Skybreak Subdivision H-2020-0127 Findings Item#6.
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI
DIAN:-'
AND DECISION&ORDER
In the Matter of the Request for Annexation,Zoning to R-8 and R-15 and Preliminary Plat for 316
residential lots,by DevCo LLC.
Case No(s). H-2020-0127
For the City Council Hearing Date of: June 29, 2021 (Findings on July 20,2021)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of June 29, 2021, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of June 29,2021, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of June 29,2021,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of June 29,2021,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.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of June 29, 2021, incorporated by reference. The conditions are concluded to be
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(SKYBREAK SUBDIVISION—FILE#H-2020-0127)
- I Page 151
Item#6.
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-8 and R-15 and Preliminary Plat for 316
residential lots is hereby approved per the conditions of approval in the Staff Report for the
hearing date of June 29,2021, 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 11-613-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two(2)years,may be considered for
final approval without resubmission for preliminary plat approval(UDC 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up
to two(2)years as determined and approved by the City Council may be granted. With all
extensions,the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension,the property shall be required to go through the platting procedure again(UDC 1I-
6B-7C).
Notice of Conditional Use Permit Duration
Please take notice that the conditional use permit,when granted, shall be valid for a maximum
period of two(2)years unless otherwise approved by the City. During this time,the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting,the final plat must be signed by the City
Engineer within this two(2)year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the
use not to exceed one(1)two (2)year period. Additional time extensions up to two(2)years as
determined and approved by the City Council may be granted. With all extensions,the Director
or City Council may require the conditional use comply with the current provisions of Meridian
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(SKYBREAK SUBDIVISION—FILE#H-2020-0127)
-2-
Page 152
Item#6.
City Code Title 11(UDC 11-513-617).
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six(6)months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six(6)month approval
period.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521,any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight(28)days after the date of this decision and order
seek a judicial review as provided by Chapter 52,Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of June 29,2021
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(SKYBREAK SUBDIVISION—FILE#H-2020-0127)
-3 Page 153
Item#6.
By action of the City Council at its regular meeting held on the 20th day of July
2021
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 SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison
Attest:
Chris Johnson
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 7-20-2021
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(SKYBREAK SUBDIVISION—FILE#H-2020-0127)
-4 Page 154
Item#6.
June 21, 2021
MEMORANDUM
TO: Mayor and City Council
FROM: Alan Tiefenbach, Associate City Planner
RE: Skybreak Subdivision-H-2020-0127
At the May 26, 2021 City Council Special Meeting, the Council directed the applicant to
revise the Skybreak Subdivision plans to address three elements:
1. Provide sidewalks on at least one side of all streets;
2. Provide a better transition between the southern perimeter of the subdivision and the
Vantage Pointe Subdivision to the south. This should be done by extending the larger
lots at the southeast corner of Phase 7 to the west across the southern boundary to the
Farr Lateral;
3. Relocate some of the open space at the south to a more central location.
The applicant has provided revised plans. The plans reflect street sections of the private
streets to show a minimum 5' wide sidewalk on at least one side of the street. The private
street and open space oriented east-west at the southern boundary of the property
(adjacent to Vantage Pointe) has been replaced with lots meeting a minimum square
footage of 20,900 sq. ft. (thereby extending larger lots along the southern boundary). The
open space that was originally reflected at the southern boundary has been relocated to
the center of the development(shown as 19,925 sq. ft. Lot 170, Block 5). The open space
exhibit provided by the applicant reflects a slight reduction in what is being credited as
qualifying open space from 14.99 acres to 14.5 acres. The total number of buildable lots
has decreased from 329 lots to 316 (including the existing single-family residence). The
112 lots served by private streets has been reduced to 106. As requested by the Council,
proposed conditions of approval have also been provided with this memorandum.
Staff has prepared draft conditions of approval as directed by City Council.
Page 155
Community Development Department . 33 E. Broadway Avenue, Suite 102, Meridian, ID 83642
Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org
item#s. Page 2
ATTACHMENTS
Updated Preliminary Plat and Landscape Plan
https://weblink.meridianciiy.org/WebLink/DocView.aspx?id=231293&dbid=0&repo=Me
ridianCity
Updated Narrative
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=2313 57&dbid=0&repo=Me
ridianCity
Page 156
Item#s. Page 3
PROPOSED CONDITIONS OF APPROVAL:
A. PLANNING DIVISION
l. 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 Skybreak Neighborhood shall follow the approved phasing plan
and/or obtain planning and fire department approval for any modifications.
b. The applicant shall submit a wildland safety plan for the hillside area to be
approved by Meridian Fire Department with the first final plat.
c. The existing residence at 3487 E. Adler Hof Ln. (Lot 45, Block 5)will be
required to abandon the well and septic system and connect to City water
and sewer with development of the property.
d. The applicant shall not submit a final plat for Phase 8 and 9 until public
street access is provided.
e. A 30' rear yard setback is required on Lots 74-83, Block 5, abutting
Vantage Pointe.
f. A 15' (external) side yard setback and an increased rear setback (as shown
in applicant's plans) is required for Lot 74, Block 5, abutting Vantage
Pointe.
g. The rear and/or sides of any 2-story structures facing S. Eagle Rd(18-21
Block 1, 15-26 and 76-79 Block 9) 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.
h. Future development of this site shall substantially comply with the
preliminary plat, landscape plan and conceptual building elevations for the
single-family attached and detached dwellings included in the attachments
contained herein.
2. Administrative design review will be required for all new attached residential
structures containing two (2) or more dwelling units.
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►tem#s. Page 4
3. The City Council has approved alternative compliance from UDC 11-3F-4
that limits gated developments to 50 lots, to allow 106 gated lots.
4. The City Council has approved alternative compliance from UDC 11-3F-4
prohibiting common driveways off private streets, to allow 3 common
driveways.
5. The City Council has approved a wavier from UDC 11-6C-3 limiting dead-
end streets ending in a cul-de-sac to 500 feet to allow the Phase 8 cul-de-sac
in the northeast corner to extend to approximately 610'.
6. The City Council has approved a wavier from UDC 11-6C-3 limiting block
face to no more than seven hundred fifty(750) feet in length without an
intersecting street or alley to allow Block 9, north of the Farr Lateral to be
approximately 1,000 feet in length.
7. The City Council has approved a wavier from UDC 11-6C-3 limiting block
face to no more than seven hundred fifty(750) feet in length without an
intersecting street or alley to allow Block 5, along the southern boundary of
the property, to be approximately 1,190 feet in length.
8. The City Council has approved alternative compliance from UDC 11-3B-12
and UDC 11-3G-3 requiring minimum landscaping along pathways and
within common open space to allow the pathway area shown in Lot 46 of
Block 5 to remain in a natural state.
9. The development shall comply with standards and installation for landscaping
as set forth in UDC 11-3B, 11-3G and maintenance thereof as set forth in
UDC 11-3B-13.
10. 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 11-3A-6B, as applicable.
11. Except as otherwise listed above, the development shall comply with the
private street requirements as set forth in 11-3F, including the applicant or
owner providing documentation of a binding contract that establishes the
party or parties responsible for the repair and maintenance of the private
street, including regulations for the funding thereof.
12. The plat shall comply with the provisions for irrigation ditches, laterals,
canals and/or drainage courses, as set forth in UDC 11-3A-6. The Farr
Lateral is allowed to remain open as waived by City Council.
13. Except as listed above, the applicant shall comply with all provisions of 11-
3A-3 with regard to access to streets.
14. 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.
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item#s. Page 5
15. 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.
16. The Applicant shall have a maximum of two (2) years from the date of City
Council approval to obtain City Engineer's signature on a final plat in
accord with UDC 11-6B-7.
17. The Applicant shall comply with all conditions of ACHD.
18. Staff s failure to cite specific ordinance provisions or conditions from the
preliminary plat and/or development agreement does not relieve the
Applicant of responsibility for compliance.
B. PUBLIC WORKS
1. Site Specific Conditions of Approval
1.1 Preliminary plat conceptual site plans dated 12/11/2020 must be adjusted as
follows:
1.1.1 The sewer main stub near intersection of Street C and D needs to
end in a manhole.
1.1.2 The sewer main stub at the North end of Street E needs to end in a
manhole.
1.1.3 The sewer on the south-eastern boundary(Street J) should not go
to the property boundary.
1.1.4 The sewer main should run at 0.60% slope and end in a manhole
short of the property boundary.
1.l.5 Water and sewer mains must be covered in a 20-foot-wide
easement per utility.
1.1.6 Easements cannot have encroachments of any permanent structures
including but not limited to buildings, carports, trash enclosures,
fences, trees, deep rooting bushes, etc.
1.1.7 Maintain a minimum 90-degree angle into/out of all manholes.
1.1.8 Slope between manholes shall not exceed 5%. Slopes between
SSMH G-3 to SSMH H-1, SSMH G-4 to SSMH J-1, and SSMH
G-8 to SSMH K-1 exceeds this.
1.1.9 No public main is allowed in common driveways, sewer line A and
F are shown going through private drives.
1.1.9.1 If you have three or less lots on a common drive, services
should be stubbed from the roadway.
1.1.9.2 Four or more lots, sewer will be allowed in the common
drive. Sewer will be private and will be the responsibility
of the HOA to maintain. Manholes needed in the common
drive shall be marked with "Private" on the lid.
1.1.10 A drainage plan is required to be provided and reviewed prior to
plan approval.
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►tem#s. Page 6
1.1.11 Current design does not meet minimum fire flow. A possible
solution is to upsize some 12" mains and add two more
connections, one at the southwest and one at the northeast corner
of the development. These changes must be coordinated with
Public Works.
1.1.12 A streetlight plan must be provided with the final plat application.
Streetlight plan requirements are listed in Meridian Design
Standards.
1.1.13 Phase 8 of the proposal is in Flood Zone A. This area requires
extending the existing hydraulic and hydrology study and
establishing base flood elevations. Other phases are not impacted
by flood zone and will not require floodplain study or permits.
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item#s. Page 7
2. General Conditions of Approval
2.1 Applicant shall coordinate water and sewer main size and routing with the
Public Works Department, and execute standard forms of easements for any
mains that are required to provide service outside of a public right-of-way.
Minimum cover over sewer mains is three feet, if cover from top of pipe to
sub-grade is less than three feet than alternate materials shall be used in
conformance of City of Meridian Public Works Departments Standard
Specifications.
2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install
sewer and water mains to and through this development. Applicant may be
eligible for a reimbursement agreement for infrastructure enhancement per
MCC 8-6-5.
2.3 The applicant shall provide easement(s) for all public water/sewer mains
outside of public right of way(include all water services and hydrants). The
easement widths shall be 20-feet wide for a single utility, or 30-feet wide for
two. The easements shall not be dedicated via the plat, but rather dedicated
outside the plat process using the City of Meridian's standard forms. The
easement shall be graphically depicted on the plat for reference purposes.
Submit an executed easement (on the form available from Public Works), a
legal description prepared by an Idaho Licensed Professional Land Surveyor,
which must include the area of the easement (marked EXHIBIT A) and an
81/2"x 11"map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land
Surveyor. DO NOT RECORD. Add a note to the plat referencing this
document. All easements must be submitted, reviewed, and approved prior to
development plan approval.
