Lennon Point Community Annexation H-2021-0071 (2022-041093) ADA COUNTY RECORDER Phil McGrane 2022-041093
' BOISE IDAHO Pgs=64 BONNIE OBERBILLIG 04/27/2022 09:17 AM
CITY OF MERIDIAN, IDAHO NO FEE
JWVELOPW�ff AGREEMENT
P` S: 1. City of Merldian
24 Lane Development,-LLC, Owner/Developer
S DEVELOPMENT AGREEMENT(this Agreenift0l,is made and entered into
this 26th day of April � 2022,by and between City-of Meridian, a mumcipal
corporation rf the State of Idaho,hereafter called CITY whose address is 33 E.Broadway Avenue,.
Meridian, Idaho 83642 and Lane Development L C,-whose,address is PO Box 608,Eagle, Idaho
83616,her ° fler ed OWNERIDEVELOPM
i»
RECITALS-
Ll WHEREAS,Owner is the sole o er,in lawand/or equity,of e of
land in the County of A.da, State of Idaho,-described in Exhibit"A7,which.is
attached hereto and by this reference incorporated herein:as if sett forth in full,
herein after referred to as the Property;and
1-2 WHEREAS,Idaho Code 4 67-6 11A provides that cities may,by ordinance,
require or permit as a condition ofzoning that the Owner and/or Developer
male a written commitment. concerning the use or de elopment f the subject
Property; and
L3 WHEREAS, City has exercise its statutory authority by the enactment of
Section 1 1-5B-3 of the Unified;Development Code C "),whichauthorizes
development agreements on'he annexation 'car rebzoning of l d;and
.4 WHEREAS,-Owner/Developer has submitted an application for annexation
and rezone on 10.41 acres of land ftom the RUT zone to R4 (Medium
Density Residential) and -C (Community Business) zoning districts on the
prone as shown in wit"X' der the Unified Development Code,wbieh
generally describes haw the Property will be developed and what improvements
will be d
1 AS, Owner/Developei representations at the public hearings
b Planning .., Zoning+C a 901*li UnA trio metidiaA City d"esUncil,as ta,
hew the Property will be dmtopead and what improvements will be made;and
L6 WHEREAS,the record cif the proceedings foxrequested rezoning held.before.
Planning and Zoning Commission the City Counei4 includes ponse o
govemment subdivisions providing services within the City of Meridian
p "ng Junsdict 0rt,.arid ' lodes f r test' comment; d
Eve O �REE. _ Qr POIN o (H 0 1-07t) PAGE t OF 8
1.7 WHEREAS, on the 8"' day of March, 2022, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
Order ("Findings"), which have been incorporated into this Agreement and
attached as Exhibit`B'; and
1.8 WHEREAS, the Findings require the Owner/Developer to enter into a
Development Agreement before the City Council takes final action on final
plat; and
1.9 WHEREAS,Owner/Developer deem it to be in its best interest to be able to
enter into this Agreement and acknowledges that this Agreement was entered
into voluntarily and at its urging and request; and
1.10 WHEREAS, City requires the Owner/Developer to enter into a development
agreement for the purpose of ensuring that the Property is developed and the
subsequent use of the Property is in accordance with the terms and conditions
of this Agreement,herein being established as a result of evidence received by
the City in the proceedings for zoning designation from government
subdivisions providing services within the planning jurisdiction and from
affected property owners and to ensure zoning designation are in accordance
with the amended Comprehensive Plan of the City of Meridian on December
19,2019,Resolution No. 19-2179,and the UDC,Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein,the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words, terms,and
phrases herein contained in this section shall be defined and interpreted as herein provided for,unless
the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this Agreement,
which is a municipal Corporation and government subdivision of the state of
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Broadway Avenue,Meridian, Idaho 83642.
3.2 OWNERIDEVELOPER: means and refers to Lane Development, LLC
whose address is rO Dam 606, Easla, Idaho 9a616 la—lnafk av —11-a
OWNER/DEVELOPER,the party that owns and is developing said Property
and shall include any subsequent owner(s)and/or developer(s)of the Property.
3.3 PROPERTY: means and refers to that certain parcel(s)ofProperty located in
the County of Ada, City of Meridian as in Exhibit"A" describing a parcel to
bound by this Development Agreement and attached hereto and by this
reference incorporated herein as if set forth at length.
DEVELOPMENT AGREEMENT—LENNON POUTE COMMUN ry(H-2021-0071) PAGE 2 OF 8
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right
to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed under
the UDC.
4_2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owners/Developer shall develop the Property:in accordance with the following
special conditions:
a. Future development of this site shall be generally consistent with the approved plat,site
plan,landscape plan,open space exhibit,and conceptual building elevations included
in Section V11 and the provisions contained in the Staff Report attached to the Findings
of Fact and Conclusions of Law attached hereto as Exhibit"B".
b. The 10-foot multi-use pathway along the Kellogg Drain and Creason.Lateral in the
southwest quadrant of the site shall be constructed with Phase 1 of the development.
c. The existing county residential access onto W. Ustick Road shall be closed upon
development of the subject site;the only approved accesses to the adjacent arterials are
those shown on the site plan.
d. All pedestrian crossings within the private street and drive aisle portions of the site
shall be constructed with brick,pavers,stamped concrete,or equal to clearly delineate
pedestrian facilities.
e. The required landscape street buffers shall be constructed and vegetated along the
entire perimeter (along N. Linder Road and W. Ustick Road) with the first phase of
development.
£ No more than 18 multi-family units are approved with the Lennon Pointe Community
development.
g. If cross-access is proposed between the commercial lot and the 5-unit townhomes,the
Applicant shall submit a recorded cross-access agreement to the Planning Division at
the time of Final Plat Signature to ensure perpetual cross-access between the private
street in the residential portion of the project and the commercial drive aisle.
h. Applicant shall construct the following landscaped areas with trees that touch at
maturity,trees at least 3"in caliper at the time of planting,and install enough plants to
have at least 70% ground cover at plant maturity: landscape buffer between the
proposed commercial building and the single-family residential to its south and; the
landscape area at the northeast corner of the site between the multi-family building and
the east property boundary(Lot 31,Block 1).
DEVELopmE+IT AGREEMENT-LENNONI POD=CoWAUNrrY(H-2021-0071) PAGE 3 of 8
Item#14.
i. With the first phase of development, the Applicant shall construct raised curbing or
similar within the Linder Road access adjacent to ACHD right-of-way to discourage
any left-in or left-out traffic patterns. Applicant shall depict this curbing on the civil
drawings and landscape plans with the first final plat submittal;coordinate with ACHD
as necessary.
6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6)
months after the date of the Findings for the annexation and zoning or it is null and void.
7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default. In the event Owner/Devcloper, or Owner's/Developer's heirs,
successors, assigns, or subsequent owners of the Property or any other person
acquiring an interest in the Property,fail to faithfully comply with all of the terms and
conditions included in this Agreement in connection with the Property, this
Agreement may be terminated by the City upon compliance with the requirements of
the Zoning Ordinance.
