Z - Signed Findings CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI N,,
AND DECISION&ORDER p
In the Matter of the Request for Annexation of 10.06 Acres of Land with the R-8 Zoning District
and Preliminary Plat to allow 38 building lots and 7 common lots,by Centurion Engineers.
Case No(s).H-2021-0083
For the City Council Hearing Date of. April 5,2022 (Findings on April 19,2022)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of February 15,2022, incorporated
by reference)
2. Process Facts(see attached Staff Report for the hearing date of February 15, 2022, incorporated
by reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of February 15,
2022, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of February 15, 2022, 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 February 15,2022,incorporated by reference. The conditions are concluded to be
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(FRIENDSHIP SUBDIVISION—FILE#H-2021-0083)
- I - Page 209
Item#7.
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 and preliminary plat is hereby approved per the
conditions of approval in the Staff Report for the hearing date of February 15,2022, 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 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
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(FRIENDSHIP SUBDIVISION—FILE#H-2021-0083)
-2-
Page 210
Item#7.
to be signed and returned to the city if filed prior to the end of the six(6)month approval
period.
E. Judicial Review
Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho
Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted, including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
G. Attached: Staff Report for the hearing date of February 15,2022
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(FRIENDSHIP SUBDIVISION—FILE#H-2021-0083)
-3 Page 211
By action of the City Council at its regular meeting held on the 19th day of April
2022
COUNCIL PRESIDENT BRAD HOAGLUN VOTED
COUNCIL VICE PRESIDENT JOE BORTON VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER TREG BERNT VOTED
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison 4-19-2022
Attest:
Chris Johnson 4-19-2022
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 4-19-2022
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(FRIENDSHIP SUBDIVISION-FILE#H-2021-0083)
-4-
EX H I BIT A
STAFF REPORTC� fEN
DIft
N --
COMMUNITY DEVELOPMENT DEPARTMENT a O
HEARING 2/15/2022 Legend
DATE:
Prajec!LacaTian
TO: Mayor&City Council
FROM: Alan Tiefenbach ---
208-884-5533
SUBJECT: AZ,PP -H-2021-0083
Friendship Subdivision a .
LOCATION: 6168 N. Elk Ranch Ln, located near the
southeast corner of N. Meridian Rd and E
E. Chinden Blvd. EI
�m r��Trrrrx
I. PROJECT DESCRIPTION
Annexation of 10.06 acres of land with the R-8 zoning district and preliminary plat to allow 41
building lots and 7 common lots.
II. SUMMARY OF REPORT
A. Project Summary
Description Details
Acreage 10.06
Future Land Use Designation Medium Density Residential 8-12 du/acre
Existing Land Use(s) 1 single family residence
Proposed Land Use(s) Single Family Residential
Lots(#and type;bldg./common) 41 building lots,7 open space lots
Phasing Plan(#of phases) 1 phase
Number of Residential Units(type 41
of units)
Density(gross&net) 4.1 du/ac gross
Open Space(acres,total 1.09 ac qualified open space(10.8%)
[%]/buffer/qualified)
Amenities One amenity is required,applicant is proposing tot lot,
picnic table and benches.
Physical Features(waterways, A Settlers Irrigation canal bisects the property at a 45-
hazards,flood plain,hillside) degree angle;this is being relocated and piped.
Neighborhood meeting date;#of August 6,2021 —5 attendees
attendees:
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Item#7.
Description Details
History(previous approvals) This property was proposed for annexation,zoning to R-8
and plat for 48 lots as the Bull Ranch Subdivision in 2015
(AZ 15-013,PP 15-017).This was subsequently denied by
the Council with density being cited as a primary concern.
B. Community Metrics
Description Details
Ada County Highway District Report Pending,preliminary comments submitted
• Staff report(yes/no) Yes
Access(Arterial/Collectors/State N.Elk Ranch Rd is a private road which provides access
Hwy/Local)(Existing and Proposed) from W. Chinden Rd to the subject property.
Stub Street/Interconnectivity/Cross Subdivision will stub to three local streets—E.Lockhart St.
Access to the west,E. Tallinn St to the east,and N. Senita Hills to
the south.A fourth stub is provided to the church property
at the north.
Existing Road Network E.Lockhard St.,N. Senita Hills Ave.and E. Tallinn St.
