Bainbridge North Addendum to DA H-2019-0074ADA COUNTY RECORDER Phil McGrane 2019-127583
BOISE IDAHO Pgs=42 LISA BATT 12/19/2019 12:54 PM
CITY OF MERIDIAN, IDAHO NO FEE
ADDENDUM TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Brighton Investments, TLC, Owner/Developer
THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this day
of_Df-c.&MV,�u- 2019, ("ADDENDUM"), by and between City of Meridian, a municipal
corporation of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian, Idaho
83642 and Brighton Investments, LLC, ("OWNER/DEVELOPER"), whose address is 2929 W.
Navigator #400, Meridian, ID 83642.
RECITALS
A. CITY and OWNER/DEVELOPER entered into that certain Development
Agreement that was recorded on May 23, 2018 in the real property records of Ada County as
Instrument No. 2018-047368 ("DEVELOPMENT AGREEMENT").
B. CITY and OWNER/DEVELOPER now desire to amend the Development
Agreement, which terms have been approved by the Meridian City Council in accordance with Idaho
Code Section 67-6511.
C. On the 24"' day of September, 2019, the Meridian City Council approved certain
Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been
incorporated into this Agreement and attached as Exhibit "B".
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
1. OWNEWDEVELOPER shall be bound by the terms of the Development Agreement recorded
in the records of Ada County as Instrument No. 2018-047368, except as specifically amended as
follows:
The updated Development Plan for the site approved on September 24, 2019 is hereby attached
as Exhibit "A".
5.1. Owner/Developer shall develop the Property in accordance with the following special
conditions:
1. Prior to issuance of any building permits other than for the community center on
the subj ect property, the property shall be subdivided. A building permit is allowed to
be issitedfor the community centerprior to recordation ofthe final plat. Prior to submittal
of building permit application, a Certificate of Zoning Compliance and Design Review
application is required to be submitted and approved by the Planning Division.
ADDENDUM 'FODEVELOPMENT AGREEMENT —IIAINBIZIDGI"NORTH —11-2019-0074 Page lof3
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ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made it
effective as hereinabove provided.
OWNER/DEVELOPER:
Brighton I�nvestments, LLC
By: Y7161,Q. 14l F/
Its: h-kbr i2e,4 5i!jvwy
CITY OF MERIDIAN
By:
Mayor Tammy de Weerd [3�►
STATE OF IDAHO )
ss:
County of Ada, )
M
�+ City Or
w
E IDIANT*
0o10
SEAL
A, 4(6�Me 1jec4-her1t�, C)epul� Gerk
On this V"'dayof ��64'1'l. k , 2019, before me, the undersigned, a Notary Public in and for
said State, personally appeared g(a I(L 0. 4U1*' , known or identified to me to
be the Vri7eA �A of Brighton Investments, LLC and the person who signed above
and acknowledged to me that le executed the same on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my tan and affixe my official seal the day and year in
this certificate first
AMANDA MCCURRY
(SEAL) COMMISSION X28
NOTARY PUBLIC Notat Public for Ida
STATE OF IDAHO
MY COMMISSION EXPIRES 04/15Ja0e,3 Residing at: [ti
My Commission Expires: 'ills 2023
STATE OF IDAHO )
. ss
County of Ada
On this ��da f 1��C2UY1ijQ,li , 2019, before me, a Notary Public, personally appeared
Tammy de Weerd and-f
lknown or identified to me to be the Mayor and CGerrc respectively, of
the City of Meridian, who execute the instrument or the person that executed the instrument on behalf of said
City, and acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in
this certificate first above written. _ _
CHARLENE WAY D%1fiAUU1U4h -
L)COMMISSION #67390 Notary Public dahQ
NOTARY PUBLIC Residing at:
STATE OF IDAHO
A I j I -an T -b -
MY COMMISSION EXPIRES 3/28422 Commission expires:
ADDENDUM TO DEVELOPMENT AGREEMENT — BAINBRIDGE NORTH — I-1-2019-0074 Page 3 of 3
Bainbridge North - H-2019-0074
Exhibit A - Development Plan
Meridian City Council Meeting Agenda December 17, 2019 – Page 205 of 504
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0074 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for a Development Agreement Modification to Update the Conceptual
Development Plan; Preliminary Plat Consisting of 165 Building Lots and 13 Common Lots on 35.57
Acres of Land in the R-15 Zoning District; and Planned Unit Development in the R-15 Zoning
District for Bainbridge North, by Brighton Investments, LLC.
Case No(s). H-2019-0074
For the City Council Hearing Date of: September 10, 2019 (Findings on September 24, 2019)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of September 10, 2019, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of September 10, 2019, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of September 10,
2019, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of September 10, 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 September 24, 2019 – Page 58 of 257
EXHIBIT B
Meridian City Council Meeting Agenda December 17, 2019 – Page 206 of 504
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0074 - 2 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of September 10, 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, Planned Unit Development and Development
Agreement Modification is hereby approved per the conditions of approval in the Staff Report
for the hearing date of September 10, 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 Planned Unit Development Duration
Please take notice that the planned unit development, when granted, shall be valid for a
maximum period of two (2) years unless otherwise approved by the City. During this time, the
applicant shall commence the use as permitted in accord with the conditions of approval, satisfy
the requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For planned
unit developments approved concurrently with platting, the final plat must be signed by the
City Engineer within this two (2) year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-5B-6.G.1, the Director may authorize a single extension of the time to commence the
Meridian City Council Meeting Agenda September 24, 2019 – Page 59 of 257Meridian City Council Meeting Agenda December 17, 2019 – Page 207 of 504
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0074 - 3 -
use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as
determined and approved by the City Council may be granted. With all extensions, the Director
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title 11(UDC 11-5B-6F).
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six (6) months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six (6) month approval
period.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of September 10, 2019
Meridian City Council Meeting Agenda September 24, 2019 – Page 60 of 257Meridian City Council Meeting Agenda December 17, 2019 – Page 208 of 504
By action of the City Council at its regular meeting held on the
2019.
