
f. The development preserves significant natural, scenic or historic features.
The Council is unaware of any significant natural, scenic, or historic features that exist on this
site.
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