Percy Subdivision (H-2019-0097)CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0097 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for De-annexation of 0.42 Acres of Land; Modification to Existing
Development Agreement (Instrument No. 2016-007091) to Incorporate the Proposed Development
and Enter into a New Agreement; Rezone of 30.02 Acres of Land from the R-4 Zone to the R-8
Zone; AND Preliminary Plat Consisting of 113 Residential Lots and 11 Common Lots on
Approximately 28.51 Acres of Land in the Proposed R-8 Zone, by Schultz Development.
Case No(s). H-2019-0097
For the City Council Hearing Date of: December 10, 2019 (Findings on January 7, 2020)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of December 10, 2019, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of December 10, 2019, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of December 10,
2019, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of December 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
Meridian City Council Meeting Agenda January 7, 2020 – Page 265 of 552
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0097 - 2 -
Community Development Department, the Public Works Department and any affected party
requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of December 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 de-annexation, rezone, development agreement modification and
preliminary plat is hereby approved per the conditions of approval in the Staff Report for the
hearing date of December 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 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
Meridian City Council Meeting Agenda January 7, 2020 – Page 266 of 552
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0097 - 3 -
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 December 10, 2019
Meridian City Council Meeting Agenda January 7, 2020 – Page 267 of 552
By action of the City Council at its regular meeting held on the 7th day of January ,
2020.
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�/17
COUNCIL MEMBER GENESIS MIL,AM VOTED AA
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor Tammy qWeerd
PIED AUGUST
Attest: Qo
s 0w or
W
IDIAN�=-
hris J s
s SEAL
Jerk
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By:CM&V-004Dated: 1-7-2020
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0097 Percy - 4 -
EXHIBIT A
Page 1
HEARING
DATE:
December 10, 2019
TO: Mayor & City Council
FROM: Bill Parsons, Current Planning
Supervisor
208-884-5533
Bruce Freckleton, Development
Services Manager
208-887-2211
SUBJECT: H-2019-0097
Percy Subdivision
LOCATION: East side of S. Meridian Rd., south
of E. Amity Rd., in the NW ¼ of
Section 31, T.3N., R.1E.
I. PROJECT DESCRIPTION
NOTE: During the November 7, 2019 P/Z hearing, the applicant provided a revised plat for
Commission’s review. The revised plat incorporated some of the modifications recommended
by staff and included new changes that the applicant and the eastern property owner have
negotiated regarding street connectivity and utility stubs. Because these items were topics of
discussion at the hearing, staff has updated the staff report with the revised plans and provided
a strike-through/underline format throughout the document, including all relevant conditions
of approval, to concide with the revised plans.
De-annex 0.42 acres of land currently zoned R-4 to consolidate the property with the adjacent
parcel to the south zoned RUT in Ada County;
Modification to the existing development agreement (Instrument No. 2016-007091) to
incorporate the requested preliminary plat and replace the terms of the agreement;
Rezone of 30.02 acres of land from the R-4 zoning district to the R-8 zoning district; and
Preliminary plat consisting of 113 single-family residential lots and 11 common lots on
approximately 28.51 acres in the proposed R-8 zoning district.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 28.51
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
Meridian City Council Meeting Agenda January 7, 2020 – Page 269 of 552
Page 2
Description Details Page
Future Land Use Designation Mostly LDR with some MDR (5.58 acres) on north end
Existing Land Use(s) Agricultural
Proposed Land Use(s) SFR
Current Zoning R-4
Proposed Zoning R-8
Lots (# and type; bldg./common) 113 building/11 common
Phasing Plan (# of phases) 2
Number of Residential Units (type
of units)
113 single family detached dwellings
Density (gross & net) 3.96 units/acre (gross); 6.02 (net)
Open Space (acres, total
[%]/buffer/qualified)
3.523.66 acres, 12.3512.84%
Amenities Children’s play structure, gazebo
Physical Features (waterways,
hazards, flood plain, hillside)
None
Neighborhood meeting date; # of
attendees:
May 13, 2019; 2 attendees excluding the Applicant
History (previous approvals) South Meridian Annexation (H-2015-0019); DA
Instrument No. 2016-007091
Community Metrics
Description Details Page
Ada County Highway District
Staff report (yes/no) Yes
Requires ACHD Commission
Action (yes/no)
No
Access (Arterial/Collectors/State
Hwy/Local)(Existing and Proposed)
E. Quartz Creek St., collector street, via S. Meridian
Rd./SH-69; consistent with the MSM
Traffic Level of Service
Stub Street/Interconnectivity/Cross
Access
Five (5) stub streets are proposed ( 1-north, 1-south and 3-
east)
Existing Road Network None
Proposed Road Improvements With development, the applicant will be constructing
several local streets for interconnectivity and a collector
street at the mid-mile mark consistent with the MSM, the
UDC and ITD policies. NOTE: A portion of the collector
street is an off-site improvement.