7.2 Notice and Cure Period.In the event of Owner/Developer's default of this agreement,
Owner/Developer shall have thirty(30)days from receipt of written notice from City
to initiate commencement of action to correct the breach and cure the default,which
action must be prosecuted with diligence and completed within one hundred eighty
(180) days; provided, however,that in the case of any such default that cannot with
diligence be cured within such one hundred eighty (190) day period, then the time
allowed to cure such failure may be extended for such period as may be necessary to
complete the curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice
from City as described in Section 7.2, City shall,upon satisfaction of the notice and
hearing procedures set forth in Idaho Code section 67-6511A,have the right,but not a
duty, to de-annex all or a portion of the Property, reverse the zoning designations
described herein, and terminate City services to the de-annexed Property, including
water service and/or sewer service. Further,City shall have the right to file an action
at law or in equity to enforce the provisions of this Agreement.Because the covenants,
agreements, conditions, and obligations contained herein are unique to the Property
and integral to City's decision to annex and/or re-zone the Property, City and
Owner/Developer stipulate that specific performance is an appropriate, but not
exclusive, remedy in the event of default. Owner/Developer reserves all rights to
contest whether a default has occurred.
7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall
be governed by and construed in accordance with the laws of the State of Idaho,
including all matters of construction, validity, performance, and enforcement. Any
action brought by any party hereto shall be brought within Ada County, Idaho.
7.5 Delay. In the event the performance of any covenant to be performed hereunder by
either Owner/Developer or City is delayed for causes that are beyond the reasonable
1?EvELoPmENT AGREEvENT—LENNON Pam commuNny(H-2021-0071) PAGE 4 OF 8
Page 201
Item#14.
control of the parry responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the time for such
performance shall be extended by the amount of time of such delay.
7.6 Waiver.A waiver by City of any default by Owner/Developer of any one or more of
the covenants or conditions hereof shall apply solely to the default and defaults
waived and shall neither bar any other rights or remedies of City nor apply to any
subsequent default of any such or other covenants and conditions.
8. INSPECTION: Owner/Developer shall,imamediatelyupon completion of any portion
or the entirety of said development of the Property as required by this Agreement or by City ordinance
or policy,notify the City Engineer and request the City Engineer's inspections and written approval of
such completed improvements or portion thereof in accordance with the terms and conditions of this
Agreement and all other ordinances of the City that apply to said Property.
9, REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits,and submit proof of such recording to Owner/Developer,prior to the third
reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City
Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in
connection with the annexation and zoning of the Property contemplated hereby,the City shall execute
and record an appropriate instrument of release of this Agreement.
10. ZONING: City shall,following recordation of the duly approved Agreement,enact a
valid and binding ordinance zoning the Property as specified herein.
1 l. SURETY OF PERFORMANCE: The City may also require surety bonds,irrevocable
letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to
insure the installation of required improvements, which the Owner/Developer agree to provide, if
required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in
any phase in which the improvements have not been installed,completed,and accepted by the City,or
sufficient surety of performance is provided by Owner/Developer to the City in accordance with
Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owners and/or Developer agree to
abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall
be deemed delivered if and when personally delivered or three (3) days after deposit in the United
SwLva Muil, rcgiotcrcd or ocrtifiod mail, pvotagc prepaid, rcium receipt requested, addressed ws
follows:
CITY: with copy to:
City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E. Broadway Avenue
Meridian, Idaho 83642 Meridian, Idaho 83642
DHvELopmmfr Aox>E[Errr—LENNoN Mum m Comm NfrY(H-2021-0071) PAGE:5 OF s
Page 202
Item#14.
OWNER/DEVELOPER:
Lane Development,LLC
PO Box 608
Eagle,ID 83616
14.1 A parry shall have the right to change its address by delivering to the other party
a written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES:Should any litigation be commenced between the parties hereto
concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may
be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default,termination or forfeiture of this Agreement.
16. TEM IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is
strictly of the essence with respect to each and every term,condition and provision hereof,and that the
failure to timely perform any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be binding
on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the
Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions
thereof,except that any sale or alienation shall be subject to the provisions hereof and any successor
owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed.
City agrees,upon written request of Owner/Developer,to execute appropriate and recordable evidence
of termination of this Agreement if City, in its sole and reasonable discretion, had determined that
Owner/Developer have fully performed their obligations under this Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction,such provision shall be deemed to be excised from this Agreement and
the invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party
shall act reasonably in giving any consent,approval,or taldng any other action under this Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
❑ha.11onging the validity of'any prvviai.ozx in this Agroomcat,the parties wee to cooperate it%defending
such action or proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements,condition and understandings between Owner/Developer and City relative to the subject
matter hereof, and there are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between Owner/Developer and City, other than as are stated herein.
Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this
DEvaDPMENT AGREEMENT-LENNON PODTM CO1vIMUNrrY(H-2021-0071) PAGE 6 OF B
Page 203
Item#14.
Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or
their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted
ordinance or resolution of City.
21.1 No condition governing the uses and/or conditions governing re-zoning of the subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk.
[end of text;acknowledgements, signatures and Exhibits A and B follow]
DEVEIAPMENT AGREEMENT—LENNON Poft47E CommurtrrY(H-2021-0071) PAGE 7 OF 8
Page 204
ACKNOWLEDGMENTS
IN WTTNESS WHEREOF,the parties have herein executed this agreement and made it
effective as hereinabove provided.
OWNER/DEVELOPER:
Lane Developm
By: T�erY13�g-
Its: -,�t4qkn 1--Ayle--
CITY OF MERIDIAN ATTEST:
By. 4-26-2022 Chris Johnson, City Clerk 4-26-2022
Mayor Robert E. Simison ty
STATE OF IDAHO )
ss:
County of Ada )
N
On this '1�day of Y u 2022,before me,the undersigned,a Notary Public in and for said State,
personally appeared (.0 known or identified to me to be the
m9 V1�)W' ' of Lane Development,LLC and the person who signed above and acknowledged to me that
he executed the same on behalf of said corporation.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal day and year in this
certificate fast v
JESS1CA LUPTON
COMMISSION#20212435
NOTARY PUBLIC Notary Public for 1 D
STATE OF IDAH Residing at. ( V10
W COMMISSION EXPIRES 061211ZC127 My Commission fires: l 1 LUZ-
T
STATE OF IDAHO )
ss
County of Ada )
On this 26th day of April , 2022, before me, a Notary Public, personally appeared Robert E.
Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian,
who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that
such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
Notary Public for Idaho
Residing at: Meridian Idaho
Commission expires: 3-28-2028
DFvaDPMENT AGREEMENT—LENNoN POINTE CommuNrry(H-2021-0071) PAGE 8 4F 8
Item#14. EXH I BIT A
Fox H M H
1 LAND SURVEYS engineering
Lennon Pointe
Annexation
Legal Description
A parcel of land situate in the North 112 of the West 112 of Government Lot 4 in Section 1, Township 3
North, Range 1 West,Boise Meridian, City of Meridian,Ada County,Idaho,and more particularly
described as follows:
BEGINNING at the northwest corner of Section 1,from which the west one-quarter corner bears,South
00`01'03"East,2699.19 feet,thence along the northerly line of Government Lot 4,South 88'43'02"
East,665.57 feet;
Thence along the westerly boundary of the Creason Creek Subdivision No.1 recorded in Book 112 of
Plats at Pages 16486-16488,South 00°02'45"West,690.06 feet to the northerly boundary of the
Creason Creek Subdivision No.2 recorded in Book 119 of Plats at Pages 18301-18303;
Thence along said northerly boundary, North 88�'YOI�VVest,-6154.-76-feetto-westeI ly line of
Government Lot 4,-
Thence North 00'01'03"West,683.16 feet to the POINT OF BEGINNING,
Containing 10.41 acres,more or less
END OF DESCRIPTION
Prepared by:
Ronald M.Hodge, PLS
Survey Department Manager
RMHJk e`� TE Fad
8575
^�65•zzL�
IP44 D M p0
680 S. Progress Ave.,Suite#26• Meridian, Idaho 83642•Tel:208-342-7957•Web: hmh-Ilc.com
Equal Opportunity Employer
Lennon Pointe Community—H-2021-0071
Page 206
Item#14.
