Midgrove Plaza H-2020-0029 Findings CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C��fIEK�
AND DECISION& ORDER ,
In the Matter of the Request for Rezone of 1.96 Acres of Land from the I-L to the C-G Zoning
District; and Preliminary Plat Consisting of Six(6)Buildable Lots on 12.84 Acres of Land in the C-
G and I-L Zoning Districts,by Arthur Berry.
Case No(s). H-2020-0029
For the City Council Hearing Date of: June 23,2020 (Findings on July 7,2020)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of June 23,2020, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of June 23, 2020,incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of June 23, 2020,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of June 23,2020,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.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR MIDGROVE PLAZA—RZ,PP H-2020-0029 - 1 -
Meridian City Council Meeting Agenda July 7,2020— Page 344 of 814
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of June 23,2020, 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 Rezone and Preliminary Plat is hereby approved per the conditions
of approval in the Staff Report for the hearing date of June 23,2020, 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 11-613-713).
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-
613-7C).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight(28)days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight(28)days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67,Idaho Code.
F. Attached: Staff Report for the hearing date of June 23,2020
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR MIDGROVE PLAZA—RZ,PP H-2020-0029 -2-
Meridian City Council Meeting Agenda July 7,2020— Page 345 of 814
By action of the City Council at its regular meeting held on the 7th day of July
2020.
COUNCIL PRESIDENT TREG BERNT VOTED YEA
COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED YEA
COUNCIL MEMBER JESSICA PERREAULT VOTED ----
COUNCIL MEMBER LUKE CAVENER VOTED YEA
COUNCIL MEMBER JOE BORTON VOTED YEA
COUNCIL MEMBER LIZ STRADER VOTED YEA
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: 7-7-2020
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR MIDGROVE PLAZA—RZ,PP H-2020-0029 -3 -
Meridian City Council Meeting Agenda July 7,2020— Page 346 of 814
EXHIBIT A
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 6/23/2020 Wegend
DATE: ff
ILIPraject Lacfl-fior - .0 0
TO: Mayor&City Council =ummn
FROM: Sonya Allen,Associate Planner
208-884-5533 -
a�
SUBJECT: H-2020-0029
Midgrove Plaza ®�
Y I
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LOCATION: 1450 E. Franklin Rd. (Parcel '
#S1107449996; SE 1/4 of Section 7, WIM -
T.3N.,R.1E.) -- -
I. PROJECT DESCRIPTION
Rezone of 1.96 acres of land from the I-L to the C-G zoning district; and,Preliminary Plat consisting
of 6 buildable lots on 12.84 acres of land in the C-G and I-L zoning districts.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 12.84 acres
Existing/Proposed Zoning C-G&I-L existing/1.96 acres to C-G proposed(resulting
in both C-G and I-L zoning for overall site that coincides
with proposed lot lines)
Future Land Use Designation Commercial(southern 5.8 acres)&Industrial(northern
7+/-acres)
Existing Land Use(s) Vacant/undeveloped land(pasture)
Proposed Land Use(s) Commercial
Lots(#and type;bldg./common) 6 buildable lots/0 common lots
Phasing Plan(#of phases) 1 phase
Number of Residential Units(type 0
of units)
Density(gross&net) omr-- Not applicable(no residential uses are proposed)
Physical Features(waterways, The Five Mile Creek bisects the southwest corner of this
hazards,flood plain,hillside) site and is an open waterway;a portion of the site within
that area is in the floodplain.
Neighborhood meeting date;#of January 15,2020;no attendees
attendees:
Page 1
Meridian City Council Meeting Agenda July 7,2020— Page 347 of 814
Description Details Page
History(previous approvals) ROS#3527;AZ,CUP/PD(Arthur Berry&Doug Tamura)
approved in 1996(expired);PBA approved in 2007(ROS
#8037)
B. Community Metrics
Description Details Page
Ada County Highway District
• Staff report(yes/no) Yes,draft report
• Requires ACHD Commission No
Action es/no
Access(Arterial/Collectors/State Access is proposed via existing curb cuts on Franklin and
Hwy/Local)(Existing and Proposed) Locust Grove Roads [2 via E.Franklin Rd.,only one of
which is proposed for a public access to this development
(the other access will be restricted to maintenance vehicles
from the City,NMID or other authorized entities);and 4
via Locust Grove Rd.]
