McKay Farm Subdivision H-2020-0030 Findings CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI N~'
AND DECISION&ORDER A 1
In the Matter of the Request for Annexation and Preliminary Plat,by Fairbourne Development,
LLC.
Case No(s).H-2020-0030
For the City Council Hearing Dates of: May 26,2020 and June 9,2020 (Findings on June 23,2020)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing dates of May 26, 2020 and June 9, 2020,
incorporated by reference)
2. Process Facts(see attached Staff Report for the hearing dates of May 26, 2020 and June 9,2020,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing dates of May 26, 2020
and June 9, 2020, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
dates of May 26,2020 and June 9,2020,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 as
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019,Resolution No. 19-2179 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.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing dates of May 26, 2020 and June 9, 2020, incorporated by reference. The conditions are
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(McKay Farm Subdivision—FILE H-2020-0030) - 1 -
Meridian City Council Meeting Agenda June 23,2020— Page 94 of 216
concluded to be reasonable and the applicant shall meet such requirements as a condition of
approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that:
1. The applicant's request for Annexation and Preliminary Plat is hereby approved per the
conditions of approval in the Staff Report for the hearing dates of May 26,2020 and June 9,
2020, 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 11-613-7A).
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 1I-
6B-7C).
Notice of Conditional Use Permit Duration
Please take notice that the conditional use permit,when granted, shall be valid for a maximum
period of two(2)years unless otherwise approved by the City. During this time,the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting,the final plat must be signed by the City
Engineer within this two(2)year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the
use not to exceed one(1)two (2)year period. Additional time extensions up to two(2)years as
determined and approved by the City Council may be granted. With all extensions,the Director
or City Council may require the conditional use comply with the current provisions of Meridian
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(McKay Farm Subdivision—FILE H-2020-0030) -2-
Meridian City Council Meeting Agenda June 23,2020— Page 95 of 216
City Code Title 11(UDC 11-513-617).
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 dates of May 26,2020 and June 9,2020.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(McKay Farm Subdivision—FILE H-2020-0030) -3-
Meridian City Council Meeting Agenda June 23,2020— Page 96 of 216
By action of the City Council at its regular meeting held on the 23rd day of June
2020.
COUNCIL PRESIDENT TREG BERNT VOTED AYE
COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED AYE
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER JOE BORTON VOTED AYE
COUNCIL MEMBER LIZ STRADER VOTED AYE
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison
Attest:
Chris Johnson
City Clerk
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: Dated: June 23, 2020
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(McKay Farm Subdivision—FILE H-2020-0030) -4-
Meridian City Council Meeting Agenda June 23,2020— Page 97 of 216
Exhibit A
STAFF REPORT C: E IDIAN --
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 5/26/20 and 6/9/2020 Legend
DATE: _
Project Location
TO: Mayor&City Council 10
FROM: Joe Dodson,Associate Planner
208-884-5533
Bruce Freckleton,Development
Services Manager
208-887-2211 - ---
SUBJECT: H-2020-0030 '----
McKay Farm Subdivision -
,
,
LOCATION: The site is located at 5875 S. Eagle Road,
on the west side of S. Eagle Road '+
between E. Amity Road and E. Lake
Hazel Road,in the NE 1/4 of the SE 1/4 of
Section 32, Township 3N.,Range 1E.
I. PROJECT DESCRIPTION
Request for Annexation& Zoning of 10.5 acres of land with an R-8 zoning district and
preliminary plat consisting of 42 building lots and 9 common lots, by Fairbourne
Development, LLC.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 10.5 acres
Future Land Use Designation Medium Density Residential
Existing Land Use(s) Residential and Agricultural.
Proposed Land Use(s) Residential
Lots(#and type;bldg./common) 51 total lots—42 single-family residential;and 9 common
lots.
Phasing Plan(#of phases) Proposed as one(1)phase.
Number of Residential Units(type 42 single-family units.
of units)
Density(gross&net) Gross— 3.99 du/ac.;Net—4.4 du/ac.
Open Space(acres,total 50,001 square feet,or 1.15 acres of qualified open space
[%]/buffer/qualified) (approximately 10.9%)
Amenities 1 amenity—Picnic area with shade structure.
Physical Features(waterways, N/A
hazards,flood plain,hillside)
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Meridian City Council Meeting Agenda June 23,2020— Page 98 of 216
Description Details Page
Neighborhood meeting date;#of Sep. 10,2019—2 attendees;January 7,2020—2 attendees.
attendees:
History(previous approvals) N/A
B. Community Metrics
Description Details Page
Ada County Highway District
• Staff report(yes/no) Yes Section
VIILI
• Requires ACHD Commission No
Action(yes/no)
Access(Arterial/Collectors/State Access is proposed via extension of an existing local street
Hwy/Loca1)(Existing and Proposed) (E.Mardia St.)from the west.An emergency-only access
is also proposed via a common lot that will connect the
proposed E.Renwick St.with S.Eagle Rd.
