Z - Signed Findings Item#6.
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW E IDIAN�'
AND DECISION& ORDER
In the Matter of the Request for Daphne Square Subdivision,Annexation,Zoning and Preliminary
Plat approval of 30 residential lots and 3 common lots on 4.97 acres of land in the R-15 zoning
district,by Schultz Development,LLC.
Case No(s). H-2020-0101
For the City Council Hearing Date of: January 19, 2021 (Findings on February 2, 2021)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of January 19,2021, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of January 19,2021,incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of January 19,
2021,incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of January 19,2021, 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(DAPHNE SQUARE SUBDIVISION—FILE#H-2020-0101)
- I Page 136
Item#6.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of January 21, 2021, 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 annexation,zoning to R-15, and preliminary plat is hereby approved
per the conditions of approval in the Staff Report for the hearing date of January 21, 2021,
attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two (2)years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat(UDC 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two (2)years,may be considered for
final approval without resubmission for preliminary plat approval(UDC 11-613-713).
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 1I-
6B-7C).
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s)and returned to the city within six(6)months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(DAPHNE SQUARE SUBDIVISION—FILE#H-2020-0101)
-2-
Page 137
Item#6.
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six(6)month approval
period.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. 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 January 21,2021.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(DAPHNE SQUARE SUBDIVISION—FILE#H-2020-0101)
-3 Page 138
By action of the City Council at its regular meeting held on the 2nd day of
February 12021
COUNCIL PRESIDENT TREG BERNT VOTED
COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER JOE BORTON VOTED
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT E. 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: 2-2-2021
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(DAPHNE SQUARE SUBDIVISION—FILE#H-2020-0101)
-4 Page 139
Item#6.
EXH I BIT A
STAFF REPORT E IDIAN --
COMMUNITY DEVELOPMENT DEPARTMENT .►A H O
HEARING 1/19/2021 Legend
DATE:
TO: Mayor&City Council Pit Luca-Tian
'--
FROM: Alan Tiefenbach
208-489-0573
Bruce Freckleton,Development
Services Manager
208-887-2211
SUBJECT: H-2020-0101 y
Daphne Square Subdivision UM
LOCATION: 4700 W.McMillian Rd. Trrrrrrrn
_
NE corner of N. Black Cat Rd and W.
McMillan Rd. __ +
I. PROJECT DESCRIPTION
Annexation&zoning of 4.97 acres of land with an R-15 zoning district,and preliminary plat
consisting of 30 building lots and 3 common lots,by Schultz Development,LLC.
II. SUMMARY OF REPORT
A. Project Summary
Description Details �_ Page
Acreage 4.97
Future Land Use Designation Medium Density Residential 3-8 du/acre
Existing Land Use(s) Existing manufactured home T
Proposed Land Use(s) Single Family Attached and Detached
Lots(#and type;bldg./common) 30 single family lots and 3 common lots
Phasing Plan(#of phases) One Phase
Number of Residential Units(type 30
of units)
Density(gross&net) 6 du/acre gross
Open Space(acres,total 26,749 sq. ft. (12.36%)qualified open space.
[%]/buffer/qualified)
Amenities 5,611 sq. ft. common lot with shade structure and benches.
Physical Features(waterways, An irrigation lateral runs east to west along McMillian Rd.
hazards,flood plain,hillside)
Neighborhood meeting date;#of August 25,2020,4 attendees
attendees:
Page 1
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Item#6.
Description Details Page
History(previous approvals) N/A
B. Community Metrics
Description Details Page
Ada County Highway District
• Staff report(yes/no) Yes
• Requires ACHD Commission No
Action(yes/no)
Access(Arterial/Collectors/State Northern access from N.Eynsford Ave(local road in
Hwy/Local)(Existing and Proposed) Brody Square)to N.Black Cat Rd via W.Daphne St,there
is also an eastern stub proposed.
Traffic Level of Service D
Existing Road Network No existing internal roads.
Existing Arterial Sidewalks/ Buffer and sidewalk exists on west side of N.Black Cat
Buffers Road(part of the Jump Creek Subdivision.)
W.McMillan Road—no sidewalks or buffers
Proposed Road Improvements Applicant required to construct all internal roads to 33'
width. 5'wide detached sidewalks will be constructed
along N. Black Cat Rd and W.McMillan Rd.