COUNCIL PRESIDENT JOE BORTON
COUNCIL VICE PRESIDENT LUKE CAVENER
COUNCIL MEMBER ANNE LITTLE ROBERTS
COUNCIL MEMBER TY PALMER
COUNCIL MEMBER TREG BERNT
214'141
day of
VOTED ,
VOTED A..n
VOTED_ _ 1'yP
VOTED
VOTED
COUNCIL MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD VOTED
TIE BREAKER)
Mayor Tammy de Weerd
Attest:
Clem// O 0
U///^
SEAL41,
F2 XPii
Copy served upon Applicant,
Attorney.
By: Dated:
City Clerk's Office
t Department, Public Works Department and City
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0074 - 4 -
Meridian City Council Meeting Agenda December 17, 2019 – Page 209 of 504
EXHIBIT A
Page 1
HEARING
DATE:
9/10/2019
TO: Mayor & City Council
FROM: Sonya Allen, Associate Planner
208-884-5533
Bruce Freckleton, Development
Services Manager
208-887-2211
SUBJECT: H-2019-0074
Bainbridge North
LOCATION: SEC of W. Chinden Blvd./SH 20-26 and
N. Tree Farm Way (NE ¼ of Section 27,
T.4N., R.1W.)
I. PROJECT DESCRIPTION
The Applicant has submitted the following applications:
Modification to the Development Agreement (Inst. #2018-047368) to update the conceptual
development plan for the site;
Preliminary Plat consisting of 165 building lots and 13 common lots on 35.57 acres of land in the
R-15 zoning district;
Planned Unit Development incorporating a variety of housing types with deviations to the typical
R-15 building setback requirements;
Private Street for internal gated privately owned streets within the development; and,
Alternative Compliance to the following UDC standards:
1) Table 11-3C-6, which requires parking pads to be provided in addition to garage spaces, to
not be required to provide parking pads due to the age restricted (55+) residents and the
anticipation they will have fewer vehicles;
2) 11-3F-4.A.4, which restricts development to no more than 50 dwelling units with a gated
entrance to the development;
3) 11-3F-4A.6, which doesn’t allow common driveways to be accessed off private streets;
4) 11-3F-4B.2b, which requires private streets to have a travel lane of 24’ or 26’ as determined
by the Fire Marshall relative to the height and size of the proposed structures that adjoin the
private street; and,
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
Meridian City Council Meeting Agenda September 24, 2019 – Page 62 of 257Meridian City Council Meeting Agenda December 17, 2019 – Page 210 of 504
Page 2
5) 11-3F-4B.2d, which requires all drive aisles to be posted as fire lanes with no parking
allowed and the curbs next to the drive aisle to be painted red.
Note: The private street and alterative compliance applications are reviewed by the Director;
Commission/Council action is not required.
II. SUMMARY OF REPORT
A. Project Summary
B. Community Metrics
Description Details Page
Acreage 35.57
Future Land Use Designation MDR (3-8 units/acre)
Existing Land Use Vacant/undeveloped
Proposed Land Use(s) SFR
Current Zoning R-15
Proposed Zoning NA
Lots (# and type; bldg/common) 165 building/13 common
Phasing plan (# of phases) 2 phases
Number of Residential Units (type
of units)
165
Density (gross/net) 4.64 units/acre (gross); 8.97 units/acre (net)
Open Space (acres, total [%] /
buffer / qualified)
9.38 acres (26.37%)
Amenities Regional pathway, community center
Physical Features (waterways,
hazards, flood plain, hillside)
NA
Neighborhood meeting date; # of
attendees:
1/16/19 and 6/13/19 (see application for list of attendees)
History (previous approvals) H-2018-0004 (AZ - DA #2018-047368, PP)
Ada County Highway District
Staff report (yes/no) Yes
Requires ACHD Commission
Action (yes/no)
No
Access (Arterial/Collectors/State
Hwy/Local)(Existing and Proposed)
1) Access via N. Tree Farm Way and (1) access via W.
Lost Rapids Dr., both collector streets; private streets
internally
Stub Street/Interconnectivity/Cross
Access
No stub streets were required to the commercial property
to the east
Existing Road Network N. Tree Farm Way and W. Lost Rapids Dr., both collector
streets, are existing
Existing Arterial Sidewalks /
Buffers
Detached sidewalks exist along the collector streets
Proposed Road Improvements None
Meridian City Council Meeting Agenda September 24, 2019 – Page 63 of 257Meridian City Council Meeting Agenda December 17, 2019 – Page 211 of 504
Page 3
Fire Service
Distance to Fire Station 1.8 miles from Fire Station #5
Fire Response Time 4:00 minutes under ideal conditions
Resource Reliability 81% (does not meet targeted goal of 85% or greater)
Risk Identification 1 (current resources would be adequate)
Accessibility Meets all required access, road widths and turnarounds
Special/resource needs Won’t require an aerial device
Water Supply Requires 1,000 gallons per minute for one hour
Other Resources NA
Police Service
Distance to Police Station 8 miles
Police Response Time 5 minutes
Calls for Service 402 within one mile of site between 4/1/2018 and
3/31/2019
Accessibility No issues with access
Specialty/resource needs None
Crimes None
Crashes None
West Ada School District
Distance (elem, ms, hs) No comments received
Capacity of Schools
of Students Enrolled
Wastewater
Distance to Sewer Services 0 feet
Sewer Shed North Black Cat Trunkshed
Estimated Project Sewer
ERU’s
See application
WRRF Declining Balance 13.69
Project Consistent with
WW Master Plan/Facility
Plan
Yes – Flows committed with annexation
Water
Distance to Water Services 0 feet
Pressure Zone One
Estimated Project Water
ERU’s
See application
Water Quality None
Project Consistent with
Water Master Plan
Yes
Impacts/Concerns
Distance to nearest City Park (+
size)
Directly across the street from 7.5 acre City park
Distance to other key services Within a half mile of a grocery store (Walmart)
Meridian City Council Meeting Agenda September 24, 2019 – Page 64 of 257Meridian City Council Meeting Agenda December 17, 2019 – Page 212 of 504
Page 4
C. Project Area Maps
III. APPLICANT INFORMATION
A. Applicant:
Brighton Investments, LLC – 2929 W. Navigator #400, Meridian, ID 83642
B. Owner:
Same as Applicant
C. Representative:
Michael D. Wardle, Brighton Corporation – 2929 W. Navigator #400, Meridian, ID 83642
Future Land Use Map Aerial Map
Zoning Map Planned Development Map
Meridian City Council Meeting Agenda September 24, 2019 – Page 65 of 257Meridian City Council Meeting Agenda December 17, 2019 – Page 213 of 504
Page 5
IV. NOTICING
Planning & Zoning
Posting Date
City Council
Posting Date
Newspaper Notification 7/26/2019 8/23/2019
Radius notification mailed to
properties within 300 feet 7/23/2019 8/20/2019
Public hearing notice sign posted
on site 8/1/2019 8/27/2019
Nextdoor posting 7/23/2019 8/20/2019
V. STAFF ANALYSIS
A. Future Land Use Map Designation (https://www.meridiancity.org/compplan) and Comprehensive
Plan Policies (https://www.meridiancity.org/compplan):
Medium Density Residential (MDR) – The MDR designation allows smaller lots for residential
purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8
units per acre.
