CC - Revised Commission Recommendations and Staff Report 7-21
Page 1
HEARING
DATE:
July 21, 2020
TO: Mayor & City Council
FROM: Bill Parsons, Current Planning
Supervisor
208-884-5533
Bruce Freckleton, Development
Services Manager
208-887-2211
SUBJECT: H-2019-0133
Lupine Cove
LOCATION: 4000 N. McDermott Rd., in the NW ¼ of
Section 33, Township 4N., Range 1W.
I. PROJECT DESCRIPTION
NOTE: On April 28, 2020, City Council remanded this project back to Planning and Zoning Commission to
provide a recommendation on a revised preliminary plat and landscape plan. Staff has updated the staff
report in a strike-through and underline format to represent the proposed changes to the plans. Originally,
Staff and the Commission had recommended denial based on previous versions of the plans. With the
revisions to the plans, Staff is recommending approval of the project. Staff’s recommended development
agreement provisions and conditions of approval are provided below.
Annexation of 7.09 acres of land with an R-8 zoning district and Preliminary Plat consisting of twenty-
sixeight (268) buildable lots, sixseven (67) common lots and two (2) other lots on 7 acres of land in the
proposed R-8 zoning district.
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
Page 2
II. SUMMARY OF REPORT
A. Project Summary
B. Community Metrics
Access (Arterial/Collectors/State
Hwy/Local)(Existing and Proposed)
One (1) access proposed via N. McDermott Rd., a collector
street
Traffic Level of Service
Stub Street/Interconnectivity/Cross
Access
A stub street was required to the subject property from the
Aegean Subdivision to the north. The revised plan depicts the
extension of the stub street., but the plan as submitted doesn’t
contemplate extension with this development. A stub street is
proposed at the south boundary.
Existing Road Network None
Description Details Page
Acreage 7 acres
Future Land Use Designation Medium Density Residential (MDR) (3-8 units/acre)
Existing Land Use Residential/agricultural
Proposed Land Use(s) Single-family residential (SFR) development
Current Zoning RUT in Ada County
Proposed Zoning R-8
Lots (# and type; bldg/common) 268 buildable; 67 common & 2 other
Phasing plan (# of phases) 1
Number of Residential Units (type
of units)
257 new and 1 existing (SFR detached homes)
Density (gross & net) 3.714 gross/7.46 net
Open Space (acres, total [%] /
buffer / qualified)
Based on the applicant’s calculations 0.831 of an acre
(12.0511.7%) is being proposed.
Amenities Children’s play equipment and gazebo and basketball court
Physical Features (waterways,
hazards, flood plain, hillside)
The Five Mile Creek/McFadden Drain runs along the northern
and eastern boundary of this site.
Neighborhood meeting date; # of
attendees:
August 28, 2019; 9 attendees
History (previous approvals) None
Description Details Page
Ada County Highway District
Staff report (yes/no) Yes
Requires ACHD Commission
Action (yes/no)
No
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Fire Service
Distance to Fire Station 3 miles from Fire Station #2
Fire Response Time 5 minutes under ideal conditions; can meet the response time
goals
Resource Reliability 81% from Fire Station #2 – does meet the target goal of 80% or
greater
Risk Identification Risk factor of 2 – current resources would not be adequate to
supply service to this project (see comments in Section VIII.C)
Accessibility Project meets all required access, road widths and turnarounds
Special/resource needs An aerial device is not required; the closest truck company is
12 minutes travel time (under ideal conditions) – Fire Dept. can
meet this need in the required timeframe if needed.
Water Supply Requires 1,000 gallons per minute for 1 hour; may be less if
buildings are fully sprinklered
Other Resources NA
Police Service
Distance to Police
Station
8.5 miles
Police Response
Time
5:30 minutes
Calls for Service 241 for Reporting District M7 19 (1/1/2019 – 12/31/2019)
Accessibility No issues with the proposed access
Specialty/resource
needs
This proposed development is on the edge of the city limits. The Meridian
Police Department already serves this area with the Oaks Development and
Jump Creek. As of now no additional resources are needed at this time. Once
all the surrounding developments build out such as Gander Creek, Aegean
Estates and Owyhee High School it will require future additional police
resources in this geographic area.