Distance to nearest City Park(+ +/- 1.25 miles,Keith Bird Legacy Park, 1.5 miles,Heroes
size) Park
Fire Service
• Distance to Fire Station 2.4 miles
• Fire Response Time 5 minutes
• Resource Reliability 86%
• Risk Identification 1
• Accessibility Roadway access,radio coverage
• Special/resource needs No aerial device necessary
• Water Supply 1,000 gpm
• Other Resources None needed
Police Service
• Distance to Police Station 7 miles
• Police Response Time >6 minutes
• Calls for Service 631 within one mile
• %of calls for service split by 40.3%P1,53.2%P2, 1.4%P3
priority
• Accessibility Satisfactory.
• Specialty/resource needs None necessary.
• Crimes 115
• Crashes 40
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Item#6.
Ada County Schools
• Impacted Schools Pleasant View ES- .7 Miles
Star MS—7.7 Miles
Meridian HS—4.1 Miles
• Capacity of Schools Pleasant View ES-650
Star MS— 1000
Meridian HS—2075
• #of Students Enrolled Pleasant View ES-356
Star MS—701
Meridian HS— 1975
• Estimated New Students Generated by Development Pleasant View ES- 10
Star MS-5
Meridian HS—7
Wastewater
• Distance to Sewer Services N/A
• Sewer Shed N.Black Cat Trunkshed
• Estimated Project Sewer ERU's See application
• WRRF Declining Balance 13.98
• Project Consistent with WW Master Plan/Facility Yes
Plan
• Impacts/Concerns Additional 543 gpd committed to
model
Water
• Distance to Water Services Directly adjacent
• Pressure Zone 1
• Estimated Project Water ERU's See application
• Water Quality No concerns
• Project Consistent with Water Master Plan Yes
• Impacts/Concerns Dead-end water mainline
Future Land Use Map Aerial Map
Legend Legend
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Project Lncu ton Prnjeot Lim o-=
Medium Dergify
Re sid
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Page 3
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Item#6. Zoning Map Planned Development Map
Legend Legend
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III. APPLICANT INFORMATION
A. Applicant:
Matt Schultz, Schultz Development LLC—8421 S. Ten Mile Rd, Meridian ID 83642
B. Owner:
Kristie and Jeffrey Harrison—Box 136,Adams, Oregon, 97810
C. Representative:
Matt Schultz, Schultz Development LLC—8421 S. Ten Mile Rd,Meridian ID 83642
IV. NOTICING
Planning&Zoning City Council
Posting Date Posting Date
Newspaper Notification 11/27/2020 1/1/2021
Radius notification mailed to
properties within 300 feet 11/23/2020 12/29/2020
Nextdoor posting 11/23/2020 12/29/2020
Sign Posting 12/04/20 1/6/2021
V. STAFF ANALYSIS
This proposal includes annexing 4.97 acres of land,zoning to R-15, and platting 30 building lots and
3 common lots. The majority of the housing is proposed to be single family attached with several
additional single family detached homes.
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Item#6.
A. Annexation:
The proposed annexation area is contiguous to City annexed property and is within the Area of
City Impact Boundary. To ensure the site develops as proposed by the applicant, staff is
recommending a development agreement as part of the annexation approval.
B. Future Land Use Map Designation(https:llwww.meridiancitE.or /�compplan)
This property is designated Medium Density Residential on the City's Future Land Use Map
(FLUM)contained in the Comprehensive Plan.
This designation allows for dwelling units at gross densities of three to eight dwelling units per
acre. Density bonuses may be considered with the provision of additional public amenities such
as a park, school, or land dedicated for public services.
The annexation area is near existing public services and not on the periphery of corporate city
limits; existing City of Meridian zoning and development is directly adjacent to the west, north
and nearby to the east. The property is directly adjacent and south of the Brody Square
Subdivision, of which the final plat was approved by City Council on December 15, 2020. The
proposed land use of single family residential is consistent with the recommended uses in the
FLUM designation, however the proposed density of 6 du/acre is on the higher end of the
recommended density range. Accordingly, staff has conveyed to the applicant that if this higher
density is proposed, the project should incorporate quality open space and amenities. This is
discussed in the open space section later in this staff report.
The City may require a development agreement(DA) in conjunction with an annexation pursuant
to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this
application, staff recommends a DA as a provision of annexation with the provisions included in
Section IX.A. The DA is required to be signed by the property owner(s)/developer and returned to
the City within 6 months of the Council granting the annexation for approval by City Council and
subsequent recordation.
