CC - Staff Report and Commission Recommendation to Council 12-14
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HEARING
DATE:
12/14/2021
TO: Mayor & City Council
FROM: Joe Dodson, Associate Planner
208-884-5533
SUBJECT: H-2021-0056 & H-2021-0091 (MDA)
Pera Place Subdivision
LOCATION: The site is located at 4600 W. Daphne
Street, 4546 W. Daphne Street, and
Parcel S0427325702, near the northeast
corner of N. Black Cat Road and W.
McMillan Road, in the NW ¼ & the SW
¼ of the SW ¼ of Section 27, Township
4N., Range 1W.
I. PROJECT DESCRIPTION
• Annexation and Zoning of 10 acres of land with a request for the R-8 zoning district;
• Rezone of 6.84 6.99 acres of land from the R-4 zoning district to the R-8 zoning district,
• Preliminary Plat consisting of 65 single-family detached building lots and 8 common lots on
16.63 acres of land, and;
• Development Agreement Modification to terminate the existing DA (Bellhaven Subdivision, AZ-
07-011 & PP-07-016, Inst. #108057324) to incorporate the subject parcel (S0427325702) into a
new DA consistent with the proposed Preliminary Plat and Annexation for Pera Place
Subdivision (H-2021-0056).
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage AZ – 10 acres; Plat – 16.63 acres
Future Land Use Designation Medium Density Residential (3-8 du/ac)
Existing Land Use(s) Vacant land and County Residential
Proposed Land Use(s) Detached Single-family Residential
Lots (# and type;
bldg./common)
73 total lots – 65 residential building lots; 8 common
lots
Phasing Plan (# of phases) No phasing plan submitted
Number of Residential Units 65 single-family units
Density Gross – 3.91 du/ac
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
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Description Details Page
Open Space (acres, total
[%]/buffer/qualified)
3.14 acres total open space – 2.84 acres of qualified
open space (approximately 17%)
Amenity Additional qualified open space above the
requirement (at least 20,000 square feet); Pergola
with a picnic table; and a Tot-lot.
Neighborhood meeting date; #
of attendees:
June 30, 2021 – 12 attendees; September 13, 2021 –
No attendees
History (previous approvals) AZ-07-011 & PP-07-016 (for the R-4 parcel); DA
Inst. #108057324; Black Cat Estates Subdivision No.
2 (County subdivision that includes the remaining 10
acres and two parcels).
B. Community Metrics
Description Details Page
Ada County Highway
District
• Staff report (yes/no) Yes
• Requires ACHD
Commission Action
(yes/no)
Yes – Applicant received ACHD Commission approval on October 6, 2021.
Access
(Arterial/Collectors/State
Hwy/Local) (Existing and
Proposed)
Access is proposed via extension of existing and planned stub streets; two
new access points to Daphne Street are also proposed.
Proposed stub street extensions include one from the north through Vicenza
Commons (N. Sepino Avenue) and one from the west through Brody Square
that is currently under construction.
Stub
Street/Interconnectivity/Cross
Access
All existing and planned stub streets are shown as being extended into the
project site, per the submitted plat. The Applicant is proposing internal local
streets for all interconnectivity; no collector or arterial streets traverse the
project area.
Existing Road Network No
Existing Arterial Sidewalks /
Buffers
No; submitted plat shows new arterial sidewalk and buffer along short
segment abutting N. Black Cat Road.
Proposed Road
Improvements
The Applicant is required to improve W. Daphne Street as ½ of a 33-foot
wide street section with curb, gutter, and 5-foot wide attached sidewalk with
this application.
CIP/Five Year Work Plan for nearby roads:
Distance to nearest City Park
(+ size)
1.5 miles to Keith Bird Legacy Park (7.5 acres)
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Description Details Page
Fire Service
• Distance to Fire
Station
2.5 miles from Fire Station #5 (project would be serviced by future Fire
Station #8, scheduled for completion in Summer 2023).
• Fire Response Time The project lies within the Meridian Fire response time goal of 5 minutes.
• Resource Reliability Fire Station #5 reliability is 84% (above the goal of 80%)
• Risk Identification Risk Factor 2 – Residential with hazards (proposed pond/drainage facility)
• Accessibility Proposed project meets all required road widths, and turnaround dimensions.