2.4 The City of Meridian requires that pressurized irrigation systems be supplied
by a year-round source of water(MCC 12-13-8.3). The applicant should be
required to use any existing surface or well water for the primary source. If a
surface or well source is not available, a single-point connection to the
culinary water system shall be required. If a single-point connection is
utilized, the developer will be responsible for the payment of assessments for
the common areas prior to prior to receiving development plan approval.
2.5 All existing structures that are required to be removed shall be prior to
signature on the final plat by the City Engineer. Any structures that are
allowed to remain shall be subject to evaluation and possible reassignment of
street addressing to be in compliance with MCC.
2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural
waterways, intersecting, crossing or laying adjacent and contiguous to the area
being subdivided shall be addressed per UDC 11-3A-6. In performing such
work, the applicant shall comply with Idaho Code 42-1207 and any other
applicable law or regulation.
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►tem#s. Page 8
2.7 Any wells that will not continue to be used must be properly abandoned
according to Idaho Well Construction Standards Rules administered by the
Idaho Department of Water Resources. The Developer's Engineer shall
provide a statement addressing whether there are any existing wells in the
development, and if so, how they will continue to be used, or provide record
of their abandonment.
2.8 Any existing septic systems within this project shall be removed from service
per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health
for abandonment procedures and inspections (208)375-5211.
2.9 Street signs are to be in place, sanitary sewer and water system shall be
approved and activated, road base approved by the Ada County Highway
District and the Final Plat for this subdivision shall be recorded, prior to
applying for building permits.
2.10 A letter of credit or cash surety in the amount of 110%will be required for
all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the
final plat.
2.11 All improvements related to public life, safety and health shall be
completed prior to occupancy of the structures. Where approved by the City
Engineer, an owner may post a performance surety for such improvements in
order to obtain City Engineer signature on the final plat as set forth in UDC
11-5C-3B.
2.12 Applicant shall be required to pay Public Works development plan review,
and construction inspection fees, as determined during the plan review
process, prior to the issuance of a plan approval letter.
2.13 It shall be the responsibility of the applicant to ensure that all development
features comply with the Americans with Disabilities Act and the Fair
Housing Act.
2.14 Applicant shall be responsible for application and compliance with any
Section 404 Permitting that may be required by the Army Corps of Engineers.
2.15 Developer shall coordinate mailbox locations with the Meridian Post
Office.
2.16 All grading of the site shall be performed in conformance with MCC 11-
12-31-1.
2.17 Compaction test results shall be submitted to the Meridian Building
Department for all building pads receiving engineered backfill, where footing
would sit atop fill material.
2.18 The design engineer shall be required to certify that the street centerline
elevations are set a minimum of 3-feet above the highest established peak
groundwater elevation. This is to ensure that the bottom elevation of the
crawl spaces of homes is at least 1-foot above.
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ttem#s. Page 9
2.19 The applicants design engineer shall be responsible for inspection of all
irrigation and/or drainage facility within this project that do not fall under
the jurisdiction of an irrigation district or ACHD. The design engineer shall
provide certification that the facilities have been installed in accordance with
the approved design plans. This certification will be required before a
certificate of occupancy is issued for any structures within the project.
2.20 At the completion of the project, the applicant shall be responsible to
submit record drawings per the City of Meridian AutoCAD standards. These
record drawings must be received and approved prior to the issuance of a
certification of occupancy for any structures within the project.
2.21 A street light plan will need to be included in the civil construction plans.
Street light plan requirements are listed in section 6-5 of the Improvement
Standards for Street Lighting. A copy of the standards can be found at
hqp://www.meridiancily.org/public works.aspx?id=272.
2.22 The City of Meridian requires that the owner post to the City a
performance surety in the amount of 125% of the total construction cost for all
incomplete sewer, water and reuse infrastructure prior to final plat signature.
This surety will be verified by a line item cost estimate provided by the owner
to the City. The surety can be posted in the form of an irrevocable letter of
credit, cash deposit or bond. Applicant must file an application for surety,
which can be found on the Community Development Department website.
Please contact Land Development Service for more information at 887-2211.
2.23 The City of Meridian requires that the owner post to the City a warranty
surety in the amount of 20% of the total construction cost for all completed
sewer, water and reuse infrastructure for duration of two years. This surety
will be verified by a line item cost estimate provided by the owner to the City.
The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be
found on the Community Development Department website. Please contact
Land Development Service for more information at 887-2211.
Page 163
,tem#6. EX H I BIT A
STAFF REPORT E IDIANn-=-
COMMUNITY DEVELOPMENT DEPARTMENT A H O
HEARING 5/26/2021 (Continued from 5/25/2021) Legend
DATE:
��Proje�t Lacfl�ion
TO: Mayor&City Council
FROM: Alan Tiefenbach,Associate Planner
54 i Y
f� Y
SUBJECT: H-2020-0127
Skybreak Subdivision
_a
LOCATION: 7020 S. Eagle Rd. &3487 E.Adler Hof
Ln., in the south I/ of the NW 1/4 of
Section 4,T.2N., R.1E. (Parcels#
S1404244250& S1404233650) r
s i I
I. PROJECT DESCRIPTION
The Applicant has submitted the following applications:
• Annexation of 80.46 acres of land with an R-8 and R-15 zoning district;
• Preliminary plat consisting of 328 building lots,40 common lots and 14 other lots (i.e. 12 common
driveway lots,one(1)private street lot and one(1) lot for the existing home).
• Private streets in the gated portion of the development serving 112 residential units with two(2)gates; and,
• Alternative Compliance to UDC 11-3F-4A.6,which prohibits common driveways off private streets,to
allow such in three(3)locations within the gated area of the subdivision and UDC 11-3F-4A.b which
limits all proposed gated developments to 50 units.
The applicant submitted a previous proposal in June of 2020(H-2020-0079). This proposal consisted of 353
building lots, all of it single family detached. This proposal was scheduled for the October 15,2020
Planning Commission meeting. Following staffs report to the Commission recommending denial, the
applicant withdrew the application, and resubmitted the present one in January of 2021. This proposal is
virtually the same except for 24 less lots,slightly enlarged open space in several areas, and 30 single family
attached units in the northwest corner of the project.
Page 1
Page 164
Item#6.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 80.46 .
Existing/Proposed Zoning RUT in Ada County(existing),R-8 and R-15 proposed
Future Land Use Designation Low Density Residential(LDR)&Medium Density Residential(MDR)
i
Existing Land Use(s) Single-family residential/agricultural
Proposed Land Use(s) Single-family residential(SFR) —
Lots(#and type; 328 SFR buildable lots/40 common lots/14 other lots(i.e. 12 common driveway
bldg./common) lots, 1 private street lot& 1 lot for the existing home
Phasing Plan(#of phases) 9 phases I
Number of Residential Units 30 attached SFR homes
(type of units) 298 detached SFR homes(one is existing)
Density 4.1 units/acre(gross)
Open Space(acres,total 14.99 acres(or 18.8%)qualified open space
[%]/buffer/qualified)
Amenities (2)dog parks;3/4 acre park with play structure,climbing rocks,a shade structure
and benches;entry park, 1-acre sports park,passive open spaces and pathways
Physical Features The Farr Lateral crosses the southwest corner of this site;hillside/topography
(waterways,hazards,flood within southern rim area.
plain,hillside)
Neighborhood meeting date; 5/27/20; 14 attendees,December 16,2020; 9 attendees
#of attendees:
History(previous approvals) Property boundary adjustment(Record of Survey#12358,Eisenman 2020),
previous proposal similar to this one was withdrawn just prior to Planning
Commission due to staff recommendation of denial.(H-2020-0079)
B. Community Metrics
Description Details Page
Ada County Highway
District
• Staff report(yes/no) Yes
• Requires ACHD No
Commission Action
(yes/no)
Traffic Impact Study(yes/no) Yes
Access One(1)public street access(Street A)is proposed via S.Eagle Rd.,an arterial
(Arterial/Collectors/State street.Eagle Rd. is currently improved with 2 travel lanes and no curb,gutter or
Hwy/Local)(Existing and sidewalk.
Proposed)
Traffic Level of Service Eagle Rd.—Better than"E"(acceptable level of service)
Stub Stub streets are proposed to adjacent properties for future extension and
Street/Interconnectivity/Cross interconnectivity as depicted on the plat. Southern stub streets only have
Access emergency access.The area in the NEC of the proposed development(Phase 8)
Page 2
Page 165
Item#6.
Description Details Page
cannot develop until Pura Vida extends a public street;Phase 9 of the
development currently does not have the right to access the private lane and
cannot develop until a public street is extended to the proposed development
Existing Road Network There is an existing private street(E.Adler Hof Ln.)that provides access from S.
Eagle Rd.to the existing homes on this site. This roadway should terminate with
development of the site as proposed.
Existing Arterial Sidewalks/ None .
Buffers
Proposed Road Capital Improvements Plan(CIP)I Integrated Five Year Work Plan(IFYWP):
Improvements • Lake Hazel Road is scheduled in the IFYWP to be widened to 5-lanes from Eagle Road to
Cloverdale Road in 2024.
• Eagle Road is scheduled in the IFYWP to be widened to 5-lanes from Lake Hazel Road to
Amity Road in 2023.
• The intersection of Lake Hazel Road and Eagle Road is scheduled in the IFYWP to be
widened to 6-lanes on the north leg, 5-lanes on the south,7-lanes east,and 6-lanes on the
west leg,and reconstructed/signalized in 2023.
• Lake Hazel Road is listed in the 2016 C I P to be widened to 5-lanes from Locust Grove Road
to Eagle Road between 2026 and 2030.
• The intersection of Lake Hazel Road and Locust Grove Road is listed in the 2016 CIP to be
widened to 3-lanes on the north leg, 2-lanes on the south,2-lanes east,and 3-lanes on the
west leg,and signalized between 2026 and 2030,
Fire Service
• Distance to Fire Station 2.9 miles(Fire Station#4)
Fire has expressed concerns with only one point of access from S.Eagle Rd.Fire
would prefer a second access to the north to E.Lake Hazel Rd.
Fire has also expressed concerns with the private gates causing additional delays.
• Fire Response Time Most(3/4+l-)of this development falls outside of the 5 minute response time goal
from Fire Station#4.
• Resource Reliability Current reliability is 77%from Station#4—does not meet targeted goal of 80%or
greater
• Risk Identification 2—current resources would not be adequate to supply service.
A wildfire safety plan is required.
• Accessibility Project meets all required access,road widths and turnaround.
• Special/resource needs Project will not require an aerial device;can meet this need in the required
timeframe if a truck company is required(fire station is 5.9 miles away).
• Water Supply Requires 1,000 gallons per minute for one hour,may be less if buildings are fully
sprinklered.
• Other In the event of a hazmat event,there will need to be mutual aid required for the
development.In the event of a structure fire,an additional truck company will be
required—this will require additional time delays as a second truck company is
not available in the City.
Police Service
• Distance to Police 5.5 miles , ■
Station
• Police Response Time There is no call data in this area because the proposed development is at the edge
of City limits.
• Calls for Service 1 7(within a mile of site—between 2/1/19 and 1/31/20)
• %of calls for service See Section IX.D
split by priority
• Accessibility No concerns
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Item#6.
Description Details Page
• Specialty/resource needs None at this time
• Crimes 1 (within a mile of site—between 2/1/19 and 1/31/20)
• Crashes 9(within a mile of site—between 2/1/19 and 1/31/20)
• Other Although located near the edge of City limits,service can be provided if this
development is approved.