Traffic Level of Service Better than"E"for both Franklin&Locust Grove Rds.
Stub Street/Interconnectivity/Cross There are no stub streets that exist to this site; cross-access
Access should be provided between the proposed lots
Existing Road Network None
Existing Arterial Sidewalks/ There are existing attached sidewalks along Franklin and
Buffers Locust Grove Rds.that were constructed with the adjacent
road widening projects;no street buffers exist
Proposed Road Improvements None(there are no roadways, bridges or intersections in
the general vicinity that are in the IFYWP or CIP)
Fire Service
• Distance to Fire Station 0.5 mile
• Fire Response Time Falls within 5:00 minute response time area-nearest
station is Fire Station#1 —can meet response time goals
• Resource Reliability 75%-does not meet the target goal of 80%or greater
• Risk Identification 4—current resources would not be adequate to supply
service(risk factors could include multi-story buildings,a
large gathering of people in a single location,and an open
waterway)
• Accessibility Unknown if project will meet all required access,road
widths and turnaround as a site plan was not submitted
• Special/resource needs Unknown if project will require an aerial device;can meet
this need if a truck company is required.
• Water Supply Unknown what the water supply requirement will be as a
development plan was not submitted.
• Other Resources
Police Service
No comments were received.
Wastewater
• Distance to Sewer Services Directly adjacent
• Sewer Shed Five Mile Trunk Shed
• Estimated Project Sewer See application
ERU's
• WRRF Declining Balance 13.91
• Project Consistent with WW Yes
Master Plan/Facility Plan
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Meridian City Council Meeting Agenda July 7,2020— Page 348 of 814
Description Details Page
Water
• Distance to Water Services Directly adjacent
• Pressure Zone 3
• Estimated Project Water See application
ERU's
• Water Quality None
• Project Consistent with Water Yes
Master Plan
• Impacts/Concerns The water main should be upsized to a minimum of 8-
inches. Unused water service stubs into the property must
be abandoned at the main per Meridian standards.
C. Project Area Maps
Future Land Use Map Aerial Map
Legend Legend
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Meridian City Council Meeting Agenda July 7,2020— Page 349 of 814
III. APPLICANT INFORMATION
A. Applicant:
Arthur Berry—4804 Roberts Rd.,Boise,ID 83705
B. Owner:
Same as Applicant
C. Representative:
Ben Semple,Rodney Evans+Partners,PLLC— 1014 S. La Pointe St., Ste. 3,Boise,ID 83706
IV. NOTICING
Planning&Zoning City Council
Posting Date Posting Date
Notification published in
5/13/2020 6/5/2020
newspaper
Notification mailed to property
owners within 300 feet 5/12/2020 6/2/2020
Applicant posted public hearing
notice on site 5/17/2020 6/10/2020
Nextdoor posting 5/12/2020 6/2/2020
V. COMPREHENSIVE PLAN ANALYSIS(Comprehensive Plan)
The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates the southern 5.8
acres as Commercial and the northern 7 acres of this property as Industrial.
The purpose of the Commercial designation it to provide a full range of commercial uses to serve area
residents and visitors. Desired uses may include retail,restaurants,personal and professional services,
and office uses, as well as appropriate public and quasi-public uses. Multi-family residential may be
allowed in some cases,but should be careful to promote a high quality of life through thoughtful site
design, connectivity, and amenities. Sample zoning include: C-N, C-C, and C-G.
The purpose of the Industrial designation is to allow a range of uses that support industrial and
commercial activities. Industrial uses may include warehouses, storage units,light manufacturing,
flex, and incidental retail and office uses. In some cases uses may include processing,manufacturing,
warehouses, storage units,and industrial support activities. Sample zoning include: I-L and I-H.
At this time,no buildings or users are planned;the property is proposed to be subdivided and
infrastructure installed for future development. The property is intended to develop with commercial
and industrial uses as allowed in the C-G and I-L zoning districts per the Allowed Uses listed in UDC
Tables 11-2B-2 and 11-2C-2,respectively.