N.Elk Ln to E.Chinden is a private road.
Existing Arterial Sidewalks/ This is an internal subdivision surrounded by local roads so
Buffers no buffers are required. There are 5 ft.wide sidewalks
shown along all internal streets.
Proposed Road Improvements Applicant will be required to construct all local streets to
ACHD templates with 33 ft.travel lanes and 47 ft.right of
way.
Fire Service
• Distance to Fire Station 1.8 miles to Fire Station 5
• Fire Response Time <5 minutes
• Resource Reliability >80%
• Risk Identification 2,resources are adequate
• Accessibility Yes
• Special/resource needs Aerial device will be required
• Water Supply 1,000 gpm required
• Other Resources None
Police Service
• No comments
Wastewater
• Comments • Flow is committed
• No sewer services may cross infiltration trenches
• Must provide to-and-through to the property to
the north.
• Sewer to the north must end in a manhole and
preferably be in the Right of Way.If it is not in
the Right of Way it must have a 14 foot wide
access road that is built per City standards.
• Sewer mains must at a minimum have 3 foot of
cover above the pipe.This is not met with
Manhole number 11 and Manhole number 12.
Water
• Distance to Water Services Directly Adjacent
— Page 2
Page 214
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Item#7.
III. APPLICANT INFORMATION
A. Applicant Representative:
Kaili Worth, Centurion/B&A Engineers—5505 W. Franklin Rd, Boise, ID, 83705
B. Owner:
Thomas Buck Trust—6168 N. Elk Ranch Ln,Meridian,ID 83646
IV. NOTICING
Planning&Zoning City Council
Posting Date Posting Date
Newspaper Notification 12/21/2021 1/30/2022
Radius notification mailed to
properties within 500 feet 12/15/2021 1/31/2022
Nextdoor posting 12/16/2021 1/31/2022
Sign Posting 12/20/2021 1/21/2022
V. STAFF ANALYSIS
A. Annexation:
The proposed annexation area is contiguous to City annexed property and is within the Area of
City Impact Boundary. To ensure the site develops as proposed by the applicant, staff is
recommending a development agreement as part of the annexation approval.
B. Zoning
The applicant proposes to annex this property with the R-8 zoning district.As mentioned in the
dimensional standards below,the plat meets all requirements of the R-8 zoning district and the lot
sizes as proposed are consistent with the density designations of the future land use map,but staff
does have concerns with the transition to the south and the alignment of lots to the east and is
further explained in the Comprehensive Plan Policy section below.
C. Future Land Use Map Designation(https://www.meridiancity.org/compplan)
This property is designated Medium Density Residential on the City's Future Land Use Map
(FLUM)contained in the Comprehensive Plan. This designation allows for dwelling units at
gross densities of three to eight dwelling units per acre. Density bonuses may be considered with
the provision of additional public amenities such as a park, school, or land dedicated for public
services.
The annexation area is near existing public services and is surrounded on three sides by the City
limits. The proposed land use of single family residential is consistent with the recommended
uses in the FLUM designation. The proposed project has a gross density of 4.1 du/ac, being on
the low end of the allowed density range listed above. Therefore, Staff finds the proposed
preliminary plat and requested R-8 zoning district to be generally consistent with the Future
Land Use Map designation of Medium Density Residential.
The City may require a development agreement(DA) in conjunction with an annexation pursuant
to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this
application, staff recommends a DA as a provision of annexation with the provisions included in
Section IX.A. The DA is required to be signed by the property owner(s)/developer and returned to
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Item#7.
the City within 6 months of the Council granting the annexation for approval by City Council and
subsequent recordation.
D. Comprehensive Plan Policies(https://www.meridiancity.orglcompplan):
• 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 proposed traditional single-family detached homes will contribute to the variety of
residential categories in the City; however, there is no variety in housing types proposed within
the development. The Birkdale Estates Subdivision is to the west(R-2), the Hightower Subdivision
is to the east(R-8) and the Saguaro Canyon Subdivision (R-4) is to south, with an existing church
on RUT zoned property in the County directly north. Given the property is completely
surrounded by single-family detached, single family detached with comparable lot sizes is
appropriate for the subject property. Staff does have concerns regarding whether there is an
appropriate transition in lots sizes to the properties in the Saguaro Canyon Subdivision to the
south as is discussed below.