West Ada School District
• Distance(elem,ms,hs) Enrollment Capaci Miles
Oev.m Sow
• Capacity of Schools '*Silver Sage Elementary*` 230 425 5.1 miles
Lake Hazel Middle School 928 1000 2.4 miles
• #of Students Enrolled Mountain View High School 2302 2175 4.8 miles
**Enrollment at Hillsdale Elementary is currently capped. Students in this development will be attending Silver Sag
Elementary until a new school is built to eliminate overcrowding at Hillsdale Elementary.**
• Predicted#of students 247+/-
generated from
proposed development
Wastewater
• Distance to Sewer Sewer will be available with the development of Keep Subdivision on the West side of
Services Eagle Road.
• Sewer Shed South Black Cat Trunk Shed
• Estimated Project Sewer See Application
ERU's
• WRRF Declining 14.08
Balance
• Project Consistent with Yes
W W Master
Plan/Facility Plan
• Impacts/Concerns Water and sewer mains should not be in common driveways.
Concerns have been expressed regarding the width of the private streets and that the
required 30' easements may overlap onto private properties,rendering these areas
unbuildable.
The City is applying the following requirements for Common Driveways.
• Three or less lots—services from main in adjacent road
• Four or more lots—Sewer in common drive. Sewer will be private and will be
the responsibility of the HOA to maintain.Manhole needed in the common
drive at the property boundary with"Private"on the lid.
Water
• Distance to Water Directly adjacent
Services
• Pressure Zone 5 '
• Estimated Project Water See application
ERU's
Page 4
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Item#6.
• Water Quality No concerns
• Project Consistent with Yes
Water Master Plan
• Impacts/Concerns • Common drives that have both water and sewer mains will require a 30'easement
•As currently designed,most phases do not meet minimum fire flow pressure. There
are multiple options to meet fire flow including upsizing some water mains to 12" and a
secondary connections.
•Coordinate with PW Engineering on main sizes,connection at the SW corner and
connection at the NE corner.
C. Project Area Maps
Future Land Use Map Aerial Map
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Page 5
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Item#6.
Zoning Map Planned Development Map
Legend Legend r
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III. APPLICANT INFORMATION
A. Applicant:
Conger Group—4824 W. Fairview Ave.,Boise, ID 83706
B. Owner:
Peter and Dana Eisenman—3487 E.Adler Hof Ln.,Meridian,ID 83642
C. Representative:
Laren Bailey, Conger Group—4824 W. Fairview Ave.,Boise,ID 83706
IV. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Notification published in 2/26/2021 5/7/2021
newspaper
Notification mailed to property 2/23/2021 5/4/2021
owners within 300 feet
Applicant posted public hearing 3/5/2021 5/13/2021
notice on site
Nextdoor posting 2/25/2021 5/3/2021
Page 6
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Item#6.
V. STAFF ANALYSIS
A. Future Land Use Map Designation
The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates the 6+/-acres at the
southwest corner of the site, south of the Farr Lateral,as Low Density Residential(LDR) and the remaining
74+/-acres as Medium Density Residential(MDR).A City Park is designated in the general area at the
southwest corner of the site.
Per the Comprehensive Plan,the LDR designation allows for the development of single-family homes on large
and estate lots at gross densities of 3 dwelling units or less per acre. These areas often transition between
existing rural residential and urban properties. Developments need to respect agricultural heritage and
resources,recognize view sheds and open spaces,and maintain or improve the overall atmosphere of the area.
The use of open spaces,parks,trails and other appropriate means should enhance the character of the area.
Density bonuses may be considered with the provision of additional public amenities such as apark, school, or
land dedicated for public services.
The MDR designation allows for dwelling units at gross densities of 3 to 8 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 Applicant proposes to develop this site with 328 single-family residential homes at an overall gross
density of 4.1 dwelling units per acre(An additional lot will contain the existing house). A total of 23 units are
proposed within the 6+/-acre LDR designated area for a gross density of 3.8 units per acre in that area,which
exceeds the density desired of 3 or fewer units per acre. Smaller lots, instead of the large or estate lots as
desired in LDR designated areas, are proposed along with open space areas along the southern boundary and
along the northern boundary adjacent to the Farr Lateral. There are several larger one-half acre lots proposed at
the southeast directly abutting the adjacent residences in Vantage Point Subdivision. However,the rectangular
lots are oriented as such that the abutting lot lines are half or less than the width of the neighboring residential
lots, so there are several lots abutting one neighboring lot. The applicant proposes to limit the height of the
houses in this area to one story to help protect view sheds.
The units proposed in the MDR designated area meet a gross density of 4.1 units per acre in that area,which is
consistent with that desired in MDR designated areas of 3 to 8 units per acre. A City park is not proposed,but
the Park's Department has determined a City park is not needed in this area.
B. Comprehensive Plan Analysis(COMPREHENSIVE PLAN)
The following Comprehensive Plan Policies are applicable to this development:
• `Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of
Meridian's present and future residents."(2.01.02D)
The applicant isproposing 328 lots, with 30 of the lots containing single family attached at the northwest
portion of the site. The remainder of the 299 lots are intended for single family detached units.
The applicant's narrative references housing types such as large rim lot houses, two story golf course
houses, large lot homes, 255 single story homes and the attached single-family product. The single
family attached product does contribute to the variety of housing types in the overall area.However, the
remaining single family detached houses contribute to a diversity of housingsoles but not particularly
the variety of housing Opes intended by the Comprehensive Plan for all needs,preferences and financial
capabilities.
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Item#6.
• "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 services are available and can be extended by the developer with development in
accord with UDC 11-3A-21.
Currently, this development can be served by the Fire Department. However, most of the development
is outside of response time goals, does not meet resource reliability goals, and has risk factors
including a steep hill with a potential for wildfire if the hillside isn't maintained(see the Fire
Department's comment in Section VII below). Additionally, with the main access and secondary
access both from Eagle Rd., if access is blocked from the north via Eagle Rd. it may delay emergency
services by having to travel 3.5+/-miles around the square mile to access the site,potentially creating
a life safety issue. If the applicant is able to secure legal secondary access to the north this would
alleviate concerns but this would be contingent upon whether those properties develop, and staff might
recommend only some number of lots being developed until that occurs. The Southern Meridian Fire
Station adjacent to Discovery Park is anticipated for construction in 2023; if this occurs, there will be
significantly improved fire service to the subject property. The annexation is currently in process and
scheduled for a public hearing.
• "Require all new development to create a site design compatible with surrounding uses through
buffering, screening,transitional densities, and other best site design practices."(3.07.01A)
The subject property abuts Pura Vida Ridge Ranch to the northeast, the Boise Ranch Golf Course to
the east, and Vantage Pointe Subdivision to the south.
This development proposes R-8 zoning and lot sizes of approximately 5,000 sq.ft. to 6,000 sq.ft.
adjacent to Pura Vida Ridge Ranch, whereas Pura Vida Ranch includes lot sizes of comparable sizes
and the same R-8 zoning. To the southwest(Phase 9), the development proposes lot sizes of
approximately 6,000—6,500 sq.ft. whereas the adjacent Vantage Pointe Subdivision is comprised of
lots one-acre in size and greater(although there are four lots proposed with this development directly
abutting the south area and are %2 acre to 3/acre in size).
The development does include private roads and common open space as a buffer of between 80 feet
and 120 feet between the smaller lots of the subject property and the one acre lots to the south in
Vantage Point. The development also proposes one story homes in this area.An abutting neighbor has
submitted written testimony stating the buffer as proposed and the lot sizes are not appropriate
transitions in this area. It is staffs opinion the lots should be at least one-acre in this area and have
property line lengths that better orient to adjacent off-site properties. The Planning Commission and
City Council should assess whether there is an appropriate transition in this area.
"Encourage compatible uses and site design to minimize conflicts and maximize use of land."
(3.07.00)
The proposed single-family attached homes at the northwest are generally compatible as they directly
abut S. Eagle Road and there are no adjacent homes directly to the north. The single family detached
homes are generally compatible with existing rural residential homes as they are all residential in
nature. However, with the exception of the larger lots and open space on the south boundary, the
proposed plat depicts smaller lots (i.e. 4,448-4,950 sf.) than those of the lots in the abutting Vantage
Pointe Subdivision. The Commission and Council should determine if the applicant has provided an
adequate transition.
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Item#6.
• "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 Pathways Plan depicts a segment of the City's multi-use pathway system along the eastern
boundary of the site; a 10 foot wide multi-use pathway is proposed in accord with the Plan on the
northern portion of the development but transitions to a 5-foot wide pathway to the south and does not
stub to the south for future extension as shown on the Plan. However, the Park's Dept. has indicated
they are supportive of the proposed design. This pathway will eventually provide a connection to
Discovery Park to the west and Hillside Elementary and the YMCA to the north. There is also a 10'
multi-use pathway proposed adjacent to the Farr Lateral, as is shown on the pathways plan. These
pathways will be valuable amenities to the project.A golf cart pathway is shown as Lot 41 on Block 5,
which terminates at the Boise Ranch Golf Course.
Proposed site amenities consist of children's play equipment/structures, a picnic shelter,pathways, two
dog parks and additional open space of at least 20,000 square feet above the minimum UDC
requirements, which are located along the northern and southern boundaries of the site and are not
centrally located. Although much of the open space meets the minimum dimensional requirements of the
UDC(i.e. at least 20'in width and 50'in length with an access on each end) a significant portion of
what is proposed as qualified open space consists of street buffers and end caps with parkways. Also, it
is important to note that the applicant's narrative contains a pedestrian connectivity exhibit which
shows narrow private roads with no sidewalks and common drives as 'pedestrian connections"which
staff believes is somewhat misleading. However, the private street standards do not require them.
Additionally, staff believes the entire development should contain public streets which would require
the 5-foot sidewalks per City code. The Commission and Council should determine if the pedestrian
circulation plan is adequate for the proposed development with the inclusion of the private system.
• "Evaluate open space and amenity requirement and criteria for consistency with community needs and
values."(2.02.01 B)
Because the average lot size proposed in the development is only 6,280 square feet, Staff is of the
opinion the end caps could be re-oriented/consolidated with other larger common lots to increase the
usable open space within the development. This was discussed during the pre-application meetings with
the applicant and they are of the opinion the open space as proposed exceeds UDC standards and is
designed to meet the needs of the development.
• `Ensure development is connected to City of Meridian water and sanitary sewer systems and the
extension to and through said developments are constructed in conformance with the City of Meridian
Water and Sewer System Master Plans in effect at the time of development."(3.03.03A)
The proposed development will connect to City water and sewer systems;services are required to be
provided to and through with this development.
• "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels
within the City over parcels on the fringe."(2.02.02)
The subject property abuts portions of the city limits at the northwest and northeast corner, but the
majority of the property perimeter is surrounded by unincorporated Ada County. The proposed project
is located near the fringe of the City and does not meet the definition of an infill development.
• "Encourage the incorporation of creek corridors as amenities in development design."(4.05.02C)
The Ten Mile Creek crosses the northeast corner of the site; a common area is proposed for the creek
area and a multi-use pathway is proposed along the creek in accord with the Pathways Master Plan.
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Item#6.