The Applicant’s proposal to develop the site with a mix of single-family attached and detached
homes consisting of a total of 165 units at a gross density of 4.64 units per acre (net density of
8.97 units per acre) is consistent with the MDR FLUM designation.
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):
Provide for a wide diversity of housing types (single-family, modular, mobile homes and
multi-family arrangements) and choices between ownership and rental dwelling units for all
income groups in a variety of locations suitable for residential development.” (3.07.03B)
The proposed mix of attached and detached units will contribute to the diversity in housing
types in the northern portion of the City. Staff is unaware if the proposed units will be owner
occupied or rental units.
Provide housing options close to employment and shopping centers.” (3.07.02D)
The proposed development will provide housing options in close proximity to the existing and
future employment and shopping centers along the Chinden Blvd. and Ten Mile corridors.
Require open space areas within all development.” (6.01.01A)
Qualified open space is proposed to be provided in accord with the standards listed in UDC
11-3G-3.
Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City.” (3.01.01F)
Urban services can be provided to this development, which has been annexed into the City.
Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D);
Access is proposed via the adjacent collector streets; access via a local street is not
available. Direct access to W. Chinden Blvd. is prohibited
Require pedestrian access connectors in all new development to link subdivisions together to
promote neighborhood connectivity as part of a community pathway system.” (3.03.03B)
A pathway connection is proposed to the east to the future commercial development for
pedestrian connectivity; no other neighborhoods adjoin this site. A 10-foot wide segment of
Meridian City Council Meeting Agenda September 24, 2019 – Page 66 of 257Meridian City Council Meeting Agenda December 17, 2019 – Page 214 of 504
Page 6
the multi-use pathway is required to be constructed along Chinden Blvd. to provide
pedestrian connectivity to the area.
B. Proposed Development Applications:
Development Agreement Modification: Modification to the Development Agreement (DA)
Inst. #2018-047368) to update the conceptual development plan for the site. The existing and
proposed plan is for a mix of single-family attached and detached units for seniors age 55 and
older; the layout of the development is the only thing that has changed.
The existing plan depicts a central common area surrounded by building lots; the proposed plan
depicts a gated community with 3 large separate active and passive common areas dispersed
throughout the development accessed by gated private streets (see Section VII.A).
The Applicant also requests to be allowed to obtain one (1) building permit for the
clubhouse prior to the final plat recording. Staff is amenable to this request to support the
marketing of the development and recommends the existing DA provision which prohibits
any building permits from being issued on the subject property until it is subdivided is
amended accordingly (see Section VIII.A.1a).
Preliminary Plat: The proposed preliminary plat consists of 165 building lots and 13 common
lots on 35.57 acres of land in the R-15 zoning district and is proposed to develop in two (2)
phases as shown on the phasing plan (see Section VII.B).
Planned Unit Development: A Planned Unit Development is proposed to enable the provision of
a mix of attached and detached age-qualified 55+ dwelling units that incorporate a variety of
housing types and setbacks unique to unit and site design. The development is proposed to be
gated for security purposes and have private streets, alleys and a common driveway for access to
the units within the development. Deviations to the typical R-15 building setback requirements
are proposed as noted below (F); and to UDC 11-6C-3B.5, which requires alleys to be designed
so that the entire length is visible from a public street.
Private Streets: Gated private streets are proposed internally for access to the lots in the
development. This application requires approval from the Director and does not require
Commission/Council action.
Alternative Compliance: Alternative Compliance is requested to the following UDC standards:
1) Table 11-3C-6, which requires parking pads to be provided in addition to garage spaces,
to not be required to provide parking pads due to the age restricted (55+) residents and
the anticipation they will have fewer vehicles;
2) 11-3F-4.A.4, which restricts development to no more than 50 dwelling units with a gated
entrance to the development, to allow 165 units with a gated entrance;
3) 11-3F-4A.6, which doesn’t allow common driveways to be accessed off private streets, to
allow one (1) common driveway to be accessed off the adjacent private street;
4) 11-3F-4B.2b, which requires private streets to have a travel lane of 24’ or 26’ as
determined by the Fire Marshall relative to the height and size of the proposed structures
that adjoin the private street, to allow 29-foot street sections; and,
5) 11-3F-4B.2d, which requires all drive aisles to be posted as fire lanes with no parking
allowed and the curbs next to the drive aisle to be painted red, to allow parking on one
side of the street with the opposite side signed no parking with red painted curbs.
This application requires approval from the Director and does not require Commission/Council
action.