Police Service
See link in Section VIII.D
Wastewater
• Distance to Sewer
Services
N/A
• Project Consistent
with WW Master
Plan/Facility Plan
Yes
• Impacts/Concerns • Provide to-and-through to 4448, 4500, and 4520 W. Daphne St. Manholes
need to be extended to property line at the east and into Daphne St at the
south.
• Ensure no sewer services pass through infiltration trenches.
• Ensure that angles of pipe into/out of manhole is a minimum of 90
degrees in the direction of flow.
• Parcel S0427325702 is part of the Black Cat Main Reimbursement
agreement.
Water
• Distance to Services 0’
• Project Consistent
with Water Master
Plan
Yes
• Impacts/Concerns • Any well that will no longer be used must be abandoned according to
IDWR requirements.
• Assuming existing blow-offs at the west boundary. Call out blow off
removal.
• Blow offs at the east side to be called out as per Standard Drawing W13.
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C. Project Area Maps
III. APPLICANT INFORMATION
A. Applicant:
Dan Lardie, Leavitt & Associates Engineers, Inc – 1324 1st Street South, Nampa, ID 83651
B. Developer:
Tony Tseng, Applied Media, Inc. – 6518 N. Fairborn Avenue, Meridian, ID 83642
C. Representative:
Same as Applicant
Future Land Use Map
Aerial Map
Zoning Map
Planned Development Map
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IV. NOTICING
Planning & Zoning
Posting Date
City Council
Posting Date
Newspaper Notification 9/17/2021 11/28/2021
Radius notification mailed to
properties within 500 feet 9/15/2021 12/2/2021
Site Posting 10/15/2021 12/1/2021
Nextdoor posting 9/16/2021 12/6/2021
V. STAFF ANALYSIS
A. Future Land Use Map Designation (https://www.meridiancity.org/compplan)
Medium-Density Residential (MDR) – This designation allows for dwelling units at gross
densities of three to eight dwelling units per acre. Density bonuses may be considered with the
provision of additional public amenities such as a park, school, or land dedicated for public
services.
The subject project is approximately sixteen and a half acres (16.5) and includes three (3)
existing parcels, one of which was annexed into the City with the R-4 zoning district in 2007 and
has an existing Development Agreement (DA). The area to the north of this project is developed
R-4 zoning with detached single-family homes and an R-8 subdivision is approved to the west of
this project, Brody Square. Consistent with the future land use designation of MDR (3-8 du/ac),
the Applicant is proposing Pera Place Subdivision with 65 building lots equating to a gross
density of 3.91 units per acre. Therefore, the Applicant is proposing a residential project at the
low end of the allowable density. Furthermore, the proposed use of detached single-family
residential is an allowed and anticipated use in the requested R-8 zoning district and MDR future
land use designation.
REZONE: As noted, a portion of this project is already annexed and zoned R-4. This area of
the project created a county enclave that is still owned by the same property owner and is
referred to as the Poorman outparcel. This enclave is currently not annexed into the City and
was not required to annex when the R-4 property was annexed and approved for a preliminary
plat in 2007.
The previously approved plat is no longer valid as it is long expired but the existing DA is tied
to previous layout and the existing R-4 zoning. The Applicant is requesting to rezone this area
to the R-8 zoning district to match the requested zoning of the 10 acres to the south and the
approved projects to the south/southwest. Because there is an existing DA tied to a plat that is
no longer valid and the Applicant is requesting to rezone this area, the Applicant should submit
a Development Agreement Modification application to replace the existing DA and incorporate
its boundary with the property included with the concurrent annexation request. This will
ensure that the subdivision will develop as proposed. The MDA application should be
submitted prior to scheduling this project for the future was submitted prior to the Council
hearing. Staff’s recommended DA provisions are already in the conditions section of this
report, Section VIII, and supports the MDA request to ensure a more connected road network
and cohesive project is proposed. If the Poorman outparcel is not included in the project
boundary, the project area within the annexation boundary (approximately 10 acres) could
likely stand on its own merits. However, the project was not analyzed in this manner so Staff
cannot guarantee 100 percent compliance with UDC standards for this area alone. For
example, the required amount of qualified open space. Should Council decide the R-4 parcel
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should not be a part of this project, Staff recommends a continuance to allow Staff time to
analyze just the 10 acres associated with the annexation request.