EXHIBIT B'
W. Ustick Rd. SURVEYMAP
35136 S88043'02"E 665.57'
2Al — — — —
\1
Point of Beginning
ANNEXATION
C—C
ry
a�
z
f- o v
N
00 00 c0
C0 O
O
of
N
w R-15
0
0
0
0
664,76'
N88°59'01"W
�r U STE
$ 8575
7 r
0 100 200 pptF Of
2 1 M
Scale in Feet NOTE:THIS DRAWING IS A VISUAL REFERENCE ONLY.
DS.RMH SCALETLIW DATE:W28.2021 LENNON POINTE REZONE-ANNEXATION
MTV ADA COUNTY,IDMO HMH
sV.RMH sHT.111 GS02D-M 5EC.1,T.M.R.1W,B.M. enginee
Lennon Pointe Community H-2021-0071
Page 207
EXHIBIT B
Item#14.
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW E AND DECISION❑ECISION &ORDER
In the Matter of the Request for Annexation of 10.41 acres of land with a request for C-C(2.01
acres) and R-15(8.3 acres)zoning districts; Preliminary Plat consisting of 43 residential building
lots(42 single-family residential and 1 multi-family residential), I commercial building lot,and 2
common lots on 8.8 acres of land in the proposed C-C and R-15 zoning districts; Conditional Use
Permit for a multi-family development consisting of a total of 18 units on 1.18 acres in the proposed
R-15 zoning district, by ❑G Group Architecture, PLLC. (NOTE: The Applicant also received
approval for private streets in a portion of the project. This application is reviewed and approved
by the Director)
Case No(s). H-2021-0071
For the City Council Hearing Date of: February 22,2022(Findings on March 8,2022)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of February 22,2022, incorporated
by reference)
2. Process Facts(see attached Staff Report for the [searing date of February 22,2022, incorporated
by reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of February 22,
2022, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of February 22, 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: I 1 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.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Lennon Pointe Community-FILE#14-2021-0071) - Page 208
Item#14.
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 a]I in the attached Staff Report for the
hearing date of February 22,2022, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's requests for Annexation and Zoning,Preliminary Plat,and Conditional Use
Permit are hereby approved per the conditions of approval in the Staff Report for the hearing
date of February 22,2022, 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 TinaI plat or short plat(UDC 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, acid confonzts 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 11-613-7.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 11-
6B-7C).
Notice of Conditional Use Permit Duration
Please take notice that the conditional use permit,when granted, shall be valid for a maximum
period of two(2)years unless otherwise approved by the City. During this time, the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval,and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting,the final plat must be signed by the City
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Lennon Pointe Community-FILE#14-2021-0071)
Item#14.
Engineer within this two(2)year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the
rise not to exceed one(1)two(2)year period.Additional time extensions up to two (2)years as
determined and approved by the City Council may be granted. With all extensions,the Director
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title 11(UDC 11-5B-6F).
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 67-651 IA. 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 [lie 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 retuned to the city within six (6)months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six(6) month approval
period.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code y 67-6521,any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight(28)days after the date of this decision and order
seek a judicial review as provided by Chapter 52,Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of February 22,2022.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Lennon Pointe Community-FILE#14-202 I-0071) -3- Page 210
By action of the City Council at its regular meeting held on the 8th day of March
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 3-8-2022
Attest:
Chris Johnson 3-8-2022
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 3-8-2022
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Lennon Pointe Community—FILE#H-2021-0071) -4- Page 160
ttem#t4. EXHIBIT A
STAFF REPORTC�WE IDIAN:---
COMMiINITY DEVELOPMENT DEPARTMENT
HEARING 2/22/2022 Legend
DATE:
Project Location
TO: Mayor&City Counci l r
FROM: Joe Dodson,Associate Planner >v
208-884-5: ;
SUBJECT: H-2021-0071 -
Lennon Pointe Community
LOCATION: The site is located at 1515 W. Ustick
Road, in the southeast comer ofN.
Linder Road and W. Ustick Road, in the n
NW s/4 of the NW 1/4 of Section 1, 1. _
Township 3N., Range I W.
1. PROJECT ❑ESCRIPTION
■ Annexation of 10.41 acres of land with a request for C-C(2.01 acres)and R-15 (8.3 acres)zoning
districts;
• Preliminary Plat consisting of 44 43 residential building lots (4�42 single-family residential and
1 multi-family residential), 1 commercial building lot,and 2 common lots on 8.8 acres of land in
the proposed C-C and R-15 zoning districts;
• Conditional Use Permit for a multi-family development consisting of a total of 18 units on 1.18
acres in the proposed R-15 zoning district,by DG Group Architecture,PLLC.
Note: The Applicant is also applying for private streets in a portion of the project. This
application is reviewed and approved by the Director; Commission action is not required.
Analysis of the private street design is provided below in section V.
II. SUMMARY OF REPORT
A. Project Summary
Description Details
Acreage 10.41 (R-15-8.3 acres;C-C-2.01 acres)
Future Land Use Designation Mixed Use Community
Existing Land Use(s) County residential
Proposed Land Use(s) Residential (townhomes,single-family attached,single-family detached,
and multi-family)and Commercial
Lots(#and type;bldg./common) 47 total lots -43 residential lots; i multi-family residential lot; 1
commercial;and 2 common lot.
Phasing Plan(#of phases) No phasing plan was submitted
Page I
Page 212
Item#14.
Description Details
Number of Residential Units 61 residential units-4 detached single-family lots,30 single-family
hype of units) attached lots,9 townhome lots,and 18 multi-Family units.
Density Gross--7.35 dulac.;Net- 18.55 dulac.
Open Space(acres,total 1.64 acres of qualified open space(18.7%)-large open space area in
[%J/buffer/qualified] the southwest corner of the site,the large central mew,and half of the
required arterial street butlers
Amenities 2 qualifying amenities for UDC I 1-3G-3-segment of 10-foot multi-use
pathway and tot-lot(non-qualifying dog-park area is also proposed).
2 qualifying amenities for the multi-family residential (UDC 1 1-4-3-27)
-shared plaza and public art feature.
Physical Features(waterways, Kellogg Drain and Creason Lateral traverse the southern portion of the
hazards,flood plain,hillside) site.Floodplain exists over a majority of the site.See Public Works
continents for further requirements.Section VIII.B.
Neighborhood meeting date September 7.2021
History(previous approvals) NIA
B. Community Metrics
Description Details
Ada Count Hi ] a ❑istrict
__i
■ Staff report(yes/no) Yes
• Requires ACHD No
Commission Action
(yes/no)
Access Access to the adjacent arterials(Ustick and Linder)is proposed via one driveway
(Arteriat/Collectors/State connection to each.
Hwy/Local)(Existing and Private Street access is proposed to the internal local street being extended through the
Proposed) site.