• With new subdivision plats,require the design and construction of pathway connections, easy
pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable
open space with quality amenities."(2.02.01A)
The proposed plat depicts 5 ft. wide attached sidewalks on both sides of roads internal to the
subdivision. The pathways master plan does not indicate any pathways crossing the site. There
are several micro pathways providing access to the qualified open space as well as connecting to
an existing micro pathway at the Birkdale Estates Subdivision to the west.
Qualified open space and amenities are discussed below.
• "Require pedestrian access in all new development to link subdivisions together and promote
neighborhood connectivity."(2.02.01D)
As mentioned above, 5 ft. wide attached sidewalks are provided along all internal roadways and
a pathway connection is provided to the existing pathway at the Birkdale Estates Subdivision at
the west.
"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)
The development can be adequately served by critical public facilities and urban services. Water
and sewer will be provided from N. Senita Hills Ave., and the applicant will be required to extend
services to the north.
• Ensure that new development within existing residential neighborhoods is cohesive and
complementary in design and construction. (2.02.02F)
As mentioned, the Birkdale Estates Subdivision is to the west(R-2), the Hightower Subdivision is
to the east(R-8) and the Saguaro Canyon Subdivision (R-4) is to south, with an existing church
zoned RUT to the north. The lots at the southern perimeter of the property are proposed at sizes
between 5,000— 7,000 sq.ft. and widths of between 50-70 ft. This is denser than the adjacent lots
of approximately 10,000 sq.ft. and 90'feet in width in the Saguaro Canyon Subdivision to the
south, and this would result in several of the existing properties abutting more than one lot(and
one residence) along the rear property lines. Staff recommends one of the lots shown as Lots 1-
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Item#7.
4 of Block 2 be eliminated and the remaining 3 lots be sized and oriented to be consistent with
Lots 1-3,Block 35 of the Saguaro Canyon Subdivision No 3 to the south.
The 5,200 sq.ft. +/- lots along the eastern perimeter are very comparable in size to the lots in the
Hightower Subdivision to the east, although staff believes the side lot lines could align better with
the adjacent properties for more cohesive fence lines and easier differentiation of property
ownership.As a condition of approval, staff recommends Lots 1-10,Block I along the eastern
perimeter be configured so their property lines align with Lots 4-11,Block 10 in the Hightower
Subdivision to the east.
This development proposes architecture consisting of one and two-story homes with pitched
roofs, stone bases fishscale accents and/or lap siding with gabled roofs and dormers, which is
consistent with the architecture in surrounding subdivisions.
E. Existing Structures/Site Improvements:
There is one existing single-family residence which will be retained on Lot 9 of Block 3. As a
condition of annexation,this house should be required to connect to City water and sewer service
and obtain a new address since the access to N. Elk Ranch Ln. will be terminated.
F. Proposed Use Analysis:
Single-family detached dwellings are listed as a principally permitted use in the R-8 zoning
districts in UDC Table 11-2A-2.
G. Dimensional Standards(UDC 11-2):
The preliminary plat and fixture development is required to comply with the dimensional
standards listed in UDC Table 11-2A-6 for the R-8 district.All proposed lots and public streets
appear to meet UDC dimensional standards per the submitted preliminary plat. This includes
minimum lot size of 4,000 sq. ft., and required street frontages of at least 40 ft. Development of
the subdivision is required to comply with the subdivision design and improvement standards
listed in UDC 11-6C-3. However, it should be noted that this property was proposed for
annexation, zoning to R-8 and plat for 48 lots as the Bull Ranch Subdivision in 2015 (AZ 15-013,
PP 15-017). It was subsequently denied by the Council with density being cited as a primary
concern and that R-4 or R-2 was preferable to more R-8 zoned property.
UDC 11-6C-3-regulates block lengths for residential subdivisions. Staff has reviewed the
submitted plat for conformance with these regulations. The intent of this section of code is to
ensure block lengths do not exceed 750 ft,although there is the allowance of an increase in block
length to 1,000 feet if a pedestrian connection is provided.No block length exceeds 750 ft.
There are no common driveways proposed with this subdivision.