C. Comprehensive Plan Policies (https://www.meridiancity.or /g compplan):
(Staff analysis is in italics after the cited policy)
• Encourage a variety of housing types that meet the needs,preferences, and financial
capabilities of Meridian's present and future residents. (2.01.02D)
This proposal includes single family attached and several single-family detached homes.As
this project is within an area surrounded by primarily single family detached homes, it will
contribute to the variety of housing type.
• Avoid the concentration of any one housing type or lot size in any geographical area;provide
for diverse housing types throughout the City. (2.01.01G)
As mentioned above, this proposal would allow for a more diverse type of housing.
• With new subdivision plats,require the design and construction of pathway connections, easy
pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable
open space with quality amenities"(2.02.01A).
The proposed plat depicts 5'sidewalks on both sides of all local roads. A 5'detached
sidewalk runs along Black Cat Rd. and connects to a sidewalk of the same width at the Brody
Square Subdivision to the north, and there is a 5'detached sidewalk along W. McMillian
which is the same width as the pathway along W. McMillan Ave provided by the Oakwinds
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Item#6.
and Oaks Subdivisions to the west. The sidewalks will result in both external and internal
multi-modal connectivity.
• "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 water and sewer service is available along Black Cat Road and can be extended by the
developer with development in accord with UDC 11-3A-21.
• Require urban infrastructure be provided for all new developments, including curb and gutter,
sidewalks,water and sewer utilities. (3.03.03G)
The applicant will dedicate right-of-way for future widening off. Black Cat Rd. and W.
McMillian Rd, will construct all internal roadways, and will construct detached sidewalks of
5'in width. Curb and gutter is not being constructed along N. Black Cat Rd or W. McMillian
Rd at this time due to the future plans for ACHD to widen both these roads. Water and sewer
will be provided by 8-inch mains constructed in 2021 in the stub street from the Brody Square
subdivision to the north.
• "Require pedestrian access in all new development to link subdivisions together and promote
neighborhood connectivity."(2.02.01D)
Detached sidewalks are proposed on both side of all internal streets. Sidewalks will be
completed to the terminus of the stub street to the east and the border of the property to the
north (to Brody Square) which would connect to any future development.A 5'detached
sidewalk is proposed along the length of the development paralleling Black Cat Road and a
5'detached sidewalk is proposed along W. McMillian Rd.
"Reduce the number of existing access points onto arterial streets by using methods such as
cross-access agreements, access management, and frontage/backage roads, and promoting
local and collector street connectivity"(6.01.0213).
Two points of access are proposed, both from local streets. There will be a northern access
via N. Brody Ave. which will connect to W. Daphne St in the Brody Square Subdivision and to
N. Black Cat Rd. or W. McMillian Rd. An eastern stub is proposed to provide access if the
properties to the east are development(presently in unincorporated Ada County).
D. Existing Structures/Site Improvements:
There is an existing mobile home on the property which will be removed.
E. Proposed Use Analysis:
The applicant proposes single-family attached and detached homes,which are listed as a principal
permitted use in the R-15 zoning district per UDC Table 11-2A-2.
F. Dimensional Standards(UDC 11-2):
The preliminary plat and future development is required to comply with the dimensional
standards listed in UDC Table 11-2A-7 for the R-15 district. All lots meet the minimum 2,000 sq.
ft.requirements, and future structures should comply with the minimum setbacks of the district.
UDC 11-6C-3-regulates block lengths for residential subdivisions. Staff has reviewed the
submitted plat for conformance with these regulations. The intent of this section of code is to
ensure block lengths do not exceed 750 feet, although there is the allowance of an increase in
block length to 1000 feet if a pedestrian connection is provided.
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Item#6.
W. Riva Capri Ct. (the internal road)is approximately 575 feet in length. This exceeds the
maximum of 500' for dead end streets. However,UDC 11-6C-3-B-4 allows the City Council to
approve dead-end streets up to 750' in length where a pedestrian connection is provided from the
street to an adjacent existing or planned pedestrian facility. A pedestrian connection is provided
from the end of the cul-de-sac to the sidewalk along W.McMillian Rd.