Distance to nearest City Park (+
size)
Nearest City Park is Discovery Park which is
approximately 2 miles from the proposed development
Distance to other key services Nearest services are several miles north of the proposed
development
Fire Service
Distance to Fire Station Fire Station #1 – 3.8 miles
Fire Response Time 7 minutes
Resource Reliability 81% - goal is 85%
Risk Identification 1 - Residential
Accessibility Limited to 30 homes until a secondary emergency access is
provided
Special/resource needs None
Water Supply 1000 GPM
Other Resources None
Meridian City Council Meeting Agenda January 7, 2020 – Page 270 of 552
Page 3
Description Details Page
Police Service
Distance to Police Station Approximately 4.5 miles
Police Response Time Between 5-6 minutes
Calls for Service 41
% of calls for service split by
priority
Priority 1 – 22%
Priority 2 – 75.6%
Priority 3 – 2.4%
Accessibility Access to Meridian Road limited to left-in and right-
in/right-out only (no left out)
Specialty/resource needs None
Crimes 10
Crashes 9
Wastewater
Distance to Sewer Services 0
Sewer Shed South Black Cat
Estimated Project Sewer ERU’s 113
WRRF Declining Balance 13.73
Project Consistent with WW
Master Plan/Facility Plan
Yes
Water
Distance to Water Services 1500 feet
Pressure Zone 5
Estimated Project Water ERU’s 113
Water Quality Yes – lack of supply redundancy
Project Consistent with Water
Master Plan
Yes
Impacts/Concerns None
B. Project Area Maps
Future Land Use Map
Aerial Map
Meridian City Council Meeting Agenda January 7, 2020 – Page 271 of 552
Page 4
III. APPLICANT INFORMATION
A. Applicant/Representative:
Schultz Development
PO Box 1115
Meridian, ID 83680
B. Owner:
Percy Farms, LLC
1250 Stegerman Ct.
Meridian, ID 83642
IV. NOTICING
Planning & Zoning
Posting Date
City Council
Posting Date
Newspaper Notification 10/18/2019 11/22/2019
Radius notification mailed to
properties within 300 feet 10/15/2019 11/21/2019
Public hearing notice sign posted
on site 10/24/2019 11/26/2019
Nextdoor posting 10/15/2019 11/21/2019
V. STAFF ANALYSIS
DE-ANNEXATION:
The applicant request to de-annex 0.42 acres of land currently zoned R-4 to consolidate the property
with the adjacent County RUT parcel to the south in exchange for easement to construct the off-site
portion of the collector street to Meridian Road consistent with ACHD Master Street Map. Prior to
Zoning Map
Planned Development
Meridian City Council Meeting Agenda January 7, 2020 – Page 272 of 552
Page 5
the rezone ordinance approval, the applicant must submit and obtain approval of a County
rezone and property boundary application to ensure the de-annexed portion of the property is
assigned a County zoning designation and consolidated with the adjacent southern parcel.
REZONE:
The Applicant requests to rezone 30.02 acres of land from the R-4 zoning district to the R-8 zoning
district for the development of 113 single-family detached residential homes.
COMPREHENSIVE PLAN (https://www.meridiancity.org/compplan):
The Comprehensive Plan Future Land Use Map (FLUM) designates approximately 5.58 acres of this
site as Medium Density Residential (MDR) and approximately 22.93 acres as Low Density Residential
(LDR). The purpose of the residential designations is to provide a variety of housing types.
MDR designated areas allow smaller lots for residential purposes within City limits. Uses may include
single-family homes at gross densities of 3 to 8 dwelling units per acre (d.u./acre).
LDR designated areas allow for the development of single-family homes on large lots where urban
services are provided. Uses may include single-family homes at gross densities of three (3) dwelling
units or less per acre.