Traffic Level of Service Ten Mile Road-Better than"E"(1.47411,540 VPH)
Pine Avenue(existing section only)-Better than"D"(182/425 VPH)
Stub Two local stub streets exist to the east and south property boundaries-Applicant is
Streetllnterconnectivity/Cross proposing to extend each street and intersect them within the site.
Access Applicant is proposing a private street through the west half of the development that
connects to the extended local street.
Access to the commercial property at the northwest corner of the site is proposed via
drive aisle connections to the proposed private street and the multi-family drive aisle.
Access to the multi-family units is proposed via a typical drive aisle.
Existing Road Network Internal road network is not existing.
Existing Arterial Sidewalks 1 Existing arterial sidewalks;The required landscape buffers will be installed with this
Buffers proj ect.
Proposed Road Improvements None proposed or required with this application.Below are anticipated improvements to
adjacent roadways:
Capital Improvements Plan(CIP)I Integrated Five Year Work Plan(IFYWP):
+ Linder Road is scheduled in the IFYWP to be widened to 5-lanes from Ustick Road to Cherry
Lane in the future with the design year of 2025.
■ Ustick Road is scheduled in the If--YWP to be widened to 5-4anes from Linder Road to Ten
Mite Road in 2025.
■ Linder Road is listed in the CIP to be widened to 3-lanes from Ustick Road to Cherry Lane
between.2036 and 2040.
• Ustick Road is listed in the CIP to be widened to 5-lanes from Linder Road to Ten Mile Road
between 2021 and 2025.
Page 2
Page 213
Item#14.
Desrri tion Details
Fire Service
• Distance to Fire Station 1.5 miles from Fire Station#2
■ Fire Response Time This project lies within the Meridian Fire response time goal of 5 minutes_
• Resource Reliability Fire Station#2 reliability is 85%.
• Risk Identification Risk Factor 4-commercial with hazards(multi-family waterway)
• Accessibility Proposed project meets all required access,road widths,and turnarounds;Fire has
signed off on Private Street layout.
Addressing ror project is very important for emergency responses; Applicant shall work
with City Addressing Agent and the Fire Official to have lighted maps wherever
necessar .
Police Service
• Distance to Station Approximately 4.2 miles from Meridian Police Department
• Response Time Approximate 4-minute response time to an emergency_
• Call Data Between 101'l/2019-9/31/202 1,the Meridian Police Department responded to 4.584
calls for service within the reporting district(M731)of the proposed development, The
crime count on the calls for service was 442. See attached documents for details.
Between 1 Ol l/2019-9/31/202 1,the Meridian Police Department responded to 62
crashes within a mile of the proposed development. See attached documents for details.
■ Additional Concerns None
West Ada School District
Approved
p_relim Approved MF
plat parcesver units per Miles
l=nrollmerrc Ca aci attendance area attendance area jO `°s hn
River Va hey ElemeMary 453 700 433 560 4.8
Meridian Middle School 1097 1000 goo 1799 2.2
Meridian High Schaal 1769 2075 3728 2300 2.0
School of Choice Options
Chief Joseph School-Arts 499 700 N/A N/A 3.7
Barbara Morgan-STEM 412 500 N/A N/A 1.0
Water
• Project Consistent with No-See attached water markup in Exhibit VII.F and conditions in Section VI11.B for
Master Plan required revisions.
■ Comments • A water main connection will be required to Ustick Road.
• Current design does not follow the utility corridor,Water mains should be located
north and east of roadway centerline.
• A water main connection will be required to the existing,stuns in North Zion Park
Avenue and.West Pebblestone Drive.
• The proposed main west of Building B should be eliminated.
• Complete the water loop by extending the water main in the private road between
Building B and Building DI to the northeast.
• Minimize water main length ricarthe commercial lot at the northwest corner of the
development. Bring the water main only as far as needed to provide a hydrant for the
buildings' fire protection.Extend service lines from the main to serve the two retails
buildings.
• Water mains should not cross through landscaping or sidewalks.
Wastewater
• Project Consistent with No -Development needs to fie into sewer at W. Pebblestone Dr. and not in W..Ustick.
Master Plan
Page 3
Page 214
Item#14.
Deseri tion Details
s Comments •Services should not cross other residential lots.The services in the southeast corner do
this and need to be adjusted.
•Sewer needs to tie into the cleanout in W.Pebblestone Dr.The cleanout is
supposed to he temporary until this parcel developed.The City does not want the
clean out there permanently.
•There is a matiltole located in a landscaping area(located at the NE corner nearest
Pebblestone Dr).Reconfigure so this manhole is in the ROW.
20'Utility easement for sewer and 30'utility easement for sewer and water needed.
Ensure no permanent structures(trees,bushes,buildings,carports,trash receptacle
walls,fences,infiltration trenches,light poles,etc.)are built within the utility easement.
Ensure no sewer services cross infiltration trenches.
COMPASS—Communities in
Motion 2040 2.0 Review
Housing w/in 1 mile 5,240
Jobs w/in l mile 970
r Ratio 0.2—indicates an employment need(ratio between 1-1.5 is considered healthy ratio).
Nearest Bus Stop 3.1 miles'
Nearest Public School 0.5 miles
Nearest Public Park 0.25 miles—Approximately '/k mile north of Tully Park(18.3 acres in size).
Nearest Grocery Store 1.6 miles
Recommendations See agency comment section for link to full file.
Page 4
Page 215
I 1 1
� I
• • • rt r[ nrml
- ■ - . nn�' +yam i1 �_ � ,_. � � - �`.. .
�� mac =t r.1• u. :5 _ = _ .. �•
�iy I-• �—i=�� .cam_ _ -� - •Z ��i `,
�i�p��■` ..�;; -J fie. '� i� ;�
a � ' � it j—I .� - - •a'_� ,t. ��-. ..
e�
-- v
— ----[Iflrl ■1 lj�i 11■11
- - - d11Ji, t � 1►11 rf�
1■ll!•_; 7� •I■ _�IIII�I[I
ppp
Aq
nlRll:. � 11 11 �p..IIIIIIlIIlI[
1ZX 11
�
I:IIIIII;11�Ir=
T-T►^�1�I
^ �; vi: iq
■ rrM J Rp�■ll[r[■■ / �.'� ifs RIIIIIIp IIIIIIIIIII� -
LU WON
NOR a
fa ■■ - ■r■ �j■■■4p ��w•-IIII I I II :Illlllllll.. -
+ram ii �,■ • w' w
r r y _ �y r� � 0�:ar ■
M=Olin
r ■ r ■ f ell
ji■rfi r rr■far moo ii 11��imoo r rrrr'
•
• f■
1
Item#14.
IV. NOTICING
Planning&Zoning City Council
Posting Date Posting Date
Newspaper Notification t 1/2/2021 2/6/2022
Radius notification mailed to
properties within 500 feet 10/27/2021 2/3/2022
Site Posting 11/2/2021 2/7/2022
Nextdoor posting 10/28/2021 2Y3/2022
V. STAFF ANALYSIS
A. Future Land Use Map Designation{Blips:liwirxy.nieridiancih}.ur-9ko► clan)
Mixed Use Community—The purpose of this designation is to allocate areas where community-
serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to
integrate a variety of uses,including residential, and to avoid mainly single-use and strip
commercial type buildings. Non-residential buildings in these areas have a tendency to be larger
than in Mixed Use Neighborhood (MU-N)areas,but not as large as in Mixed Use Regional(MU`-
R) areas. Goods and services in these areas tend to he of the variety that people will mainly travel
by car to,but also walk or bike to(tip to three or four miles). Employment opportunities for those
living in and around the neighborhood are encouraged.