• "Require urban infrastructure be provided for all new developments,including curb and gutter,
sidewalks,water and sewer utilities."(3.03.03G)
City sewer and water infrastructure and curb, gutter and sidewalks are required to be provided with
the public road portion of this development. The cross sections provided for the private road portion
do not depict sidewalks. The applicant contends that the private streets provide an intimate setting for
the residents and narrower streets decrease traffic speeds which do not warrant the additional
improvements. It is important to note that the director has not approved theprivate street application,
thus the plat should be redesigned to incorporate public streets for the entire development.
• "Slow the outward progression of the City's limits by discouraging fringe area development; encourage
development of vacant or underutilized parcels currently within City limits."(4.05.03B)
The proposed project is in the City's `fringe"area; therefore, development in this area is not
encouraged as are vacant/underutilized parcels currently within City limits. However, the City has
recently approved several developments (Pura Vida and Poiema)north of the proposed development
making this property more desirable to develop.
• "Evaluate comprehensive impacts of growth and consider City Master Plans and Strategic Plans in all
land use decisions(e.g.,traffic impacts, school enrollment, and parks)."(3.01.01A)
Eagle Rd. is currently a 2-lane roadway with no curb,gutter or sidewalks; no improvements are
planned in the CIP/IFYWP to the segment of Eagle Rd. abutting this site. The Lake Hazel/Eagle Road
intersection north of the site is planned to be reconstructed and signalized in 2023. The ACHD report
states that the TIS estimates this development to generate an additional 3,343 trips per day resulting in
an acceptable level of service (i.e. better than `E').
WASD estimates this development will house approximately 247 school aged children—enrollment at
Hillsdale Elementary is currently capped so students in this development would attend Silver Sage,
which is currently under capacity; enrollment at Lake Hazel Middle School and Mountain View High
School would be over capacity at build-out of this development according to the Community
Development's school impact review included in Section VII.
Water and sewer are being extended consistent with the City's master plan as noted above.
Discovery Park, a 77+/-acre City Park, is located approximately a mile away from this site to the west
on Lake Hazel Rd., which should be adequate to serve this development.
• "Annex lands into the corporate boundaries of the City only when the annexation proposal conforms to
the City's vision and the necessary extension of public services and infrastructure is provided."
(3.03.03)
Two types of housing are proposed—single family detached and 30 single family attached units-which
will provide diversity in housing, and the density in the MDR designated area falls within the desired
range. The density proposed in the LDR designated area at the southwest corner of the site is above the
3 units or fewer per acre desired in that area. However, the Comprehensive Plan states future land use
designations are not parcel specific.An adjacent, abutting designation, when appropriate and
approved as part of a public hearing with a land development application, may be used.A designation
may not must not be used on a parcel not directly abutting the designation, and may not apply to more
than 50%of the land being developed. The predominate land use designation is MDR and the applicant
has the ability to design the project to meet density perimeters of the MDR designations provided other
goals of the Comprehensive Plan are being met.
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Item#6.
As discussed below, R-1 S zoning is proposed at the less dense eastern portion of the site to allow the
option of private streets without sidewalks., Staff has concerns with the private streets, specifically the
long-term maintenance and interconnectivity with surrounding developments. If these roadways are not
constructed to ACHD standards, the likelihood of ACHD accepting these streets in the future is slim.
Also, stafffinds that although most of the open space meets the minimum dimensions, not all of it is
quality open space (please see the qualified open space section below). The Fire Department has noted
concerns with the access and serviceability of this project ahead of the fire station being constructed
next to Discovery Park. Finally,public services are proposed to be extended near the fringe of the City
rather than to vacant/underdeveloped infill parcels as desired. For these reasons, Staff is of the opinion
the proposed annexation may not be the best interest of the City at this time.
C. Annexation&Zoning:
Portions of the annexation area are contiguous to a portion of the current City limits boundary and within the
City's Area of City Impact at the east boundary. Most of the surrounding properties are still within
unincorporated Ada County. A legal description and exhibit map for the annexation area is included in Section
VI.A.
The proposed annexation area consists of two (2)tax parcels containing a total of 80.46 acres of land
designated as LDR and MDR on the FLUM and contains land to the section line of S. Eagle Rd. The Applicant
proposes to annex the two (2)parcels, zone the western 43.85 acres with an R-8 zoning district, and the eastern
36.60-acre portion with a R-15 zoning district.
The R-8 zoning district allows lots as small as 4,000 sq. ft. with a minimum street frontage of 40'. The western
43.85 acres of the plat proposed for R-8 zoning reflects lots that meet this minimum lot and frontages
requirements.
The R-15 zoning district allows lots as small as 2,000 sq.ft. and has no requirement for a minimum
street frontage.This zoning is typically reserved for higher densities,including single family attached,
townhomes and multifamily.It is important to note that with the previous application,staff informed
the applicant that the private streets that are proposed with a significant portion of this development
were not allowed under the R-8 zoning that was originally proposed for the entire development.The
provisions for private streets apply only to properties that do not have frontage on a public street or
where frontage is not required per UDC 11-3F-2.The applicant has subsequently revised their
application to propose R-15 zoning merely for the purpose of being eligible for private streets whereas
all other dimensional standards would comply with the requirements of the R-8 zone. Staff believes the
development should incorporate public streets within the entire development and zone the property in
accord with the more appropriate R-8 zone(Please see the access section below for more discussion
regarding the private streets).In previous discussions with the applicant,staff has suggested the
applicant either rezone to PUD,or initiate a code change in regard to requirements for private streets.
The applicant has chosen to move forward with a request to rezone to R-15.
D. Existing Structures/Site Improvements:
There are two(2)existing homes and outbuildings on this site—the 5,892 square foot home constructed in
2002 at the east end of the site is planned to remain on a lot(Lot 64,Block 5)in the proposed subdivision;the
home and accessory structures on the west end of the site are planned to be removed with development. These
homes are accessed via a private lane(E. Adler Hof Ln.) from S. Eagle Rd. If annexed,the home proposed to
remain is required to hook-up to City water and sewer service and change their address.
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Item#6.
E. Proposed Use Analysis:
Single-family attached and detached dwellings are listed in UDC Table 11-2A-2 as a principal permitted use in
the R-8 and R-15 zoning districts. The proposed use,with two housing types,is mostly consistent with the
purpose statement of the residential district in that a range of housing opportunities and a variety of dwelling
types would be provided consistent with the Comprehensive Plan and UDC 11-2A-1 and I I-6A-1. However,
proposing to rezone a portion of the property to the R-15 zone when R-8 zone would suffice merely for the
reason of being eligible for private streets is not consistent with the purpose statement of UDC 11-3F-1. While
this isn't an uncommon practice,this section states that"it is not the intent to approve private streets for single-
family, duplex and/or townhouse developments other than those that create a common mew through the site
design or that propose a limited gated residential development" as no single family attached are in this area and
no common mews are proposed. Further, a limited gated community as specified in the UDC is 50 or fewer
homes. As noted below,the applicant is proposing that 112 homes utilize the proposed private street in an area
that doesn't have an established street network and limited access. Therefore,the director has denied the
private street application(see below for analysis).
F. Dimensional Standards(UDC 11-2):
The proposed preliminary plat consists of 328 building lots,40 common lots, and 14 other lots (i.e. common
driveway lots, 1 private street lot and 1 lot for the existing home)on 80.46 acres of land.
Development is subject to the dimensional standards listed in 11-2A-6 and 11-2A-7 for the R-8 and R-15
zoning districts. Lots in the western portion proposed for R-8 meet the minimum lot size of 4,000 sq. ft.with a
40' lot frontage. Although the lots in the 36.6-acre eastern portion proposed for R-15 meet the dimensional
standards of that zone district(minimum lot size of 2,000 sq. ft. and no minimum frontage requirement)as
presently proposed,they would also meet the minimum requirements of the R-8 zoning district.
Subdivision Design and Improvement Standards (UDC 11-6C-3)
Development of the subdivision is required to comply with the subdivision design and improvement standards
listed in UDC 11-6C-3, including but not limited to streets, common driveways and block face.
Block length is required to comply with the standards listed in UDC 11-6C-3F. Block faces should not exceed
750' in length without an intersecting street or alley unless a pedestrian connection is provided,then the block
face may be extended up to 1,000' in length. The City Council may approve a block face up to 1,200' in length
where block design is constrained by certain site conditions as specified in UDC 11-6C-3F.3b. The face of
Block 9 on the north side of the Farr Lateral is 1,000'+/-and does not contain a pathway or intersecting
street or alley.This is also true of the section of Block 5 that is south of private street A of more than 850
feet.Council approval would be needed,or the plat would need to be revised to comply with the
standard.
At the northeast corner of the site,a street ending in a cul-de-sac is proposed which will likely exceed the
maximum 500' length allowed in UDC 11-6C-3B.4 depending on how the property to the north develops. Staff
had recommended an internal street access to this portion of the development rather than the sole access being
provided via a stub street from the north. The applicant has responded due to the topography in this area,they
cannot provide the recommended internal access. However,just to the north of this cul-de-sac,the plat shows a
golf cart path in this general area.
Twelve(12)common driveways are proposed; such driveways should be constructed in accord with the
standards listed in UDC 11-6C-3D.A perpetual ingress/egress easement shall be filed with the Ada County
Recorder,which shall include a requirement for maintenance of a paved surface capable of supporting fire
vehicles and equipment. An exhibit should be submitted with the final plat application that depicts the
setbacks, fencing,building envelope,and orientation of the lots and structures accessed via the common
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Item#6.
driveway; if a property abuts a common driveway but has the required minimum street frontage and is taking
access via the public street,the driveway should be depicted on the opposite side of the shared property line
from the common driveway.Address signage should be provided at the public street for homes accessed via
common driveways for emergency wayfinding purposes.Where two(2)common driveways are proposed that
adjoin,bollards(or other barrier approved by the Fire Dept.) should be placed at the common lot line to
prevent a through connection between streets.
The applicant has submitted a phasing plan. The phasing plan shows nine phases,with the first phase occurring
directly adjacent to S. Eagle Rd at the proposed public street.Number of lots being built out vary between 59
at the first phase,to 23 at the last phase. Phase 8 and Phase 9 are both disconnected from the rest of the
subdivision,although staff does believe an access could be constructed across the Farr Lateral between Phase 1
or 2 and Phase 9.
UDC 11-3F-4 prohibits common driveways off of private streets whereas this proposal includes three
common driveways served by private streets. The applicant has requested alternative compliance from
this standard.
G. Access(UDC 11-3A-3)
The existing roadways in this area are rural in nature.Eagle Rd. is currently improved with 2 travel lanes and
no curb, gutter or sidewalk. Improvements and a signal are planned for the Lake Hazel/Eagle Rd. intersection
in 2023. Lake Hazel is planned to be widened to 5-lanes between Eagle and Cloverdale Roads in 2024; and to
5-lanes from Locust Grove to Eagle Roads between 2026 and 2030;no improvements are planned to Eagle Rd.
south of Lake Hazel abutting the site. The applicant will be required to construct 5-foot-wide sidewalk on S.
Eagle Rd abutting the site.
One(1)public street, Street A,is proposed for access via S. Eagle Rd. as a collector street to the intersection of
Street C,also a public street. Three(3) stub streets are proposed at the north,and two(2) stub street are
proposed at the south boundaries of the site for future extension in accord with UDC 11-3A-3. One of these
southern stubs is a secondary emergency access to E.Vantage Pointe Ln. to be constructed with the first phase
of development. There is also a cul-de-sac at the extreme northeast serving 15 additional lots,which is
intended to connect to a public road through the recently approved Pura Vida Ridge Ranch. This area is shown
as Phase 8 and does not connect to the rest of the Skybreak Subdivision, except for the connected pathway
system.