The applicant proposes to develop the 28.51 acre site with 113 single-family homes on various lot
sizes to promote housing diversity. Because this property does have two (2) land use designation (not
parcel specific), the gross density is on the lower end of the MDR density range and the recorded DA
contemplated a future rezone request, staff finds the proposed development is generally consistent
with the Comprehensive Plan without a request for a “step-up.”
GOALS, OBJECTIVES, & ACTION ITEMS: 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)
Only one housing type, single-family detached homes, is proposed within this development;
however, there are a mix of four (4) different lot sizes proposed (i.e. 5,000-8,000); Staff is
unaware if the homes will be owner occupied or rental units.
“Require open space areas within all development.” (6.01.01A)
An open space exhibit is included in Section VII.C that complies with the minimum UDC
standards listed in UDC 11-3G-3. However, the project is located in an under-developed
area of Meridian with limited access to City parks. Further, a majority of the open space is
situated along S. Meridian Road and W. Quartz Creek Street. Therefore, Staff recommends
that the applicant convert lots 6 and 7, Block 4 into common lots to create more useable
internal open space within the proposed development.
“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)
The proposed development is contiguous to the City and urban services can be provided to
this development.
“Consider ACHD’s Master Street Map (MSM) in all land use decisions.” (3.03.04K)
The proposed plat depicts an east/west collector street along the south boundary consistent
with the MSM.
Meridian City Council Meeting Agenda January 7, 2020 – Page 273 of 552
Page 6
“Work with transportation agencies and private property owners to preserve transportation
corridors, future transit routes and infrastructure, road and highway extensions, and to
facilitate access management planning.” (3.01.01J)
The Applicant has been working with ACHD and ITD on the collector street connection to S.
Meridian Rd. (SH 69). The proposed collector street is in the desired location as required by
ITD however; they have required controlled access into the site and restricted the turning
movements to a right-in/right-out/left-in only. The applicant should comply with all ITD
mitigation measures per the TIS study.
“Develop alternative modes of transportation through pedestrian improvements, bicycle
lanes, off-street pathways, and transit-oriented development as appropriate.” (3.03.03D)
Pedestrian walkways are proposed internally throughout the development and a segment of
the City’s multi-use pathway system is proposed off-street along S. Meridian Rd.
DEVELOPMENT AGREEMENT MODIFICATION
The applicant is requesting to modify the recorded Development Agreement (Inst. #2016-
007091). Originally, this property was part of the South Meridian annexation. The recorded
development agreement granted the landowner the authority to rezone and modify the DA at no
charge to the applicant. The amendment is desired so the applicant can develop the property
consistent with the proposed single-family development. The new terms of the agreement will
supersede the previous provisions. Staff’s recommended DA provisions are include in Exhibit
VIII. below.
PRELIMINARY PLAT
The proposed preliminary plat consists of 113 building lots and 8 common lots on 28.51 acres in
a proposed R-8 zone.
The minimum lot size for the development is 5,250 square feet (s.f.) with an average lot size of
7,239 s.f. Four (4) different sizes of lots are proposed (i.e. 5K, 6K, 7K, and 8K square feet) for
the development of traditional front-loaded lots. A lot size rendering is included in Section VII.E
that demonstrates the variety of lots proposed within the development.
Phasing Plan: The subdivision is proposed to develop in two (2) phases as shown on the phasing
plan in Section VII.C. The first phase is the southeastern portion half of the development
consisting of 53 56 lots and includes all of the Meridian Road frontage improvements. The
second phase is the remaining northwestern portion of the development and consists of the other
60 57 lots. Staff is supportive of the phasing plan as proposed by the applicant.
The main useable open space in the development is proposed to be constructed with the
second phase. Staff is concerned that the phasing plan does not take in account the traffic
noise generated from S. Meridian Road/SH69. If the eastern portion of the property is
developed first as proposed, the residents living in the first phase will not have the required
noise mitigation (10-foot tall berm/wall combination) from SH 69. Therefore, the applicant
should revise the phasing plan to develop the second phase first or install the Meridian
Road frontage improvements with the first phase.
Dimensional Standards (UDC 11-2):
The proposed plat and subsequent development is required to comply with the minimum
dimensional standards listed in UDC Tables 11-2A-6 for the R-8 zoning district. The proposed
plat complies with these standards.