Traffic Level of Service
Stub Street/Interconnectivity/Cross Applicant is not proposing any additional stub streets;all
Access parcels surrounding the subject site are developed or
entitled and there is no need for additional stub streets at
this time. See analysis section below for more information.
Existing Road Network Eagle Road,an arterial,is currently improved with two
travel lanes,no curb,gutter or sidewalk abutting the site.
Existing Arterial Sidewalks/ None
Buffers
Proposed Road Improvements Applicant is not required to improve Eagle Rd.(arterial
roadway)but will dedication additional right-of-way.
Distance to nearest City Park(+ Discovery Park(76.88 acres at full build-out;
size) approximately 30 acres are improved currently)—1 mile;
Hillsdale Park(9.5 acres)— 1.5 miles.
Fire Service
• Distance to Fire Station 2.5 miles from Fire Station#4
• Fire Response Time Meridian Fire can meet the 5 minute response time goal.
• Resource Reliability Fire Station#4 reliability is 78%(Station 4 does not meet
department goal of 80%reliability).
• Risk Identification Risk Factor 1—Residential M
• Accessibility Proposed project meets all required access,road widths,
and turnarounds.
Police Service
See Agency Comments(Section VIILD).
West Ada School District
• Distance(elem,ins,hs) Siena Elementary— 1.8 miles;Victory Middle School—4.7
miles;Mountain View High School—3.9 miles.
• Capacity of Schools Siena Elementary—800 students
Victory Middle School— 1000 students
Mountain View High School—2400 students
• #of Students Enrolled Siena Elementary—970 students(170 over capacity)
Victory Middle— 1085 students(85 over capacity)
Mountain View—2237 students(143 under capacity)
Wastewater
• Distance to Sewer Services N/A
• Sewer Shed South Black Cat Trunkshed
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Meridian City Council Meeting Agenda June 23,2020— Page 99 of 216
Description Details Page
• Estimated Project Sewer See application
ERU's
• WRRF Declining Balance 13.91
• Project Consistent with WW YES
Master Plan/Facility Plan
Water
• Distance to Water Services 0'
• Pressure Zone 4
• Estimated Project Water See application
ERU's
• Water Quality Concerns None
• Project Consistent with Water YES
Master Plan
• Impacts/Concerns Water must be extended and connected to S.Eagle.Rd.
C. Project Area Maps
Future Land Use Map Aerial Map
Legend MU-N 0 Legend 0
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Project Location Project Location
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�Mediu�m,D�ens�i'�ty
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Zoning Map Planned Development Map
Page 3 —
Meridian City Council Meeting Agenda June 23,2020— Page 100 of 216
Legend UT C 0 Legend 0
Project Location aProject Location
fCity Limits
4 2 f Planned Parcels f
R=_2J E E
rA
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RUT
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III. APPLICANT INFORMATION
A. Applicant:
Sam Johnson,Fairbourne Development LLC—2401 E. Pine Ave., Meridian, ID 83642
B. Owner:
HBU Investments LLC—2401 E. Pine Ave.,Meridian,ID 83642
C. Representative:
Same as Applicant
IV. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Newspaper Notification 4/2/2020 5/8/2020
Radius notification mailed to
properties within 300 feet 3/27/2020 5/5/2020
Site Posting 4/8/2020 5/14/2020
Nextdoor posting 3/31/2020 5/5/2020
V. STAFF ANALYSIS
A. Future Land Use Map Designation(htt�s://www.meridianci�.org/com�lan://www.meridianci�.org/com�lan)
Medium Density Residential—This designation allows for dwelling units at gross
densities of three to eight dwelling units per acre. Density bonuses may be considered
with the provision of additional public amenities such as a park, school, or land dedicated
for public services.
The proposed annexation area is surrounded by existing City of Meridian zoning. The proposed
land use of detached single-family residential are consistent with the dwelling types noted in the
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Meridian City Council Meeting Agenda June 23,2020- Page 101 of 216
Future Land Use Map (FLUM)designation definitions. Certain densities are required to be met
on this property and the proposed project meets the densities listed above. In addition, the
proposed zoning and density are consistent with that of the surrounding development. Therefore,
Staff finds the density proposed with the preliminary plat and proposed zoning district are
consistent with the Future Land Use Map designations of Medium and Medium-High Density
Residential.
The City may require a development agreement(DA) in conjunction with an annexation pursuant
to Idaho Code section 67-651IA.In order to ensure the site develops as proposed with this
application, Staff recommends a DA as a provision of annexation with the provisions included in
Section VIII.A1. The DA is required to be signed by the property owners)/developer and returned
to the City within 6 months of the Council granting the annexation for approval by City Council
and subsequent recordation.