The subject site has existing Citv of Meridian zoning in all directions, including across the
adjacent arterials to the north and west. The site is directly bordered to its north and west by
arterial streets, Ustick and Linder Roads, respectivehv.Development of these areas are ongoing
with detreclled single-fa►tzili,to the east and south in Creason Creek Subdivision and multiple
office buildings being cottstructed to the north across Ustick Road. An ambulance service and C-
CZoning exist to the west across Linder Road. In addition to the existing land uses around the
property, the subject site contains two major waterivaw;and a large area oj:/loodplain that
traverse a large.segment of the.southern half of the.site, the Creason Lateral and the Kellogg
Drain. The Applicant is proposing to pipe the Kellogg Drain and reroute it to make more area of
the site u.sahle as well as provide open.space andpathiva),s in the.southwest corner of the site and
along the west boundaty.
The proposed land uses are attached stngleJbmily, townhomes, 1721111i-family residential, and
commercial. These laird uses are consistent with those outlined in the MU-Cfiaure laird use
designation definitions andpreferred uses when properli,integrated with both internal and
external uses, Overall. Staff finds the proposed site design does integrate the project and
proposed uses in appropriate manners. Specifically.,, the Applicant has proposes[their multi-
f ntily residential product along Ustick and the commercial buildings at the hard corner of•the
Ustick and Linder intersection which places the most intense uses closest to the arterials.
Therefor e, 111e single-jitnzily uses are proposed on the ren7rrittitzg area of the site that makes tip
approximately 70%of the site area. The Applicant is proposing the single-Jamili,portion o.f the
site as all two-story except far the 6-unit townhomes along Linder which are proposed 3-stories.
Because of the proposed transitional densiV and placement c�fthe proposed uses,this project is
generally consistent with the concept diagrams in the City's Comprehensive Plan for mixed-
use designations.
However,the one area of the site that Staff ffinds could provide more transition is the 4-store
multi fancily building along Ustick that is also adjacent to singlefatnily to the east. The existing
detached single far►rile home in Creason Creek directly°adjacent to the site is a,single-ston,home
Page 6
Page 217
Item#14.
with an upstairs bonus room. Despite the separation ol'the side yard ol'the single-) roily horde
and a proposed micro path area of 0 feet wide between the two uses, Staf f finds the height
disparity of'the existing hotne and the proposed 4-slor),inulli-Tcmil} building is an adegttrrte
transition.According to the Applicant, the mztlli Amily units are each two stories and are being
proposed as being stacked, which is how the 4-slory concept is proposed Therefore, Staf f'is
recommending the top two (2) units directly adjacent to Creason Creek are removed so there is
approximately 65 feet(includes landscaping and unit width) ofseparation betiveen the existing
home and the 4-simy portion ol'the With this revision, the freight of the two story
multi;funail} units would be approximately?I feet depending on how the Applicant proposes to
rooj'the units (flat roof'or pitched roof).
In addition to site design, certain densities are required to be met for residential projects within
the MU-C.future land rese designation. The proposed project as shown isappravinrately 7.35
dulac. meeting the 6-15 dul'ac requirement (see communiq,inetrics above). Therefore, Stctjf finds
the density proposed with the annexation and plat is consistent with the Future Lund Use Map
designation oj'Mv(ert Use Community(MU-Q. NOTE: The gross density tivill elect-ease slightly
titiritlr staff s recommendation to lose two of the
multi- units.
Mixed-use designations also require at least three (3) apes o,f land rises. When anal)zingprojects
within the MU-C future land use designation, the approved andlor developed land rises nearby
must be considered. Therefore, Staf'has taken into account adjacent land uses that can he
traveled between with relative ease. The closest development to this property is an office
deMapment that is under construction to the north. Specific uses of this project are not known at
this time but the property is zoned C-C and does not have limitations on the allowed uses outside
gfzoning. Furthermore, this project is proposed with different residential land uses as well as
two commercial building footprints. Staff finds the apprapriale number c f useas for•a mixed-use
area is met.
Therefore,as noted previously and with Staffs recommended revision,Staff finds the proposed
project to be generally consistent rvith the Mixed-Use Community putnose statement and
concept diag►•arn. Further and specific policy anal f sis is belong,
The City may require a development agreement(DA) in conjunction with an annexation pursuant
to Idaho Cade section 67-6511 A.In order to ensure the.site develops as proposed with this
application, Stafjrecommends a DA its a provision of annexation with the provisions included in
Section HILA1. The DA is required to be signed by the property owner(.$)/developer and returned
to the Citv within 6 months of the Council granting the annexation for approval by City Council
and subsequent recordation. A fi►al plal will not be accepted until the DA is executed and the AZ
ordinance is approved by On,Council.
B. Comprehensive Plan Policies (hops:r`Irvtiina.rrtcrirlia►acil�.orglcam lutr]:
The applicable Comprehensive flan 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"(2.01.01 G).Lennon Pointe Comtnunih is proposing a
project xfith a combination of bind uses in the.form af'single jami4v attached, townhomes, multi-
,fa►rrily, and commercial within one development. A mast majority gl'the housing that exists around
this developrscrrt are traditional detached single-!easily horses. The Applicant hopes to add
additional housing t pes in this geographic area and within this MU-C area that rill delineate a
unique living opportunity in the City,and acid to the housing diversitY available while being
within sale walking distance to.iaure commercial uses.
"Require all new development to create a site design compatible with surrounding uses through
buffering, screening, transitional densities, and other best site design practices"(3.07.01 A). The
Page 7
Page 218
Item#14.
proposed site design incorporates mews,private streets, an extension ofpublic streets, common
open.space, and duff Brent land ernes within the.same project area. As discussed above, Staff finds
the proposed site design is compatible vvith adjucent uses through transitional densi1_t,, htrffering,
and overall design.
"Establish and maintain levels of service for public facilities and services, including water, sewer,
police,tra»sportation, schools, fire, and parks"(3.02.01G).A11 public utilities are available,for
this project site due to existingfacililies abutting the.site. This project also lies within the Fire
Department response time goal if S minutes, Linder and Uslick Roads are c1117-ent/v built tit their
ullimate anticipated widths directly abutting the.site.
Wrest Ada School District offered comments on this project and estimates 31 additional school
aged children would be housed in this development. According to the letter received, the
allocated elemenlaq and high school,far this site have capacity,but the middle school is alreadv
over capacity:. Stcgf'understands that school enrollment is a major issue to be dealt with an a cit17
vt+ide scale. Dire to the incorporation if'different housing tvpes and a unit count on the low end slf'
the allowed density, the Applicant has minimized the pr•gject impact on area.schools.
Stuff;finds that the existing and planned development if the immediale area create condiliors for
adequate levels of•service to and far this proposed project.
"Preserve,protect,and provide open space for recreation,conservation,and aesthetics"
(4_05.01 F), The proposed project offers open space that exceeds the mininrurn requirenrents in the
unified development code (UDC). The Applicant has placed a large area of'open space ill tine
southKYest corner of the development where the irrigation facilities and their-easements exist. In
addition, there is a mew running north-south through the center of the development.for•the
attached single,fatnily units to,front on green space rather than the road network. This adds to
the green space and adds a Pore livable component to the project. Other areas of'open space are
also proposed along the west boundwy that would act as a buffer,from Linder as well as a
proposed dog park area in the southeast corner of the site_In addition, all of the open space
areas are accessible through pedestrian facilities that connect throughout the entire site. Slgll'
supports the proposed open space areas and anticipates they will provide recreation,
conservation, and add to the aesthetic of'the project.