The area proposed to be rezoned from I-L to C-G is designated as Industrial on the FLUM. Because
FLUM designations are not parcel specific, an adjacent abutting designation,when appropriate and
approved as part of a public hearing with a land development application,may be used without an
amendment to the map. The Applicant requests the abutting Commercial designation apply to the area
proposed to be zoned C-G. Because the rezone is proposed to coincide with proposed lot lines so that
two (2)zoning districts don't exist on one property, Staff is amenable to the request.
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Meridian City Council Meeting Agenda July 7,2020— Page 350 of 814
The following Comprehensive Plan Policies are applicable to this development:
• "Ensure that adequate water supply and pressure are available for fire protection in areas
suitable for industrial and commercial uses."(3.03.011))
Adequate water supply and pressure is available to serve this site.
• "Improve and protect creeks and other natural waterways throughout commercial,industrial,
and residential areas."(4.05.01 D)
The Five Mile Creek, a natural waterway, bisects the southwest corner of the site and is
required to be left open and improved and protected with development in accord with UDC
11-3A-6B.1 and the Comprehensive Plan.
• "Permit new development only where it can be adequately served by critical public facilities
and urban services at the time of final approval, and in accord with any adopted levels of
service for public facilities and services." (3.03.03F)
City services are available and will be extended by the developer to the proposed lots upon
development of the site in accord with UDC 11-3A-21.
• "Integrate the Meridian Pathways Master Plan into the site development review process to
ensure planned paths are built out as adjacent land develops."(3.07.02H)
A segment of the City's 10 foot wide multi-use pathway is depicted on the Pathways Master
Plan along the northeast side of the Five Mile Creek to the Franklin/Locust Grove Rd.
intersection.
• "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 abuts industrial property to the west; no buffering is required between industrial
properties or between C-G and I-L zoned properties.
• "Encourage new development to include buffered sidewalks, a sidewalk separated from the
motor vehicle lane by a planter strip, especially on collector and arterial roadways."
(6.01.01J)
Attached sidewalk currently exist adjacent to Franklin and Locust Grove Roads;street
buffers will be required to be constructed with development of the property and landscaped
per the standards listed in UDC 11-3B-7C.
• "Maximize public services by prioritizing infill development of vacant and underdeveloped
parcels within the City over parcels on the fringe." (2.02.02)
The proposed property is an infill property that is currently zoned in the City but has not yet
developed.Approval of the proposed rezone and preliminary plat will assist in facilitating
future development of the property.
VI. UNIFIED DEVELOPMENT CODE ANALYSIS(UDC)
A. Rezone:
The proposed rezone is for 1.96 acres of land from the I-L to the C-G zoning district to coincide
with lot lines proposed on the preliminary plat in Section VIII.B. The proposed zoning is
consistent with the adjacent FLUM designation of Commercial on the abutting property to the
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Meridian City Council Meeting Agenda July 7,2020— Page 351 of 814
south as discussed above in Section V. A legal description for the rezone area is included in
Section VIII.A.
The City may require a development agreement(DA) in conjunction with a rezone pursuant to
Idaho Code section 67-6511A. Because this site is already zoned in the City and a development
plan is not proposed with this application, staff does not recommend a DA is required as a
provision of the rezone.
B. Preliminary Plat:
The proposed plat consists of 6 buildable lots on 12.84 acres of land in the C-G and I-L zoning
districts. The subdivision is proposed to develop in one phase.
Existing Structures/Site Improvements:
There are no existing structures on this site.
Proposed Use Analysis:
No uses or development are proposed at this time. Future development will be subject to the
allowed use tables in UDC 11-213-2 and 11-2C-2 for the C-G and I-L zoning districts
respectively.
Dimensional Standards (UDC 11-2):
Future development should comply with the dimensional standards of the C-G zoning district in
UDC Table 11-213-3 and the I-L zoning district in UDC Table 11-2C-3, as applicable.
Subdivision Design and Improvement Standards(UDC 11-6C-3)
Development of the subdivision is required to comply with the subdivision design and
improvement standards listed in UDC 11-6C-3.
Access(UDC 11-3A-3)
Access is proposed via(2)existing curb cuts on Franklin Rd.—the access closest to the
intersection will be restricted to maintenance vehicles from the City,NMID or other authorized
entities and will not be used by the public; and(4)existing curb cuts on Locust Grove Road.