Subdivision Design & Improvement Standards (11-6C-3):
Meridian City Council Meeting Agenda January 7, 2020 – Page 274 of 552
Page 7
Compliance with the subdivision design and improvement standards listed in UDC 11-6C-3 is
required, which includes streets, common driveways, pedestrian connections, easements and
block face.
The proposed plat appears to comply with these standards except for Block 1 that fronts on
the west side of S. Ventura Ave. (800’+/-). The UDC allows for City Council to approve
block faces up to 1,200’ in length where block design is constrained by site conditions that
include an abutting highway, which is the case. Staff recommends Council approve the
longer block face with the inclusion that the applicant incorporate of traffic calming at the
vicinity of the mid-block micropath, as proposed, to assist with slowing vehicle traffic.
Common Driveways (UDC 11-6C-3D):
Three One common driveways are is proposed on Lot 9, Block 2, Lot 5, Block 6 and Lot 29,
Block 3 providing access to Lots 7 and 8, Block 2, Lots 2,3 and 4, Block 6 and Lots 30 and 31,
Block 3. Common driveways are required to comply with the standards listed in UDC 11-6C-3 as
follows: The driveways for Lot 10, Block 2, Lot 6, Block 6 and Lot 28, Block 3 are is
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.
Access (UDC 11-3A-3 and 11-3H-4):
Access is proposed via a collector street, E. Quartz Creek Street via S. Meridian Road at the half
mile consistent with ITD, the MSM and the UDC. ITD mitigation for the mid-mile access
requires the applicant to restrict the access to a right-in/right-out/left-in only access. Direct lot
access is prohibited to both the proposed collector street and S. Meridian Road. As noted above,
a portion of the collector street is an off-site improvement to facilitate a Meridian Road
access to this property. The applicant is going to exchange a small sliver of de-annexed
(north boundary) property to the adjacent property owner in order to construct a portion
of this roadway. The 50-foot permanent easement will be constructed to ACHD standards
as a 30-foot paved street section, 3-foot gravel shoulders and 7-foot drainage ditches on each
side. If a WASD bus stop for this development is located adjacent to Meridian Road, staff
recommends that the applicant coordinate with ACHD to construct a 5-foot wide detached
sidewalk along the entire north side of the E. Quartz Creek with the first phase to ensure
safe passage to the school bus stop.
Internal local streets provide access to the residential lots. The applicant is also proposing four (4)
five (5) stub streets along the north, south and east boundary for future extension. A secondary
emergency access is proposed in the northwest corner of the development to S. Meridian Road.
MFD has limited the number of homes in this development to 30 until the secondary access is
provided.
Meridian City Council Meeting Agenda January 7, 2020 – Page 275 of 552
Page 8
Landscaping (UDC 11-3B):
Street buffers are required to be provided as set forth in UDC Table 11-2A-6 for the R-8 district
and landscaped per the standards listed in UDC 11-3B-7C.
A 20-foot wide buffer is required along E. Quartz Creek Street, a collector street; and a 35-foot
wide buffer is required adjacent to S. Meridian Rd. (SH 16), an entryway corridor as proposed.
The street buffer landscaping depicted on the landscape plan in Section VII.C far exceeds UDC
standards. Any landscaping within the ITD shall be landscaped in accord with UDC 11-3B-7C.5.
Qualified Open Space (UDC 11-3G-3):
A minimum of 10% (or 2.85 acres) of the developed site is required to be provided for qualified
open space based on 28.51 acres per the standards listed in UDC 11-3G-3B.
A qualified open space exhibit was submitted as shown in Section VII.D that depicts 3.66
3.52 acres (or 12.84 12.36%) of open space; however a majority of the open space is located
adjacent to major roadways (Meridian Road and E. Quartz Creek Street). The applicant
has increased the size of Lot 6, Block 3 to provide additional common open space that is
internal to the development. Staff is supportive of the common open space proposed with
the development. Staff recommends that the applicant consolidate Lots 6 and 7, Block 4
with Lot 5 to provide a larger central open space within the development.
All stormwater detention facilities counted toward qualified open space are required to be
designed in accord with the standards listed in UDC 11-3B-11C.
Open pond on Lot 4, Block 8 must comply with UDC 11-3G-3 and cannot exceed 25% of the
proposed open space lot in accord with UDC 11-3G-3B.8.