See.fiir•ther analysis in Section V F and V.L.
"Establish distinct,engaging identities within commercial and mixed-use centers through design
standards."(2.09.03A).As discussed above, the proposed project offers a distinct set oj'uses and
design that are cur•rentl)?not available nearhtr the.site. Included in this is the incorporation of two
commercial buildings at the northwest corner of the site with a shard plaza fir use by the
residents and f fare business patrons. This is a desired aspect of mired-use areas That helps
engage the commercial buildings with the residential component of a project. In addition,
according the submitted elevations and site renderings, the Applicant is proposing distinct
architecture for the project that creates a specific identitv_for this development and corner
property,
In addition to general Comprehensive Plan policies,projects in mixed-use areas should also
aim to meet the mixed-use policies. Rather than list them all in this report,Staff has
analyzed the project against them and finds the project to be consistent with a majority of
those polities outlined in the mixed-use area of the Comprehensive Plan here.
Therefore,Staff finds this development to be generally consistent with the Comprehensive Plait
and a majority of the mired use policies.
Page 8
Page 219
Item#14.
C. Existing Structures/Site Improvements:
The site currently houses a single-family home and other accessory buildings.All existing
structures will be removed upon development of this site, The Applicant will be responsible for
maintaining the existing arterial sidewalks along Ustick and Linder Roads during construction.
D. Proposed Use Analysis:
The Lennon Pointe Community proposes multiple residential uses and a commercial component
within the same project. The commercial area is proposed at the very northwest corner of the site
and shows two building pads totaling 12,000 square feet on 1.47 acres of requested C-C zoning.
No tenants are currently known at this time but the submitted site plan shows the larger building
closest to the hard coiner with a drive-through and the smaller building along the south boundary
of the C-C area adjacent to a shared plaza. Should a drive-through be proposed on this
commercial lot, it will require a future Conditional Use Permit(CUP)because it is within 300
feet of residential use and district. Commercial buildings require Certificate of Zoning
Compliance(CZC)and Design Review so Staff will evaluate uses for compliance with code with
future application submittals.
The remaining area of the site(7.28 acres) is proposed with the R-15 zoning district and
residential uses. The residential areas of the site are proposed with three(3)detached single-
farnily homes(located at the very southeast corner of the site), attached single-family(2 attached
units with each on their own lot),townhomes (3 or more attached units an individual lots),and
multi-family residential, All of the proposed single-family uses are permitted uses within the
requested R-15 zoning district. The multi-family residential use is a conditional use in R-15
zoning district per UDC Table 1 I-2A-2.
No phasing plan was submitted so it can be assumed development is proposed to be constructed
in one phase. Administrative Design Review is required for all of the proposed residential uses
except for the three (3) detached homes proposed in the southeast corner of the site. This
application was not submitted concurrently with the other applications so the Applicant will be
required to submit this prior to obtaining building permits for any of the attached product and the
multi-family, The Applicant has provided conceptual elevations and renderings of all residential
uses and Staffs initial analysis is that the buildings comply with the Architectural Standards
Manual (ASM).
E. Dimensional Standards(UDC 11-2):
The commercial and multi-family residential lots appear to meet all UDC dimensional standards
per the submitted plat.All of the single family lots also meet the UDC minilnzan lot size standard
except for the central lot in the 3-unit townhome rat the.south end of'Ihe.site—this lot is shown as
less than the minimum required 2,000 square feet and should be corrected with the final plat
submittal to Meet UDC standards. The 3-unit townhome building contains s the three smallest
building lots in the development and includes the non-conforming lot. Other than these three lots,
the smallest building lot is approximately 2,800 square feet.
Furthermore, it appears the site plan shows building fnotpf ints too large,fbr the proposed
building lots--the building footprints do not meet the minimum building setback to the entrance
.sideitwlks of IO feet. When future building permits are submitted, the Applicant will be required
to shots°compliance with all R-15 dimensional standards as outlined in UDC Table 11-2A-7.
According to the submitted conceptual elevations,the proposes!4-story multi-family
buildings are 46 feet in height which is above the 40 foot height limit for the requested R-15
zoning district.Prior to submitting fan-CZC and Design Review, the Applicant is required to
correct this to oomph,with the R-15 dimensional standards.
Page 9
Page 220
Item#14.
In addition to the building lots,the Applicant is proposing a private street through a portion of the
residential area. According to the submitted plans,the Applicant is proposing this private street to
be at least 26 feet wide and be within a 30-foot easement on the plat. Sidewalks are not required
along private streets but the Applicant has proposed a 5-foot wide sidewalk along the proposed
building rather than adjacent to the private street. Overall,the minimum UDC standards outlined
in UDC 1 I-3F for the proposed private street are met per the submitted plans.
The inclusion afside►valks adjacent to the townhorne units on the west end of the development
adds to the pedestrian circulation of the.site despite not being required for primate streets. The
same can be said for all of the pedestr•ia►t facilities shown on the.submitted site plan that provide
the entrances to each tin it and creates ally-loaded hotnes far a mgjority of the site. However. the
"detached"sidewalk on the east side oj'the 6-unit townhome building should he moved to be
located adjacent to the private street.so the sidewalk is less likely to he blocked by cars parked on
the parking pad between the street and the garage rlaor.
In addition, all subdivision developments are also required to comply with Subdivision Design
and Improvement Standards(UDC l 1-6C-3). The proposed prelintina►3,plat and submitted plans
appear to meet the UDC requirements of this section.
F. Specific Use Standards (UDC 11-4-3):
The proposed multi-family development use is subject to conditional use permit approval by the
Planning and Zoning Commission and subject to specific use standards outlined in UDC 1 I-4-3-
27 and below:
11-4-3-2 7—M ulti-Fami lyDevelopment:
A. Purpose:
1. To create multi-family housing that is safe and convenient and that enhances the quality
of life of its residents.
2. To create quality buildings and designs for multi-family development that enhance the
visual character of the community.
3. To create building and site design in multi-family development that is sensitive to and
well integrated with the surrounding neighborhood.
4. To create open space areas that contribute to the aesthetics of the community,provide an
attractive setting for buildings, and provide safe, interesting outdoor spaces for residents.
S. Site Design.
1. Buildings shall provide a minimum setback of ten feet (lit')unless a greater setback is
otherwise required by this title and/or title 10 of this Code. Building setbacks shall take
into account windows, entrances, porches and patios, and how they impact adjacent
properties. Proposed project complies with this requirement according to the submitted
plaits.
2. All on-site service areas,outdoor storage areas,waste storage,disposal facilities,and
transformer and utility vaults shall be located in an area not visible from a public street,
or shall be fully screened from view from a public street. The site plan depicts screened
trash enclosures that are only visible front internal to the site; all proposed
t►ct►lsfo►'r►lerlutilit� vutdts shrill also comply with this requirement.