Crimes 241 (1/1/2019 – 12/31/2019)
Crashes 3 (1/1/2019 – 12/31/2019)
Other The Meridian Police Department has no outstanding issues concerning this
development application.
All qualified open space provided in the development, to include all amenities,
must be in an open area in order to allow for natural observation opportunities.
Pathways and landscaping should not create hiding spots or blind spots that
would promote criminal opportunities.
The Meridian Police Department will support all Community Development
Staff recommendations, Traffic Impact Studies from ITD and or ACHD to
improve access, roadways, intersections, pathways and sidewalks before the
project if fully completed.
Wastewater
Distance to Sewer
Services
Directly adjacent to McDermott Road
Sewer Shed North McDermott Trunkshed
Estimated Project
Sewer ERU’s
See application
WRRF Declining
Balance
13.81
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Project Consistent
with WW Master
Plan/Facility Plan
Yes
Impacts/Concerns The maximum slope of sewer mainlines is 5.0% due to limitations on our
collections televising equipment. Please revise sewer grade between existing
SSMH (within McDermott) and the upstream manhole, SSMH A1.
Water
Distance to Water
Services
0 feet
Pressure Zone 1
Estimated Project
Water ERU’s
See application
Water Quality
Concerns
Yes - this development results in a long deadend water main which may result
in poor water quality. This deadend won't be eliminated until the Count
parcels to the south are developed.
Project Consistent
with Water
Master Plan
Yes
Impacts/Concerns The water mainline in McDermott Road must be extended to the southern
property line extended. Water mainline sizes were not indicated on the plans,
however the McDermott line must be 12-inch diameter and the Lupine Lane
line as shall be 8-inch diameter.
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C. Project Maps
III. APPLICANT INFORMATION
A. Applicant:
Penelope Constantikes, Riley Planning Services
PO Box 405
Boise, ID 83701
B. Owner:
Justin Fishburn
Future Land Use Map
Aerial Map
Zoning Map
Planned Development Map
Page 6
4000 N. McDermott Rd.
Meridian, ID 83646
C. Representative:
Same as Applicant
IV. NOTICING
Planning & Zoning
Posting Date
City Council
Posting Date
Newspaper notification
published in newspaper 5/29/2020 7/3/2020
Radius notification mailed to
property owners within 300 feet 5/26/2020 7/1/2020
Public hearing notice sign posted
on site 6/5/2020 7/8/2020
Nextdoor posting 5/27/2020 7/1/2020
V. COMPREHENSIVE PLAN ANALYSIS (Comprehensive Plan)
(Note: This project was submitted prior to the new Comprehensive Plan being adopted; therefore, this
project is being evaluated under the previous Plan.)
The Future Land Use Map (FLUM) contained in the Comprehensive Plan designates this property as
Medium Density Residential (MDR).
The purpose of the MDR designation is to allow small lots for residential purposes within City limits. Uses
may include single-family homes at gross densities of 3 to 8 dwelling units per acre. As noted above, the
submitted plat consists of 268 building lots on approximately 7 acres of land which is 3.714 dwelling units to
the acre. Staff finds the proposed density is within the density parameters of the MDR land use designation.
The following Comprehensive Plan Policies are applicable to this development:
“Support a variety of residential categories (low-, medium-, medium-high and high-density single-
family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of
providing the City with a range of affordable housing opportunities.” (3.07.01E)
The proposed single-family detached homes will contribute to the variety of residential categories in
the City; Staff is unaware how “affordable” the units will be.
“Permit new development only where urban services can be reasonably provided at the time of final
approval and development is contiguous to the City.” (3.01.01F)
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.
“Require useable open space be incorporated into new residential subdivision plats.” (3.07.02A)
The proposed plat depicts a total of 0.831 of an acre (or 12.0511.7%) of qualified open space. To
increase the usability of the open space, staff recommends that the applicant relocate the
temporary turnaround proposed on Common Lot 10 on the east side of Lupine Lane., however
much of the qualified open space is ether developed with imperious surface or ponds which lacks
creativity in the design per the purpose statement in UDC 11-6A-1.The applicant has redesigned
the open space
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“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)
On the south boundary are rural county lots in excess of 4 acres. The applicant has not provided
any real transitional lot sizes along this boundary. The two (2) most impacted rural lots have a 5:1
and 3:1 lot ratio respectively.