Meridian City Council Meeting Agenda September 24, 2019 – Page 67 of 257Meridian City Council Meeting Agenda December 17, 2019 – Page 215 of 504
Page 7
C. Existing Structures/Site Improvements:
There are no existing structures on this site; detached sidewalks exist along the abutting collector
streets (N. Tree Farm Way and W. Lost Rapids Dr.).
D. Proposed Use Analysis:
The proposed single-family attached and detached dwellings are listed in UDC Table 11-2A-2 as
principal permitted uses in the R-15 zoning district.
E. Dimensional Standards (UDC 11-2A-7):
Future development is subject to the dimensional standards listed in UDC Table 11-2A-7 for the
R-15 zoning district as follows:
The Applicant proposes deviations to some of these standards with the PUD as follows (see PUD
Site Plan in Section VII.E):
Street setback to living area (local): from 10’ to 6’ for traditional - alley garage & alley
park side
Meridian City Council Meeting Agenda September 24, 2019 – Page 68 of 257Meridian City Council Meeting Agenda December 17, 2019 – Page 216 of 504
Page 8
Street setback to living area (alley): from 10’ to 6’
Rear setback: from 12’ to 6’ for traditional - alley garage & alley park side
No deviations to the setbacks are requested or approved to the setbacks along the periphery of the
planned development.
F. Access (UDC 11-3A-3, 11-3H-4):
Access is proposed via two (2) driveways from the abutting collector streets (N. Tree Farm Way
from the west and W. Lost Rapids Dr. from the south) – local street access is not available to this
property; direct access via Chinden Blvd./SH-20/26 is prohibited.
Private streets are proposed on Lot 55, Block 1 for internal access within the development; alleys
are proposed off of private streets for traditional alley-loaded units. Private streets are not
typically intended for single-family developments; however, because the development is
proposed to be gated, creates common mews through the site design and is part of a planned unit
development, Staff is of the opinion private streets are appropriate.
Private streets are required to comply with the design and construction standards listed in UDC
11-3F-4. ACHD has approved the private street connection(s) to the public street(s) contingent
upon the City approving the private street application. Alternative Compliance is requested to
the following private street standards: 1) 11-3F-4.A.4, which restricts development to no
more than 50 dwelling units with a gated entrance to the development, to allow 165 units
with a gated entrance; 2) 11-3F-4A.6, which doesn’t allow common driveways to be accessed
off private streets, to allow one (1) common driveway to be accessed off the adjacent private
street; 3) 11-3F-4B.2b, which requires private streets to have a travel lane of 24’ or 26’ as
determined by the Fire Marshall relative to the height and size of the proposed structures
that adjoin the private street, to allow 29-foot street sections; and, 4) 11-3F-4B.2d, which
requires all drive aisles to be posted as fire lanes with no parking allowed and the curbs
next to the drive aisle to be painted red, to allow parking on one side of the street with the
opposite side signed no parking with red painted curbs.
Staff is of the opinion the proposed design includes innovative design features based on New
Urbanism such as a walkable secure/gated neighborhood, neo-traditional design, pedestrian
connectivity to the future commercial development to the east and a variety of housing types and
sizes and therefore, provides an equal means of meeting the intent and purpose of the
aforementioned regulations. Therefore, the Director approves the requests for Alternative
Compliance to the private street standards.
G. Parking (UDC 11-3C-6):
Off-street parking is required for each dwelling unit in accord with UDC 11-3C-6, based on the
number of bedrooms per unit; garage spaces as well as outside parking pads are required.
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Alternative Compliance to UDC Table 11-3C-6 is requested to not be required to provide
outside parking pads due to the age restricted (55+) residents and the anticipation they will
have fewer vehicles.
Because 29’ wide private streets are proposed within the development, parking is allowed
on one side of the street and should be provided on the street side adjacent to the alley
accessed units rather than the patio homes with front accessed garages to allow for more
spaces that aren’t encumbered by driveways. Planning and Fire Dept. Staff are concerned
there will not be adequate parking for guests. Therefore, Staff recommends a minimum of
14 additional parking spaces are provided between the two large common areas on Lots 112
and 154 for additional guest parking as a provision of the Alternative Compliance request.
With the additional parking, the Director approves the Alternative Compliance request.
One parking space per every 500 square feet of gross floor area is required for non-residential
uses. The community center is proposed to be in the 6,000-7,000 square foot range which would
require 12-14 spaces. The PUD site plan depicts 28 parking spaces, exceeding the minimum
requirements, off the private streets on either side of the community center near the southern
portion of the development. The extra spaces will contribute to the guest parking needed for the
site.
H. Pathways (UDC 11-3A-8, 11-3H-4C-4):
A detached 10-foot wide multi-use pathway is required to be constructed with a public use
easement within the street buffer along W. Chinden Blvd. per UDC 11-3H-4C.4. A micro-
pathway is proposed to the east to the future commercial development at the northeast corner of
the development. Landscaping is required adjacent to pathways in accord with the standards
listed in UDC 11-3B-12C.
Although a pathway is needed for interconnectivity with the commercial development to the
east, the proposed location between Lots 31 and 32 is not ideal as it connects to a driveway
at the entrance of the future commercial development from Chinden Blvd. – there is no
pathway connection planned on the commercial site which will present a safety hazard to
pedestrians. Therefore, Staff recommends the pathway is shifted further to the south in the
vicinity of Lot 41, Block 1 in alignment with the sidewalk on the north side of the Costco
building; or, the Applicant coordinate with the developers of the Costco site to provide a
safe pedestrian connection elsewhere between the two developments that avoids
pedestrian/vehicular conflicts.
Depict one (1) additional pathway for unrestricted access to pedestrians and bicycles within
the proposed development in accord with UDC 11-3F-4A.4c in the vicinity of Lot 67, Block
1.
I. Sidewalks (UDC 11-3A-17):
Detached sidewalks exist along the abutting collector streets (N. Tree Farm Way and W. Lost
Rapids Dr.); a detached sidewalk/pathway is required along W. Chinden Blvd.; detached
sidewalks are proposed internally adjacent to private streets.