B. Comprehensive Plan Policies(https:llwww.meridianciU.or /g compplan):
The applicable Comprehensive Plan policies are cited below with Staff analysis in italics.
"Avoid the concentration of any one housing type or lot size in any geographical area;
provide for diverse housing types throughout the City" (2.01.01 G). The proposed R-8
zoning and proposed land use of single family residential are an extension of what exists
near the subject site today. R-8 zoning and detached single-family homes are abundant in
this immediate area but within half a mile of the site, there are a multitude of land-uses
that include existing lower density residential, civic (school and park sites),
neighborhood commercial, and future mixed-use FL UM designations. Due to the nearby
mix of existing and future uses and the size of this site, Staff finds the proposed project to
meet the intent of this comprehensive plan policy.
"With new subdivision plats, require the design and construction of pathways
connections, easy pedestrian and bicycle access to parks, safe routes to schools, and the
incorporation of usable open space with quality amenities" (2.02.01A). This new
subdivision does not offer additional multi-use pathways but instead offers a detached
sidewalk along their frontage of Eagle Rd that will improve safe pedestrian and bicycle
connectivity along the arterial roadway to Taconic Drive. This will then offer easier
access to the Hillsdale Park and YMCA area where residents have multiple recreational
and commercial options to spend their time within a mile of this development. In
addition, the Applicant has proposed a large open grassy area in the center of this
project (approximately 16,000 square feet) that would essentially serve as this
development's own pocket park. With parkways throughout the development, access to
this grassy area is abundant and offers the area as an amenity to the development even
though it does not meet UDC standards to count as their required amenity.
Please note: Hillsdale Elementary is located next to Hillsdale Park and the YMCA, but is
currently capped in their enrollment. Staff has not included this in the analysis as being a
safe route to school for this development; elementary age children will likely be bussed to
another school, at least in the interim.
"Establish and maintain levels of service for public facilities and services, including
water, sewer,police, transportation, schools, fire, and parks" (3.02.01G).All public
utilities are available for this project site due to the existing subdivisions to the west and
north, and across Eagle Road to the East,per Public Works comments. This project lays
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Meridian City Council Meeting Agenda June 23,2020— Page 102 of 216
precisely at the edge of Meridian Fire Department's 5 minute response time goal.
However, a future fire station is proposed within a mile of this development and would
therefore further lower the response time—the station is currently unfunded. ACHD has
both nearby arterial intersections on Eagle Road(Amity and Lake Hazel)planned for
widening and improvement within the next 3 years therefore lining up well with the
timeline of development for McKay Farm Subdivision.
West Ada School District has offered their comments about this proposed subdivision and
shared their continued concern with school overcrowding. According to their submitted
letter, they approximate 34 additional school age children would reside in this
development after completion. West Ada gave Staff enrollment numbers for the existing
nearby schools but notes that the closest elementary school, Hillsdale Elementary School,
is currently at capacity and is not currently accepting any additional students. So, school
age children in this development would go to Siena Elementary, Victory Middle, and
Mountain View High; Siena and Victory are currently over capacity. Staff believes future
school sites will help relieve some of the overcrowding experienced in the district but
defers to Commission and Council judgement regarding these issues.
Overall, Staff finds this development to be in compliance with this comprehensive plan
policy, but is concerned about the current enrollment situation at nearby public schools.
"Reduce the number of existing access points onto arterial streets by using methods such
as cross-access agreements, access management, and frontage/backage roads, and
promoting local and collector street connectivity" (6.01.02B). This project's only public
access is proposed via extending an existing local street into the development from the
subdivision to the west, Sky Mesa Commons. There are two existing driveways from this
site onto S. Eagle Rd, an arterial roadway, and both are proposed to be closed with this
new development. Staff and ACHD worked with the Applicant to remove their secondary
access proposed onto S. Eagle Rd. and instead that access has become an emergency-
only access,per Meridian Fire Department standards. Therefore, this proposed
development does not add any additional public access points to the arterial roadway
and will help direct traffic through local street connectivity in the neighboring
subdivision and out to E. Taconic Dr, a collector roadway that connects to Eagle Rd.
"Require all new development to create a site design compatible with surrounding uses
through buffering, screening, transitional densities, and other best site design practices"
(3.07.01A). The site design of this project proposes density that matches the surrounding
subdivisions and the underlying FL UM designation. The subdivisions to the south and
west have larger lot sizes but are also zoned R-8; to help transition their plat design, the
Applicant has proposed building lots that are no smaller than 5,900 square feet, which
exceed the minimum lot size of the R-8 zoning district and better mesh with the
surrounding subdivisions (Sky Mesa Commons & Sky Mesa Highlands). In addition,
throughout the development,parkways will offer additional landscaping for the entire
subject site, adding to its overall appeal and increasing its open space.