G. Access(UDC 11-3A-3,
Two accesses are proposed for this property. The first is a 33' wide internal street which will
connect to the Brody Square Subdivision to the north. The second is a stub street to the
undeveloped property to the east(presently in unincorporated Ada County). Only one street will
serve the internal development—W. Riva Capri Ct-which ends in a cul-de-sac.
N. Black Cat Road, an arterial road, is presently improved with two travel lanes and transitions to
three travel lanes at the site's north property line. There is no curb, gutter or sidewalk on the east
side along the subject property although it is improved with detached sidewalk on the west. The
applicant proposes to dedicate right-of-way,widen the pavement, and construct a 5-foot detached
sidewalk that will connect to one of the same width at the Brody Square Subdivision to the north.
W. McMillian Rd. an arterial road,is improved with 2 travel lanes and no curb,cutter or
sidewalk. A roundabout is planned for the McMillan/Black Cat intersection. The applicant
proposes to dedicate right-of-way,widen the pavement and construct a 5-foot detached sidewalk.
ACHD reviewed this proposal and in a staff report dated November 13, 2020 stated the project is
anticipated to generate approximately 210 additional trips per day and supports the project as
proposed. Meridian Fire has responded the project meets all required access,road widths and
turnarounds.
Common Driveways(UDC 11-6C-3):No common driveways are proposed with this
development.
H. Parking(UDC 11-3C):
Off-street parking is required to be provided for single-family attached based on the number of
bedrooms per unit(i.e. 2, 3 and 4 bedroom units require 4 per dwelling unit with at least 2 in an
enclosed garage, other spaces may be enclosed or a minimum 10' x 20' parking pad)in accord
with the standards listed in UDC Table 11-3C-6.All elevations show at least two car garages, and
the landscape plan shows parking pads of least 20' x 20'in front of the single family attached.
The applicant has provided a parking exhibit. The parking plan provides a 33' local street section
which allows for additional on-street parking of up to 30 on-street spaces. This on-street parking
does not count toward meeting minimum requirements.ACHD and Meridian Fire have both
reviewed the plan and have not expressed concerns.
I. Pathways ( UDC 11-3A-8):
The development proposes one 5' micro-pathway connecting the cul-de-sac to the common open
space in Lot 17,Block 2. However,because it is proposed within the common open space it
would still count as useable open space. The micro-pathway does appear to meet the tree
requirement of at least 100 tree per hundred linear feet as required by UDC 11-3B-12.
J. Sidewalks(UDC 11-3A-17):
Detached sidewalks are proposed throughout the development on both sides of all roads and meet
the minimum 5' width of UDC 11-3A-17.
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Item#6.
K. Parkways (UDC 11-3A-1 :
Parkways are shown on the landscape plan adjacent to the detached pathways along the N. Black
Cat Rd. and W. McMillian Rd. frontages as well as along internal sidewalks. The parkways
exceed the minimum requirement of 8' in width and are landscaped with turf.
L. Landscaping(UDC 11-3B):
The landscape plan reflects 26,749 sq. ft. of open space(12.36%).This includes 25' wide arterial
buffers, 8-foot parkways on the internal streets, a 5,611 square foot common lot, and 6,844 sq. ft.
stormwater facility.As required by UDC 11-3B-5-3, when more than 50 trees are required,there
shall be at least 5 species of trees. 8 species of trees are proposed.
The landscape plan indicates 5 trees totaling 68 inches will be removed which require mitigation.
34 trees at 2"caliper will be planted equaling 68 inches.
M. Qualified Open Space (UDC 11-3G):
The applicant provided an open space exhibit as well as open space calculations on the landscape
plan. The landscape plan reflects 12.36% of qualified open space. This includes several linear
open spaces of at least twenty feet(20') and longer than fifty feet(50')with accesses at both ends
and landscaped at as required per UDC 11-3G-3-E. A 5,611 sq. ft. landscaped common lot is also
proposed.
Staff is not confident this project actually proposes 12.36%of qualified open space. The Open
Space Exhibit indicates the entire parkways along the internal sidewalks being credited,but
driveways cannot be included in this total. Also,only%of the required arterial buffers can be
counted, and the applicant is counting both %2 of the buffers and the parkways within these
required buffers as qualified open space. Finally, a round-about is proposed at the N. Black Cat
Rd/W. McMillian Rd intersection, and the landscape plan suggests the open space is being
counted prior to the round-about construction. It is possible some of the landscaping as shown
will be removed with the road project.