J. Parkways (UDC 11-3A-17):
Parkways are required to be constructed per the standards listed in UDC 11-3A-17E and
landscaped per the standards in 11-3B-7C. Eight-foot wide parkways are proposed abutting all
private streets except where attached sidewalks are proposed adjacent to Lot 133, Block 1 where
parking is proposed adjacent to the community center.
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K. Landscaping (UDC 11-3B):
Landscaping is required within street buffers (11-3B-7C), adjacent to pathways (11-3B-12C),
within parkways (11-3A-17E and 11-3B-7C), and within common open space areas (11-3G-3E)
in accord with UDC standards.
L. Qualified Open Space (UDC 11-3G-3):
A minimum of 10% qualified open space is required to be provided within the development;
based on 35.57 acres of land, a minimum of 3.56 acres is required.
The qualified open space exhibit in Section VII.D depicts 9.38 acres (or 26.37%) of qualified
open space consisting of parkways, street buffers along collector streets and internal common
open space areas. Although a few of the areas counted do not meet the requirements for qualified
open space (i.e. end caps), the proposed open space far exceeds UDC standards without those
areas.
M. Qualified Site Amenities (UDC 11-3G-3):
A minimum of two (2) site amenities are required to be provided within the development based
on 35.57 acres of development area.
A 10-foot wide multi-use pathway is proposed within the street buffer along W. Chinden Blvd., a
pathway connection is proposed to the east, and a community clubhouse, pool and outdoor
activity complex are proposed as amenities exceeding the minimum UDC standards.
N. Private Open Space (UDC 11-7-4B)
In addition to the afore-noted common open space & site amenity requirements, a minimum of 80
square feet of private, usable open space is required to be provided for each residential unit in a
planned unit development. This can be satisfied through porches, patios, decks and enclosed
yards; landscaping, entryway and other accessways do not count toward this requirement. The
Applicant proposed patio areas, porches and abutting yard space(s) in excess of 80 s.f. for each
unit.
O. Noise Abatement (UDC 11-3H-4D)
Noise abatement is required for residential uses adjoining state highways (i.e. US 20-26/Chinden
Blvd.) as set forth in UDC 11-3H-4D. The applicant has submitted a cross-section of the noise
abatement proposed along Chinden Blvd. consisting of a 4-foot tall berm and 6-foot tall
wood fence (see Sheet PPL1.5 of the landscape plan in Section VII.C). Wood fencing is not
qualify as a noise attenuating material; wall materials are required to consist of impervious
concrete or stucco or other appropriate attenuating material. Additionally, monotonous
walls are not allowed and must have vary in color and/or texture every 300’ and/or the wall
should be staggered every 300’ in accord with the standards in UDC 11-3H-4D.3. A revised
detail of the proposed noise abatement should be submitted with the final plat application
that complies with this standard.
P. Subdivision Design & Improvement Standards (UDC 11-6C-3)
Alleys (UDC 11-6C-3B.5): Alleys are required to comply with the standards listed in UDC 11-
6C-3B.5. Parking is not allowed within alleys; “No Parking – Fire Lane” signs should be
installed accordingly within the development. The parallel parking spaces off the alleys are
allowed.
Alleys are required to be designed so that the entire length is visible from a public street; none of
the proposed alleys are visible from public streets as private streets are proposed within the
development. Deviation from this standard is requested with the PUD to allow the alleys as
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proposed. Staff is of the opinion the proposed overall design of the development includes
innovative design features based on New Urbanism such as a walkable secure/gated
neighborhood, neo-traditional design, pedestrian connectivity to the future commercial
development to the east and a variety of housing types and sizes and therefore, provides an equal
means of meeting the intent and purpose of the aforementioned standard. Therefore, the Director
approves the requests for Alternative Compliance.
Common Driveways (UDC 11-6C-3D): One common driveway is proposed on Lot 5, Block 1
providing access to Lots 6 and 7, Block 1. Common driveways are required to comply with the
standards listed in UDC 11-6C-3 as follows: The driveways for Lots 4 and 8 are required to be
located on the opposite side of the shared property line away from the common driveway;
solid fencing adjacent to common driveways is prohibited unless separated by a minimum
5-foot wide landscape buffer; an exhibit should be submitted with the final plat application
depicting the setbacks, fencing, building envelope and orientation of the lots and structures
accessed by the common driveway; lots abutting the common driveway that aren’t taking
access from the driveway should also be depicted with driveways on the opposite side of the
lot from the common driveway; 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. Alternative Compliance is
requested to 11-3F-4A.6, which doesn’t allow common driveways off of a private street (see
analysis above under V.G).
Block face: In residential districts, the UDC (11-6C-3F) limits block faces to 750’ in length
without an intersecting street or alley; except where a pedestrian connection is provided in which
case the maximum block face may be extended up to 1,000’ in length, or with Council approval
where block design is constrained by certain site conditions as detailed in UDC 11-6C-3F.3
which include when the property abuts an arterial street or highway as is the case in this instance.
The face of Block 1 on the north side of W. Silver River Ln. (Lots 9-29) exceeds the
maximum block length of 750’ at approximately 1,000’ and a pedestrian connection is not
provided which would allow the block length to extend to 1,000’. The City Council may
approve a block face up to 1,200’ in length where block design is constrained by site
conditions that include an abutting arterial street or highway such as this; Council approval
is required – otherwise the plat must be reconfigured to comply with this standard.
Q. Waterways (UDC 11-3A-6):
There are no waterways that exist on or cross this site.
R. Fencing (UDC 11-3A-7):
All proposed fencing is required to comply with the standards listed in UDC 11-3A-7.
Six-foot tall wood fencing is proposed around the perimeter of the development with 5-foot tall
clear vision metal fencing along interior common areas. Note: Wood fencing is not allowed along
the northern boundary as a sound attenuating material for noise abatement adjacent to the state
highway as mentioned above.