H. Access (UDC 11-3A-3):
This subdivision proposes to connect to three existing local streets which already stub at the
property—E. Lockhard St.to the west,E. Tallin St. to the east, and N. Santa St.to the south. The
plat also provides a stub street to the church property at the north in case some or all of this
property redevelops in the fixture. The street sections provided with the plat reflect templates of
33 ft. of travel lane(curb to curb), curb,gutter, 5 ft. wide sidewalks,and a 47 ft. right-of-way.
N. Elk Ranch Ln.,a private road,provides access from the subject property to E. Chinden Blvd.
UDC 11-H-4 states when a property has an existing access from a State Highway and an
applicant proposes a change or increase in intensity of use,the owner shall develop or otherwise
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Item#7.
acquire access to a street other than the state highway. The use of the existing approach shall
cease and the approach shall be abandoned and removed. As a condition of approval, staff
recommends the applicant vacate all interest in the N.Elk Ranch Ln. private street,as the
property already has three existing access points from local roads.
ACHD has noted a traffic study is not required with this subdivision and has not offered any other
comments.
I. Parking(UDC 11-3C):
Off-street parking is required to be provided in accord with the standards listed in UDC Table 1I-
3C-6 for single-family detached dwellings based on the number of bedrooms per unit. Future
development should comply with these standards.
J. Pathways ( UDC 11-3A-8):
The pathways master plan does not indicate any pathway connections across or along the
property. The landscape plan reflects micro-pathways comprised of concrete within Common
Lots 1 and 17,Block 1,Lot 8,Block 3 and Lot 1 Block 4. There is also a pathway connection to
an existing micro-pathway in the Birkdale Estates Subdivision to the west.
All internal streets contain 5 ft.wide attached sidewalks which is consistent with the three local
streets stubbing to the property.
K. Sidewalks(UDC 11-3A-17):
Five-foot attached sidewalks are proposed along internal streets in accord with the standards
listed in UDC 11-3A-17.
L. Landscaping(UDC 11-3B):
UDC 11-2A-6 does not require landscape buffers along local streets,which are all the streets
bordering and within the subject property. An open space exhibit was submitted as will be
discussed below.
The landscape plan indicates there are existing trees that are to be removed or relocated,but does
not indicate whether they meet the preservations requirements of UDC 11-3B-10 or whether
mitigation is required. Staff recommends that prior to City Council,the applicant contact the City
Arborist and update the landscape plan accordingly.
M. Qualified Open Space (UDC 11-3G):
This application was submitted prior to the increased qualified open space requirements of UDC
11-3G-3 and therefore this development is required to provide 10%of qualified open space. An
open space exhibit was submitted which reflects 14%of qualified open space is provided. This
includes a 40,761 sq. ft. landscaped park with playground and pathway at the western side of the
property(Lot 8, Block 3), 18,000 square foot(55' x 350' _/-) greenspace with pathway through
the middle of the site(Lots 1,Block 1 and 4), and 6,400 sq. ft.pathway common lots south of E
Lockhart St and at the northwest corner of the property(Lot 8, Block 4 and Lot 10,Block 5).
N. Qualified Site Amenities (UDC 11-3G):
Based on the area of the proposed plat(10 acres),under the previous regulations one amenity is
required. The proposed landscape plan depicts a playground,benches,tables and additional
walking paths. Prior to City Council,the applicant shall revise the landscape plan to indicate
specific details of the amenities.
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Item#7.
O. Waterways(UDC 11-3A-6):
The plat shows the North Slough is bisecting the property at a 45-degree angle north to south
being relocated and piped in accordance with UDC 11-3A-6. According to an exhibit provided
by the applicant(please refer to Section VI.)this ditch is being reconfigured toward the northwest
corner of the property. This reconfiguration effort should be coordinated with the irrigation
district.Also,per UDC 11-3A-6 requires irrigation easements wider than ten(10)feet to be
included in a common lot that is a minimum of twenty(20)feet wide and outside of a fenced
area.
P. Fencing(UDC 11-3A-6, 11-3A-7):
The applicant has not provided any details in regard to fencing. Any fencing shall meet the
requirements of 11-3A-6 and 11-3A-7.
Q. Utilities (UDC 11-3A-21):
Public services are available to accommodate the proposed development. Water and sewer will be
obtained from N. Senita Hills Ave. at the south and developer will be required to extend services
to the north.
R. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual):
The Applicant has submitted elevations of the single-family homes for this project(see Section
VI.F below).
The single-family homes are depicted as one and two-story structures with attached garages, and
a variety of architectural elements and finish materials including gabled roofs,fishscale accents,
covered porches,dormers, stone wainscoting, and lap siding. The submitted sample elevations
appear to meet design requirements for single-family homes and are consistent with the
architecture of existing surrounding residences.
VI. DECISION
A. Staff:
As the plat meets all requirements of the UDC and is consistent with the density designation of
the Comprehensive Plan, Staff recommends approval of the requested annexation,zoning and
preliminary plat with the conditions noted in Section IV. per the Findings in Section VIII.
B. The Meridian Planning& Zoning Commission heard this item on January 2,2022.At the
public hearing,the Commission moved to deny the subiect annexation and rezoning
request.
1. Summary of the Commission public hearing:
a. In favor: Joe Canning,Mike Homan
b. In opposition: Several neighbors attending remotely expressed concerns with
density.
C. Commenting: Joe Canning,Mike Homan
d. Written testimony: None
e. Staff presenting application: Alan Tiefenbach
f. Other Staff commenting on application: None
2. Key issue(s) of public testimony:
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Item#7.
a. Density,why it was being proposed for R-8 versus R-4.
3. Key issue(s) of discussion by Commission:
a. Commissioners discussed what amenities were being provided.
b Whether a proiect meeting the"minimums"was premier.
C. Amount and location of open space,and whether more functional and useable open
space could be provided.
d. Annexing the property as R-8 versus R-4.
4. Commission changes)to Staff recommendation:
a. As the Commission recommended denial, all staffs conditions of approval had
been stricken.
C. The Meridian City Council first heard this item on February 15,2022 and continued it to
March 15.2022.Due to a posting error.this item was continued to April 5, 2022.At the
April 5,2022 public hearing,the Council moved to approve the subject annexation and
preliminary plat request.
1. Summary of the City Council public hearing:
a. In favor: Joseph Cannjng.Mike Homan
ih In opposition: Several citizens testified in opposition.
-c� Commenting: Joseph Canning,Mike Homan
leverley submitted a letter in opposition. The concern
was zoning to R-8 verses R-4,
Staff presenting application: Alan Tiefenbach
L Other Staff commenting on application: None
2 Key issue(s) of public testimony:
a. Zoning to R-8 verses R-4,density,traffic.
2 Key issue(s) of discussion by City Council:
a Council discussed whether R-4 or R-8 was appr r
b.. There was discussion regarding school overcrowding.
-c� There was discussion regarding the overall improvement in design and the open
pace and proposed trails.
4 City Council change(s)to Commission recommendation-
-a As the Council approved this request.the Council adopted staffs conditions of
approval except 2C pertaining to lining up property lines with the eastern lots in
the Hightower Subdivision.
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Item#7.
VII. EXHIBITS
A. Annexation and Rezoning Exhibit(date: 9/30/2021)
4k19 & A Engineers, Inc.
C90SUl kin g Englnaers & Land Surveyors
5505 West FYankl+n Rd. Boise, 3D 03705
Telephone 2{78-341 J; 113 F3131Mi3e 208.342.5792
established in 1921
Friendship Subdivision
Ooundiary Description
30 September 2021
Lot 2 of Block 1 of Blythe Estates Subdivision, as shown on the elicial plat
thereof on 51e in the office of the Ada County. Idaho, Recorder, being the southeast
quarter of the northeast quarter of the northwest quarter of Section 30, Tcwnshlp 4
North, Range f East, Boise Meridian, Ada County, Idaho, and Eyeing more particularly
described as follows:
Camrnenang at Vie northwest comer of said Section 30: thence N89'45'12"E,
2.420.71 feat along the northerly boundary of said Section 30 to the north quarter comer
of said Section 30. thence S00,06'46"W, 664.69 feet along the easterly boundary of
northwest quarter of said Section 30 to the northeast corner of said Lot 2, which is the
Point of Beginning:
Thence continwng SO4`05'46'VV, 664.69 feat along the easterly
baurdary of said Lot 2 to the southeast corner of said Lot 2;
Thence S89043'32'W, 658.96 feet along the southerly boundary of
said Lot 2 to the southwest comer of said Lot 2;
Thence N00005'51'E, 664.85 feet aiorg the westerly boundary of
said Lot 2 to the northwest comer of said Lot 2;
Thence NS9a4+4'22'E, 659.14 feet atong the northerly boundary of
said Lot 2 to the Point of Beginning.