There are two southern roads shown to connect from the subject property to E.Vantage Pointe Lane to the
south. E.Vantage Point Lane is a private road, and the applicant has only demonstrated the legal right to use
this road for emergency access(Inst. #2020-063349);public access is not allowed. This is adequate for
emergency access to occur from the cul-de-sac shown at the end of the public street shown as Street J.
However,this application also shows an additional 23 lots being served from a double cul-de-sac shown as
Phase 9. The applicant has not demonstrated they have primary legal access to these lots via E.Vantage
Pointe Lane. The applicant has responded that they intend to eventually obtain this access and will build
out this later phase when it is obtained,but staff is concerned with an application which proposes
annexing and zoning 23 lots into the City without proof of access.The applicant should construct a
roadway across the Farr Lateral to provide access to the portion of the development for better
integration.
The Fire Department has noted in a letter dated February 16,2021 that they are concerned with a large
subdivision with only one access out to S.Eagle Rd.Two of the three northern stubs go to properties
within unincorporated Ada County which are not proposed for development at this time.The third
northern stub only serves Phase 8 which does not connect to the rest of the subdivision.If access from
the north via Eagle Rd.is blocked,in the event of an emergency,emergency vehicles would have to
travel an additional 3.5+/-miles around the square mile to access the site creating a potential life safety
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issue due to a delayed response time. Staff has recommended the applicant pursue a northern access to
allow access from this subdivision via the public road in the Pura Vida Subdivision and to E.Lake Hazel
Rd,but the applicant has responded that due to topography this is not feasible,although the applicant
has managed to configure a golf cart path to the golf course at the north.In addition,the Fire
Department has mentioned the majority of the subdivision is outside of the 5-minute response area, and
the nearest station(Station 4)has a low reliability rating.This would improve if and when the
southwestern fire station adjacent to Discovery Park is constructed in 2023.The applicant has submitted
a phasing plan which shows each phase has at least two accesses for emergency service,but as
mentioned, except for Phase 8 at the northeast corner, all the other phases rely on only S.Eagle Rd for
access. Staff is aware that access will improve in this area over time however,it is contingent on other
properties developing in the area to provide the necessary road network.
A combination of public and private streets are proposed for access within the development—public streets are
proposed on the west and private streets serving 112 lots are proposed on the east end of the subdivision. Three
(3)common driveways are proposed for access off private streets(see analysis below).
The applicant has provided sections of the private streets with this plat application(see Section VI).
Although the plat does not indicate exactly which private street cross sections are proposed in which
area,the street sections show private streets as narrow as 27',none of which include sidewalks. Since the
time of the pre-application meetings, staff has responded that staff does not support this many lots being
served by private streets.This is because this results in streets that would pass the maintenance costs on
to the homeowners through the HOA, as ACHD would not accept these roads in the future if there were
financial constraints. Staff has requested the developer state the reason for requesting private streets
other than the additional costs to build them to the standard template, and the only responses staff has
received thus far is that there is a demographic of senior home buyers that prefer the security a gated
community can provide and that the gates and private streets will provide a more intimate setting. Staff
agrees that there are probably buyers that would prefer gated communities and private streets,but still
does not understand why narrow private streets are preferable to streets built to standard templates and
containing landscaping and sidewalk.As noted above, staff finds the proposal is not a limited gated
community,exceeds more than 50 homes. Therefore,the plat should be resigned to incorporate public
streets for the entire development.As noted below the applicant has requested alternative compliance
(ALT)to allow 112 homes as proposed.The director has denied the applicant's ALT request.
ALTERNATIVE COMPLIANCE
The applicant proposes 112 gated lots,and 3 common driveways off a private street.UDC 11-3F-4 states a
proposed(gated)development shall have no more than 50 dwelling units, and no common driveways shall be
allowed off of a private street. However, 11-3F-4 also allows the director to approve,or recommend approval
of alternative design or construction standards when the applicant can demonstrate that the proposed overall
design meets or exceeds the intent of the required standards of this article and shall not be detrimental to the
public health, safety, and welfare.
Requests for alternative compliance are allowed only when one(1)or more of the following conditions exist:
a. Topography, soil,vegetation, or other site conditions are such that full compliance is impossible or
impractical;
b. The site involves space limitations or an unusually shaped lot;
c. Safety considerations make alternative compliance desirable;
d. Other regulatory agencies or departments having jurisdiction are requiring design standards that conflict
with the requirements of this article;
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Item#6.
e. The proposed design includes innovative design features based on"new urbanism", "neotraditional
design",or other architectural and/or site designs that promote walkable and mixed use neighborhoods;
f. Additional environmental quality improvements would result from the alternative compliance.
In order to grant approval for an alternative compliance application,the Director shall determine the following:
1. Strict adherence or application of the requirements are not feasible; or
2. The alternative compliance provides an equal or superior means for meeting the requirements; and
3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses
and character of surrounding properties.
The applicant's alternative compliance letter mentions there is a demographic of senior home buyers that
prefer the security a gated community can provide and that the gates and private streets will provide a more
intimate setting. Staff agrees that there is probably a demographic that would prefer gated communities, but
this is not a condition required for alternative compliance. The Director finds the applicant has not
demonstrated the need for a private versus public streets as noted above.
The plat indicates private street sections with no sidewalks and minimal landscaping, whereas ACHD
templates require S'sidewalks and landscaping. Also, the applicant proposes alternative compliance to allow
three common driveways from the private streets, whereas this is not allowed by UDC 11-3F-4-6. Staff does
not understand how what is being proposed is an equal or superior means to meeting requirements. Providing
narrow private streets with no sidewalks, minimal landscaping, and common driveways from these private
streets is not an innovative design features that promotes walkable neighborhoods.
Finally, as was already mentioned, gating the community will also slow response times when there are already
fire access concerns, which would be materially detrimental to the public welfare.
H. Parking(UDC 11-3C :
Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for
single-family detached dwellings based on the number of bedrooms per unit. A parking plan is included in
Section VIII.J that depicts a total of 334 on-street parking spaces along public and private streets;parking
along private streets must be approved by the Fire Marshall.
1. Pathways (UDC 11-3A-8):
The Pathways Master Plan(PMP)depicts a north/south segment of the City's multi-use pathway system along
the east side of the subject property and along the south side of the Farr Lateral at the southwest corner of the
site. The Applicant has worked with the Park's Dept. pathway coordinator on the design proposed along the
east boundary;the pathway along the south side of the Farr Lateral is consistent with the PMP. The pathways
are required to be placed in a 14-foot wide public pedestrian easement or a note should be added to the plat
which allows public access in the common lots intended for pathways.
Ten-foot(10')wide segments of the City's multi-use pathway are proposed within the street buffer along
Eagle Rd., along the south side of the Farr Lateral, along the Ten Mile Creek and the northern portion of the
east boundary of the site and a golf cart path. Other pathway connections are also proposed for pedestrian
interconnectivity and access to common areas within the development.A pathway connection is proposed
between the pathway on the eastern portion of the site to the sidewalks along internal public streets on the west
end of the site. A total of 5,167 linear feet of pathways are proposed in this development(see exhibit in Section
VI). All pathways are required to be constructed in accord with the standards listed in UDC 11-3A-8 and
landscaped per the standards in UDC 11-3B-12C.
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Item#6.
Where pathways are proposed in common driveways(i.e. Lot 25,Block 9)they should be located in separate
common lots with landscaping on either side in accord with UDC 11-3B-12C.
J. Sidewalks(UDC 11-3A-17):
A 10' pathway is proposed along S. Eagle Rd. with a combination of detached and attached sidewalks along
the internal public streets.No sidewalks are required or proposed along private streets except for along private
Streets K& S where a detached sidewalk is proposed for a pedestrian connection between the pathway on the
east end of the site to the sidewalk along public Street I on the west end of the site.
K. Parkways (UDC 11-3A-17 :
Eight-foot wide parkways with detached sidewalks are proposed along the entry street(Street A) and in a few
other areas; sidewalks are mostly attached with no parkways in this development.All parkways are required to
be constructed in accord with the standards listed in UDC 11-3A-17 and landscaped in accord with the
standards listed in UDC 11-3B-7C.
L. Landscaping(UDC 11-3B :
A 25-foot wide street buffer is required adjacent to S. Eagle Rd.,an arterial street; a 20-foot wide street buffer
is required along Street A where it is designated as a collector street(i.e. from Eagle Rd.to the intersection of
Street C), landscaped per the standards listed in UDC 11-3B-7C. A 50' foot+/- wide buffer is proposed along
Eagle Rd. and a 30-foot wide buffer is proposed along the collector street(Street A)landscaped with grass and
deciduous and evergreen trees and shrubs in excess of the minimum standards.
Parkways are required to be landscaped in accord with the standards listed in UDC 11-3B-7C. Landscaping is
proposed within parkways; calculations should be included in the Landscape Calculations table that
demonstrate compliance with UDC standards.
Landscaping is required along all pathways in accord with the standards listed in UDC 11-3B-12C.
Landscaping is proposed along pathways; calculations should be included in the Landscape Calculations table
that demonstrate compliance with UDC standards.
Common open space is required to be landscaped in accord with the standards listed in UDC 11-3G-3E.
Landscaping is depicted in common areas in excess of UDC standards except along the Farr Lateral and Lot
46,Block 5 (the ridge lot with the trail).
There are existing trees on the site within proposed building lots that are proposed to be removed that may
require mitigation. The Applicant should coordinate with Matt Perkins,the City Arborist,to determine
mitigation requirements per the standards listed in UDC 11-3B-1OC.5.
M. Qualified Open Space (UDC 11-3G):
A minimum of 10% qualified open space meeting the standards listed in UDC 11-3G-3B is required. Based on
the area of the proposed plat(80+/-acres), a minimum of 8 acres of qualified open space should be provided.
The Applicant landscape plan notes the development provides 14.99 acres(or 18.4%)of qualified open space.
This open space consists of parks, street buffers, linear open space,parkways and common areas greater than
50' x 100' in area, including the slope area on the east end of the site(see qualified open space exhibit in
Section VI). Although the open space complies with the minimum UDC standards in regard to dimensions,
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Item#6.
some of the open space area being credited consists of unusable arterial/collector street buffers and end caps
with parkways,the easement for the Farr Lateral, and areas that aren't centrally located for easy access. It is
staff s opinion that the applicant has the opportunity to reconfigure the plat to consolidate additional open
space to make it more accessible and useable.
UDC 11-3G-3-E requires that at a minimum,common open space areas shall include one(1)deciduous shade
tree per eight thousand(8,000) square feet and lawn, either seed or sod. There are areas being credited on the
applicant's open space exhibit as qualified open space, such as land within the Farr Lateral easement, and all
the challenging and steeply sloping land in Lot 45,Block 5 at the east that do not meet the minimum landscape
requirements. In addition,the pathway shown along Lot 45,Block 5 would need to be landscaped with one tree
per 100 linear feet of pathway as required per UDC 11-313-3-12 in order to be credited for qualified open
space.
N. Qualified Site Amenities (UDC 11-3G
Based on the area of the proposed plat(80+/-acres),a minimum of four(4)qualified site amenities are
required to be provided per the standards listed in UDC 11-3G-3C.