The draft ACHD report does not support the western access via Franklin Rd.but does
approve the service driveway closest to the intersection if it's restricted from public use with
a gate located outside the right-of-way; however,the Applicant and ACHD are still in
discussions on this issue.ACHD has directed the Applicant to submit a request for
modification of policy to allow the access as a right-in/right-out with a road trust to
construct a median in the future in Franklin Rd.Without access via Franklin Rd.,Lot 5
cannot develop without a bridge access over the creek. The City is amenable to the access if
approved by ACHD.
Further,ACHD only approves of(2) accesses off Locust Grove Rd. at 360' and 735' north
of Franklin Rd.(i.e.the two middle accesses).All other curb cuts are required to be closed
with curb,gutter and 7'wide attached sidewalk to match existing improvements. Staff is in
agreement with ACHD's decision as UDC 11-3A-3 limits access points to arterial streets to
improve safety and ensure motorists can safely enter all streets. Therefore,the plat should
be revised to remove these accesses.
Staff recommends a cross-access/ingress-egress easement is provided between all lots in the
proposed subdivision and to the abutting property to the west through Lot 5(Parcel
#S1107449111)to reduce access points via Franklin Rd.in accord with UDC 11-3A-3A.2.
There is an existing cross-access easement from Locust Grove Rd. across this property to the
abutting property to the west as depicted on the plat that is proposed to remain.
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Meridian City Council Meeting Agenda July 7,2020— Page 352 of 814
A note should be placed on the face of the final plat prohibiting direct lot access to N.
Locust Grove and E.Franklin Roads other than those accesses approved with this
application.
Pathways(UDC 11-3A-8):
A 10' wide multi-use pathway is designated on the Pathways Master Plan along the northeast side
of the Five Mile Creek to the Franklin/Locust Grove Rd. intersection. Because a 7' wide attached
sidewalk exists along E. Franklin Rd.,the Park's Dept. is not requiring a 10' wide pathway in that
location or widening of the sidewalk; a pathway should be provided along the northeast side of
the creek in accord with the Plan.
Because the pathway will serve a dual purpose as a utility service road,the pathway should be
constructed at 14' in width with a turning radii of 28' inside and 48' outside.A public pedestrian
easement should be provided along the creek and extend to the intersection as recommended by
the Park's Dept. to allow for the pathway to be constructed in the future.Because there is a 20'
wide sewer easement in the same location as the pathway, no additional width is required for the
pedestrian easement based on the increased width of the pathway-the extra width of the sewer
easement will accommodate maintenance of the shoulder of the pathway if needed.
Sidewalks(UDC I1-3A-1 :
Sidewalks are required to be provided adjacent to all streets as set forth in UDC 11-3A-17. Five-
foot wide detached sidewalk are typically required along arterial streets (i.e.N. Locust Grove Rd.
and E. Franklin Rd.; however,because there is an existing 7' wide attached sidewalk along both
Franklin and Locust Grove Roads that is in good condition,the Director has waived the
requirement.
Landscaping(UDC 11-3B):
A 25-foot wide street buffer is required adjacent to N.Locust Grove Rd. and E. Franklin Rd.,
both arterial streets,measured from the back of sidewalk, as depicted on the plat; landscaping
should be provided per the standards listed in UDC 11-3B-7C as depicted on the landscape plan.
Depict curb,gutter,sidewalk and landscaped street buffers across the two accesses via
Locust Grove Rd.that aren't approved to remain.
Landscaping is required along all pathways in accord with the standards listed in UDC 11-3B-
12C. The total lineal feet of pathways with the required and proposed number of trees
should be included in the Landscape Calculations table on the final plat landscape plan to
demonstrate compliance with UDC standards.
Storm Drainage:
An adequate storm drainage system shall be required in all developments in accord with the
City's adopted standards, specifications and ordinances. Design and construction shall follow
Best Management Practice as adopted by the City.
Waterways(UDC It It
The Five Mile Creek bisects the southwest corner of this site and lies within a 90' wide easement
held by NMID. The creek is required to be left open as a natural amenity and shall not be piped or
otherwise covered as set forth in UDC 11-3A-6B.1 and should be protected during construction.
A 90-foot wide conservation easement exists for the Five Mile Creek as noted on the plat that is
proposed to be retained and protected.