In general, Staff finds rezoning this area from R-4 to R-8 a logical expansion of existing zoning
nearer the corner of Black Cat and McMillan Roads to the southwest of the subject site. Brody
Square Subdivision is an approved R-8 subdivision directly to the west/southwest of this area and
the Applicant has aimed to match the lot lines along the abutting project boundary. This same
density is proposed throughout the proposed project; Staff finds the proposal to annex 10 acres
and rezone 6.5 acres to the R-8 zoning district offers an appropriate transitional density to the
developed R-4 area to the north.
Staff finds the proposed project to be generally consistent with the Comprehensive Plan.
Specific Comprehensive Plan policies are discussed and analyzed below.
The City may require a development agreement (DA) in conjunction with an annexation and
rezone pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as
proposed with this application, Staff recommends a new DA that encompasses the land proposed
to be rezoned and annexed with the provisions included in Section VIII.A1. The DA is required to
be signed by the property owner(s)/developer and returned to the City within 6 months of the
Council granting the rezone and annexation approval. A final plat will not be accepted until the
new DA is executed and the RZ and AZ ordinances are approved by City Council.
B. Comprehensive Plan Policies (https://www.meridiancity.org/compplan):
The applicable Comprehensive Plan policies are cited below with Staff analysis in italics.
“Avoid the concentration of any one housing type or lot size in any geographical area; provide for
diverse housing types throughout the City” (2.01.01G). The proposed project offers a density and
site design similar to project approved to the west. Despite proposing a similar density and lot
size as that to the west, this Applicant is proposing a large linear open space lot and varying lot
sizes throughout the development that should offer different home design. In addition, the overall
combined density of projects in the area near the corner of Black Cat and McMillan offer a
transition between the arterial roadways and the existing R-4 zoning to the north. It is anticipated
and planned within this corridor along McMillan that detached single-family homes will be
proposed. Furthermore, proposing a density near the lowest allowed provides the City a relief to
the transportation network and area schools when compared to a project at twice the density,
which would be allowed within the same future land use designation.
“Establish and maintain levels of service for public facilities and services, including water, sewer,
police, transportation, schools, fire, and parks” (3.02.01G). All public utilities are available for
this project site due to the existing stubs abutting the site to the west and north. This project also
lies within the Fire Department response time goal and Fire has approved the accesses to and
through the site. West Ada School District anticipates an additional 45 school aged children from
this development, according to the ratio of 0.7 kids per household. With the anticipated
additional school aged children in the vicinity of project area, Staff anticipates adequate capacity
for the designated middle and high school but overcrowding at Pleasant View Elementary, the
elementary school approximately ¼ mile to the north through the adjacent subdivision.
Unfortunately, the City does not control the construction of new schools but Staff is aware of the
potential for overcrowding at the neighborhood elementary school. Because of this, West Ada
anticipates some students utilizing the options of charter schools and specialty schools.
Staff finds that the existing and planned development of the immediate area create appropriate
conditions for levels of service to and for this proposed project.
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“Preserve, protect, and provide open space for recreation, conservation, and aesthetics”
(4.05.01F). The Applicant is proposing this project with two large open space lots totaling 2.75
acres. These two lots are located at different areas of the plat with one being 97-foot wide linear
open space in the south portion of the site and the other located along Black Cat and is proposed
with a vast number of existing trees that are remaining. Both areas have ample recreation
opportunity and pedestrian connections through them. Preserving the existing trees and creating
an area of open space that links through the subdivision in the south present adequate usable
open space, appropriate conservation, and ample aesthetics for the project.
“Require pedestrian access in all new development to link subdivisions together and promote
neighborhood connectivity.” (2.02.01D). Proposed project is extending the attached sidewalks
from the south to allow easy access to the future pedestrian facilities and amenities within Prevail
Subdivision.
“Ensure that new development within existing residential neighborhoods is cohesive and
complementary in design and construction.” (2.02.02F). As discussed, the Applicant is proposing
lot sizes and lot lines similar to that of the approved Brody Square subdivision directly abutting
the site to the west. In addition, R-8 zoning is an appropriate zoning to transition to the R-4
zoning to the north. The Applicant could revise the lot sizes along the north boundary to meet the
R-4 minimum lot size of 8,000 square feet but due to the proposed road layout, aligning lot lines
may still be difficult. Furthermore, in this area of the site, the Applicant is proposing six lots
adjacent to five existing lots in Vicenza Commons offering similar density along this shared
boundary. Therefore, Staff finds the proposed density and lot placement should provide a
cohesive project with Vicenza Commons to the north and provide adequate transitional density
overall.