UDC 11-3G-1 requires at least 10% of qualified common open space and site amenities when a
development is more than 5 acres in size. This property is less than 5 acres and therefore would
not be required to meet UDC 11-3G-1. However, at a July 20,2020 Pre-Application meeting,
staff informed the applicant that in order for staff to support the density as proposed,the
development should include high-quality and useable amenities as part of project. The
development as proposed includes a 5,611 common open space which contains a sitting area and
benches located directly on an arterial intersection, and a 6,844 sq. ft. stormwater facility. It is
staff s opinion this development does not include quality useable open space or amenities. Staff
recommends that prior to City Council meeting,the plat and landscape plan be revised to merge
Lots 28 and 29 of Block 1 into Lot 30,Block 1 and provide a quality amenity and useable open
space.
N. Qualified Site Amenities (UDC 11-3G)
As mentioned above,the proposal includes a 5,611 sq. ft. common lot with a shade structure and
benches located directly on an arterial intersection. Although the UDC does not require common
open space or amenities for developments of less than 5 acres,the applicant is requesting the City
annex this property(there are presently no City entitlements) at a density at the high end of the
density range recommendations. Staff has informed the applicant that if a higher density is
proposed, quality open space and amenities should be provided. Staff does not believe this
development includes high quality or useable open space or amenities that justifies higher
density.
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Item#6.
O. Waterways(UDC 11-3A-6):
The applicant has mentioned an irrigation lateral runs along the southern property line, adjacent
to SW.McMillian Ave. The applicant shall comply with the provisions for irrigation ditches,
laterals,canals and/or drainage courses,as set forth in UDC 11-3A-6.
P. 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-
7. A 6-foot tall solid vinyl fence is proposed along the periphery of the property and along the
rear lot line of all single-family units. At least one side of all common open spaces does not have
any fencing. If fencing is proposed, all fencing abutting pathways and common open space lots
not entirely visible from a public street shall be open style of up to six feet(6) in height or closed
vision fencing not exceeding four feet(4') in height as required by UDC 11-3A-7.
Q. Utilities (UDC 11-3A-21):
Connection to City water and sewer services is proposed. Water and sewer will be provided by 8-
inch mains constructed in 2021 in the stub street from the Brody Square subdivision to the north.
Street lighting is required to be installed in accord with the City's adopted standards,
specifications and ordinances.
R. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual):
Conceptual building elevation renderings were submitted for the future detached and attached
homes within the development.All housing types are proposed at two story,with clapboard or lap
siding, dormers and gabled roofs. Overall,the elevations proposed are satisfactory but do not
include elevations of the sides or rears of structures. As many of the houses will be very visible
from N. Black Cat Rd. and W. McMillan Rd. staff recommends a condition that the rear and/or
sides of 2-story structures on Lot 18 of Block I and Lots 2-16 of Block 2 that face N. Black Cat
Road and W. McMillan Rd. 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. Planning approval
will be required at time of building permit. Also,Per UDC 11-513-8, administrative design review
will be required for all new attached residential structures containing two(2)or more dwelling
units.
VI. DECISION
A. Staff:
Staff recommends approval of the requested annexation,zoning to R-15 and preliminary plat for
this property with the conditions noted in Section VII. per the Findings in Section IX.
B. The Meridian Planning&Zoning Commission heard this item on December 17,2020. At the
public hearing,the Commission moved to approve the subject annexation and preliminaa plat
request.
I. Summary of the Commission public hearing_
a. In favor: Matt Schultz,
b. In opposition:None
C. Commenting: Matt Schultz
d. Written testimony: None
e. Staff presenting application: Alan Tiefenbach
f. Other Staff commenting on application: Bill Parsons
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Item#6.
2. Key issue(s)of public testimony_
a. Representative of the Beach Lateral Water Users Association commented the ditch
along W.McMillian was an important source of irrigation and wanted to ensure there
was no interruption or impact on services.
b. Property owner east of the site at 4520 W.McMillan Ave commented their property
shares a property line with much of the subject property,they actively graze livestock
and wanted to make sure there was a fence or other barrier preventing impacts to their
livestock.