Fencing(UDC 11-3A- :
All fencing is required to comply with the standards listed in UDC 11-3A-6C.1 and 11-3A-7.No
fencing is proposed with this application.
Page 7 —
Meridian City Council Meeting Agenda July 7,2020— Page 353 of 814
Building Elevations(UDC 11-3A-19 I Architectural Standards Manuan:
The Applicant did not submit concept building elevations for future structures within this
development as no uses or structures are planned at this time. Future structures are required to
comply with the design standards listed in the Architectural Standards Manual.
VII. DECISION
A. Staff:
Staff recommends approval of the requested rezone without the requirement of a Development
Agreement and approval of the requested preliminary plat with the conditions noted in Section IX
per the Findings in Section X.
B. The Meridian Planning&Zoning Commission heard these items on May 28,2020.At the public
hearing,the Commission moved to recommend approval of the subject RZ and PP requests.
1. Summary of Commission public hearing:
a. In favor: Ben Semple,Applicant's Representative
b. In opposition:None
c. Commenting. None
d. Written testimony: Ben Semple,Applicant's Representative(response to the staff report
—in agreement)
e. Staff presenting pplication: Sonya Allen
f. Other Staff commenting on application: None
2. Key issue(s)of public testimony
a. None
3. Ke, ids)of discussion by Commission:
a. None
4. Commission change(s)to Staff recommendation:
a. None
5. Outstandin issue(s) for City Council:
a. None
C. The Meridian Citv Council heard these items on June 23,2020.At the public hearing,the Council
moved to approve the subject RZ and PP requests.
1. Summary of the City Council public hearing:
a. In favor: Ben Semple,Applicant's Representative
b. In opposition: None
C. Commenting.None
d. Written testimony,None
e. Staff presenting application: Sonya Allen
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by City Council:
a. The absence of a development plan with the rezone request and no recommendation for
a Development Agreement from Staff/Commission.
4. City Council change(s)to Commission recommendation:
a. None
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Meridian City Council Meeting Agenda July 7,2020— Page 354 of 814
VIII. EXHIBITS
A. Rezone Legal Description&Exhibit Map
®RGEOMATICS 2308 N.Cole Rd.,Ste.G
SURVEYING MAPPING Boise,I❑ 83704
EXHIBIT"A"
Re-Zone Description
A parcel of land,being a portion of that Parcel described in Warranty Deed Instrument No.
111069481,Ada County Records, and also being a portion of"Parcel One"as described in
Meridian City Ordinance No. 748 recorded as Instrument No. 96104790,Ada County Records,
lying within the East Half of the Southeast Quarter of the Southeast Quarter of Section 7,
Township 3 North, Range 1 East Boise Meridian, City of Meridian,Ada County, Idaho, being
more particularly described as follows:
COMMENCING at the Southeast Corner of said Section 7,thence South 89'46'02 West,along
the South Line of the East Half of the Southeast Quarter of the Southeast Quarter of Section 7,
662.90 feet to the Southwest corner thereof;
Thence North 00"26'59" East,along the westerly boundary of said East Half,590.04 feet to its'
intersection with the northerly boundary of"Parcel One"as described in Meridian Ordinance
No.748,the POINT OF BEGINNING;
Thence continuing North 00"26'59" East, 132.88feet;
Thence South 89`34'03"East, 662.73 feet to the East Line of the Southeast Quarter of the
Southeast Quarter of Section 7;
Thence South 00"26'25"West, along said East Line, 125.19 feet to the northerly boundary of
"Parcel One"as described in Meridian Ordinance No.748;
Thence South 89"46'02"West,along said northerly boundary,662.90 feet to the POINT OF
BEGINNING.
Containing 85,513 Square Feet(1.963 Acres),more or less.
End of Description
Prepared by: Aaron Rush, PL5 C�A�t LAN,)
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Page 1 of 1
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Meridian City Council Meeting Agenda July 7,2020— Page 355 of 814
EXHIBIT II BII
RE-ZONE SKETCH
SE 1/4, SE 114, SEC. 07, T3N, R1 E
NOTE 588"29'511
330.01'
FOR ADDITIONAL BOUNDARY INFORMATION,REFER
TO RECORD OF SURVEY NO.8037 AND WARRANTY
DEED INSTRUMENT NO. 111069+181.