“Require new urban density subdivision which abut or are proximal to existing low density
residential land uses to provide landscaped screening or transitional densities with larger, more
comparable lot sizes to buffer the interface between urban level densities and rural residential
densities.” (3.05.02F)
Staff does not believe the transition proposed is adequate to the rural residential lots to the south.
Commission should determine if the applicant’s revisions to plan provide a transition as desired
by the Comprehensive Plan.
“Review new development for appropriate opportunities to connect local roads and collectors to
adjacent properties (stub streets).” (3.03.020)
A stub street was approved at the north boundary of this property with the Aegean Subdivision
preliminary plat which is required to be extended on this property with development. This street
would provides local street access to this development in accord with UDC 11-3A-3. The proposed
plat does not depicts a stub street in the location of the stub street approved with the Aegean
Subdivision.
“Incorporate creek corridors as an amenity in development design.” (5.09.01E)
The City’s mapping depicts the Five Mile Creek on the north boundary and the McFadden Drain on
the east boundary of the development. The submitted plans depicts minimal improvements or
enhancements in these areas. Staff believes these areas should be improved as an amenity for the
development. Both the Parks Department and NMID are not opposed to a pathway in the
easement area, however the City’s master pathways plan does not specifically call out one in this
area. NMID is amenable to a pathway if the City is willing to amend the master agreement with
the district. The Parks Department has indicated a pathway is not desired at this location and one
is not required to be constructed with this development. The applicant is proposing to enhance this
area with native grasses to preserve as many trees as possible to leave the area undisturbed and
natural. This area is designated as common lots so the maintenance of the area is the
responsibility of the HOA. Staff is supportive of this area remaining in a natural state however,
the applicant should construct an internal pathway network through the internal common lots
internal to the development that ties in the creek area for residents use as a recreational amenity
(see analysis below for more information).
“Develop and implement programs to encourage and promote tree health and preservation
throughout the City, including along waterways and within proposed development.” (5.01.01E)
The subject property contains many mature trees that will be retained or removed with development
of the subdivision. The previous landscape plan indicates that 1,958 caliper inches of mature trees
exist on the site. Many of them will be removed for various reasons. The plan indicates of the 1,958
caliper inches, only 184 caliper inches will be mitigated and 134 caliper inches of existing will be
retained on the site. If The plat were has been designed with less density, so staff believes more of
the existing mature trees can could be preserved with the development. The applicant is indicated
that the landscape plan will be updated with a new mitigation plan prior to the City Council
hearing.
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Staff believes the proposed revised development plan is generally consistent with the vision of the
Comprehensive Plan in regards to land use, open space, connectivity and density; Hhowever, because the
plat still lacks transitional lots sizes on the south boundary.
VI. UNIFIED DEVELOPMENT CODE ANALYSIS
A. ANNEXATION & ZONING
The Applicant requests annexation of 7.09 acres of land, which includes land to the section line of N.
McDermott Rd., with an R-8 zoning district consistent with the Medium Density Residential (MDR)
Future Land Use Map (FLUM) designation in the Comprehensive Plan. The legal description and exhibit
map for the area proposed to be annexed is included in Section VIII.A below.
Proposed Use:
The Applicant proposes to develop the site with 257 new single-family detached homes; the existing
home is proposed to remain on a lot in the proposed subdivision.
Single-family detached dwellings are listed as a principal permitted use in the R-8 zoning district per
UDC Table 11-2A-2.
The proposed annexation area is contiguous to City annexed property and is within the Area of City
Impact Boundary. A legal description and exhibit map for the annexation area is included in Section
VII.A. A development agreement is not being recommended as part of the annexation request
because staff is recommending denial.
B. PRELIMINARY PLAT
The proposed preliminary plat consists of 268 buildable lots (include the lot where the existing home is
proposed to remain) and 67 common lots and 2 other lots on 7 acres of land in the proposed R-8 zoning
district. Lots range in size from 4,353500 to 13,92412,674 square feet (s.f.). The plat is proposed to
develop in one phase.