3. A minimum of eighty(80)square feet of private,usable open space shall be provided for
each unit.This requirement can be satisfied through porches, patios, decks, and/or
enclosed yards. Landscaping, entryway and other accessways shall not cowit toward this
Page 10
Page 221
Item#14.
requirement. In circumstances where strict adherence to such standard would create
inconsistency with the purpose statements of this section, the Director may consider an
alternative design proposal through the alternative compliance provisions as set forth in
section 11-5B-5 of this title. Each multi-fanaih unit is proposed as a two-stop unit with
the units on levels l &2 dijjeringfront those on levels 3 &4. According to a document
submitted by the Applicant, the lower units provide at least 132 square feet g1private
open space in the_1brm of private patios. This document also states the units on the upper
levels provide at least 251 square.feet of private open space per unit in the.1brm o1'
private patios. Thesubmilted conceptual elevations short the'fourthffoorpatio is
essentially a roof-top deck-above the third floor. Eased on the submitted elevations and
data provided by the Applicant,Staff supports the proposed private common open space
and finds it exceeds the required area.
4. For the purposes of this section, vehicular circulation areas,parking areas,and private
usable open space shall not he considered common open space. These areas were not
included in the common open space calculations for the site.
5. No recreational vehicles,snowmobiles,boats or other personal recreation vehicles shall
be stored on the site unless provided for in a separate,designated and screened area.
Applicant shall comply with this requirement.
6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to
All Districts", of this title.See anakysis in staff'report below.
7. Developments with twenty (20) units or more shall provide the following:
a. A property management office.
b. A maintenance storage area.
c. A central mailbox location(including provisions for parcel mail) that provide safe
pedestrian and/or vehicular access.
d. A directory and map of the development at an entrance or convenient location for those
entering the development. (Ord. 18-1773,4-24-2018)
Applicant is proposing 111 units so this requirement is not applicable to this development.
The site plan submitted with the Certificate of'Zoning Compliance application shall depict
these items.
C. Common Open Space Design Requirements:
1. A minimum area of outdoor common open space shall be provided as follows:
a. One hundred fifty(150) square feet for each unit containing five hundred(500)
or less square feet of 1 iving area.
b. Two hundred fifty(250)square feet for each unit containing more than five
hundred(500)square feet and up to one thousand two hundred(1,200)square
feet of living area.
c. Three hundred fifty(350) square feet for each unit containing more than one
thousand two hundred(1,200)square feet of living area.
2. Common open space shall be not less than four hundred(400)square feet in area,and shall
have a minimum length and width dimension of twenty feet(20'). Each wulti fi7mily unit
is proposed as greater than 1.200 square feet so 350 square,feet af'conlmon open space
per unit is needed to meet the specific use standards. The maximum common open apace
Page I 1
Page 222
Item#14.
required for the overall project is 44,415 square feet with 6.300 square f eet of that heeded
to satisfiJ the multi-farnil)�standards. Because the project is relatively small, all open
space is proposed to he shared between the single and multi family residential unils. Tire
open space shown on the sribmitted open space exhibit.shows 48,824.square feet of total
qualijied open space but does not include all areas that are gttaldh.!ing per UDC
standards. However, based on the number of units, the inaccurate amount of open space
shown still meets all required open space area. With the pedestrian facilities proposed in
this project StafJjinds it applicable,for all of'the residential units to share the common
open space proposed.
3. to phased developments,common open space shall he provided in each phase of the
development consistent with the requirements for the size and number of dwelling units.
This project is proposed to be developed in one(1)phase.
4. Unless otherwise approved through the conditional use process, common open space areas
shall not be adjacent to collector or arterial streets unless separated from the street by a
berm or constructed barrier at least four feet(4')in height,with breaks in the berm or
barrier to allow for pedestrian access.(Ord. 09-1394,3-3-2009,eff. retroactive to 2-4-
2009). The bifftrs along Linder and Ustick Roads are not included in the open space
exhibit calculations at all.so this area taus not part gf'the area shown to satisfi,the
common open spare requiretnentfor the multi ffindIv units.
D. Site Development Amenities:
1. All multi-family developments shall provide for quality of life,open space and recreation
amenities to meet the particular needs of the residents as follows:
a. Quality of life:
(1) Clubhouse.
(2) Fitness facilities.
(3) Enclosed bike storage.
(4) Public art such as a statue.
b. Open space:
(l)Open grassy area of at least fifty by one hundred feet(50 x 100) in size.
(2) Community garden.
(3) Ponds or water features.
(4) Plaza.
c. Recreation:
(1) Pool.
(2) Walking trails.
(3)Children's play structures.
(4)Sports courts.
2. The number of amenities shall depend on the size of multi-family development as follows:
a. For multi family developments with less than twenty(20) units,two (2)amenities shall
he provided from two(2)separate categories.
Page 12
Page 223
Item#14.
b. For multi-family development between twenty(20)and seventy-five(75)units,three
(3)amenities shall be provided, with one from each category.
c. For multi-family development with seventy-five (75) units or more, four(4)amenities
shall be provided,with at least one from each category-.
d. For multi-family developments with more than one hundred(100)units.the decision-
making body shall require additional amenities commensurate to the size of the
proposed development.
3. The decision-making body shall be authorized to consider other improvements in addition to
those provided under this subsection ❑, provided that these improvements provide a similar
level of amenity. (Ord.05-1 170, 8-30-2005,eff.9-15-2005)
Based on 18 proposed units, a mixinium of No(2)amenities are required The Applicant is
proposing a shared plaza and public art from two categories to satisfy this requirement.
F. Landscaping Requirements:
1. Development shall meet the minimum landscaping requirements in accord with
chapter 3, "Regulations Applying to All District,,;", of this title.
2.All street facing elevations shall have landscaping along their foundation.The
foundation landscaping shall meet the following minimum standards:
a.The landscaped area shall be at least three feet(T)wide.
b. For every three(3) linear feet of foundation,an evergreen shrub having a minimum
mature height of twenty-four inches (24")shall be planted.
c.Ground cover plants shall be planted in the remainder of the landscaped area.
The landscape plans provided appear to show compliance with these landscape requirements and
will also be verified at the time of CZCsub►nittal(see Exhibit V11.D).
G. Access(UDC 11-3A-3, 11-3H--4.)&Private Streets (UDC 11-3F-4):
Access from the adjacent arterials(N. Linder Road and W. Ustick Road) is proposed via one 25-
foot wide driveway connection to each arterial street. The driveway to Ustick Road shall be
restricted to right-in/right-out,per ACHD, and passes through the multi-family portion of the
project where it connects to the parking drive aisle for the multi-family units and then connects to
the proposed private street. The driveway access to Linder Road is a temporary full access and is
located approximately 360 feet south of the Linder/Ustick intersection.ACHD has approved both
of these arterial access points through analysis of driveway analyses made by the Applicant's
traffic engineer. No Traffic Impact Study(TIS)was required because less than 100 residential
units are proposed.
The other public access points to the site are proposed via extending a public local street through
the site, N. Zion Park Avenue is being extended front the south property boundary and W.
Pebblestone Drive is being extended from the east property boundary in the northeast corner of
the site. The proposed local street is shown as 32 feet wide with 5.5-foot wide attached sidewalk
within 47 feet of right-of-way. This does not meet ACHD.standards.so the Applicant ivill he
required to revise the plot to show the public road as 33 feet wide with 5-foot ride attached
sidewalk. This revision can be easi1v made as the Applicant is providing the correct amount of
right-of-way; no revisions to the plat are needed to make this correction.