Proposed site amenities consist of children's play equipment/structures, a picnic shelter/shade structure,
pathways,two dog parks and additional open space of at least 20,000 square feet above the minimum UDC
requirements. Dog owner facilities are required to be improved with a dog washing station with a drain to
sanitary sewer system and trash receptacles and bags for dog waste disposal; or fencing to enclose a minimum
0.75 acre of open space for an off-leash dog park and trash receptacles and bags for dog waste disposal per
UDC 11-3G-3C.h. Although the proposed amenities meet the minimum standards,they are primarily located
along the northern and southern boundaries of the site or in the gated portion of the development and are not
centrally located(see details in Section VII.D),which Staff is of the opinion is not ideal. Staff would prefer the
open space be reconfigured to allow more useable open space and amenities toward the center of the
development. Further,UDC 11-3G-3D.3 requires common open space and site amenities to be located in areas
of high visibility to avoid hidden areas and corners, dark areas,unusable space and reduce the opportunity for
crime. Staff does believe the sports park,playground and pathways are adequate amenities,but as mentioned
above,believes more useable open space and centrally located amenities should be incorporated into this
project.
O. Storm Drainage(UDC 11-3A-18):
An adequate storm drainage system is required in accord with the City's adopted standards, specifications and
ordinances. Design and construction is required to follow Best Management Practice as adopted by the City.
P. Irrigation(UDC 11-3A-15)
An underground pressurized irrigation system is required to be provided with development to each lot within
the subdivision in accord with the standards listed in UDC 11-3A-15. Irrigation water is provided from the
New York Irrigation District.
Q. Waterways(UDC 11-3A-6):
The Farr Lateral runs across the southwest corner of this site within a common lot(Lot 51, Block 9) and Ten
Mile Creek runs along the northeast corner of the site. The Applicant proposes to leave these waterways open
and improve them as linear open space with a 10-foot wide multi-use pathway. However, if these waterways
are intended to be improved and credited as linear open spaces,they should be accessible and usable, and
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Item#6.
landscaped in accordance with UDC 11-3B-12 and UDC 11-3G-3-E,including one tree per 100 pathway feet
and one tree per 8,000 square feet of open area, as well as vegetated with seed or sod.
R. Fencing(UDC 11-3A-7):
All fencing is required to comply with the standards listed in UDC 11-3A-6C and 11-3A-7.
Six-foot tall open vision vinyl slat top fencing is proposed along connection pathways and the Farr Lateral,4-
foot tall open vision wrought iron fencing is proposed adjacent to the dog parks and 6-foot tall vinyl fencing is
proposed along street buffers and the perimeter of the subdivision as shown on the landscape plan. UDC 1I-
3A-6C.3 requires open laterals to be fenced with an open vision fence at least 6-foot in height and having an
11-gauge,2-inch mesh or other construction equivalent in ability to deter access to the lateral. Staff
recommends open fencing is installed between the lateral and the pathway to preserve public safety.
S. Building Elevations (UDC 11-3A-19 1 Architectural Standards Manual):
The Applicant submitted sample photo elevations of the types of homes planned to be constructed in this
development which are included in Section VI. Homes depicted are predominantly single-story, some with a
bonus room,with a few that are 2-stories in height proposed on the east end of the development on or near the
rim.All but 44 of the homes are proposed to be restricted to single-story with the option of a bonus room;the
larger lots on the east end of the development are not restricted to single-story homes (see exhibit in Section
VII.J). Building materials consist of a mix of finish materials(i.e.horizontal and vertical siding and stucco)
with stone/brick veneer accents.
VI. DECISION
A. Staff:
Staff recommends DENIAL of the requested annexation and preliminary plat based on the Findings in
section IX. and the Director has denied the private street and alternative compliance based on the Findings
in section IX.
B. The Meridian Planning&Zoning Commission heard this item on April 1,2021.At the public
hearing,the Commission moved to recommend DENIAL on the subject annexation request.
1. Summary of the Commission public hearing_:
a. In favor: Deborah Nelson
b. In opposition: Kathy White, Stephen Rankin
C. Commenting: Deborah Nelson
d. Written testimony: Staff received 13 letters in opposition. Issues expressed include
density, lack of transition to Vantage Pointe Subdivision, lack of sidewalks and
narrowness of private roads, developer trying to fit in as many lots as possible without
providingquality quality amenities and necessary infrastructure, emergency access,lack of
cooperation with the adjacent neighbors, and a large higher density project being
located on the fringe of the City.
e. Staff presenting application: Alan Tiefenbach
f. Other Staff commenting on application: Bill Parsons,Joe Bon ig orno
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Item#6.
2. Key issue(s) testimony
a. Density and lack of sidewalks.
3. Key issue(s)of discussion by Commission:
a. Commissioners expressed issues related to density, lack of transition,lack of sidewalks,
amount of private roads,low fire station reliability and whether Station 4 will even be
built and staffed,jjying. to pack in as many houses as possible,not walkable, lack of
amenities, emergency access issues,past problems with HOAs taking on costs
associated with private streets,and the project not being a"premier"community.
4. Commission change(s)to Staff recommendation:
a. None
C. The Meridian City Council heard this item on May 26,2021 and June 29,2021.At the public
hearing,the Council moved to approve the subject annexation requests.
1. Summary of the City Council public hearing:
a. In favor: Laren Bailey,Jim Conger.Deb Nelson
b. In opposition: Ten citizens testified in opposition to this application.
C. Commenting: Laren Bailey_,Jim Conger,Deb Nelson.
d. Written testimony. Staff received 13 letters in opposition.
e. Staff presenting application: Alan Tiefenbach
f. Other Staff commenting on application: Bill Parsons
2. Key issue(s)of public testimony:
a. Density,lack of transition to Vantage Pointe Subdivision, lack of sidewalks and
narrowness of private roads, developer trig to fit in as many lots as possible without
providing quality amenities and necessary infrastructure, emergency access, lack of
cooperation with the adjacent neighbors,and a large higher density project being
located on the fringe of the Cites grading and erosion issues allegedly caused by the
resent applicant on other projects.possible drainage impacts to Vantage Pointe
Subdivision.
3. Key issue(s)of discussion by City Council:
a. Lack of transition in density,lack of sidewalks,whether better open space could be
provided,drainage issues.
4. City, Council change(s)to Commission recommendation.
a. City Council continued the application from May 26,2021 to June 29.2021 for staff and
the applicant to address issues relating to lot transition at the south,lack of sidewalks
and to reorient open space.
b. City Council directed staff and the applicant to prepare conditions of approval,as staff
had not prepared conditions due to their recommendation for denial.
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Item#6.
VII. EXHIBITS
A. Annexation Legal Description& Exhibit Map (date 1/20/21)
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Skybreak Annexation Legal Description
BASIS(W OF1r11LINGS 15 S. 01,12'S2"VV. betwRnn a fount#alum-m;m tap marking the W114 carr+er and 6 found
aluminum r:av marking ttM NW comer of 5ect.4n ap,T. 2 J., R. 1 E., B.M., Ada County, Idaho,
A parcel of land loratea In the 51/2 nF Me 144ij4 0 Section 4 Township 2 North, Range 1 East Boise Merldlan,
Aaa Coanty, Idaho, more particularly desuibw as Foll :
COMMENCING at an akiminum cap markinq the NW cunfir of s.90 Section 4;
Thence.S. 0912'52"W., oomdderrL with Lice w2sr line or said NWII 1 and the caravline of S. Eagle Road, 1352.07
feet to an alurnInurp rap PLS 13550, markiW the N 4 16 rqfn r or said Seetkon 4 ar)d the POINT OF
BEr,;INNIMG;
Thence S. BcrS2'22°f~, to incident with tha mrth 11nr*4r Said 5112 cf the NYV114, d dl-qanoe od 1321.03 feet tD a
5f8"remrlcap PI-5 645. matWng tho NV41 f t6 comer of wick Section 4j,
Theme N, 89"56'41"'E•,Colnodevit.with said narttr kirm, 13Z1.1D feet to a 510"rebar/cap PIS 4347, rnarkir% the
CN11tE[-met'of sald Seclran 4;
Thanoe 5-0G'37'07"W-, ca+nudLIA whir t1-re Iasi Nrie of s-.fd NYVV4, a fturice of 1313.72 feet to a 3�4'
rebar{cap Pt;645, rTmarNA9 the C1/4 omrner of sa Id Section 4;
Thence N.Rcr4d'12"W-Wncldent Apth the south fine of said 5e-tron 4.a d1stance of 26U2,7t reef tD air kgime
aluminum ram, marking the YVIJ4 of said SecLion 4;
Thence N. 00012'57"f_,, [olrit<Ident With said viest Inner 1326,27 Fear to the J#GINT OF RE6lNINING.
The above described parmJ cofltains 00.4GI -acrm More:ok N-m.
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Item#6.
B. Rezoning Legal Description and Exhibit Map (date: 1/20/21)
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Skybmak R-8 Zoning Descripbon
GASM OF BEARINGS Is 10912'SZ"W. to meen a found ailumIDum cap trlaeking th-e W1)4 ccwVr and a Nund
alomin urn-cap marklog the NAY mmer-of Seabn 4, T, .4 N., R. 1 E,, BM., A6a County, Idaho.
A pam6 of rand iocaLed in the S112 of the NV11�4&Semen I ToWpiship I No the Marge 1 East, 1301se Meridlanr
Ada County, Tdahr), snora part.lt_,ular+y destri;hed ag follovys:
COMMENCING at nn aluminum cap marking the NW corner of said`action 4,
Thincv 5. 401V52"W.{ceiMicident Mth the west hoe trf said NW114. a distance or 1352.07 feet to an alumrnum
-�ap PL5 13559, marking the 14111.corner cF mpd Section 4 aM the POINT OF BEGINNIN1131-
Tlw-nw 5. WP52'17" F., coincident with the north hne 8F-said 5112 of the NWI?4, a dRstanre of 1U103 feet tQ a
5}8"rebarftap KS 645, matk�mg the NW1}16 Cartier aF said Sechgrr 4;
Thence N. 139P5W43"F., crkc#demt wO said north Iln-e, 2bl.7$Feet;
Thence 5, 00131252"U, paralleJ wrth said west 111ne, 1137;% Feet;
fhellCe fl_WV'OEI"W-r 5.43 FM;
Fhenre S. 001,12''5Z"W., paralaizt wb sold wit Mine, 454.'M fmt;
Them N.891341'23"W.r 73.73 feet;
rtrence N. 711155'29"W, 35.46 fieat;
'r4eru� N.9"4250 W., I.W.79 fecti
fence S. 000i2452"'W-r paraftel with 5W0 west line, 146.02 ftvt;
Thence S. 89047,08rr E,r ax ret;
ther3ae S. 40111 'S2" W. pamMlei WO safd m5t Ilne, 601 r95 Feet ko the south IFne dP sAid 6WIC 4;
Thence N. :1390W1 Zn V1,, m4mi ldent with said--youth line, MC42 feet hn an d1tqfbie aiuminurn cap, narking
WI/4 01 said Section 4;
TheKe N. 00,112'52" E., cuinddent with Bait#wesr line, 1326.27 Feet to the PODM OV$E[;f MINI_
The above dmtibed Varcel aontaim 411158 acres more cr less.