Existing Structures/Site Improvements:
There is one (1) existing home and some accessory structures on this site; the existing home is proposed
to remain on Lot 113, Block 2 – all accessory structures that don’t comply with the setbacks of the
district are required to be removed prior to signature on the final plat by the City Engineer. If the
annexation and subdivision is approved, the existing residence should connect to City services and
obtain a new address with development of the property.
Dimensional Standards:
Compliance with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 district is required.
The minimum property size in the R-8 district is 4,000 square feet with a minimum street frontage of 40
feet. All of the lots conform the dimensional standards in UDC Table 11-2A-6.
Access (UDC 11-3A-3):
One access is proposed via N. McDermott Rd., a collector street; local street access is not available to
this property at this time, however a local stub street was planned from the Aegean Subdivision to the
north. The applicant is not proposing the extension of the roadway for interconnectivity between the two
developments in accord with the Plan and UDC. due to the cost associated with crossing over the Five
Mile Creek for the extension of the roadway. ACHD did not require half the cost of the crossing from
the developer of the Aegean project. Therefore, the crossing half the cost would be absorbed by the
subject developer with long term maintenance by ACHD. ACHD is requiring the extension of the road
consistent with their policy. Staff believes these two projects should be connected with a public street
connection.
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UDC 11-3A-3 requires access to local streets when available and the Comprehensive Plan requires
interconnectivity and the extension of stub streets with development. The stub street to the north is not
shown on the proposed plat which is not consistent with the UDC or the Plan.
The local street being proposed (Lupine Lane) does stub at the south boundary. This street does not meet
the naming convention of the City and “Lane” should be removed from the street name as this
nomenclature is reserved for private streets, not public streets. The street does exceed 150 feet,
therefore a temporary turnaround is required. The applicant is proposing to construct a
temporary turnaround on a common lot (Lot 10, Block 2), which decreases the usability of the
area. Staff recommends that the applicant construct the temporary turnaround on Lots 13 and 14
in the southeast corner of the development to increase the open space for development. The reason
for this recommendation is to ensure open space for the development remains intact without
placing a burden on the HOA to remediate the removal of the turnaround area. In discussions
with ACHD, this would not violate any of their policies.
In addition to the stub street not being extended, approximately half of the residential lots take access
from common driveways. The long term maintenance of the common driveways will be the
responsibility of the HOA. Further, Public Works Department is being less supportive of common
driveways because of the separation requirements between the services. They also oppose the extension
of any mains (water or sewer) in said driveways as currently proposed by the applicant.
Per UDC 11-6A-1, one of the objectives of subdividing land is to promote the extension public
streets to improve vehicular network. Staff finds excluding the extension of the stub street and the
excessive number of common driveways does not meet this objective of the subdivision regulations
in the UDC.
Pathways (UDC 11-3A-8):
There are no pathways depicted on the Pathways Master Plan for this property. As noted above, the
applicant is making an attempt to incorporate the irrigation facilities into the boundary of the plat.
This area will remain a natural waterway that will be maintained by the future HOA. Staff
believes the applicant could enhance this development if an internal pedestrian network were
provided in the development. Staff recommends that the applicant include a 5-foot wide pathway
within the following common lots - Lot 5 and Lot 10 AND provide another micropath lot at south
boundary of Lot 14 in the SEC of the development. Further, the 5-foot wide pathway in Lot 10
should stub to southern property boundary for pedestrian connectivity when the property to the
south re-develops. The applicant is proposing a mircopath (Lot 7, Block 2) along the south boundary,
preserving pedestrian connectivity in the future. Common Lot 7, Block 2 must be developed in accord
with UDC 11-3A-8 and UDC 11-3B-12.
Sidewalks (UDC 11-3A-17):
A 5-foot wide detached sidewalk is required along the frontage of this site adjacent to N. McDermott Rd.
The proposed plat depicts the 5-foot wide sidewalk outside of the required landscape buffer adjacent to
McDermott Road. The applicant should relocate the sidewalk in the 35-foot wide landscape buffer to
ensure compliance with the UDC. The plat as submitted complies with this requirement of the UDC.