"Preserve,protect, and provide open space for recreation, conservation, and aesthetics"
(4.05.0IF).All new subdivisions require a minimum of 10%open space and one site
amenity per twenty (20) acres of development area. This project meets these standards
with parkways, a large open grassy area, and a picnic area with shade structures. As
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seen in Exhibit HID, the proposed open grassy area in this development would function
as the development's own pocket park due to its size and central location. Because the
open space is not spread throughout the development, Staff finds it will be heavily used
for recreation. In addition, the Applicant has proposed parkways throughout the project,
adding further landscaping to the aesthetic of the development.
Staff finds this development to be generally consistent and in alignment with
Comprehensive Plan policies and objectives.
C. Existing Structures/Site Improvements:
There are a number of existing structures on this property associated with the existing
residence. These buildings will be demolished with development of this project and the
existing driveways to Eagle Road will be closed off with future vertical curb and gutter
improvements,pursuant to ACHD requirements.
D. Proposed Use Analysis:
The proposed use is single-family residential; single-family detached dwellings are listed
as principally permitted uses in the R-8 zoning district per UDC Table 11-2A-2.
This development is proposed as one (1)phase and all existing access points to Eagle
Road will be closed. Staff is recommending a condition of approval that the emergency
access be constructed prior to the Applicant receiving any certificates of occupancy to
ensure compliance with the restriction of having no more than 30 homes off of one
access. (see Section VIII.AI). According to the submitted preliminary plat, all lots appear
to meet the required zoning and use requirements.
E. Dimensional Standards(UDC 11-2):
All proposed lots and public streets appear to meet all UDC dimensional standards per
the submitted preliminary plat. This includes property sizes, required street frontages, and
road widths.
In addition, all subdivision developments are also required to comply with Subdivision
Design and Improvement Standards (UDC 11-6C-3). There are four(4) common
driveways proposed; such driveways should be constructed in accord with the standards
listed in UDC 11-6C-3D. An exhibit should be submitted with the final plat
application that depicts the setbacks, fencing, building envelope, and orientation of
the lots and structures accessed via the common driveway; if a property abuts a
common driveway but has the required minimum street frontage and is taking
access via the public street, the driveway should be depicted on the opposite side of
the shared property line from the common driveway.
F. Access(UDC 11-3A-3, 11-3H-4):
Access is proposed via extending an existing local street(E. Mardia St.) into this
development. Adjacent subdivisions to this development are already entitled and did not
provide additional stub streets to this site, making E. Mardia the only public access into
the subject site. Because of this, the Applicant has designed the local streets to loop back
around onto itself in order to provide safe travel through and out of the development. The
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Meridian City Council Meeting Agenda June 23,2020— Page 104 of 216
Applicant is also proposing an emergency-only access from the development to S. Eagle.
Rd so that more than thirty(30) homes can be built,per Fire Code.
The Applicant has proposed 42 homes off of this singular access and was required to
remove their proposed secondary access to Eagle Road due to City and ACHD policies
regarding access points to arterial roadways. According to the above referenced code
section, this is twelve more homes than is allowed by code off of a single access.
However, staff does not find that this code section properly depicts all circumstances and
furthermore does not distinguish between streets that loop back onto themselves and cul-
de-sacs. All exhibits show a standard cul-de-sac where afire engine would have to make
a wide and treacherous u-turn in order to turn around and head back down the road it
came from. The streets in question with this project do not adhere to that logic because
they make a square and loop back around to itself creating a pseudo-grid within the
street layout. The street layout proposed is more uniform and provides easier fire and
emergency access than a cul-de-sac or other dead end street turnaround.
This discrepancy has created the need for staff to propose a UDC update and make this
section of code more precise while also allowing for adequate subdivision design when
arterial roadways are indeed treated as physical barriers like that of steep slopes or
railroad tracks.
G. Parking(UDC 11-3C):
Off-street parking is required to be provided in accord with the standards listed in UDC
Table 11-3C-6 for single-family detached dwellings based on the number of bedrooms
per unit. Future development should comply with these standards. No parking plan was
submitted with the application.
H. Pathways (UDC 11-3A-8):
No pathways are proposed or required with this development. However, detached
sidewalks are being proposed along S. Eagle Rd. to help improve pedestrian and cyclist
connectivity along the arterial roadway.
I. Sidewalks(UDC 11-3A-17):
Detached sidewalks are proposed along all internal local streets as part of parkways, in
accord with the standards listed in UDC 11-3A-17.
J. Parkways (UDC 11-3A-17):
Eight-foot wide parkways are proposed adjacent to all local streets and are required to be
constructed in accord with the standards listed in UDC 11-3A-17.
K. Landscaping(UDC 11-3B):
A 25-foot wide street buffer is required adjacent to S. Eagle Rd., an arterial roadway,
landscaped per the standards listed in UDC 11-3B-7C. A 35-foot wide common lot is
depicted on the plat and the correct number of trees appear to be shown on the submitted
landscape plans (see Section VILE).