“Require new development to establish street connections to existing local roads and collectors as
well as to underdeveloped adjacent properties.” (6.01.02C). The Applicant is required to and is
proposing to extend all abutting stub streets – N. Sepino Avenue from the north, a local street
from the west in Brody Square Subdivision, and two new connections to Daphne Street, the
existing local street along the south project boundary. The Applicant is also proposing a new stub
street to the east boundary for future connectivity and development opportunity for those parcels
to the east. Further discussion and analysis on this are below in Section G, Access. Staff finds the
Applicants proposed street connections comply with this policy.
“Eliminate existing private treatment and septic systems on properties annexed into the City and
instead connect users to the City wastewater system; discourage the prolonged use of private
treatment septic systems for enclave properties.” (4.08.02A). As discussed, a portion of this
project surrounds a county enclave that utilizes private septic and well systems. Staff has had
multiple discussions with that landowner and they do not have an interest in annexing into the
City and connecting to City services at this time. The submitted plans show their septic drain field
on a small portion of the already annexed R-4 parcel (discussed in more detail below)
perpetuating prolonged use of the private systems. Staff finds these conditions do not comply with
this policy.
Staff finds this development to be generally consistent with the Comprehensive Plan.
C. Existing Structures/Site Improvements:
There are two existing county residential single-family homes with accessory structures on the
two 5-acre sites abutting Daphne Street. Both homes are proposed to be removed upon
development of this project.
Within the existing R-4 parcel, the Poorman outparcel has their septic tank drain field on a
small area just north of their property line near Black Cat Road. According to the
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submitted plat, the Applicant has proposed a non-buildable lot over this area. Staff does not
support the inclusion of a non-buildable lot for this shared use and instead recommends the
developer and the Poorman’s enter into a separate agreement that defines how this area is
to be used and maintained. This recommendation would remove the non-buildable lot and
incorporate this area into the larger common lot as previously proposed by the Applicant.
This agreement should be included with a future final plat application and include a
termination clause when the Poorman outparcel redevelops or connects to City services.
D. Proposed Use Analysis:
The proposed use is detached single-family residential with an average lot size of 6,705 square
feet and a minimum lot size of 5,297 square feet. This use is a permitted use in the requested R-8
zoning district per UDC Table 11-2A-2 and all lots meet the minimum lot size requirement of
4,000 square feet. The Applicant has not noted if this is a phased project, however Staff
anticipates it to develop as one phase.
The proposed use, lot sizes, and lot alignment should provide for a development that is cohesive
with the adjacent development to the north and the planned development to the west/southwest.
E. Dimensional Standards (UDC 11-2):
The residential lots appear to meet all UDC dimensional standards per the submitted plat. In
addition, all subdivision developments are also required to comply with Subdivision Design and
Improvement Standards (UDC 11-6C-3). The proposed preliminary plat and submitted plans
appear to meet all UDC requirements except for the length of the proposed east-west cul-de-sac
shown as W. Philomena Court in the north portion of the site. This cul-de-sac measures
approximately 550 feet in length, 50 feet beyond the allowed length by UDC 11-6C-3. Therefore,
the Applicant requires a Council Waiver to exceed the 500 foot limit for a dead-end street.
Note: The original preliminary plat met this requirement and included an access easement to
the Poorman outparcel. At Staff’s recommendation, the Applicant extended Philomena Court
further west so that right-of-way would touch the Poorman outparcel instead of an easement.
Staff recommended this because easements are more difficult to track and maintain than
having abutting right-of-way. With the current layout, the City will have more means of
requiring the Poorman outparcel take access from Philomena Court instead of Black Cat
should that property ever redevelop. Therefore, Staff recommends Council approve the waiver
for the dead-end street to exceed 500 feet.
F. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual):
The Applicant submitted conceptual building elevations for the proposed detached single-family
homes. Note that detached single-family homes do not require Design Review approval therefore
Staff does not review these for compliance with any standards.
However, the submitted elevations depict single and two-story homes with two-car garages. The
elevations depict field materials of lap siding and faux shingles with varying roof profiles offering
an overall array of potential homes. Because these homes do not abut an arterial or collector
roadway, staff is not requiring any additional design review with the building permit submittal.