Landscaping (UDC 11-3B):
A 35-foot wide street buffer is required along N. McDermott Rd. (measured from back of curb),
landscaped per the standards in UDC Table 11-3B-7C. The proposed landscape plan depicts the buffer in
a common lot as required by the UDC and landscaped in accord with UDC 11-3B-7C.
Landscaping is required in common open space areas in accord with the standards listed in UDC 11-3G-
3E. Trees are proposed far exceeding UDC standards.
Tree mitigation is required in accord with the standards listed in UDC 11-3B-10C. As noted above,
the property contains many mature trees that are proposed to be removed or retained as part of
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the project (approximately 1,958 caliper inches). With the redesign of the plat, the applicant
intends to retain more of the mature trees on the site as desired by the City. However, the revised
landscape plan does not depict the number of caliper inches that may be retained as part of the
development. The applicant has informed staff that it is their desire to update the plan with the
mitigation plan prior to the City Council hearing. Staff is amenable to this request and
recommends that 10 days prior to City Council hearing, the applicant should provide a revised
landscape plan that includes the caliper inches that are to be retained and removed as part of the
development. Further, this should be The applicant is proposing to retain 134 caliper inches in the
form of existing trees and mitigate 184 caliper inches. The remaining 1,320 caliper inches are not
being mitigated. UDC 11-3B-10C.5(a) requires 100% replacement of the caliper inches. The
mitigation plan as proposed by the applicant depicts mitigation of 184 caliper inches which does
not comply with UDC standards. The applicant should coordinated with the City Arborist on the
mitigation plan to ensure the development can accommodate as many caliper inches as possible.
Qualified Open Space & Site Amenities (UDC 11-3G):
Because the area of the preliminary plat is approximately 7 acres in size, the qualified open space and
site amenity standards listed in UDC 11-3G-3 apply. The applicant is proposing to approximately
0.83 of an acre of qualified open space in accord with UDC standards. However, as noted above,
staff has concerns with the temporary turnaround on Common Lot 10. If the temporary
turnaround encumbered buildable lots as recommended above, there would be more useable open
space provided within the development. Further, staff is recommending that the applicant provide
an additional amenity in the form of an internal walking path system to integrate the irrigation
facilities into the proposed development (see pathway analysis above). With the relocation of the
turnaround and the inclusion of the internal walking paths, staff is supportive of the open space
and amenities proposed for the development.
The applicant has also indicated that a tot lot is proposed on Common Lot 10 however, the revised
plan does not provide any details of this amenity. During the public hearing the applicant should
clarify if a tot lot is proposed for this development. If one is proposed, the applicant should revise
the landscape plan to include details of this amenity.The applicant has provided an open space exhibit
to show how she derived at the qualified open space for the development. In reviewing the submitted
plan, some of the areas, the applicant is counting towards qualified open space does not meet UDC
standards as follows:
1. Lot 7, Block 2 is not landscaped in accord with UDC 11-3B-12.
2. Lot 6, Block 1 is not improved with an amenity (parking lot does not count as an amenity) or meet
the dimensional standards (50’ X 100’) to count towards qualified open space.
3. Lot 15, Block 2 is proposed to be developed with ACHD temporary turnaround. This area must be
removed from the open space calculations. If this area is not dimensioned 50’ x 100’ with the
removal of imperious surface, this area does not meet the City’s open space standards.
4. Lot 13, Block 1 depicts a pond greater than 25% of the common lot and does not meet UDC
standards in accord with UDC 11-3G-3B.7 and 8.
5. Lot 1, Block 1 is not included in the open space calculation. If this area was enhanced and improved
in accord with City and the irrigation standards and integrated in the subdivision design as
envisioned by the Comprehensive Plan, the applicant could include this lot in the open space
calculations. Without this lot, staff finds that the qualified open space proposed with this project
does not comply with the standards set forth in UDC 11-3G-3.
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Amenities for the development include a gazebo, tot lot and basketball court in excess of UDC
standards.
Waterways (UDC 11-3A-6):
The Five Mile Creek/Mcfadden Drain runs along the northern and eastern perimeter of the property. The
applicant is seeking Council waiver to allow the irrigation facilities remain open. This area will be
contained in common lot to be owned and maintained by a future HOA. Further, the applicant is
proposing to hydroseed this area with native drought tolerant fescue to enhance the area. Although it will
not be improved with a pathway, staff finds that the proposed vegetation and retention of existing trees
will complement the development and may provide passive open space to be used by future residents
who are fond of wildlife viewing.