Comprising 10.058 Acres, more or less.
Subject to all existing easements and rights-of-way of record or apparent.
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Item#7.
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B. Preliminary Plat(date: '2"�24-2/22/2022�
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Item#7.
C. Landscape Plan(date: ""�21 1/31/2022)
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D. Canal Relocation Plan(date: December 17,2021)
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Item#7.
E. Common Open Space Exhibit(date: 12,121,12021 1/31/2022)
- QUALIFIED OPEN SPACE (1 1-3G-3.B.1 A)
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Item#7.
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. A Development Agreement(DA)is required as a provision of annexation of this property.
Prior to approval of the annexation ordinance, a DA shall be entered into between the City of
Meridian,the property owner(s) at the time of annexation ordinance adoption,and the
developer.
Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
Planning Division within six(6)months of the City Council granting the annexation. The DA
shall, at minimum, incorporate the following provisions:
a. Future development of this site shall be generally consistent with the
preliminary plat,landscape plan and conceptual building elevations for the
single-family dwellings included in Section VII and the provisions contained
herein.
b. Prior to City Engineer signature on a final plat,the existing home shall be
connected to city utilities.
c. Prior to signature on the final plat,the existing home will be required to vacate
the existing access to N. Chinden Blvd via N. Elk Ranch Ln. and take access
through the proposed Friendship Subdivision via the proposed E. Lockhart St.
in accord with UDC 11-3H-4.
2. The Preliminary Plat included in Section VII, dated 9/9/21, is approved with the following
revisions:
a. The existing irrigation easement bisecting the property is to be relinquished and replaced
with a new easement as depicted on the submitted plans,prior to signature on the final
plat.
b. One of the lots shev,%as Lets 1 4 of Bloek 2 shall be eliminated and the r-emainifig 3 le
e. Lets 1 10,Bleek 1 along the eastem perimeter-shall be eanfigur-ed so the pr-epefty lines
align ,;tom Lets n 11,Block 10 i the 14ig 4,wer-Subdivision t the east
d. The plat notes shall include that Common Lots 1 of Block 1,Lot 1 of Block 4,Lot 8 of
Block 3 and Lot 10 of Block 5 are common lots that shall be owned and maintained by
the subdivision homeowner's association in accord with UDC 11-3G-5-C
3. Prior to signature on the final plat,the Landscape Plan dated September 24,2021 included in
Section VII, dated 9/9//21, shall be revised as follows:
a. All pathways shall be landscaped in accord with UDC 11-3B-12 OR applicant shall
submit a concurrent alternative compliance application if the irrigation district will not
allow the required trees to be planted within their easement.
b. To be consistent with the preliminary plat in that irrigation easements wider than ten(10)
feet be included in a common lot that is a minimum of twenty(20)feet wide and outside
of a fenced area.
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Item#7.
e. Details of the pfopesed amenities shall be ineluded on the!a-ndseape pla-m.
d. The plan shall note all e*istiag trees eligible for-pfesefvatien andlef the Gity Ar-ber-ist's
reeemmefida4ienfe tigatien as required by T�11 3B-10
4. Direct lot access to Chinden Boulevard is prohibited.
5. Prior to final plat,the existing Settlers Irrigation easement shall be vacated.
6. 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.
7. The applicant shall comply with all provisions of 11-3A-3 with regard to access to streets.
8. The development shall comply with standards and installation for landscaping as set forth in
UDC 11-313-5 and maintenance thereof as set forth in UDC I 1-313-13.
9. All ditches shall comply with the provisions for irrigation ditches, laterals, canals and/or
drainage courses, as set forth in UDC 11-3A-6.
10. Pathway and adjoining fencings and landscaping shall be constructed consistent with the
standards as set forth in UDC I I-3A-7A7, 11-3A-8 and 11-313-12C.
11. Comply with all bulk,use, and development standards of the R-8 zoning district listed in
UDC Table 11-2-A-6.