S. 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.
Street lighting is required to be installed within the development in accord with the City’s adopted
standards, specifications and ordinances.
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T. Pressurized Irrigation System (UDC 11-3A-15)
An underground PI system is proposed to be provided to each lot in the subdivision in accord
with UDC 11-3A-15. The system will be operated and maintained by the Homeowner’s
Association.
U. 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.
V. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual):
Conceptual building elevations are proposed as shown in Section VII.F for the single-family
alley-loaded and patio home units. All attached structures are required to comply with the
residential design standards listed in the Architectural Standards Manual. An
administrative design review application must be submitted to the Planning Division and
approved prior to submittal of building permit applications; one design review application
may be submitted for the overall development.
W. Planned Unit Developments (UDC 11-7-4E)
In approving the planned development, the Council may prescribe appropriate conditions,
additional conditions, bonds, and safeguards in conformity with this title that:
1. Minimize adverse impact of the use on other property.
2. Control the sequence and timing of the use.
3. Control the duration of the use.
4. Assure that the use and the property in which the use is located is maintained properly.
5. Designate the exact location and nature of the use and the property development.
6. Require the provision for on-site or off-site public facilities or services.
7. Require more restrictive standards than those generally required in this title.
8. Require mitigation of adverse impacts of the proposed development upon service delivery by
any political subdivision, including school districts, which provides services within the city.
Ord. 05-1170, 8-30-2005, eff. 9-15-2005)
VI. DECISION
A. Staff/Director:
Staff recommends approval of the subject applications with the conditions in Section VII in
accord with the Findings in Section XI. The Director has approved the requests for private streets
and alternative compliance.
B. The Meridian Planning & Zoning Commission heard these items on August 15, 2019. At the
public hearing, the Commission moved to recommend approval of the subject PP and PUD
requests.
1. Summary of Commission public hearing:
a. In favor: Mike Wardle, Brighton Corp.; Jon Wardle, Brighton Corp.
b. In opposition: None
c. Commenting: None
d. Written testimony: Mike Wardle, Brighton Corp.
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e. Staff presenting application: Sonya Allen
f. Other Staff commenting on application: None
2. Key issue(s) of public testimony:
a. The Applicant requests a modification to condition #A.3f in Section VIII to allow the
Developer to submit for alternative compliance to the noise abatement requirements
consistent with UDC 11-3H-4D.4; and
b. The Applicant requests condition #A.13 in Section VIII is deleted that pertains to the
block face exceeding UDC standards as an intersecting alley qualifies as a break in the
block face.
3. Key issue(s) of discussion by Commission:
a. The sound attenuation wall required along SH-20/26 and the Applicant’s request to
allow Alternative Compliance as a means of compliance;
b. The type and size of buffer proposed between the residential development and the future
commercial development (i.e. Costco) to the east;
c. The width of the proposed alleys; and,
d. The location of the pathway connection to the east.
4. Commission change(s) to Staff recommendation:
a. Modification to condition #A.3f in Section VIII as requested by the Applicant;
b. Delete condition #A.13 in Section VIII as requested by the Applicant; and,
c. Modification to condition #A.3a in Section VIII to require the Applicant to work with
Staff to situate the pedestrian connection to the east in a location that makes the most
sense.
5. Outstanding issue(s) for City Council:
a. None
C. The Meridian City Council heard these items on September 10, 2019. At the public hearing, the
Council moved to approve the subject PP, PUD and MDA requests.
1. Summary of the City Council public hearing:
a. In favor: Mike Wardle
b. In opposition: None
c. Commenting: Phillip Morris and Joseph Hammer
d. Written testimony: None
e. Staff presenting application: Sonya Allen
f. Other Staff commenting on application: None
2. Key issue(s) of public testimony:
a.
b.
Traffic on Chinden Boulevard
Location of WASD bus stops on W. Lost Rapids Dr. and safe access for children
loading on the bus.
3. Key issue(s) of discussion by City Council:
a. None
4. City Council change(s) to Commission recommendation:
a. None
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VII. EXHIBITS
A. Existing & Proposed Conceptual Development Plan for Development Agreement
Existing (included in DA #2018-047368):
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Proposed:
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B. Preliminary Plat & Phasing Plan (date: 6/6/2019)
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C. Landscape Plan (date: 6/6/2019)
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D. Qualified Open Space & Site Amenity Exhibits (date: 6/6/2019)
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E. PUD Site Plan (Units & Setbacks) & Site Amenity Plan
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F. Building Elevations
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VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. Within six (6) months of Council’s approval of the findings for the amended development
agreement and prior to submittal of a final plat application, the developer shall sign and
obtain Council approval of the amended development agreement that includes an updated
development plan as shown in Section VII.A and includes the following revision to condition
5.1.5:
a. Prior to issuance of any building permits other than for the community center on the
subject property, the property shall be subdivided. A building permit is allowed to be
issued for the community center prior to recordation of the final plat. Prior to submittal
of a building permit application, a Certificate of Zoning Compliance and Design Review
application is required to be submitted and approved by the Planning Division.
2. The preliminary plat included in Section VII.B, dated 6/6/19 shall be revised as follows:
a. Depict one (1) additional pathway for unrestricted access to pedestrians and bicycles
within the proposed development in accord with UDC 11-3F-4A.4c in the vicinity of Lot
67, Block 1.
b. Depict 14 additional parking spaces for guests on Lots 112 and 154 in addition to those
proposed at the community center on Lot 133; the spaces shall be distributed between the
two lots.
c. Depict zero lot lines on those lots that have shared walls.