G. Access (UDC 11-3A-3, 11-3H-4):
Access is proposed via multiple local street connections and no arterial or collector street
connections. One access is via extension of N. Sepino Avenue, a local street stubbed to the
northern boundary from the Vicenza Commons Subdivision. The Applicant is also proposing two
new north-south local street connections to W. Daphne Street, an existing county local street
along the southern boundary. Daphne Street is the access point for the existing county residences
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and is proposed to be improved with half-plus-twelve feet of pavement, curb, gutter, and 5-foot
attached sidewalk, per the ACHD staff report (see section VIII.I). The submitted plat shows these
north-south local streets intersecting a new east-west local street that would be an extension of
Avilla Drive from Brody Square to the west (Brody square is currently under construction but no
roads have been constructed at this time). The proposed N. Sepino extension intersects Avilla
Drive and is the access point for the noted Philomena Court. In addition, the Applicant is
proposing a common drive off of N. Sepino that serves three (3) building lots; the two other lots
adjacent to the common drive are proposed to take access from N. Sepino instead of the common
drive. All local streets are proposed as 33-foot wide street sections with 5-foot attached sidewalk
within 47 feet of right-of-way consistent with ACHD policy.
The Applicant is also proposing to extend Avilla Drive to the east boundary as a stub street for
future road connectivity to adjacent properties. The improvement of Daphne Street will also allow
for future connectivity to the east with the assumption that redevelopment of the parcel(s) to the
south will be required to complete the south half of Daphne and continue the pedestrian
connectivity.
Staff supports the overall road layout and stub street locations as proposed on the revised
preliminary plat.
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 dwellings based on the number of bedrooms per unit. Staff will confirm
compliance with these standards at the time of building permit submittal for each residence. In
addition, the proposed 33-foot wide street section accommodates on-street parking where no
driveways exist. Furthermore, no on-street parking is allowed within any part of the cul-de-sac at
the end of W. Philomena Court unless the Applicant revises it to be constructed with a 57-foot
radius.
Because each lot is at least 50 feet wide and there are areas where no driveways exist on the
local streets, Staff is not concerned with the amount of parking in this subdivision.
I. Sidewalks (UDC 11-3A-17):
5-foot wide attached sidewalks are proposed along all proposed streets except for that sidewalk
along N. Black Cat—the Applicant is proposing to construct 5-foot wide detached sidewalk
within the required street buffer consistent with code requirements. In addition, the Applicant is
proposing 5-foot wide micro-paths through each large open space lot for added pedestrian
connectivity. The proposed sidewalks meet UDC 11-3A-17 and ACHD standards.
As proposed, the project and existing conditions of the Poorman outparcel not being annexed
into the City would create a sidewalk gap along the east side of Black Cat. This gap would be
approximately 190 feet in length and equates to the Poorman out-parcel’s frontage along
Black Cat. This sidewalk gap is why the project required ACHD Commission approval instead
of the standard staff-level review and approval. The ACHD Commission approved the road
layout and the overall project without this additional sidewalk connection but instructed the
Applicant try to obtain the additional right-of-way and sidewalk along the outparcel frontage.
Because the Poorman outparcel was allowed to remain unannexed in 2007 from the parcel
that is part of this application despite common ownership, Staff does not find it feasible to
include a condition of approval to require it be annexed into the City at this time or to require
the arterial street buffer and detached sidewalk along the Poorman outparcel frontage.
However, consistent with other approvals in the area, Staff recommends an interim sidewalk is
constructed along the outparcel frontage for pedestrian safety and to eliminate this sidewalk
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gap until frontage improvements are required at such time the Poorman outparcel is
redeveloped.
J. Landscaping (UDC 11-3B):
The required landscaping regulated by code within the proposed development are the following
areas: the common open space areas and the required landscape buffer to N. Black Cat Road. The
submitted landscape plans show landscaping in these areas as proposed.
The Applicant is proposing two end-cap common lots on the west side of N. Sepino Avenue that
are not wide enough to count as qualified open space but are still required to comply with UDC
11-3B-7, buffers along streets. The submitted landscape plans show compliance with code
requirements for the number of trees and other vegetative ground cover.
In addition, common open space is required to be landscaped with one (1) tree for every 8,000
square feet of open space. The large open space area in the south area of the site is shown as
46,319 square feet on the preliminary plat requiring at least six (6) qualifying trees. The
submitted landscape plans show a number of trees exceeding this UDC requirement. The large
open space lot in the northwest corner of the site adjacent to Black Cat is over one-and-a-half
acres in size and has an unknown number of existing and mature trees. In addition to these
existing trees, the Applicant is proposing at least eight (8) additional qualifying shade trees.