Fencing (UDC 11-3A-6, 11-3A-7):
All fencing constructed on the site is required to comply with the standards listed in UDC 11-3A-6 and
11-3A-7. The master fence plan complies with UDC standards.
The landscape plan submitted with the application details the fencing proposed for the project. Six-foot
tall vinyl fencing is proposed along the west, south and a portion of the north boundary. The portion of
6-foot solid fencing along the north boundary is adjacent to a common lot and cannot be 6-foot tall solid
fencing as proposed by the applicant. The fencing along the entire north boundary of the buildable
lots, including Lot 14 and 15, Block 1, must be constructed as a 6-foot tall semi-privacy fence as
proposed along the interior common lots within the subdivision.
Six-foot tall semi-privacy fencing is proposed along the internal common lots and the northern boundary
of Lots 16-22, Block 1 in accord with UDC standards.
Utilities (UDC 11-3A-21):
Connection to City water and sewer services is proposed in accord with UDC 11-3A-21. Street lighting
is required to be installed in accord with the City’s adopted standards, specifications and ordinances. See
Section VIII.B below for Public Works comments/conditions.
Pressurized Irrigation System (UDC 11-3A-15):
An underground pressurized irrigation (PI) system is required to be provided for each lot within the
development as set forth as set forth in UDC 11-3A-15. If a PI pump station is required on the developed
property, such station shall be on a lot solely dedicated to that pump station and shall be owned by the
entity that owns and maintains the PI system as set forth in UDC 11-3B-6E.
Storm Drainage (UDC 11-3A-18):
An adequate storm drainage system is required in all developments in accord with the City’s adopted
standards, specifications and ordinances. Design and construction shall follow best management practice
as adopted by the City as set forth in UDC 11-3A-18.
Storm drainage will be mitigated with private drainage ponds at the end of the proposed common
driveways and public street drainage is proposed to accommodate in common Lots 2 and 13, Block 1.
Because ACHD drainage ponds are proposed within common lots, the proposed ponds must be designed
in accord with UDC 11-3B-11 or removed from the open space calculations.
Building Elevations:
Conceptual building elevation photos were submitted for the proposed homes, as shown in Section
VII.E. Building materials are proposed to consist of a mix of stucco, wood, and stone wainscot. Field
and trim materials are distinguished by color and texture; window and door openings are accentuated
with trim.
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Because the rear and/or side of 2-story structures on lots that abut N. McDermott Rd. will be
highly visible, Staff recommends those elevations incorporate articulation through changes in two
or more of the following: modulation (e.g. projections, recesses, step-backs, pop-outs), bays,
banding, porches, balconies, material types, or other integrated architectural elements to break up
monotonous wall planes and roof lines. Single-story structures are exempt from this requirement.
VII. DECISION
A. Staff:
Staff recommends approvaldenial of the proposed Annexation and Preliminary Plat in accord with
the Findings in Section IX.
B. The Meridian Planning and Zoning Commission heard these items on June 18, 2020. At the
public hearing, the Commission voted to recommend approval of the subject AZ and PP
requests.
1. Summary of Commission public hearing:
a. In favor: Penelope Constantikes and Derritt Kerner
b. In opposition: None
c. Commenting: None
d. Written testimony: Sue Wag
e. Staff presenting application: Bill Parsons
f. Other Staff commenting on application: Adrienne Weatherly
2. Key issue(s) of public testimony:
a. Will the proposed development affect the wells and water quality of the Apple Valley
residents.
3. Key issue(s) of discussion by Commission:
a.
b.
c.
d.
Lot transition on the south boundary
Coordination with NMID on allowing the walking path connections to the Five Creek/
McFadden Drain easement area
Relocation of the temporary turnaround on lots 13 and 14
Future extension of the stub street on the south boundary
4. Commission change(s) to Staff recommendation:
a.
b.