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DESIGNATED 1-L
SCALE: 1" = 150'
14501.
FRANKLIN RD
589"34'03"E 662.71'
NOO°26'59"E 500"26'25"W
132.85' AREA FOR RE-ZONE TO C-G
85,513 S.F./1.963 AC. 125.18'
589"46'02"W
POINT OF 662.80'
BEGINNING [� EXISTING ZONE
BOUNDARY
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Page 10
Meridian City Council Meeting Agenda July 7,2020— Page 356 of 814
B. Preliminary Plat(date: 1/13/2020)
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Page 11
Meridian City Council Meeting Agenda July 7,2020— Page 357 of 814
C. Landscape Plan (date: 1/25/2020)
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Meridian City Council Meeting Agenda July 7,2020— Page 358 of 814
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Page 13
Meridian City Council Meeting Agenda July 7,2020— Page 359 of 814
IX. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. The final plat shall include the following:
a. A cross-access/ingress-egress easement shall be depicted between all lots in the
subdivision and to the abutting property to the west through Lot 5 (Parcel
#S1107449111) in accord with UDC 11-3A-3A.2.
b. Include a note that prohibits direct lot access via N. Locust Grove Rd. and E. Franklin
Rd. other than those accesses approved with the preliminary plat by the City and ACHD;
remove accesses accordingly that aren't approved.
2. The landscape plan included in Section VIII.A.3, dated 1/25/2020, shall be revised as follows
prior to submittal of the final plat application:
a. Depict a 14-foot wide pathway along the northeast side of the Five Mile Creek in accord
with the Pathways Master Plan as required by the Park's Dept.; and landscaping(i.e. 5'
wide landscape strips on either side of the pathway planted with a mix of trees, shrubs,
lawn, and/or other vegetative ground cover with a minimum of one(1)tree per 100 linear
feet of pathway) as set forth in UDC 11-3B-12C.
b. The Landscape Requirements table shall include the total lineal feet of pathways with the
required and proposed number of trees to demonstrate compliance with the standards
listed in UDC 11-313-12C.2.
c. Depict curb, gutter, sidewalk and landscaped street buffer across the two accesses via
Locust Grove Rd. that aren't approved to remain.
3. A 14-foot wide public pedestrian easement shall be submitted to the Planning Division for the
multi-use pathway along the northeast side of the Five Mile Creek;the easement shall extend
to the Franklin/Locust Grove Road intersection for future construction of a pathway as
required by the Park's Dept. The easement shall be submitted prior to submittal of the final
plat for City Engineer signature.
4. A 14-foot wide multi-use pathway shall be constructed along the northeast side of the Five
Mile Creek in accord with the Pathways Master Plan as required by the Park's Dept. and the
Public Work's Dept.
5. The Five Mile Creek shall be protected during construction and shall be left open as a natural
amenity and shall not be piped or otherwise covered as set forth in UDC 11-3A-6B.1.
6. The access driveway from E. Franklin Rd. nearest the Locust Grove/Franklin Rd. intersection
(230' west of the intersection)that runs along the northeast side of the Five Mile Creek shall
be restricted from public use with a gate located outside of the right-of-way as required by
ACHD. The driveway shall be constructed to Public Work's standards for access roads [see
Supplemental Specifications for access roads(2-16)].
7. Future development shall be consistent with the minimum dimensional standards listed in
UDC Tables 11-213-3 for the C-G zoning district and 11-2C-3 for the I-L zoning district, as
applicable.
8. All fencing is required to comply with the standards listed in UDC 11-3A-6C.1 and 11-3A-7.
9. A new detached sidewalk is not required to be constructed along N. Locust Grove Rd. and E.
Franklin Rd.;the Director waived this requirement because there is an existing 7-foot wide
attached sidewalk along these streets,in accord with UDC 11-3A-17C.
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Meridian City Council Meeting Agenda July 7,2020— Page 360 of 814
10. Future development shall obtain approval of a Certificate of Zoning Compliance and Design
Review from the Planning Division prior to submittal of building permit applications. The
site design and structure(s)shall comply with the design standards listed in UDC 11-3A-19
and the Architectural Standards Manual.