Overall, Staff finds the submitted landscape plans show landscaping in excess of code
requirements.
The landscape buffer along N. Black Cat Road is required to be 25’ wide and vegetated in accord
with UDC 11-3B-7. The submitted landscape plans show compliance with UDC requirements for
the number of trees, tree spacing/grouping, and additional vegetative ground cover with two (2)
new trees and the existing conditions of multiple existing and mature trees in the buffer area. The
landscape plans and plat also show this buffer to be within a 30-foot common lot exceeding the
25-foot requirement.
As noted above, the Applicant is proposing a micro-pathway from the cul-de-sac to the
detached sidewalk along Black Cat through the existing tree area. Because this area is densely
vegetated and has a relatively large gap between any roads (approximately 400 feet of micro-
path), Staff is concerned with safety while traversing this path. Staff is unaware if these trees
are pruned to accommodate better visibility or the level of visibility between the proposed cul-
de-sac and Black Cat. Therefore, Staff is including a DA provision to install and maintain
lights along this micro-path to help with pedestrian safety and meet CPTED policies in this
area.
The Applicant is required to dedicate additional right-of-way for Black Cat total 50 feet from
centerline. This additional dedication is for future widening of Black Cat but in the meantime,
UDC 11-3B-7C.5 requires a gravel shoulder of no more than 10 feet with the remaining area to
be vegetated with lawn or other vegetative ground cover; gravel is not a sufficient ground cover
material. According to the submitted landscape plans, the Applicant is not showing compliance
with this code section. So, Staff is recommending a condition of approval to revise the landscape
plans to meet this requirement prior to Final Plat submittal.
K. Qualified Open Space and Amenities (UDC 11-3G):
The proposed preliminary plat area is approximately 16.6 acres in size in size requiring at least
one (1) amenity and 1.66 acres (approximately 72,300 square feet) of qualified open space per
UDC 11-3G-3. The Applicant is proposing a pergola shade structure with a picnic bench, a tot-
lot, and at least 20,000 square feet of qualified open space to meet the amenity requirements; Staff
finds the proposed amenities exceed code requirements.
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According to Staff calculations, the Applicant is proposing approximately 2.84 acres of qualified
open space (approximately 17%) to include half of the Black Cat buffer, and the two large open
space lots within the project. As discussed throughout the report, Staff finds the proposed open
space to be thoughtfully designed and placed for appropriate recreation and use.
Note: the large linear open space lot in the south end of the site contains three (3) separate pond
facilities that are needed to provide pressurized irrigation for the project. According to the
submitted landscape plans, these facilities are shown as small open water ponds with
landscaping and rock around each one creating aesthetic open space amenities. Staff finds these
small ponds add to the overall beautification and recreation of the open space area so long as
they are maintained in accord with UDC standards to include recirculating water and are
maintained such that they do not become mosquito breeding grounds.
L. Fencing (UDC 11-3A-6, 11-3A-7):
All fencing is required to comply with the standards listed in UDC 11-3A-7. Fencing is proposed
as shown on the landscape plan and appears to meet UDC standards as proposed including open
vision fencing adjacent to common open space areas.
VI. DECISION
A. Staff:
Staff recommends approval of the requested annexation, rezone, preliminary plat, and DA
Modification application with the requirement of a new Development Agreement per the Findings
in Section IX of this staff report.
B. The Meridian Planning & Zoning Commission heard these items on November 4, 2021. At the
public hearing, the Commission moved to recommend approval of the subject Annexation and
Zoning, Rezone, and Preliminary Plat requests.
1. Summary of Commission public hearing:
a. In favor: Dan Lardie, Applicant Representative; Tony Tseng, Applicant; Mr. & Mrs.
Poorman, sellers of the R-4 parcel.
b. In opposition: None
c. Commenting: Dan Lardie; Paul Poorman; Gayle Poorman; Joel Tague, neighbor;
d. Written testimony: Don Applegarth, neighbor.
e. Staff presenting application: Joseph Dodson, Associate Planner
f. Other Staff commenting on application: Bill Parsons, Planning Supervisor.
2. Key issue(s) of public testimony:
a.
b.
c.
d.
Location of proposed micro-path in open space lot in northwest corner of the site and a
desire to move it to further from the existing homes;
Transition in lot sizes/lot lines between proposed R-4 lots and existing R-4 lots to the
north;
Overall desire for applications to be approved as proposed because of Applicant’s
willingness to work with sellers.