Parkways are required to be landscaped in accord with the standards listed in UDC 11-
3B-7C. The total lineal feet of parkways and required number of trees is included in the
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Landscape Calculations table on the landscape plan to demonstrating compliance with
UDC standards.
Common open space is required to be landscaped in accord with the standards listed in
UDC 11-3G-3E. The total square footage of common open space are included in the
Landscape Calculations/Requirements table along with the required number of trees to
demonstrate compliance with UDC standards.
L. Qualified Open Space (UDC 11-3G):
A minimum of 10%qualified open space meeting the standards listed in UDC 11-3G-3B
is required. Based on the proposed plat of 10.5 acres, a minimum of 1.05 acres of
qualified common open space should be provided.
The applicant is proposing 1.15 acres of open space (or 10.9%) consisting of a large
common lot with open space, a smaller common lot that holds the irrigation pump station,
parkways along all proposed local streets, and half of the arterial street buffer to S. Eagle
Rd. All of this open space is qualified open space and exceeds UDC minimum standards
(see Exhibit VILD).
M. Qualified Site Amenities (UDC 11-3G):
Based on the area of the proposed plat (10.5 acres), a minimum of one (1) qualified site
amenity is required to be provided per the standards listed in UDC 11-3G-3C.
The applicant has proposed one (1) qualified amenity, a picnic area with shade structures
located in the large open grassy area for easy access by all residents in the development.
The open grassy area proposed with this development is not large enough by UDC
standards to count as qualified open space and a site amenity but Staff finds that it will
still be used as if it were an amenity due to its location and its relative size to the size of
the proposed project.
N. Fencing(UDC 11-3A-6, 11-3A-7):
All fencing is required to comply with the standards listed in UDC 11-3A-7. Fencing is
proposed as shown on the landscape plan; fencing shown next to proposed open space
lots need to be corrected per the conditions of approval in this staff report (see Section
VIILA3).
O. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual):
The Applicant has submitted sample elevations of the single-family homes for this
project(see Section VII.F).
The single-family homes are depicted as single-story structures with two-car garages and
a variety of finish materials with stone and lap-siding combinations. The submitted
sample elevations appear to meet design requirements for single-family homes.
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VI. DECISION
A. Staff:
Staff recommends approval of the requested annexation and zoning with the requirement
of a Development Agreement and approval of the requested preliminary plat with the
conditions noted in Section VIII.A per the findings in Section IX of this staff report.
B. The Meridian Planning&Zoning Commission heard these items on April 23,2020.At the public
hearing,the Commission moved to recommend approval of the subject Annexation and
Preliminary Plat requests.
1. Summary of Commission public hearing:
a. In favor: Sam Johnson,Applicant
b. In opposition: Travis Hunter—representing_Sky Mesa subdivisions.
c. Commenting: Travis Hunter
d. Written testimony: Boise Hunter Homes(Travis Hunter)—Concerns over vehicular
access and proportional cost sharing of installing signal at Taconic Drive and Eagle
Road intersection.
e. Staff presenting application: Joseph Dodson
f. Other Staff commenting on application: Bill Parsons
2. Key issue(s)of public testimony
a. Access for this subdivision going shy through Sky Mesa Commons Subdivision to the
west.
b. Potential of McKay Farm residents using amenities within Sky Mesa Commons.
c. Disagreement with ACHD staff report and required proportional cost sharing of
installing traffic signal at Taconic Drive and Eagle Road intersection.
3. Key issue(s)of discussion by Commission.
a. History of parcel and available vehicular access points for subdivision.
b. Potential for the applicant and the Boise Hunter Homes to discuss sharing costs
associated with the installation of the future signal at Taconic Drive and Eagle Road
intersection and the use of the Sky Mesa Commons amenities.
c. Number of lots being served by common drives.
d. Number of amenities being offered by this development.
e. Height of homes on lots running perpendicular to those in Sky Mesa
Commons(subdivision to the west).
4. Commission change(s)to Staff recommendation:
a. Add a DA provision limiting lots 32,40, and 50,Block 1 to singlery homes.
b. Add a DA provision requiring tot-lot be added to open space lot(Lot 1,Block 2)as an
additional qualifying in ag menity.
C. Add a new DA provision and condition of approval restricting number of lots served by
common drives to no more than two(2)lots. (NOTE:Applicant is not in agreement with
this condition and has not provided staff with a revised plat.
5. Outstandingissue(s)ssue(s) for City Council:
a. None.
C. Council Hearing
The Meridian City Council heard these items on May 26,2020 and June 9,2020.At the Dublic
hearing,,the Council moved to approve the subject Annexation and Preliminary Plat requests.