B. PUBLIC WORKS
1. Site Specific Conditions of Approval
1.1 A Floodplain Development Permit required for this development. The SW area, including
Five Mile Creek is subject to the terms of a conservation easement,recorded as instrument
No 108135169 for the protection of designed wetlands.Development with floodway,
requires a no-rise analysis.
1.2 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.
1.3 The water main should be upsized to a minimum of 8-inches. Unused water service stubs
into the property must be abandoned at the main per Meridian standards.
1.4 The Geo Technical report submitted for the subject site points out numerous items that will
require special attention. The design engineer for this project should pay particular close
attention to the findings and recommendation for the successful design and performance of
all foundation systems, sub-surface drainage, and utility trench backfill.
1.5 The access driveway from E. Franklin Rd. that runs along the northeast side of the Five Mile
Creek shall be restricted from public use with a gate located outside of the right-of-way as
required by ACHD. The driveway shall be constructed to Public Work's standards for access
roads [see Supplemental Specifications for access roads (2-16)].
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
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.
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Meridian City Council Meeting Agenda July 7,2020— Page 361 of 814
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. In performing such work,the applicant shall comply with Idaho Code
42-1207 and any other applicable law or regulation.
2.7 Any existing domestic well system within this project shall be removed from domestic
service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering
Department at(208)898-5500 for inspections of disconnection of services. Wells may be
used for non-domestic purposes such as landscape irrigation if approved by Idaho
Department of Water Resources Contact Robert B.Whitney at(208)334-2190.
2.8 Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment
procedures and inspections(208)375-5211.
2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and
activated,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.
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.
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Meridian City Council Meeting Agenda July 7,2020— Page 362 of 814
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
https://weblink.meridiancity.org/WebLink/Doc View.asp x?id=186325&dbid=0&repo=MeridianC
hty
D. POLICE DEPARTMENT
No comments were submitted.
E. PARK'S DEPARTMENT
https://weblink.meridiancity.orglWebLinkIDocView.aspx?id=188777&dbid=0&repo=MeridianC
Lty
F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS)
No comments were received.
G. NAMPA&MERIDIAN IRRIGATION DISTRICT
https://weblink.m eridian city.org/WebLink/Doc View.aspx?id=18 7168&db id=0&repo=Meridian C
ity
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Meridian City Council Meeting Agenda July 7,2020— Page 363 of 814
H. CENTRAL DISTRICT HEALTH DEPARTMENT
https://weblink.meridiancity.org/WebLink/DocView.gyp x?id=186411&dbid=0&repo=MeridianC
iv
I. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
https://weblink.m eridia n c i ty.org/WeUink/Doc View.aspx?id=18 6 72 0&db id=0&rep o=Meridi a n C
hty
J. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https://weblink.m eridia n c i 02.org/WeUink/Doc View.aspx?id=188996&dbid=0&repo=MeridianC
hty
X. FINDINGS
A. Annexation and/or 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 City Council finds the proposed zoning map amendment to C-G is consistent with the
Comprehensive Plan designation of Commercial which abuts the area proposed to be
rezoned.
2. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds the proposed zoning map amendment will allow for future commercial
development of the property which will provide for the retail and service needs of the
community in accord with the Comprehensive Plan and the purpose statement of the
commercial district.
3. The map amendment shall not be materially detrimental to the public health, safety, and
welfare;
The City Council finds the proposed zoning map amendment should not be detrimental to the
public health, safety and 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 City 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.
This Findings is not applicable as the application is for a rezone, not annexation.
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Meridian City Council Meeting Agenda July 7,2020— Page 364 of 814
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;
The City Council finds that the proposed plat, with Staffs recommendations, is in substantial
compliance with the adopted Comprehensive Plan in regard to land use and transportation.
(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;
The City Council finds that public services can be provided to the subject property and are
adequate to serve future development. (See Exhibit B of the Staff Report for more details from
public service providers)
3. The plat is in conformance with scheduled public improvements in accord with the City's
capital improvement program;
Because City water and sewer and any other utilities will be provided by the development at
their own cost, the City 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 City Council finds there is public financial capability of supporting services for the
proposed development based upon comments from the public service providers(see Section LV
for more information).
5. The development will not be detrimental to the public health,safety or general welfare;
and,
The City 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.
6. The development preserves significant natural, scenic or historic features.
The Commission 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 July 7,2020— Page 365 of 814