3. Ke, ids)of discussion by Commission:
a. Discussed whether enough open space was being provided for this project.
b. Discussed the future round-about and how much landscaping would be lost.
c. Discussed how the retention pond would be constructed and whether it would be a
legitimate open space area.
d. Discussed whether internal sidewalks could be extended to connect to N. Black Cat Rd.
e. Discussed how the lot lines of Lots 18-29 Block 1 did not line up with the lots of the
ad
iacent Brody Square Subdivision to the north and whether a better transition could be
provided.
f. Discussed whether additional open space could be provided by using Lot 1,Block 2 as
open space verses a building lot.
g_ Discussed whether additional open space could be provided to all lots by converting the
detached sidewalks to attached with no parkways and increasing rear setbacks to 20'
versus 12'.
4. Commission change(s)to Staff recommendation:
a. Align Lots 18-29,Block 1 with adjacent northern lots in Brody Square Subdivision to
provide better transition.
b. Applicant shall increase quality open space and amenities by one or both options:
1. Work with Brody Square representatives to locate a playground amenity, in the
central park in Lot 9,Block 3 and allow shared open space and amenities for
residents of both subdivisions.
2. Convert Lot 1,Block 2 of Daphne Square Subdivision into common open space.
C. Detached sidewalks shall be converted to attached sidewalks with parkways eliminated
along_ internal roads and rear setbacks of all building lots shall be increased from 12' to
20'.
C. The Meridian City Council heard these items on January 19, 2021. At the public hearing the
Council approved the subject annexation,zoning and preliminary plat request.
1. Summary of the City Council public hearing
a. In favor: Matt Schultz
b. In opposition: None
C. Commenting: Matt Schultz
d. Written testimony:None
e. Staff presenting application: Alan Tiefenbach
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. None
3. Kev issue(s)of discussion by City Council:
a. None
4. City Council change(s)to Commission recommendation:
a. Removed Planning Commission recommendation to align Lots 18729.Block 1 with
adjacent northern lots in Brody Square Subdivision to provide better transition.
Page 10
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Item#6.
EXHIBITS
A. Revised Preliminary Plat(date: 1/11/2021)
Updated since Planning Commission—moved detention pond adjacent to cul-de-sac open
space, reflected open space conflguration after construction of round-about, converted all
sidewalks from detached to attached, reduced three lots on east side of N.Brody Ave from 3
lots to two lots.
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B. Revised Landscape Plan (date:1/7/2021)
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Page 12
Item#6.
A Revised Oualified Open Space Exhibit(date: 1/7/2021)
CITY OF MERIDIAN
SINGLE FAMILY (R-15) OPEN SPACE
REQUIREMENT
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Page 13
Page 152
Item#6.
E. Daphne Square/Brody Square Amenity Exhibit Demonstrating Option One and Option
Two as recommended by Planning Commission. (date 1/10/2021)
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Page 14
Page 153
Item#6.
F. Parking Exhibit(date: 10/5/2020)
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G. Building Elevations(date: Sept 28,2020)
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Page 15
Page 154
Item#6.
H. Annexation Exhibit(date: 10/7/2020)
EXHIBIT
ANNEXATI0N AND R-15 ZONING DESCRIPTION FOR
DAPHNE SQUARE SUBDIVISION
A portion of the SVV 114 of the SW 1e4 of Sectiori 27, TAN., R.1VV_, B.M..Ada County,
ld;aho more particularly described as follows;
BEGINNJNG at the SW corner of said Section 27 ftorn which the VV114 corer of said
Section 27 bears North OD°31'08' Fast, 2637.33 feet
thence along the VVOM boundary line of said Secti-on 27 North D0`31'08" East 329.50
feel a angle point in the exterior boundary line of Brack Cat Estates SubdNision Na 1 as file in
Book 29 of Plats at Pages 7795 and 1T9O, records of Ada Corr +, I-Jaho:
thence along the exterior boundary line of said Black Cat Estates Subdivision No. I the
following coursed and diskances-
thence leaving said V at boundary line South:89'17 52" East, 660.60 feet.
thence South 00'31'08"West. 326.44 feet to a point on the South boundary line of said
Section 271
therio�along said South boundary line North 89"35'52"West, 660.80 feet to the REAL_
POINT(IF BEGINNING. Containing 4,97 ate, mDre or less.
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Page 16
Page 155
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Item#6.
VII. CITY/AGENCY COMMENTS &CONDITIONS
A. PLANNING DIVISION
1. A Development Agreement(DA) is required as a provision of annexation of this property.
Prior to approval of the annexation ordinance,a DA shall be entered into between the City of
Meridian,the property owner(s) at the time of annexation ordinance adoption, and the
developer.
Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
Planning Division within six(6)months of the City Council granting the annexation. The DA
shall, at minimum, incorporate the following provisions:
a. The rear and/or sides of 2-story structures on Lot 18 of Block 1 and Lots 2-16 of Block 2
that face N. Black Cat Road and W. McMillan Rd 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. Planning approval will be required at time of
building permit.
b. 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.
c. If an agreement cannot be reached with the Brody Square Homeowner's
Association(HOA)in regard to locating an additional playground amenity within
Lot 9,Block 3 of the Brody Square Subdivision and sharing amenities and common
open space between the two subdivisions,the applicant shall revise the preliminary
plat to convert Lot 1,Block 2 of the Daphne Square Subdivision into common open
space.
d. Rear setbacks of all homes in Lots 18-29,Block 1 shall be 20'.
2. Prior-to the City Couneil meeting,the plat a-ad!andseape plan shall be fevised to merge Lots
28 a-ad 29 of Bleek 1 into Lot 30, Bleek 1 and provide a quality amenity and useable open
3. Appheant shall alien lots 18 29,Bloek I with ad*aeent northern lots in Br-odv Seuum,
4. Detached sidewalks shall be converted to attached sidewalks with parkways
eliminated along internal roads and rear setbacks of Lots 18-29,Block 1 shall be
increased from 12'to 20'.
5. Prior-to the City Getmeil meeting,the pla4 and landseape pla-H shall be revised to r-efleet the
4ndseaping Wt shErA%as LEA 17,Week 2 after-a4l AC14D read improvements.
6. Administrative design review will be required for all new attached residential structures
containing two (2)or more dwelling units.
7. The applicant shall comply with all provisions of 11-3A-3 with regard to access to streets.
Page 18 - —
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Item#6.
8. The applicant shall construct all proposed fencing and/or any fencing required by the UDC,
consistent with the standards as set forth in UDC 11-3A-7 and I I-3A-6B, as applicable.
9. The development shall comply with standards and installation for landscaping as set forth in
UDC 11-3B-5 and maintenance thereof as set forth in UDC 11-3B-13.
10. The plat shall comply with the provisions for irrigation ditches,laterals, canals and/or
drainage courses, as set forth in UDC 11-3A-6.
11. The development shall comply with all subdivision design and improvement standards as set
forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common
driveways, easements,blocks, street buffers, and mailbox placement.
12. 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.
13. The Applicant shall have a maximum of two(2)years to obtain City Engineer's signature on
a final plat in accord with UDC 11-613-7.
14. The Applicant shall comply with all conditions of ACHD.
B. PUBLIC WORKS
SITE SPECIFIC CONDITIONS:
I. The water main ending at the cul-de-sac should connect to the existing mainline in Black Cat Road
to avoid dead-end main and to provide a dual connection.
2. The geotechnical investigative report for this development,prepared by ATLAS Materials Testing
& Inspection, dated 08/17/2020 indicates some very specific construction considerations, such as
ensuring that the bottom of crawl spaces must be elevated at least 2-feet above seasonal
groundwater elevation,and the installation of foundation drains. Foundation drains are not allowed
to discharge into the sanitary sewer, or the sanitary sewer/water service line trench. 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.
GENERAL CONDITIONS:
I. Sanitary sewer service to this development is available via extension of existing mains adjacent to
the development. The applicant shall install mains to and through this subdivision; applicant shall
coordinate main size and routing with the Public Works Department, and execute standard forms
of easements for any mains that are required to provide service. 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. Water service to this site is available via extension of existing mains adjacent to the development.
The applicant shall be responsible to install water mains to and through this development,
coordinate main size and routing with Public Works.
3. 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.
4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the
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Item#6.
applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A.
5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing,
landscaping, amenities,pressurized irrigation,prior to signature on the final plat.
6. The City of Meridian requires that the owner post with the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water 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 applicant shall be required to enter into a Development Surety Agreement with the City
of Meridian. 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.
7. 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, and water infrastructure for a duration
of two years. This surety amount will be verified by a line item final cost invoicing 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.
8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health
improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety
agreement may be approved as set forth in UDC 11-5C-3C.
9. 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.
10. 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.
11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that
may be required by the Army Corps of Engineers.
12. Developer shall coordinate mailbox locations with the Meridian Post Office.
13. All grading of the site shall be performed in conformance with MCC 11-1-4B.
14. 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.