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Skybroak -15 Zoning Description
BASS OF BEARINGS Ls S. V12'52" W. betw4mn a f(jUnd aluminLtro cap marking the W114 torrWr arkd a fOr,nd
slLarnirrurn rap marking the hiV4 corner-of SCCt-Dn 4, f. � N,, R. t E,F 13,M., Ada Qounty, Idaho
A parcel of JarwJ UwAted in the 5112 of tttie NVY114 of 920jun 4 T-ownsh"rp 2 NDrthr Range 1 EOSL Boise merldon,
Ada County, WaW, rmure particularly describiO as rollDws:
COMMENCING at an io14mirium cap nmrking the NW carner-Df said Shan 4�
-tnenoe 5. 0012'52"W, ❑nlnddent with the west Ilrle Of Shld NVV1{4, a dlskuncQ or 1352,07 Teet w are alummL�m
Cap Pi_S 13550r marking [he NI11b corw-r of sawj Section 4;
irlenW S. 69PS222"-E., w1wident with the north Ilrhe of said 5112 of the NYV1jj, a distame or 1321,43 Net Lu a
5JH"feharltap PL.S 645, rTwrkir-g the NW1115 comer Df sold Section q I-
Tpieoce N. W5641"�-: , a ine+dEnt wltti said -iorth lime, 26.1.79 feet to the POINT OF BEGINNING,
TherEt tontlnuiny 74, 69155'41" F, coinc]Oent wiNi said north lir», 1,059.11 Feet W a W-5" rabarICaID Pl-5 A34J,
rri,rklrtg th N CN3/16 wrher of Faid Simon 4;
Dwrlce S. 001137'07"W, CnincidenC"kh the east ilre of said Secboh 4, i� distanim Qf 1S33-72 Feet hi 1!4"
rebar/cap RS 545r marking thr-C114 curler ot. ahii Section 4;
Thence N, 891148'12" W., roincrOent with the sotO lhne ior sa-d NW LMP a di5tance et 1 ZP9.29 ieTk;
Tr+ae N. 00"12'52" E., parallel with said we5t ihw, 601.95 feetr
Therkce N. 991247'08"W.. 2Z,3 J! feet;
Thence N. t]D412 "E., parallel with said west flrie, i 46-Q 1. reerr
Thwwa 5, 89"44"25" E., !57.79 feet,
Tbanum S, 7105529" 1-, 31.,;6 feet;
Thence S. S41141 23" E-, 13.11 fear,
Th,enm N. OULIn2-E,, parallej with said west Prm, 4,94.70 feel;
Ttxnce S. 134047'OS" L, 5.43 fret,;
Thence N. 00p12r52r'L,r parallel wlth said WPZt IiM, 137.56 fft-L10 Me POINT OF BEGIN WING_
-rl,e above described oarcei cantAjns 36.604 arre-s MOM or ass.
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C. Preliminary Plat(date: 1211112020 6/16/2021)
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Item#6.
G. Zoning Exhibit(date: "�'�20 6/l8/2021
- � -- R-s Single
Story. f -----� _— R-1 two Crory,
Altached ! „— I � 4 Single Family )I
R-1 5 Large Rim Lot
("AEG Housing")
- _.+ _ -tL
R-15 Gated Single i
j I I I — �— Story, Single
R-8 Single Story. I 't Family f
—• Single Family
! � I L - 'i E - - =R-15 Gated, i
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I
H. Phasing Plan(date 2/10/21)
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Page 191
Item#6.
1. Proposed Private Street Sections (date: 6/16/211
I- S L C
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-'CSLE NUT TO WALE
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Page 29
Page 192
Item#6.
J. Phasing Description (date: 12/10/21)
PROJECTED PROJECT TI ME LIN E
Milestone Date
Z021 -
■ City Council Approval est. Aril 2021
■ Eagle Road-Amiqr to Victor Road Widening to 5 Lanes 2021
2022 -
■ 20 Homes Occupied 151 home available April 2022 Au ust 2022
2023 -
■ Lake Hazel Road and Eagle Road Intersection Construction 2023
■ Eagle Road-Victory to Amity Road Widening to 5 Lanes 2023
■ Fire Station #8 - Completed and Staffed December 2023
■ 50 Homes Occupied September 2023
Z024 -
■ Lake Hazel Road - Ea le to Cloverdale Road Widening to 5 Lanes 2024
■ 100 Homes Occupied June 2024
Z025 -
■ 150 Hoines Occupied June 2025
Z026 -
■ 200 Homes Occupied June 2026
2027 -
■ 250 Homes Occupied June 2027
Z028 -
■ 300 Homes Occupied June 2028
2029 -
■ Com letion December 2029
Page 30
Page 193
Item#6.
K. Proposed Amenities (date: 2JAM 6/l8/21—please refer to Narrative for more details)
V r
I
sr
A. Large 3 f4-Acre,Tot Park(Block 9, Lot 52)—The 35,142 5gft Skybreak Neighborhood park will
contain the following recreation facilities:
• Play Structure
• Seating Benches
• Shade Structure
• Climbing Rocks
• Large Grass play area
* Attractive Landscaping
* Playground fencing for safety
B. pathways—The Skyhreak Neighborhood
will include the following pedestrian
pathways:
• 10'Wide Regional Pathway
Along Eagle Road—1,326 LF
• 10'Wide Regional Pathway
Along the Farr Lateral—1,120 LF
• 10'Wide Regional Pathway
Along Ten Mile Creek-526 LF
• 10'Wide Golf Cart Path- 760 LF
• Natural Path—1,435 LF
Pedestrian pathways within the
5kybreak Neighborhood will total
nearly one mile in length.
Page 31
Page 194
"rem#s. Parks 'Black 2, Lot I and Black 5, Lot 121) - The 5kylareak Neigh barhood pa rk wil I centa i n two
) .1/4 Ac small dog,, dog parks th at wil l in cl ud e ;h e fol lowing:
• Open Vision Fencing _
• Dual Gate System
x _
• Seating Areas 1W E ATO
• Attractive Landsca1)1ng
1rI ` � L
h
D. Entry Park(BI-ock 5,lot 114)—The �
main Collector Roadway will -
terminate in an attractively
landscaped open space that will
provide for an aesthetically _ r
a ppe a I i ng e nt ry statement that ••. _ _-f
will convey a sense of arrival. -
• Specimen Tree -
Plantings
• Seating Areas
• Attractive Landscaping
• Pathway
E.Open Sports Park Block 5, Lot
97)—This park will include:
• Large 1-acre open sports area
• Pathway Connection
* Seating Areas
- * Attractive Landscaping
Page 32
Page 195
Item#6. n cis caped Passive Cop en 5 pace 9—Located throughout the Neighborhood:
* Attractive Landscaping
* Buffering of side yards
* Premier 5ignage and Entry Monuments
V. I
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H. Pedestrian Connection Exhibit
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- I
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Pedosvian Cornzecfiorn Infernal PatFinay System
Regional Pathuway i Pedestrian+Gall Cart
P71th
Page 33
Page 196
Item#6.
L. Parking Plan (date 6/18/211
I
u a a
4L r
Or!-Stroet Parking
338 Spaces
Page 34
Page 197
Item#6.
M. Common Driveway Exhibits
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Page 198
Item#6.
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BLOCK 5 I Ij h'MEE
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Item#6.
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Page 38
Page 201
Item#6.
I
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hmESL DRf4EW+4w LDcKrm
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Page 39
Page 202
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Page 41
Page 204
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Page 42
Item#6.
VIII. CITY/AGENCY COMMENTS
A. PLANNING DiyISION
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 owners) 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 Skybreak Neighborhood shall follow the approved phasing plan and/or obtain planning and fire
department approval for any modifications.
b The applicant shall submit a wildland safetyplan for the hillside area to be approved by Meridian Fire
Department with the first fmal plat.
c The existing residence at 3487 E. Adler Hof Ln. (Lot 45,Block 5)will be required to abandon the well and
septic system and connect to City water and sewer with development of the property.
d The applicant shall not submit a final plat for Phase 8 and 9 until public street access is provided.
e A 30' rear yard setback is required on Lots 74-83,Block 5,abutting Vantage Pointe.
f A 15' (external) side yard setback and an increased rear setback(as shown in applicant's plans)is required
for Lot 74,Block 5. abutting Vantage Pointe.
g The rear and/or sides of any 2-stony structures facing S. Eagle Rd(18-21 Block 1. 15-26 and 76-79 Block
9) 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 buildingpermit.
h Future development of this site shall substantially comply with the preliminary plat, landscape plan and
conceptual building elevations for the single-family attached and detached dwellings included in the
attachments contained herein.
2 Administrative design review will be required for all new attached residential structures containing two Q or
more dwelling units.
3 The City Council has approved alternative compliance from UDC 11-3F-4 that limits gated developments to
50 lots,to allow 106 gated lots.
4 The City Council has approved alternative compliance from UDC 11-3F-4 prohibiting common driveways off
private streets,to allow 3 common driveways.
5 The City Council has approved a wavier from UDC 11-6C-3 limiting dead-end streets ending in a cul-de-sac to
500 feet to allow the Phase 8 cul-de-sac in the northeast corner to extend to approximately 610'.
6 The City Council has approved a wavier from UDC 11-6C-3 limiting block face to no more than seven
hundred fifty(750)feet in length without an intersecting street or alley to allow Block 9,north of the Farr
Lateral to be approximately 1,000 feet in length.
7 The City Council has approved a wavier from UDC 11-6C-3 limiting block face to no more than seven
hundred fifty(750)feet in length without an intersecting street or alley to allow Block 5, along the southern
boundary of the property,to be approximately 1.190 feet in length.
Page 43
Page 206
Item#6.
8 The City Council has approved alternative compliance from UDC 11-3B-12 and UDC 11-3G-3 requiring
minimum landscaping along pathways and within common open space to allow the Pathway area shown in Lot
46 of Block 5 to remain in a natural state.
9 The development shall comply with standards and installation for landscaping as set forth in UDC 11-3B. 11-
3G and maintenance thereof as set forth in UDC 11-3B-13.
10 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 11-3A-6B. as applicable.
11 Except as otherwise listed above,the development shall comply with the private street requirements as set
forth in 11-3F, includin tg he applicant or owner providing documentation of a binding contract that establishes
the party or parties responsible for the repair and maintenance of the private street, including regulations for
the funding thereof.
12 The plat shall comply with the provisions for irrigation ditches,laterals,canals and/or drainage courses as set
forth in UDC 11-3A-6. The Farr Lateral is allowed to remain open as waived by City Council.
13 Except as listed above,the applicant shall comply with all provisions of 11-3A-3 with regard to access to
streets.
14 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.
15 Off-street parkin is s 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.
16 The Applicant shall have a maximum of two (2)years from the date of City Council approval to obtain City
Engineer's signature on a final plat in accord with UDC 11-6B-7.
17 The Applicant shall comply with all conditions of ACHD.
18 Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development
agreement does not relieve the Applicant of responsibility for compliance.
Page 44
Page 207
Item#6.