12. The development shall comply with all subdivision design and improvement standards as set
forth in UDC 11-6C-3, including but not limited to driveways, easements,blocks, street
buffers, and mailbox placement.
13. 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.
14. The Applicant shall have a maximum of two (2)years to obtain City Engineer's signature on
a final plat in accord with UDC 11-6B-7.
15. The Applicant shall comply with all conditions of ACHD.
16. The address of the existing home on Lot 9,Block 3 will change with the development of
the proposed subdivision.The new address will be determined at the time the final
records and the City addresses the lots.
B. PUBLIC WORKS DEPARTMENT
SITE SPECIFIC CONDITIONS:
1. No sewer services may cross infiltration trenches
2. Must provide to-and-through to the property to the north.
3. Sewer to the north must end in a manhole and preferably be in the Right of Way. If it is not in
the Right of Way it must have a 14-foot-wide access road that is built per City standards.
4. Sewer mains must at a minimum have 3 foot of cover above the pipe. This is not met with
Manhole number 11 and Manhole number 12.
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Item#7.
5. The geotechnical investigative report prepared by B&A Engineers, Inc. indicates some very
specific construction considerations. The applicant shall be responsible for the adherence of
these recommendations.
GENERAL CONDITIONS:
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.
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.
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Item#7.
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.
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
proj ect.
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
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Item#7.
copy of the standards can be found at
http://www.meridianciU.oMIgublic 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. MERIDIAN FIRE DEPARTMENT
https://weblink.meridiancily.oEglWebLinkIDocView.gApx?id=242560&dbid=0&redo=MeridianC
hty
D. NAMPA&MERIDIAN IRRIGATION DISTRICT
https://weblink.meridiancily.orglWebLinkIDocView.aspx?id=243210&dbid=0&redo=MeridianC
ky
E. DEPARTMENT OF ENVIRONMENTAL QUALITY
https://weblink.meridiancily.orglWebLinkIDocView.aspx?id=243227&dbid=0&redo=MeridianC
iv
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Item#7.
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;
Council finds annexation of the subject site with an R-8 zoning designation is consistent with the
Comprehensive Plan MDR FL UM designation for this property, if the Applicant complies with
the provisions in Section VII.
2. The map amendment complies with the regulations outlined for the proposed district, specifically
the purpose statement;
Council finds the lot sizes and layout proposed will be consistent with the purpose statement of
the residential districts in that housing opportunities will be provided consistent with the
Comprehensive Plan.
3. The map amendment shall not be materially detrimental to the public health, safety, and welfare;
Council finds that the proposed zoning map amendment should not be detrimental to the public
health, safety, or welfare. Council considered oral or written testimony that was provided when
determining this finding.
4. The map amendment shall not result in an adverse impact upon the delivery of services by any
political subdivision providing public services within the city including,but not limited to, school
districts; and
Council finds that the proposed zoning amendment will not result in any adverse impact upon the
delivery of services by any political subdivision providing services to this site.
5. The annexation(as applicable)is in the best interest of city
The proposed annexation meets the medium density designation of the Future Land Use Map and
the applicable provisions of the Unified Development Code. Therefore, the application is in the
best interest of the City if the property is developed in accord with the provisions in Section VII.
B. PRELIMINARY PLAT(UDC 11-611-6)
In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the
decision-making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-
2005)
1. The plat is in conformance with the comprehensive plan and is consistent with this unified
development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008)
Council finds the proposed plat is generally in conformance with the UDC if the Applicant
complies with the conditions of approval in Section VII.
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Item#7.
2. Public services are available or can be made available and are adequate to accommodate the
proposed development;
Council finds public services can be made available to the subject property and will be adequate
to accommodate the proposed development.
3. The plat is in conformance with scheduled public improvements in accord with the city's capital
improvement program;
Council finds the proposed plat is in substantial conformance with scheduled public
improvements in accord with the City's CIP.
4. There is public financial capability of supporting services for the proposed development;
Council finds there is public financial capability of supporting services for the proposed
development.
5. The development will not be detrimental to the public health, safety or general welfare; and
Council finds the proposed development will not be detrimental to the public health, safety or
general welfare.
6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30-
2005, eff. 9-15-2005)
There are no significant natural, scenic or historic features on the property.
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