City’s place in creating the Poorman outparcel starting in 2007 and onward by not
requiring the parcel be annexed originally.
3. Key issue(s) of discussion by Commission:
a.
b.
c.
Confirmation of use for proposed irrigation ponds in central open space;
Configuration of remaining parcels to the south and east – is proposal adequate
transition to the larger 5-acre parcels.
Size and configuration of lots on proposed common drive;
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d. Issues of allowing existing Poorman outparcel to remain and not become part of
plat/annexation area – what are the City’s options with this parcel;
4. Commission change(s) to Staff recommendation:
a.
b.
Move the micro-path in the large open space lot along Black Cat to be further away
from the fence along the north boundary to a more centralized location in the open
space lot;
Revise the plat to show the lot lines along the north boundary (Lots 2-7, Block 1) to
align with the existing lot lines to the north in Vicenza Commons Subdivision.
5. Outstanding issue(s) for City Council:
a. None
C. City Council:
To be heard at future date.
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VII. EXHIBITS
A. Annexation and Rezone Legal Descriptions and Exhibit Maps
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B. Preliminary Plat (dated: 9/17/2021)
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C. Landscape Plans (date: 10/7/2021)
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D. Open Space Exhibit
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E. Conceptual Building Elevations
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VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. A Development Agreement (DA) is required as a provision of annexation and rezone of this
property. Prior to approval of the annexation and rezone ordinances, a new DA shall be
entered into between the City of Meridian, the property owner(s) at the time of annexation
and rezone ordinance adoption, and the developer. Prior to the City Council hearing being
scheduled, the Applicant shall submit for a Development Agreement Modification to
replace the existing DA for the R-4 parcel and incorporate the entire rezoned and
annexed property under a new DA. A fee of $502.00 shall be paid at the time of
application submittal.
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 and rezone. The DA shall, at
minimum, incorporate the following provisions:
a. Future development of this site shall be consistent with the approved plat,
landscape plan, and conceptual building elevations included in Section VII and
the provisions contained herein.
b. The Applicant shall install and maintain lights along the micro-path proposed within the
large open space lot in the northwest corner of the site (Lot 8, Block 1) to help with
pedestrian safety and use of this open space area.
c. With final plat submittal, the Applicant shall provide a copy of the executed agreement
with the Poorman outparcel (Parcel #S0427325830) outlining the use, maintenance, and
termination of the septic drain field that is part of the large open space lot in the
northwest corner of the project, shown as Lot 8, Block 1.
d. The Applicant shall construct an interim 5-foot wide sidewalk along the Poorman
outparcel (Parcel #S0427325830) to eliminate the sidewalk gap on the east side of N.
Black Cat Road and provide safe pedestrian access along this corridor. Coordinate with
the transportation authority on approved construction methods for this interim sidewalk.
2. Prior to the City Council hearing, the Applicant shall provide a revised Rezone legal
description and exhibit map for the existing R-4 parcel noting the rezone request to the R-8
zoning district.
3. The revised preliminary plat included in Section VII.B, dated September 17, 2021, shall be
revised as follows prior to submitting for Final Plat approval:
a. Add a plat note stating that direct lot access to N. Black Cat Road is prohibited.
b. Remove the non-buildable lot (Lot 10, Block 1) for the Poorman outparcel septic
drain field and show it as part of the larger common lot (Lot 8, Block 1).
4. The landscape plan included in Section VII.C, dated October 7, 2021, shall be revised as
follows prior to submitting for Final Plat approval:
a. Any landscaping within the ACHD right-of-way shall be landscaped in accord with
UDC 11-3B-7C.5.
5. Future development shall be consistent with the minimum dimensional standards listed in
UDC Table 11-2A-6 for the R-8 zoning district.
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6. Off-street parking is required to be provided in accord with the standards listed in UDC Table
11-3C-6 for single-family dwellings based on the number of bedrooms per unit.
7. The Applicant shall comply with all ACHD conditions of approval.
8. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11 -
3A-15, UDC 11-3B-6 and MCC 9-1-28.
9. Upon completion of the landscape installation, a written Certificate of Completion shall be
submitted to the Planning Division verifying all landscape improvements are in substantial
compliance with the approved landscape plan as set forth in UDC 11-3B-14.
10. The preliminary plat approval shall become null and void if the applicant fails to either: 1)
obtain the City Engineer signature on a final plat within two years of the date of the approved
findings; or 2) obtain approval of a time extension as set forth in UDC 11-6B-7.