Summary of the City Council public hearing
a. In favor: Sam Johnson,Applicant
Page 10 —
Meridian City Council Meeting Agenda June 23,2020— Page 107 of 216
b. In opposition:None
C. Commenting: Sam Johnson
d. Written testimony: None
e. Staff presenting application: Joseph Dodson
f. Other Staff commenting on application:None
Key issue(s)of public testimony:
a. None
Key issue(s)of discussion by City Council:
a. Potential of additional tot lot amenity being used and its feasibility:
b. Timeline of building required sidewalk along Eagle Road:
c. Number of lots served by common driveways:
d. Potential of this subdivision using the amenities of the neighboring subdivision
City Council change(s)to Commission recommendation:
a. Modify Commission condition regarding additional amenity to include other options for
better neighborhood use.
b. Add a condition to require Applicant to build detached sidewalk along Eagle Road outside of
future ACHD right-of-way prior to receiving certificate of occupancy for any homes.
Page 11 —
Meridian City Council Meeting Agenda June 23,2020— Page 108 of 216
VII. EXHIBITS
A. Annexation Legal Description and Exhibit Map
EXHIBIT A
BOUNDARY DESCRIPTION
FOR
MCKAY SUBDIVISION
A parcel located in the NE 1/4 of the SE 1/4 of Section 32,Township 3 North,Range 1 East,Boise
Meridian,Ada County,Idaho,more particularly described as follows:
Commencing at an aluminum cap monument marking the southeasterly corner of said Section
32,from which an aluminum cap monument marking the northeasterly corner of said NE 1/4 of
the SE 1/4 bears N 0'13'40"E a distance of 2676.20 feet;
Thence N 0°13'40"E along the easterly boundary of said Section 32 a distance of 1338.12 feet to
an aluminum cap monument marking the southeasterly corner of said NE 1/4 of the SE 1/4 and
being the POINT OF BEGINNING;
Thence continuing N 0°13'40"E a distance of 866.01 feet to a point;
Thence leaving said easterly boundary N 89'48'41" W a distance of 528.16 feet to a 5/8 inch
diameter iron pin;
Thence 5 0'14'04"W a distance of 866,01 feet to a 5/8 inch diameter iron pin on the southerly
boundary of said NE 1/4 of the SE 1/4;
Thence S 89'48'41" E along said southerly boundary a distance of 528.25 feet to the POINT OF
BEGINNING,-
This parcel contains 10.501 acres.
A� E D
Prepared by: Kyle A.Koomler,PLS �M Se
Civil Survey Consultants,Incorporated March 3, 2020 ¢ 187 0 0
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Meridian City Council Meeting Agenda June 23,2020— Page 109 of 216
EXHIRI T B
SKETCH TO ACCOMPANY BOUNDARY DESCRIPTION FOR HSU
INVESTMENTS L L C LOCATED IN THE NE 714 OF THE SE 714
OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 7 EAST, BOISE
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Meridian City Council Meeting Agenda June 23,2020— Page 110 of 216
B. Conceptual Site Plan(date: 1/31/2020)
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Page 14 —
Meridian City Council Meeting Agenda June 23,2020— Page 111 of 216
C. Preliminary Plat(date: 1/31/2020)
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Page 15 —
Meridian City Council Meeting Agenda June 23,2020— Page 112 of 216
D. Open Space Exhibit(date: 3/16/2020)
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Meridian City Council Meeting Agenda June 23,2020— Page 113 of 216
EL Landscape Plan(date: 1/23/2020)
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Page 18 —
Meridian City Council Meeting Agenda June 23,2020— Page 115 of 216
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Page 19 —
Meridian City Council Meeting Agenda June 23,2020— Page 116 of 216
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. A Development Agreement(DA)is required as a provision of annexation of this property.
Prior to approval of the annexation ordinance, a DA shall be entered into between the City of
Meridian,the property owner(s) at the time of annexation ordinance adoption,and the
developer.
Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division
prior to commencement of the DA. The DA shall be signed by the property owner
and returned to the Planning Division within six(6)months of the City Council
granting the annexation. The DA shall, at minimum, incorporate the following
provisions:
a. Future development of this site shall be generally consistent with the
preliminary plat,landscape plan and conceptual building elevations for the
single-family dwellings included in Section VII and the provisions contained
herein.
b. For lots 10, 13-23, and 25, any building fagade that faces S. Eagle Rd. shall
incorporate articulation through changes in two or more of the following:
modulation(e.g. projections,recesses, step-backs, and 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.
c. The required emergency access via a common lot that connects to S. Eagle Rd.
from the site shall be constructed prior to receiving any certificates of
occupancy for building permits within the development.
d. Direct lot access to S. Eagle Road shall be prohibited.
e. Lots 32,40, and 50,Block 1, as shown on the proposed preliminary_plat, shall
be restricted to single-story homes.
f. An additional tot le amenity shall be added to the central open space lot(Lot
1,Block 2)prior to receiving any certificates of occupancy. The Applicant
shall work with Staff on the type of amenity eventually approved for this
provision prior to receiving Final Plat approval.
g. All common drives shall serve no more than two (2)lots.
h. The required 5-foot detached sidewalk alone Eagle Road shall be constructed
fully within the required landscape buffer and outside of the future ACHD
right-of-way planned widening prior to receiving certificate of occupancy for
any residential dwelling.