Qualified Site Amenities (UDC 11-3G):
A minimum of two (2) qualified site amenities are required to be provided for the development
based on 28.51 acres of land per the standards listed in UDC 11-3G-3C.
Amenities are proposed as follows: a covered seating area, tot lot with seating benches,
micropaths and a segment of the City’s 10-foot multi-use pathway in excess of UDC standards.
Parking (UDC 11-3C):
Parking for single-family dwellings is required based on the number of bedrooms per unit. For 1-
bedroom units, a minimum of 2 spaces per unit are required with at least one of those spaces in an
enclosed garage, other space may be enclosed or a minimum 10’ x 20’ parking pad. For 2-3
bedroom units, a minimum of 4 spaces per unit are required with at least 2 of those spaces in an
enclosed garage, other spaces may be enclosed or a minimum 10’ x 20’ parking pads. Each of the
units are required to comply with the parking standards set forth in UDC 11-3C-6.
Fencing (UDC 11-3A-7, 11-3H-4D):
All fencing constructed on the site is required to comply with the standards listed in UDC 11-3A-
7.
A 4-foot tall berm with a 6-foot tall concrete wall on top is proposed along the west boundary of
the site adjacent to S. Meridian Road as noise abatement for residential properties from the future
state highway as required by UDC 11-3H-4D (see exhibit in Section VII.D). An exhibit should
be submitted with the final plat applications for Phase 1 that depicts the centerline SH-69 to
ensure the top of the berm/wall combination is a minimum of 10 feet higher than the
elevation at the centerline of the state highway as required.
Meridian City Council Meeting Agenda January 7, 2020 – Page 276 of 552
Page 9
Sidewalks (UDC 11-3A-17):
Sidewalks are required within the development in accord with the standards listed in UDC 11-3A-
17. A 10-foot multi-use pathway is required along S. Meridian Road in accord with UDC
11-3H-4C.3.
Utilities (UDC 11-3A-21):
Connection to City water and sewer services is proposed. Street lighting is required to be installed
in accord with the City’s adopted standards, specifications and ordinances.
See Section VIII-B below for Public Works comments/conditions.
Pressurized Irrigation System (UDC 11-3A-15):
An underground pressurized irrigation system is required to be provided for each lot within the
development.
Building Elevations:
Conceptual building elevations were submitted for the proposed single-family detached dwellings
as shown in Section VII.F. A variety of 1- and 2-story homes are proposed in an assortment of
building materials.
Because the rear and/or sides of 2-story structures that face S. Meridian Rd., an entryway
corridor, will be highly visible, Staff recommends they incorporate articulation through
changes in two or more of the following: modulation (e.g. projections, recesses, step-backs,
pop-outs), bays, banding, porches, balconies, material types, or other integrated
architectural elements to break up monotonous wall planes and roof lines that are visible
from the subject public street. Single-story structures are exempt from this requirement.
VI. DECISION
A. Staff:
Staff recommends approval of the proposed de-annexation, rezone, development agreement
modification and preliminary plat per the conditions included in Section VIII. in accord with the
Findings in Section IX.
B. The Meridian Planning & Zoning Commission heard these items on November 7, 2019. At the
public hearing, the Commission voted to recommend approval of the subject De-annexation,
RZ, PP and MDA requests.
1. Summary of Commission public hearing:
a. In favor: Matt Shultz
b. In opposition: None
c. Commenting: Carl Reiterman
d. Written testimony: None
e. Staff presenting application: Bill Parsons
f. Other Staff commenting on application: None
2. Key issue(s) of public testimony:
a. Sewer and water stubs to the north property.
3. Key issue(s) of discussion by Commission:
a.
b.
c.
Number of amenities required by City code.
Re-orienting some of the proposed open space in the northeast corner to a more central
location within the development.
Topograghy of the site
Meridian City Council Meeting Agenda January 7, 2020 – Page 277 of 552
Page 10
d.
e.
f.
Extension of the 5-foot detached sidewalk along the the north boundary of the off-site
portion of E. Quartz Creek Street.
Full access to Meridian once the future signalization is warranted by ITD.
Coordination with Brighton Corporation on stub street and sewer and water locations on
the east boundary.
4. Commission change(s) to Staff recommendation:
a.
b.