Struck condition 2e and 3c requiring the relocation of the temporary turnaround on
buildiable lots on the east side of Lupine Lane
Modify condition of approval 2b. requiring the pathway connections to the irrigation
facilities if allowed by the NMID
5. Outstanding issue(s) for City Council:
a. Applicant is seeking Council waiver to keep the waterways (Five Mile Creek/
McFadden Drain) open in accord with UDC 11-3A-6.
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VIII. EXHIBITS
A. Annexation & Zoning Legal Description and Exhibit Map
Page 14
Page 15
B. Preliminary Plat (date: 11/7/2019 05/14/2020)
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C. Landscape Plan (date: 10/16/2019 05/20/2020 07/13/2020)
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Page 18
D. Conceptual Building Elevation Photos
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IX. CITY/AGENCY COMMENTS & CONDITIONS (NO CONDITIONS OF APPROVAL DUE TO
STAFF’S RECOMMENDATION OF DENIAL)
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 VIII and the provisions contained herein.
b. The rear and/or sides of 2-story structures on Lots 2-4, Block 1 and Lots 2, Block 2
that face N. McDermott Road shall incorporate articulation through changes in two or
more of the following: modulation (e.g. projections, recesses, step-backs, pop-outs),
bays, banding, porches, balconies, material types, or other integrated architectural
elements to break up monotonous wall planes and roof lines. Single-story structures
are exempt from this requirement.
2. The preliminary plat included in Section VII.B, dated 05/14/2020, shall be revised as follows:
a. Add a note to the final plat that prohibits direct lot access to N. McDermott Road.
b. Add a micropath lot on the south boundary of Lot 14, Block 1 in the SEC of the development in
accord with UDC 11-3A-8 and 11-3B-12, if allowed by NMID.
c. The internal streets proposed within the development shall comply with the street naming
standards in Title 8.
d. The existing residence on Lot 13, Block 2 shall connect to City services and obtain a new
address with development of the property.
e. The temporary turnaround on Common Lot 10 shall be relocated on the east side of Lupine Lane
and encumber buildable lots.
3. The landscape plan included in Section VII.C, dated 05/20/2020 07/13/2020, shall be revised ten (10)
days prior to the City Council hearing as follows:
a. The applicant shall coordinate with the City Arborist on the tree mitigation plan to ensure the
development can accommodate as many caliper inches as possible.
b. The applicant shall construct a 5-foot wide pathway within Common Lots 5 and 10 AND
provide another micropath lot at south boundary of Lot 14 in the SEC of the development, if
allowed by NMID. Further, the 5-foot wide pathway in Common Lot 10 must stub to southern
property boundary for pedestrian connectivity when the property to the south develops.
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c. The temporary turnaround area on Common Lot 10 shall be landscaped in accord with UDC 11-
3G-3E.
d. During the public hearing the applicant shall clarify if a tot lot is proposed for this development.
The applicant shall provide a detail of the children’s play structure proposed on Common Lot
10.
4. Future development shall be consistent with the R-8 dimensional standards listed in UDC Table 11-2A-
6.
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. Applicant shall construct homes consistent with the homes elevation in Exhibit VII (D).
7. Developer shall comply with all ACHD conditions of approval.
8. The Applicant shall have a maximum of two (2) years to obtain City Engineer’s signature on a final plat
in accord with UDC 11-6B-7.
9. Staff’s failure to cite specific ordinance provisions does not relieve the applicant of responsibility for
compliance.
10. 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.
NOTE: The applicant is seeking City Council waiver to leave the adjacent waterways open.
B. PUBLIC WORKS
1. Site Specific Condition of Approval
1.1 The applicant shall be required to pay the Oaks Lift Station and Pressure Sewer Reimbursement
Fees in the amount of $265.25 per building lot. The aggregate amount of the reimbursement
fees for the entire preliminary plat area must be paid with the first final plat application.
1.2 The applicant shall be required to pay the Oaks Lift Station Pump Upgrades Reimbursement
Fees in the amount of $185.43 per building lot. The aggregate amount of the reimbursement
fees for the entire preliminary plat area must be paid with the first final plat application.
1.3 As designed, the water mainline will be a long dead-end main, which may result in poor water
quality. This dead-end situation won't be eliminated until the parcels to the south are developed.