15. The 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.
16. 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.
17. 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.
18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street
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Item#6.
Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be
installed at developer's expense. Final design shall be submitted as part of the development plan
set for approval, which must include the location of any existing street lights. The contractor's
work and materials shall conform to the ISPWC and the City of Meridian Supplemental
Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator
at 898-5500 for information on the locations of existing street lighting.
19. 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
I I" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be
sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the
plat referencing this document. All easements must be submitted,reviewed,and approved prior to
signature of the final plat by the City Engineer.
20. Applicant shall be responsible for application and compliance with and NPDES permitting that
may be required by the Environmental Protection Agency.
21. 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 Water Department at(208)888-
5242 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.
22. Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment
procedures and inspections.
23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water(MCC 9-1-28.C.1).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
development plan approval.
24. 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.
C. COMMUNITY DEVELOPMENT (SCHOOLS ANALYSIS)
https:llweblink.meridianciV.ory WWebLinkIDocView.aspx?id=216458&dbid=0&repo=MeridianC
hty
D. ACHD
https:llweblink.meridianciU.orP,/WebLinkIDocView.aspx?id=216805&dbid=0&repo=MeridianC
Lty
D. MERIDIAN POLICE DEPARTMENT
https:llweblink.meridianci y.org/WebLinkIDocView.aspx?id=216307&dbid=0&repo=MeridianC
ky
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Item#6.
E. MERIDIAN FIRE DEPARTMENT
https://weblink.meridianciU.org/WebLink/DocView.aspx?id=215774&dbid=0&repo=MeridianC
ky
F. ADA COUNTY
https://weblink.meridiancity.or lWebLink/DocView.aspx?id=215849&dbid=0&repo=MeridianC
ky
G. DEPARTMENT OF ENVIRONMENTAL QUALITY
https://weblink.meridianciiy.orglWebLinkIDocView.aspx?id=216378&dbid=0&repo=MeridianC
ky
H. SETTLERS IRRIGATION
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=216404&dbid=0&repo=MeridianCi
ty
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Item#6.
VIII. FINDINGS
A.Annexation and/or Rezone(UDC 11-513-3E)
Required Findings: Upon recommendation from the commission,the council shall make a full
investigation and shall, at the public hearing,review the application. In order to grant an annexation
and/or rezone,the council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive plan;
Council finds annexation of the subject site with an R-15 zoning designation is consistent with the
Comprehensive Plan MDR FLUM designation for this property if the Applicant complies with the
provisions in Section VII.
2. The map amendment complies with the regulations outlined for the proposed district, specifically
the purpose statement;
Council finds the lot sizes proposed combined with the housing types proposed will be consistent
with the purpose statement of the residential districts in that a range of housing opportunities will
be provided consistent with the Comprehensive Plan.
3. The map amendment shall not be materially detrimental to the public health, safety, and welfare;
Council finds that the proposed zoning map amendment should not be detrimental to the public
health, safety, or welfare. Council considered any oral or written testimony that was provided
when determining this finding.
4. The map amendment shall not result in an adverse impact upon the delivery of services by any
political subdivision providing public services within the city including,but not limited to, school
districts; and
Council finds that the proposed zoning amendment will not result in any adverse impact upon the
delivery of services by any political subdivision providing services to this site.
5. The annexation(as applicable)is in the best interest of city
Council finds the proposed annexation is in the best interest of the City if the property is
developed in accord with the provisions in Section VII.
B.Preliminary Plat(UDC 11-611-6)
hi 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)
Council finds the proposed plat is generally in conformance with the UDC if the Applicant
complies with the conditions of approval in Section VII.
2. Public services are available or can be made available and are adequate to accommodate the
proposed development;
Council finds public services can be made available to the subject property and will be
adequate to accommodate the proposed development.
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Item#6.
3. The plat is in conformance with scheduled public improvements in accord with the city's
capital improvement program;
Council finds the proposed plat is in substantial conformance with scheduled public
improvements in accord with the City's CIR
4. There is public financial capability of supporting services for the proposed development;
Council finds there is public financial capability of supporting services for the proposed
development.
5. The development will not be detrimental to the public health, safety or general welfare; and
Council 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. (Ord. 05-1170, 8-
30-2005, eff. 9-15-2005)
Council is unaware of any significant natural, scenic or historic features that need to be
preserved with this development.
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