Commission struck site specific conditions of approval 2A and 3A.
Commission modified site specific condition of approval 2B to add verbiage the
Meridan Road access may be considered as a full turning movement when ITD
determines the need for a traffic signal and completes the Meridian Road Corridor
Study.
5. Outstanding issue(s) for City Council:
a. None
C. The Meridian City Council heard these items on 12/10/2019. At the public hearing, the Council
voted to approve the subject DAZ, RZ, MDA and PP requests.
1. Summary of the City Council public hearing:
a. In favor: Matt Schultz
b. In opposition: None
c. Commenting: None
d. Written testimony: None
e. Staff presenting application: Bill Parsons
f. Other Staff commenting on application: Joe Bongiorno
2. Key issue(s) of public testimony:
a. None
3. Key issue(s) of discussion by City Council:
a.
b.
c.
d.
e.
f.
Increasing the amount of open space proposed for the development.
Design of the secondary emergency access in the northwest corner of the proposed
development.
Applicant paying his porprotinate share towards intersection improvements at Amity
and Lake Hazel.
Meridian Road improvements with first phase.
Replacing the gazebo with a barbeque.
Council granted the request for the extended block length of Block 1 with traffic
calming as recommended by Commission.
4. City Council change(s) to Commission recommendation:
a. None
Meridian City Council Meeting Agenda January 7, 2020 – Page 278 of 552
Page 11
VII. EXHIBITS
A. De-Annexation Legal Description & Exhibit Map
Meridian City Council Meeting Agenda January 7, 2020 – Page 279 of 552
Page 12
Meridian City Council Meeting Agenda January 7, 2020 – Page 280 of 552
Page 13
B. Rezone Legal Description and Exhibit Map
Meridian City Council Meeting Agenda January 7, 2020 – Page 281 of 552
Page 14
Meridian City Council Meeting Agenda January 7, 2020 – Page 282 of 552
Page 15
C. Preliminary Plat (date: 11/11/2019) & Phasing Plan
Meridian City Council Meeting Agenda January 7, 2020 – Page 283 of 552
Page 16
Meridian City Council Meeting Agenda January 7, 2020 – Page 284 of 552
Page 17
D. Open Space Exhibit and Landscape Plan (date: 12/2/2019) & Amenities
Meridian City Council Meeting Agenda January 7, 2020 – Page 285 of 552
Page 18
Meridian City Council Meeting Agenda January 7, 2020 – Page 286 of 552
Page 19
Meridian City Council Meeting Agenda January 7, 2020 – Page 287 of 552
Page 20
Meridian City Council Meeting Agenda January 7, 2020 – Page 288 of 552
Page 21
Meridian City Council Meeting Agenda January 7, 2020 – Page 289 of 552
Page 22
Meridian City Council Meeting Agenda January 7, 2020 – Page 290 of 552
Page 23
Meridian City Council Meeting Agenda January 7, 2020 – Page 291 of 552
Page 24
E. Lot Size Exhibit
Meridian City Council Meeting Agenda January 7, 2020 – Page 292 of 552
Page 25
F. Conceptual Building Elevations (Photos)
Meridian City Council Meeting Agenda January 7, 2020 – Page 293 of 552
Page 26
Meridian City Council Meeting Agenda January 7, 2020 – Page 294 of 552
Page 27
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. Prior to the rezone ordinance approval, the applicant shall submit and obtain
approval of a County rezone and property boundary application to ensure the de-
annexed portion of the property (0.42 acres) is assigned a County zoning designation
and consolidated with the adjacent southern parcel.
2. Within six (6) months of Council’s approval of the findings for the rezone and prior to
submittal of a final plat application, the developer shall sign and obtain Council approval
of the development agreement with the following provisions:
a. Future development of this site shall comply with the preliminary plat, landscape plan,
and conceptual building elevations included in Section VII and the provisions contained
herein.
b. The applicant shall comply with the phasing plan as shown in Exhibit VII.C. revise
the phasing plan to construct all of the Meridian Road frontage improvements (10-
foot wall/berm combination, landscaping and 10-foot multi-use pathway) with the
first phase.
c. The applicant shall coordinate with ACHD on the construction of the entire length
of E. Quartz Creek Street with the first phase of development, including a 5-foot
wide detached sidewalk on the north boundary. If Western Ada School District does
not require a school bus stop at the intersection of Meridian Road and E. Quartz
Creek Street, the 5-foot wide detached sidewalk is not required to be constructed
along the off-site portion of the roadway.
d. The rear and/or sides of 2-story structures that face S. Meridian Rd., an entryway
corridor, shall incorporate articulation through changes in two or more of the
following: modulation (e.g. projections, recesses, step-backs, pop-outs), bays,
banding, porches, balconies, material types, or other integrated architectural
elements to break up monotonous wall planes and roof lines that are visible from the
subject public street. Single-story structures are exempt from this requirement.