2. The preliminary plat included in Section VII.C, dated 01/31/2020, shall be revised as follows
prior to submittal of the final plat application:
a. Add a note prohibiting direct lot access via S. Eagle Road.
b. Revise plat to show no more than two(2)lots off of common drives(common lots 11,24,
33, and 39).
Page 20 —
Meridian City Council Meeting Agenda June 23,2020— Page 117 of 216
3. The landscape plan included in Section VII.E, dated 03/16/2020, shall be revised as follows
prior to submittal of the final plat application:
a. Revise landscape plan to show open vision or semiprivate fencing along the common
open space located on Lot 7; all fencing shall comply with the standards listed in UDC
11-3A-7.
b. Revise landscape plan to show additional site amenity kipL19*,),on Lot 1, Block 2 and
remove lots served by common drives commensurate with development agreement
provision VIII.A.1 g.
4. Future development shall be consistent with the minimum dimensional standards listed in
UDC Table 11-2A-6 for all buildable lots.
5. Off-street parking is required to be provided in accord with the standards listed in UDC Table
11-3C-6 for single-family detached dwellings based on the number of bedrooms per unit.
6. An exhibit shall be submitted with the final plat application that depicts the setbacks, fencing,
building envelope, and orientation of the lots and structures accessed via the common
driveway; if a property abuts a common driveway but has the required minimum street
frontage and is taking access via the public street,the driveway shall be depicted on the
opposite side of the shared property line from the common driveway as set forth in UDC 11-
6C-3D.
7. For the common driveway that serves a dual purpose(i.e. driveway/emergency access),
signage shall be provided to notify residents that the common driveway is a no parking zone.
B. PUBLIC WORKS
1. Site Specific Conditions of Approval
1.1 A street light plan will need to be included in the final plat application. Street light plan
requirements are listed in section 6-7 of the City's Design Standards. A streetlight future
install agreement is anticipated for lights on Eagle Road. This portion of Eagle Road is on the
five year work plan for ACHD.
1.2 Sanitary sewer and water service lines extending through storm water seepage beds should be
avoided.
1.3 Water must be extended through Lot 24,Block 1,common drive/emergency access road, and
connect to the existing water mainline in S. Eagle. Rd.
2. General Conditions of Approval
2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to
provide service outside of a public right-of-way. Minimum cover over sewer mains is three
feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials
shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
2.3 The applicant shall provide easement(s)for all public water/sewer mains outside of public
right of way(include all water services and hydrants). The easement widths shall be 20-feet
wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via
Page 21
Meridian City Council Meeting Agenda June 23,2020— Page 118 of 216
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 I I"map with bearings and distances
(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a
Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this
document. All easements must be submitted,reviewed, and approved prior to development
plan approval.
2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-
round source of water(MCC 12-13-8.3). The applicant should be required to use any
existing surface or well water for the primary source. If a surface or well source is not
available, a single-point connection to the culinary water system shall be required. If a
single-point connection is utilized,the developer will be responsible for the payment of
assessments for the common areas prior to prior to receiving development plan approval.
2.5 All existing structures that are required to be removed shall be prior to signature on the final
plat by the City Engineer. Any structures that are allowed to remain shall be subject to
evaluation and possible reassignment of street addressing to be in compliance with MCC.
2.6 All irrigation ditches,canals,laterals, or drains, exclusive of natural waterways,intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be addressed
per UDC 11-3A-6. hi performing such work,the applicant shall comply with Idaho Code
42-1207 and any other applicable law or regulation.
2.7 Any existing domestic well system within this project shall be removed from domestic
service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering
Department at(208)898-5500 for inspections of disconnection of services. Wells may be
used for non-domestic purposes such as landscape irrigation if approved by Idaho
Department of Water Resources Contact Robert B.Whitney at(208)334-2190.
2.8 Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment
procedures and inspections(208)375-5211.
2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and
activated,road base approved by the Ada County Highway District and the Final Plat for
this subdivision shall be recorded,prior to applying for building permits.
2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted
fencing, landscaping, amenities, etc.,prior to signature on the final plat.
2.11 All improvements related to public life, safety and health shall be completed prior to
occupancy of the structures. Where approved by the City Engineer, an owner may post a
performance surety for such improvements in order to obtain City Engineer signature on the
final plat as set forth in UDC 11-5C-3B.
2.12 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process,prior to the issuance of a plan
approval letter.