3. The landscape plan included in Section VII.C, dated 6/6/19 shall be revised as follows:
a. The pathway on Lot 2 between Lots 31 and 32, Block 1 shall be shifted further to the
south in the vicinity of Lot 41, Block 1 in alignment with the sidewalk on the north side
of the future Costco building to the east; or, the Applicant shall coordinate with the
developers of the Costco site to provide a safe pedestrian connection elsewhere between
the two developments that avoids pedestrian/vehicular conflicts. The Applicant should
work with Staff on the location of the pathway that makes the most sense.
b. Depict one (1) additional pathway for unrestricted access to pedestrians and bicycles
within the proposed development in accord with UDC 11-3F-4A.4c in the vicinity of Lot
67, Block 1.
c. Depict landscaping adjacent to pathways in accord with the standards listed in UDC 11-
3B-12C.
d. Depict the location of the gates across the private street entries to the development; the
gates shall be located a minimum of 50 feet back from the ultimate edge of right-of-way
to the connecting public street to allow sufficient stacking distance as set forth in UDC
11-3F-4A.4.
e. Depict 14 additional parking spaces for guests on Lots 112 and 154 in addition to those
proposed at the community center on Lot 133; the spaces should be distributed between
the two lots.
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f. The detail (#3) for the noise abatement buffer for residential uses adjacent to SH-
20/26/Chinden Blvd. shown on Sheet PPL1.5 shall be revised to comply with the
standards listed in UDC 11-3H-4D.3. Wood fencing doesn’t qualify as a sound
attenuating material. The Director may approve alternative compliance as set forth in 11-
5B-5 where the Applicant has a substitute noise abatement proposal in accord with ITD
standards and prepared by a qualified sound engineer as set forth in UDC 11-3H-4D.4.
4. Private streets within the development are required to comply with the design and
construction standards listed in UDC 11-3F-4. Exception: Alternative Compliance was
approved to UDC 11-3F-4A.6 to allow the common driveway off of the private street; to
UDC 11-3F-4A.4b to allow the development to exceed 50 dwelling units in a gated
development; and to UDC 11-3F-4B.2b, d to allow 29-foot wide private streets with parking
one side of the street.
5. Parking is only allowed on one side of the internal private streets; the opposite sides shall be
signed “No Parking – Fire Lane.” Parking should be provided on the sides in front of the
alley accessed units rather than in front of the patio homes with front accessed garages.
6. No parking is allowed in alleys or within street sections where medians are proposed; install
No Parking – Fire Lane” signage accordingly. The parallel parking spaces off the alleys are
allowed.
7. Off-street parking shall be provided for this site as set forth in UDC 11-3C-6 except that
Alternative Compliance was approved to UDC Table 11-3C-6 not requiring outside parking
pads to be provided for single-family residential units.
8. An exhibit shall be submitted with the final plat application for the lots accessed by the
common driveway that depicts the setbacks, fencing, building envelope and orientation of the
lots and structures in accord with UDC 11-6C-3D. Driveways for abutting properties that
aren’t taking access from the common driveway(s) shall be depicted on the opposite side of
the shared property line away from the common driveway. Solid fencing adjacent to common
driveways is prohibited unless separated by a minimum 5-foot wide landscaped buffer.
9. Provide address signage at the street for homes on Lots 6 and 7, Block 1 accessed by the
common driveway for emergency wayfinding purposes.
10. A perpetual ingress/egress easement shall be filed with the Ada County Recorder for the
common driveway, which shall include a requirement for maintenance of a paved surface
capable of supporting fire vehicles and equipment. A copy of the recorded easement shall be
submitted to the Planning Division prior to signature on the final plat by the City Engineer.
11. Alleys are required to be constructed in accord with the standards listed in UDC 11-6C-3B.5.
Exception: Alternative Compliance was approved which allowed the alleys to be designed so
that the entire length is not visible from a public street since private streets are proposed
within the development.
12. Provide a minimum of 80 square feet of private open space for each residential unit as
required by UDC 11-7-4B in addition to the common open space & site amenity requirements
in UDC 11-3G-3. This can be satisfied through porches, patios, decks and enclosed yards;
landscaping, entryway and other accessways do not count toward this requirement.
13. The face of Block 1 on the north side of W. Silver River Ln. (Lots 9-29) exceeds the
maximum block length of 750’ required by UDC 11-6C-3F; Council approval is needed to
exceed the block face standard. Otherwise the plat shall be reconfigured to comply with this
standard.
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14. All attached structures are required to comply with the residential design standards listed in
the Architectural Standards Manual. An administrative design review application shall be
submitted to the Planning Division and approved prior to submittal of building permit
applications; one design review application may be submitted for the overall development.
B. PUBLIC WORKS
Site Specific Conditions:
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 streetlight future
installation agreement shall be executed for the required lights on Chinden Blvd.
General Conditions:
2. Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to
provide service outside of a public right-of-way. Minimum cover over sewer mains is three
feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall
be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
3. 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.
4. The applicant shall provide easement(s) for all public water/sewer mains outside of public
right of way (include all water services and hydrants). The easement widths shall be 20-feet
wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via
the plat, but rather dedicated outside the plat process using the City of Meridian’s standard
forms. The easement shall be graphically depicted on the plat for reference purposes. Submit
an executed easement (on the form available from Public Works), a legal description
prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of
the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances
marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a
Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this
document. All easements must be submitted, reviewed, and approved prior to development
plan approval.
5. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to use any existing
surface or well water for the primary source. If a surface or well source is not available, a
single-point connection to the culinary water system shall be required. If a single-point
connection is utilized, the developer will be responsible for the payment of assessments for
the common areas prior to prior to receiving development plan approval.
6. 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.
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7. 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.
8. 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.
9. 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.
10. Street signs are to be in place, sanitary sewer and water system shall be approved and
activated, road base approved by the Ada County Highway District and the Final Plat for this
subdivision shall be recorded, prior to applying for building permits.
11. 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.
12. 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.
13. 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.
14. 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.
15. Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
16. Developer shall coordinate mailbox locations with the Meridian Post Office.
17. All grading of the site shall be performed in conformance with MCC 11-12-3H.
18. 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.
19. 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.
20. 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.
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21. 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.
22. 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.
23. 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.
24. The City of Meridian requires that the owner post to the City a warranty surety in the amount
of 20% of the total construction cost for all completed sewer, water and reuse infrastructure
for duration of two years. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,
cash deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service
for more information at 887-2211.