2. The preliminary plat included in Section VII.B, dated 10/30/2019 11/11/2019 shall be revised
as follows:
a. Lot 6 and 7, Block 4 shall be consolidated with Lot 5 to provide more central open
space within the development.
b. Applicant shall construct traffic calming in S. Ventura Ave. to mitigate for the extended
block length as shown.
c. Direct lot access to S. Merdian Road and E. Quartz Creek Street is prohibited.
d. Access to S. Meridian Road at the mid-mile (E. Quartz Creek Street) shall be limited to a
right-in/right-out/left-in only until ITD completes the Meridian Corridor study and
determines if future signal is warranted to allow a full access. The applicant shall comply
with all ITD mitigation measures per the TIS study.
Meridian City Council Meeting Agenda January 7, 2020 – Page 295 of 552
Page 28
e. No more than 30 homes are allowed to be constructed in the development until the
secondary emergency access is provided.
3. The landscape plan included in Section VII.D, dated 10/30/2019 12/02/2019 shall be revised
as follows:
a. Applicant shall consolidate lots 5, 6 and 7, Block 4 per site specific condition 2a. above.
b. Open pond on Lot 4, Block 8 must comply with the standards set forth in UDC 11-
3G-3B.8. The pond cannot exceed 25 percent of the common lot.
c. All fencing constructed in the development shall comply with UDC 11-3A-7.
d. An exhibit must be submitted with the final plat application for Phase 1 that depicts
the centerline SH-69 to ensure the top of the berm/wall combination is a minimum
of 10 feet higher than the elevation at the centerline of the state highway as
required.
e. All stormwater detention facilities counted toward qualified open space are required to be
designed in accord with the standards listed in UDC 11-3B-11C.
f. Any landscaping within the ITD right-of-way shall be landscaped in accord with UDC
11-3B-7C.5.
4. Off-street parking shall be provided for this site as set forth in UDC Table 11-3C-5 and
11-3C-6.
5. A 14-foot wide public pedestrian easement is required to be submitted to the Planning
Division for the multi-use pathway; coordinate the details of the easement with Kim
Warren, Park’s Department. The applicant shall have an ongoing obligation to maintain all
pathways.
6. An exhibit shall be submitted with the final plat application for the lots (Lots 7 and 8,
Block 2, Lots 2, 3 and 4, Block 6 and Lots 30 and 31, Block 3) 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 are
not 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.
7. Applicant shall comply with all ACHD site specific conditions of approval.
8. 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 OR a note placed on the face of the plat prior to
signature on the final plat by the City Engineer.
9. All common open space and site amenities shall be maintained by an owner's association
as set forth in UDC 11-3G-3F1.
10. The project is subject to all current City of Meridian ordinances.
11. Comply with all bulk, use, and development standards of the R-8 zoning district listed in
UDC Table 11-2A-5.
Meridian City Council Meeting Agenda January 7, 2020 – Page 296 of 552
Page 29
12. The final plat, and any phase thereof, shall substantially comply with the approved
preliminary plat as set forth in UDC 11-6B-3C2.
13. The preliminary plat approval shall be null and void if the applicant fails to either 1)
obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of
a time extension as set forth in UDC 11-6B-7.
B. PUBLIC WORKS
Site Specific Conditions of Approval
1. The current plan depicts a single water main serving the entire development, which does
cause a concern for water quality. This concern will be mitigated by looping the water mains
together with future developments.
General Conditions of Approval
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.
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.
Meridian City Council Meeting Agenda January 7, 2020 – Page 297 of 552
Page 30
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.
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.
Meridian City Council Meeting Agenda January 7, 2020 – Page 298 of 552
Page 31
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.