B. PUBLIC WORKS
Site Specific Conditions of Approval
1. Preliminary plat conceptual site plans dated 12/11/2020 must be adiusted as follows
a The sewer main stub near intersection of Street C and D needs to end in a manhole.
b The sewer main stub at the North end of Street E needs to end in a manhole.
c The sewer on the south-eastern boundary(Street J) should not go to the property boundary.
d The sewer main should run at 0.60% slope and end in a manhole short of the property boundary.
e Water and sewer mains must be covered in a 20-foot-wide easement per utility.
f Easements cannot have encroachments of any permanent structures including but not limited to
buildings, carports,trash enclosures, fences,trees, deep rooting bushes.etc.
g Maintain a minimum 90-deg eagle into/out of all manholes.
h Slope between manholes shall not exceed 5%. Slopes between SSMH G-3 to SSMH H-1, SSMH G-4
to SSMH J-1.and SSMH G-8 to SSMH K-1 exceeds this.
i No public main is allowed in common driveways, sewer line A and F are shown going through
private drives.
j If you have three or less lots on a common drive, services should be stubbed from the roadway.
k Four or more lots, sewer will be allowed in the common drive. Sewer will be private and will be the
responsibility of the HOA to maintain. Manholes needed in the common drive shall be marked with
"Private"on the lid.
1 A drainage plan is required to be provided and reviewed prior to plan approval.
m Current design does not meet minimum fire flow.A possible solution is to upsize some 12" mains
and add two more connections one at the southwest and one at the northeast corner of the
development. These changes must be coordinated with Public Works.
n A streetlight plan must be provided with the final plat application. Streetlight plan requirements are
listed in Meridian Design Standards.
o Phase 8 of the proposal is in Flood Zone A. This area requires extending the existing ydraulic and
hydrology study and establishing base flood elevations. Other phases are not impacted by flood zone
and will not require floodplain study or permits.
Page 45
Page 208
Item#6.
General Conditions of Approval
2. Applicant shall coordinate water and sewer main size and routing with the Public Works Department. and
execute standard forms of easements for any mains that are required to provide service outside of a public
right-of-way. Minimum cover over sewer mains is three feet,if cover from ton of nine to sub-grade is less
than three feet than alternate materials shall be used in conformance of City of Meridian Public Works
Departments Standard Specifications.
3. Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and
through this development. Applicant may be eligible for a reimbursement agreement for infrastructure
enhancement per MCC 8-6-5.
4. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way
include all water services and hydrantsl. 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 usingthe City of Meridian's standard forms. The easement shall be graphically depicted on
the plat for reference purposes. Submit an executed easement(on the form available from Public Works),a
legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area
of the easement(marked EXHIBIT A) and an 81/2"x 11"map with bearings and distances(marked
EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor.
DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted.
reviewed,and approved prior to development plan approval.
5. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of
water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the
primary source. If a surface or well source is not available,a single-point connection to the culinary water
system shall be required. If a single-point connection is utilized,the developer will be responsible for the
payment of assessments for the common areas prior to prior to receivingdevelopment plan approval.
6. All existing structures that are required to be removed shall be prior to signature on the final plat by the
City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible
reassignment of street addressing to be in compliance with MCC.
7. All irrigation ditches,canals,laterals, or drains,exclusive of natural waterways,intersecting, crossing or
laving adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. hi
performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law
or regulation
8. Any wells that will not continue to be used must be properly abandoned according to Idaho Well
Construction Standards Rules administered by the Idaho Department of Water Resources. The
Developer's Engineer shall provide a statement addressing whether there are any existing wells in the
development, and if so,how they will continue to be used,or provide record of their abandonment.Anv
Page 46
Page 209
Item#6.
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.
9. Street signs are to be in Place, sanitary sewer and water system shall be approved and activated road base
approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded.
prior to applying for buildingpermits.
10. A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing3
landscaping, amenities, etc.,prior to signature on the final Plat.
11. All improvements related to public life,safety and health shall be completed prior to occupancy of the
structures. Where approved by the City Engineer, an owner may post as performance surety for such
improvements in order to obtain City Engineer signature on the final plat as set forth in UDC I I-5C-3B.
12. Applicant shall be required to pay Public Works development plan review,and construction inspection
fees,as determined during the plan review process,prior to the issuance of a plan approval letter.
13. It shall be the responsibility of the applicant to ensure that all development features comply with the
Americans with Disabilities Act and the Fair Housing Act.
14. Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe
required by the Army Corns of Engineers.
15. Developer shall coordinate mailbox locations with the Meridian Post Office.
16. All grading of the site shall be performed in conformance with MCC 11-12-3H.
17. Compaction test results shall be submitted to the Meridian Building Department for all buildingpads
receiving engineered backfill,where footing would sit atop fill material.
18. The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-
feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation
of the crawl spaces of homes is at least 1-foot above.
19. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility
within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design
engineer shall provide certification that the facilities have been installed in accordance with the approved
design plans. This certification will be required before a certificate of occupancy is issued for any
structures within the Project.
20. At the completion of the project,the applicant shall be responsible to submit record drawings per the City
of Meridian AutoCAD standards. These record drawings must be received and approved prior to the
issuance of a certification of occupancy for any structures within the project.
21. A street light plan will need to be included in the civil construction plans. Street light plan requirements
are listed in section 6-5 of the Improvement Standards for Street Lighting A copy of the standards can be
found at htt ://www.meridiancitv.or /public works.asyx?id=272.
22. The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%
Lk—
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
Page 47
Page 210
Item#6.
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.
23. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of
the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years.
This surety will be verified by a line item cost estimate provided by the owner to the City. The sure suretsr 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:llweblink.meridiancily.org/WebLink/DocView.aspx?id=223367&dbid=0&repo=MeridianCitX
D. POLICE DEPARTMENT
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=222919&dbid=0&repo=Meridian CitX
E. PARK'S DEPARTMENT
https://weblink.meridianciU.or,glWebLinkIDocView.aspx?id=214368&dbid=0&repo=MeridianCiU&cr=1
F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS)
https://weblink.meridianciU.ore/WebLink/DocView.aspx?id=193035&dbid=0&repo=MeridianCitX
G. ADA COUNTY DEVELOPMENT SERVICES
https://weblink.meridianciU.or,g/WebLink/DocView.aspx?id=222788&dbid=0&repo=MeridianCitX
H. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=219402&dbid=0&repo=MeridianCitX
I. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
https://weblink.meridiancily.org/WebLink/Doc View.aspx?id=193631&dbid=0&repo=MeridianCitX
J. CENTRAL DISTRICT HEALTH DEPARTMENT
https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=219402&dbid=0&repo=MeridianCitX
K. WEST ADA SCHOOL DISTRICT(WASD)
https://weblink.meridiancily.org/WebLink/Doc View.aspx?id=203469&dbid=0&repo=MeridianCitX
L. COMMUNITY DEVELOPMENT SCHOOL IMPACT REVIEW:
https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=203755&dbid=0&repo=MeridianCitX
M. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
https.Ilweblink.meridiancity.orz/WebLink/Doc View.asyx?id=222984&dbid=0&repo Meridian City
Page 48
Page 211
Item#6.
N. BOISE PROJECT BOARD OF CONTROL
https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=222907&dbid=0&repo=MeridianCity
IX. FINDINGS
A. Annexation and/or Rezone(UDC 11-5B-3E)
Required Findings: Upon recommendation from the commission,the council shall make a full
investigation and shall, at the public hearing,review the application.In order to grant an annexation
and/or rezone,the council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive plan;
The Council finds the proposed map amendment to R-8 is consistent with the Comprehensive Plan
density recommendations of 3-8 dwelling units per acre. The Council finds zoning the property to the
R-1 S district for purpose of allowing private streets is suitable for providing the necessary
infrastructure. The Council also finds this development would be considered infill. The proposed
private streets serving a significant portion of the site would meet the intent of the Plan in regard to
requiring urban infrastructure being provided for all new developments, including sidewalks.
2. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
Council finds there is a variety in housing types and diversity in lot sizes which is consistent with the
purpose statement of the residential districts, which states a range of housing opportunities should 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 the proposed zoning map amendment would not be detrimental to the public health,
safety and welfare. The private streets would be funded by the homeowners through the HOA. Also,
the Fire District has voiced they can serve this development when the southern fire station is
constructed.
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 Council finds the map amendment shall not result in an adverse impact upon the delivery of
services by any political subdivision.
5. The annexation(as applicable)is in the best interest of city.
Council has determined this annexation is in the best interest of the City.
B. Preliminary Plat(UDC 11-613-6):
In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the
decision-making body shall make the following findings:
1. The plat is in conformance with the Comprehensive Plan;
The Councilfinds that the proposedplat is in substantial conformance with the adopted Comprehensive
Plan in regard to maximizing public services by prioritizing infill development over parcels on the
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fringe,provision of a variety of housing types, density in the LDR designated area, transitional densities,
adequate provision of services (Fire Dept), usable open space, and construction of infrastructure
without sidewalks, etc.
2. Public services are available or can be made available and are adequate to accommodate the
proposed development;
The Council finds that public services are available and can be extended to accommodate the proposed
development although services would be maximized by development of infill or underdeveloped parcels
already in the City instead of on the fringe as is the subject property (See Exhibit B of the Staff Report
for more details from public service providers.)
3. The plat is in conformance with scheduled public improvements in accord with the City's capital
improvement program;
Because City water and sewer and any other utilities will be provided by the development at their own
cost, Council finds that the subdivision will not require the expenditure of capital improvement funds.
4. There is public financial capability of supporting services for the proposed development;
The Council finds there is public financial capability of supporting services for the proposed
development based upon comments from the public service providers (i.e., Police, Fire,ACHD, etc).
5. The development will not be detrimental to the public health, safety or general welfare; and,
The Council is not aware of any health, safety, or environmental problems associated with the platting
of this property.Public testimony has been submitted from adjacent residents to the south on 1-acre lots
stating there is not an adequate transition in lot sizes or zoning to their properties/subdivision. ACHD
considers road safety issues in their analysis.
6. The development preserves significant natural,scenic or historic features.
The Council finds the proposed development preserves the natural topography/hillside along the eastern
boundary of the site. Council is unaware of any other significant natural, scenic or historic features that
exist on this site that require preserving.
C. Private Streets(UDC 11-3F-5):
At the June 29, 2021 meeting, the Council overturned the Director's denial of the private streets, with the
following findings:
A. The design of the private street meets the requirements of this article;
The private streets meet the design requirements of not connecting to an arterial street, allowing
sufficient maneuvering for emergency vehicles, and meeting the minimum width of 27 feet.However, the
proposal exceeds the limitation of no more than 50 units being served by a gated development, and three
common driveways are proposed whereas UDE 1103F-4-5 states common driveways cannot be allowed
on private streets. The Council approved Alternative Compliance from these requirements.
B. Granting approval of the private street would not cause damage, hazard, or nuisance, or other
detriment to persons,property,or uses in the vicinity.
The Director had safety concerns in regard to whether there could be pedestrian safety issues with
residents using private streets with no sidewalks. Per direction from the Council, the applicant added
sidewalks on at least one side of all streets, and the Council found the private streets would not cause
damage, hazard, or nuisance, or other detriment to persons,property, or uses in the vicinity.
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C. The use and location of the private street shall not conflict with the comprehensive plan and/or
the regional transportation plan.
Council finds the private streets with sidewalks meet Comprehensive Plan policies such as requiring
new residential neighborhoods to provide complete streets, developing a connected, comfortable, and
comprehensive network of multi purpose pathways, ensuring safe routes and access, encouraging safe,
physical activity for pedestrians and bicyclists, and fostering a walkable and bikeable community and
providing necessary infrastructure.
A The proposed residential development(if applicable)is a mew or gated development.
The proposed development is a gated development.
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