B. PUBLIC WORKS
Site Specific Conditions of Approval
1. The blow off at the west boundary of the subdivision must be removed.
2. The new blow off at the east boundary of the subdivision should be called out using Standard
Drawing W13.
3. City requires developers to provide sewer to and through this project to adjacent properties. In
accordance with the to-and-through policy, sewer must be extended to 4448, 4500, and 4520 W.
Daphne Street.
4. Ensure no sewer service lines pass through infiltration trenches.
5. Ensure that angles of pipe into and out of manholes is a minimum of 90 degrees in the direction
of flow.
General Conditions of Approval
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. 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.
3. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20-feet wide for a
single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but
rather dedicated outside the plat process using the City of Meridian’s standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document. All easements must be
submitted, reviewed, and approved prior to development plan approval.
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4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 9-1-28.C). 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.
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.
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.
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.
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.
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.
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.
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.
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 may be required by the Army Corps of Engineers.
15. Developer shall coordinate mailbox locations with the Meridian Post Office.
16. Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
17. The design engineer shall be required to certify that the street centerline elevations are set a
minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure
that the bottom elevation of the crawl spaces of homes is at least 1-foot above.
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18. The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACHD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
19. At the completion of the project, the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and approved
prior to the issuance of a certification of occupancy for any structures within the project.
20. A street light plan will need to be included in the civil construction plans. Street light plan
requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy
of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272.
21. The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure
prior to final plat signature. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
22. The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
C. FIRE DEPARTMENT
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=236733&dbid=0&repo=MeridianC
ity
D. POLICE DEPARTMENT
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=237247&dbid=0&repo=MeridianC
ity
E. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO (COMPASS)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=237895&dbid=0&repo=MeridianC
ity
F. WEST ADA SCHOOL DISTRICT (WASD)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=238205&dbid=0&repo=MeridianC
ity
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G. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=237323&dbid=0&repo=MeridianC
ity
H. COMMUNITY DEVELOPMENT SCHOOL IMPACT TABLE
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=239277&dbid=0&repo=MeridianC
ity
I. ADA COUNTY HIGHWAY DISTRICT (ACHD)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=240450&dbid=0&repo=MeridianC
ity
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IX. FINDINGS
A. Annexation and 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;
Commission finds the proposed zoning map amendment to annex the property into the City of
Meridian with the R-8 zoning district and Rezone a portion of the project from R-4 to the R-8
zoning district with the proposed preliminary plat and site design is consistent with the
Comprehensive Plan, if all conditions of approval are met.
2. The map amendment complies with the regulations outlined for the proposed districts,
specifically the purpose statement;
Commission finds the proposed zoning map amendment and the request for the development
complies with the regulations outlined in the requested R-8 zoning district and is consistent
with the purpose statement of the requested zone.
3. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
Commission finds the proposed zoning map amendment should not be detrimental to the
public health, safety and welfare.
4. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the city including, but not
limited to, school districts; and
Commission finds the proposed zoning map amendment will not result in an adverse impact
on the delivery of services by any political subdivision providing public services within the
City.
5. The annexation (as applicable) is in the best interest of city.
Commission finds the annexation is in the best interest of the City.
B. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat,
the decision-making body shall make the following findings:
1. The plat is in conformance with the Comprehensive Plan;
Commission finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan in regard to land use, density, transportation, and pedestrian
connectivity. (Please see Comprehensive Plan Policies in, Section V of this report for more
information.)
2. Public services are available or can be made available and are adequate to accommodate
the proposed development;
Commission finds that public services will be provided to the subject property with
development. (See Section VIII of the Staff Report for more details from public service
providers.)
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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 provid ed by the development at
their own cost, Commission finds that the subdivision will not require the expenditure of capital
improvement funds.
4. There is public financial capability of supporting services for the proposed development;
Commission finds there is public financial capability of supporting services for the proposed
development based upon comments from the public service providers (i.e., Police, Fire, ACHD,
etc.). (See Section VII for more information.)
5. The development will not be detrimental to the public health, safety or general welfare;
and,
Commission is not aware of any health, safety, or environmental problems associated with the
platting of this property. ACHD considers road safety issues in their analysis and has offered
their support of the proposed development with the proposed road layout in mind.
6. The development preserves significant natural, scenic or historic features.
Commission is unaware of any significant natural, scenic or historic features that exist on this
site that require preserving.