2. FIRE DEPARTMENT
http://weblink.meridiancity.org/weblink8/0/doc/177698/Page1.aspx
3. CENTRAL DISTRICT HEALTH DEPARTMENT (CDHD)
http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=177692
4. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO
http://weblink.meridiancity.org/weblink8/0/doc/178324/Page1.aspx
5. DEPARTMENT OF ENVIRONMENTAL QUALITY
http://weblink.meridiancity.org/weblink8/0/doc/178370/Page1.aspx
6. BOISE PROJECT BOARD OF CONTROL
http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=177671
7. ADA COUNTY HIGHWAY DISTRICT (ACHD)
http://weblink.meridiancity.org/weblink8/0/doc/178806/Page1.aspx
8. POLICE DEPARTMENT
1. Police Response Time-
The proposed Percy development application is approximately 4.5 miles from the Meridian
Police Department. The expected response time to this area in an emergency is about 5-6 minutes.
The average response time in the City of Meridian is just over 4 minutes.
Between 9/1/2018- 8/31/2019, the Meridian Police Department responded to 41 calls for service
within a mile of the proposed development. See attached documents for details.
Between 9/1/2018- 8/31/2019, the Meridian Police Department responded to 9 crashes within a
mile of the proposed development. See attached documents for details.
2. Accessibility –
The Meridian Police Department would request that IF any access to the proposed development is
off of State Highway 69 that it be limited to left-in and right-in/right-out only (no left out).
Ultimately the police department would prefer a traffic signal at the mid-mile prior to the
Meridian City Council Meeting Agenda January 7, 2020 – Page 299 of 552
Page 32
development construction. This would allow for safer left-out traffic and reduce or eliminate
high speed broadside accidents.
3. Resource needs
This proposed development is on the edge of the city limits. The Meridian Police Department
will be servicing Gray Cliff Estates and Stapleton Subdivision to the north when finished. As of
now no additional resources are needed at this time. Once all the surrounding areas come on line
it may require future additional police resources in this geographic area.
4. Other comments-
The Meridian Police Department has no outstanding issues concerning this development
application.
All qualified open space provided in the development, to include all amenities, must be in an
open area in order to allow for natural observation opportunities. Pathways and landscaping
should not create hiding spots or blind spots that would promote criminal opportunities.
The Meridian Police Department will support all Community Development Staff
recommendations, Traffic Impact Studies from ITD and or ACHD to improve access, roadways,
intersections, pathways and sidewalks before the project if fully completed.
Meridian City Council Meeting Agenda January 7, 2020 – Page 300 of 552
Page 33
IX. FINDINGS
A. REZONE (UDC 11-5B-3E)
Required Findings: Upon recommendation from the commission, the council shall make a full
investigation and shall, at the public hearing, review the application. In order to grant an
annexation and/or rezone, the council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive plan;
The Council finds the proposed density and associated R-8 zoning designation is consistent
with the applicable provisions of the Comprehensive Plan in regard to the LDR and MDR
future land use map designations for this site.
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 and subsequent development will
contribute to the range of housing opportunities available in the northern portion of the City.
3. The map amendment shall not be materially detrimental to the public health, safety, and
welfare;
The Council finds that the proposed zoning amendment will not be materially detrimental to
the public health, safety, or welfare.
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 Coouncil 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.
Because this application is for a rezone, this finding is not applicable.
B. PRELIMINARY PLAT (UDC 11-6B-6)
1. The plat is in conformance with the comprehensive plan and is consistent with this unified
development code;
The Council finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan in regard to land use, transportation, and circulation. Please see
Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more
information.
2. Public services are available or can be made available ad are adequate to accommodate the
proposed development;
The Council finds that public services will be provided to the subject property upon
development. (See Exhibit B of the Staff Report for more details from public service
providers.)
Meridian City Council Meeting Agenda January 7, 2020 – Page 301 of 552
Page 34
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;
The Council relied upon comments from the public service providers (i.e., Police, Fire,
ACHD, etc.) to determine this finding. (See Exhibit B for more detail.)
5. 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 to determine whether or not the proposed
subdivision may cause health, safety or environmental problems of which they are unaware
of.
6. The development preserves significant natural, scenic or historic features.
The Council is unaware of any significant natural, scenic or historic features that need to be
preserved with this development.
Meridian City Council Meeting Agenda January 7, 2020 – Page 302 of 552