C. FIRE DEPARTMENT
http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=174247
D. POLICE DEPARTMENT
http://weblink.meridiancity.org/weblink8/0/doc/174818/Page1.aspx
E. CENTRAL DISTRICT HEALTH DEPARTMENT
http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=174313
F. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ)
http://weblink.meridiancity.org/weblink8/0/doc/174583/Page1.aspx
G. NAMPA-MERIDIAN IRRIGATION DISTRICT (NMID)
http://weblink.meridiancity.org/weblink8/0/doc/174695/Page1.aspx
H. ADA COUNTY HIGHWAY DISTRICT (ACHD)
http://weblink.meridiancity.org/weblink8/0/doc/175610/Page1.aspx
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IX. FINDINGS
A. 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:
1. The plat is in conformance with the Comprehensive Plan;
The Council finds that the proposed plat is in substantial compliance with the Medium
Density Residential FLUM designation contained in the Comprehensive Plan. Please see
Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more
information.
2. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The Council finds that public services are available and will be provided to the subject
property upon development. (See Exhibit B of the Staff Report for more details from public
service providers.)
3. The plat is in conformance with scheduled public improvements in accord with the
City’s capital improvement program;
Because City water and sewer and any other utilities will be provided by the developer at
their own cost, the Council finds that the subdivision will not require the expenditure of
capital improvement funds.
4. There is public financial capability of supporting services for the proposed
development;
Based on comments provided in Exhibit B from the public service providers (i.e., Police,
Fire, ACHD, etc.), the Council finds there is public financial capability of supporting services
for the proposed development. (See Exhibit B for more detail.)
5. The development will not be detrimental to the public health, safety or general welfare;
and
The Council finds the proposed development will not be detrimental to the public health,
safety or general welfare. ACHD and ITD consider road safety issues in their analyses.
6. The development preserves significant natural, scenic or historic features.
The Council is not aware of any significant natural, scenic or historic features on this site that
need to be preserved.
B. PLANNED UNIT DEVELOPMENT (UDC 11-7-5):
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 a planned development
request, the Council shall make the following findings:
1. The planned unit development demonstrates exceptional high quality in site design
through the provision of cohesive, continuous, visually related and functionally linked
patterns of development, street and pathway layout, and building design.
The Council finds the proposed PUD demonstrates a high quality of development and site
design with amenities that provides unique housing options for those 55 and older in the
community.
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2. The planned unit development preserves the significant natural, scenic and/or historic
features.
The Council is unaware of any significant natural, scenic and/or historic features that may
exist on this site.
3. The arrangement of uses and/or structures in the development does not cause damage,
hazard, or nuisance to persons or property in the vicinity.
The Council finds the proposed use and development of this property will not cause damage,
hazard or nuisance to persons or property in the vicinity.
4. The internal street, bike and pedestrian circulation system is designed for the efficient
and safe flow of vehicles, bicyclists and pedestrians without having a disruptive
influence upon the activities and functions contained within the development, nor place
an undue burden upon existing transportation and other public services in the
surrounding area.
The Council finds the internal private streets should provide for safe internal access to homes
within the development and proposed pedestrian pathway will provide a safe bicycle and
pedestrian route to the adjacent commercial development.
5. Community facilities, such as a park, recreational, and dedicated open space areas are
functionally related and accessible to all dwelling units via pedestrian and/or bicycle
pathways.
The Council finds the proposed subdivision amenities (i.e. swimming pool, community center
and outdoor activity area) are accessible to residents within the development via internal
sidewalks.
6. The proposal complies with the density and use standards requirements in accord with
chapter 2, "District Regulations", of this title.
The Council finds the proposed single-family residential use of the development is a principal
permitted use in the R-15 zoning district and falls within the density desired in this area.
7. The amenities provided are appropriate in number and scale to the proposed
development.
The Council finds the proposed amenities are appropriate for this development and provide a
variety of entertainment for residents.
8. The planned unit development is in conformance with the comprehensive plan.
The Council finds the proposed PUD is in general conformance with the Comprehensive
Plan.
C. PRIVATE STREET (UDC 11-3F-4)
In order to approve the application, the Director shall find the following:
1. The design of the private street meets the requirements of this Article;
The design of the proposed private streets complies with the standards listed in UDC 11-3F-
4A except as approved through alternative compliance. See analysis in Section V for more
information.
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2. Granting approval of the private street would not cause damage hazard, or nuisance, or
other detriment to persons, property, or uses in the vicinity; and
Staff does not anticipate the proposed private streets would cause any hazard, nuisance or
other detriment to persons, property or uses in the vicinity if they are designed as proposed
and constructed in accord with the standards listed in UDC 11-3F-4B.
3. The use and location of the private street shall not conflict with the comprehensive plan
and/or the regional transportation plan.
The location of the private streets does not conflict with the Comprehensive Plan and/or the
regional transportation plan.
4. The proposed residential development (if applicable) is a mew or gated development.
The proposed gated residential development includes mews.
D. ALTERNATIVE COMPLIANCE (UDC 11-3A-19.2A)
In order to grant approval for alternative compliance, the director shall determine the
following findings:
1. Strict adherence or application of the requirements is not feasible; OR
While it’s feasible for the applicant to comply with UDC standards pertaining to off-street
parking and private streets, the Director finds the proposed development offers a unique
design as proposed with the planned unit development.
2. The alternative compliance provides an equal or superior means for meeting the
requirements; and
The Director finds the planned unit development proposed by the applicant as a whole
provides an equal or superior means for meeting the requirements in that it contributes to the
unique character and diversity in housing types available within the City.
3. The alternative means will not be materially detrimental to the public welfare or impair
the intended uses and character of the surrounding properties.
The Director finds that the proposed alternative means will not be detrimental to the public
welfare or impair the intended use/character of the surrounding properties and will actually
contribute to the character and variety of housing types in this area of the City.
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