1.4 The water mainline in McDermott Road must be extended to the southern property line
extended. Water mainline sizes were not indicated on the preliminary development plans,
however the McDermott mainline must be 12-inch diameter and the Lupine Lane mainline shall
be 8-inch diameter.
1.5 The maximum slope of sewer mainlines is 5.0% due to limitations on our collections televising
equipment. Please revise sewer grade between existing SSMH (within McDermott) and the
upstream manhole, SSMH A1.
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1.6 The geotechnical investigative report prepared by SITE Consulting, LLC indicates some very
specific construction considerations. The applicant shall be responsible for the adherence of
these recommendations to help ensure that groundwater does not become a problem within
crawlspaces of homes, and that storm drainage systems function properly. Applicant shall be
required to submit updated groundwater monitoring data and any new geotechnical investigative
information that has been derived since the initial investigation efforts of April 20, 2019.
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 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.
2.3 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.
2.4 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.
2.5 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.
2.6 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.
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2.7 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.
2.8 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.
2.9 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.
2.10 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.
2.11 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.
2.12 It shall be the responsibility of the applicant to ensure that all development feat ures comply
with the Americans with Disabilities Act and the Fair Housing Act.
2.13 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.14 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.15 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.16 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.
2.17 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.
2.18 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.
2.19 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.
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2.20 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.
2.21 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.
2.22 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/DocView.aspx?id=181295&dbid=0&repo=MeridianCity
D. POLICE DEPARTMENT
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=182011&dbid=0&repo=MeridianCity
E. NAMPA & MERIDIAN IRRIGATION DISTRICT (NMID)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=182431&dbid=0&repo=MeridianCity
F. CENTRAL DISTRICT HEALTH DEPARTMENT (CDHD)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=181358&dbid=0&repo=MeridianCity
G. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=181368&dbid=0&repo=MeridianCity&cr
=1
H. WEST ADA SCHOOL DISTRICT (WASD)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=183096&dbid=0&repo=MeridianCity
I. ADA COUNTY HIGHWAY DISTRICT (ACHD)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=183480&dbid=0&repo=MeridianCity
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:
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1. The map amendment complies with the applicable provisions of the comprehensive plan;
The Commission finds the proposed development is consistent with the vision of the Comprehensive
Plan in regards to land use, open space, transportation and density however, the plat lacks
transitional lots sizes on the south boundary. (See section V. above for more information.)
2. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The Commission finds the proposed map amendment and development complies with the purpose
statements of the residential districts in that it will contribute to the range of housing opportunities
for the community consistent with the Comprehensive Plan.
3. The map amendment shall not be materially detrimental to the public health, safety, and
welfare;
The Commission finds the proposed map amendment should not be detrimental to the public health,
safety and welfare as the proposed residential uses should be compatible with adjacent existing and
future residential uses in the area, if transitional lot sizes are provided along the south boundary.
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 Commission finds City services are available to be provided to this development.
5. The annexation (as applicable) is in the best interest of city.
The Commission finds the proposed annexation is in the best interest of the City as the proposed
development is consistent with the Comprehensive Plan and UDC standards.
B. Preliminary Plat (UDC 11-6B-6)
In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision
making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005)
1. The plat is in conformance with the comprehensive plan and is consistent with this unified
development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008)
The Commission finds the proposed plat is generally in conformance with the Comprehensive Plan
and UDC if the Applicant complies with the conditions of approval in Section VIII.
2. Public services are available or can be made available ad are adequate to accommodate the
proposed development;
The Commission finds public services can be made available to the subject property and will be
adequate to accommodate the proposed development.
3. The plat is in conformance with scheduled public improvements in accord with the city's
capital improvement program;
The Commission finds the proposed plat is in substantial conformance with scheduled public
improvements in accord with the City’s CIP.
4. There is public financial capability of supporting services for the proposed development;
The Commission finds there is public financial capability of supporting services for the proposed
development.
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5. The development will not be detrimental to the public health, safety or general welfare; and
The Commission finds the proposed development will not be detrimental to the public health, safety
or general welfare.
6. The development preserves significant natural, scenic or historic features.
The Commission finds there are natural features (Five Mile Creek and McFadden Drain) that
need to be preserved and enhanced as part of the development.