2.13 It shall be the responsibility of the applicant to ensure that all development features comply
with the Americans with Disabilities Act and the Fair Housing Act.
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Meridian City Council Meeting Agenda June 23,2020— Page 119 of 216
2.14 Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.17 Compaction test results shall be submitted to the Meridian Building Department for all
building pads receiving engineered backfill,where footing would sit atop fill material.
2.18 The design engineer shall be required to certify that the street centerline elevations are set a
minimum of 3-feet above the highest established peak groundwater elevation. This is to
ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above.
2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation
district or ACHD. The design engineer shall provide certification that the facilities have
been installed in accordance with the approved design plans. This certification will be
required before a certificate of occupancy is issued for any structures within the project.
2.20 At the completion of the project,the applicant shall be responsible to submit record
drawings per the City of Meridian AutoCAD standards. These record drawings must be
received and approved prior to the issuance of a certification of occupancy for any structures
within the project.
2.21 A street light plan will need to be included in the civil construction plans. Street light plan
requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A
copy of the standards can be found at
http://www.meridiancity.org/public_works.aspx?id=272.
2.22 The City of Meridian requires that the owner post to the City a performance surety in the
amount of 125%of the total construction cost for all incomplete sewer,water and reuse
infrastructure prior to final plat signature. This surety will be verified by a line item cost
estimate provided by the owner to the City. The surety can be posted in the form of an
irrevocable letter of credit, cash deposit or bond. Applicant must file an application for
surety,which can be found on the Community Development Department website. Please
contact Land Development Service for more information at 887-2211.
2.23 The City of Meridian requires that the owner post to the City a warranty surety in the
amount of 20%of the total construction cost for all completed sewer,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(MFD)
https:llweblink.meridiancity.org/WeUink/Doc View.aspx?id=184768&dbid=0&redo=MeridianC
ky
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Meridian City Council Meeting Agenda June 23,2020— Page 120 of 216
IX. POLICE DEPARTMENT (MPD)
https:llweblink.meridianciU.org_lWebLinkIDocView.aspx?id=184712&dbid=0&repo=MeridianC
i &cr--1
X. PARK'S DEPARTMENT
No comments.
XI. BOISE PROJECT BOARD OF CONTROL
https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=184913&dbid=0&repo=MeridianC
hty
XII. CENTRAL DISTRICT HEALTH DEPARTMENT(CDH)
https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=185623&dbid=0&repo=MeridianC
XIII. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
HTTPs:11wEBLINKMERIDIANCITY.ORG/WEBLINK/DOCVIEW.AsPX?ID=185204&DBID=0&REPO=ME
RIDIANCITY
XIV. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https:llweblink.meridianciU.otylWebLinkIDocView.aspx?id=186140&dbid=0&repo=MeridianC
hty
XV. FINDINGS
A. Annexation and/or Rezone(UDC 11-513-3E)
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;
Council finds the proposed zoning map amendment to R-8 and subsequent development is
consistent with the Comprehensive Plan, if all provisions of the Development Agreement are
complied with.
2. The map amendment complies with the regulations outlined for the proposed districts,
specifically the purpose statement;
Council finds the proposed zoning map amendment will allow for the development of single-
family detached homes which will contribute to the range of housing opportunities available
within the City, consistent with the Comprehensive Plan, and the purpose statement of the
residential districts.
3. The map amendment shall not be materially detrimental to the public health, safety, and
welfare;
Council finds the proposed zoning map amendment should not be detrimental to the public
health, safety and welfare.
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Meridian City Council Meeting Agenda June 23,2020— Page 121 of 216
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
Council finds the proposed zoning map amendment will not result in an adverse impact on
the delivery of services by any political subdivision providing public services within the City.
5. The annexation(as applicable)is in the best interest of city.
Council finds the proposed annexation is in the best interest of the City per the Analysis in
Section V.
B. Preliminary Plat Findings:
In consideration of a preliminary plat,combined preliminary and final plat,or short plat,
the decision-making body shall make the following findings:
1. The plat is in conformance with the Comprehensive Plan;
Council finds that the proposed plat, with Staffs recommendations, is in substantial
compliance with the adopted Comprehensive Plan in regard to land use, density,
transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in,
Section V of this report for more information)
2. Public services are available or can be made available and are adequate to accommodate
the proposed development;
Council finds that public services will be provided to the subject property with development.
(See Section VIII 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 development at
their own cost, Commission 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;
Council finds there is public financial capability of supporting services for the proposed
development based upon comments from the public service providers(i.e.,Police,Fire,ACHD,
etc). (See Section VII for more information)
5. The development will not be detrimental to the public health, safety or general welfare;
and,
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 and approves of
the project.
6. The development preserves significant natural,scenic or historic features.
Council is unaware of any significant natural, scenic or historic features that exist on this site
that require preserving.
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Meridian City Council Meeting Agenda June 23,2020— Page 122 of 216