A private street is proposed through the west portion of the site for vehicular access to same of
the residential units. The proposed private street and local street are functioning as alleys for a
Page 13
Page 224
Item#14.
majority of the proposed residential units as the main entrance to each home is located opposite of
the garage access. As discussed in section V.E above,the private street meets UDC 1 1-3F-4
standards by being proposed as at least 26 feet wide.
As noted,the Applicant is proposing three(3)detached homes in the southeast corner of the site.
These three lots take access from a common drive off of the local street extension, N.Zion Park
Avenue. The proposal for the number of units and access complies with code requirements.
In general, and consistent with ACHD analysis and approvals,Staff supports the proposed
road layout and arterial access points because the proposal offers appropriate site circulation
while also providing avenues to minitni a cut-through traffic to the east and south through
driveway connections to Linder and Ustick Roads.
H. Parking(UDC 11-3Q:
Off-street parking is required to be provided in accord with the standards listed in. UDC Table I I-
3C-6 for multi-family and single-family dwellings based on the number of bedrooms per unit,
Based on the proposal of 18 3-bedroom apartment units, 36 parking spaces total are required to be
provided—one space per unit must be covered,per UDC standards. The submitted site plan
shows 44 total parking spaces for the multi-family portion of the site. Each 2-simy omit that
enters on the first level is proposed with a two-car garage. The 2-sior t,units that enter on the
third level appear utilize the surface spaces but crone of these spaces are shown to he covered.
Therefore, the submitted.site plan does not show compliance with code requirements. The
Applicant should remise the site plan to show at least nine(9) covered spaces,for-the upper level
units to satigb,,this requirement. If'this is not desired, the Applicant can provide a single-cat-
garage space an the first level for each proposed unit.
NOTE: Staff'i.s recommending a loss of two units along the eust.side of the building. This
recommended change would reduce the parking requirement by 4 total.spaces, two covered and
two uncovered. However, due to the overall issues with insufficient parkingfor multi-family
protects, Staff'doev not recommend a reduction in parking.
The single-family portion of the site consists of 43 homes but the bedroom count of each is not
known at this time. However,each home is shown with a two-car garage and a 20' x 22' parking
pad that allows for a 4-bedroom home,per UDC standards.In addition, the subinilted site plan
shows 35 additional of f=street pricking spaces around the private.street portion of the.site trteant
far guest parkingfar the single family homes. The proposed 33 foot wide local street also allows
on-street parking where no driveways exist. Staff supports the proposed amount of parking for
the single-family portion o f the project because it e-rceeds UDC inininarttrr requirements.
The commercial area proposed in the northwest corner of the site is shown with two buildings
totaling approximately 12,000 square feet requiring at least 24 parking spaces based on the
nonresidential parking ratio of 1 space for every 500 square feet of commercial gross floor area.
According to the submitted site plan, 25 parking spaces are being proposed. Each space appears
to tneet the mininnarn dimensional,standards of'9'x 19'as well. Complete analysis of the
proposed cornrraercial area will take place with the first CZC application for the conarnercial site.
Initial analysis shows compliance with all UDC dimensional standards except for how the drive
aisle along the north and east of the commercial site functions. The drive aisle along the north
boundary al-the site is shown as 12feet wide which implies a one-way drive aisle and it leads to
the drive aisle along the east hotinda)y of the site that is shown as approximately 26 feet wide
which implies two-wav lraffrc. There does not appear-to be a need for the eastern drive aisle to
allow ttvo-war trrrfc if'the north drive aisle is a one-way exit in this area.
Page I4
Page 225
Item#14.
The commercial area depicted on the site plait is conceptual in nature so f uture submittals and
proposed uses will dictate more detail in the suhinitted plans.At this point, Staff i.s not
recommending any specific revisions to the commercial area ofthe site jar the reasons noted.
I. Pathways (UDC 11-3A-8):
A IQ-foot wide multi-use pathway is required along the Creason Lateral in the southwest corner
of the property. This pathway is slated to connect to the existing arterial sidewalk along Linder
Road and to future improvements to the south for a more complete regional pathway network.
The Applicani is proposing the multi-arse pathwa-v in air appropriate location but its connection to
the southern boundwy�does not appear to match with location of'the regional pathway segment
approved with Creason Creek No. 2 directly to the south. Upon review of the rnodi�jied landscape
plans.1br that plat, it appears the Applicant should shiji the regional pathway stub to the west to
be closer 10 the Creason Lateral. Final approval gfthe pathway connections will be verified I,t,
the Park-'s Department and our pathways coordinator.In the interim, Staf]"is recommending the
Applicant show this shiji of the regional pathivgv prior to the Council hearing to better match
adjacent approvals to the south.
In addition to the proposed regional pathway°segment, the proposed sidewalks in this project are
essentially►nicropathways that connect throughout the entire development and traverse through
every open space area as well. They offer•increased pedestrian connection and provide far the
inclusion of a majority alleys loaded residential aunts. The proposed pedestrian facilities offer
connectivity to and from nearby subdivisions as well as safe access to all amenities and the
commercial area in the northwest corner of the project.
J. Sidewalks(UDC 11-3A-17):
Attached sidewalks at least 5 feet wide are proposed along the proposed local street extension,in
accord with the standards listed in UDC 1 1-3A-17, Other sidewalks are proposed throughout the
rest of the site for added pedestrian connectivity,as discussed throughout this report.
The sidewalks in this development create connections throughout the entire project including to
and f onn the commercial portion of the site. The proposed large open space area and regional
Pathway in the southwest corner of the development are also easily accessible because of'these
sidewalks. The sidewalks along N. Linder Road and W, Ustick Road are existing; the Applicant is
required to maintain andlor repair any af'this sidewalk that is disturbed during construction. As
stated above,Staff supports the sidewalk and pedestrian circulation element of this project.
In consideration ofpedestrian safetp as well as tra�jrc calming.for the site, 5trxfj is recommending
that all pedestrian crossings that cross the private street and an v drive aisle be constr ueled with
brick pavers, stamped concrete, or equal, as outlined in UDC 11-3A-19B.4.b.
K. Landscaping(UDC 11-3B):
A 25-foot wide street buffer is required adjacent to N. Linder Road and W. Ustick Road,arterial
streets,and to be landscaped per the standards listed in UDC 1I-3B-7C. A 25-foot wide easement
is depicted on the plat adjacent to both arterials starting at the back of the existing attached
sidewalk along each arterial,meeting the UDC requirements for the minimum width.
UDC I1-3B-7C.2 dictates that required lrtirdreape brrfJLrs for residential subdivisions shall be
located an common lots and owned and maintained ky a homeowner's association. The
Applicant's proposal to include this required bat/ter in an easement does not eoirrply with this
code section. Therefore, the Applicant should revise the plat to show the required arterial
landscape buffers adjacent to the residential portions of the project within a common lot at
least 25 feet in width. The required landscape buffer adjacent to the commercial site can
remain in an easement per this code section.
Page 15
Page 226
Item#14.
In addition, an area of the Creason Lateral and Kellogg Drain irrigation easements underlay a
large portion❑f the landscape be fer along Linder Road that is currently shown with trees. Staff
anticipates the applicable irrigation district will not allow trees ivithirr their easements so the
landscape plans should be revised to show the removal qf trees fr-oni the easement area.
Furthermore, code requires that if'a required landscape buffer is encumbered by easements, at
least 5 feet of landscaping be proposed outside of'the easement area to include the required
number of trees. Because of the extensive impediment there two irrigation facilities create its
this area of the site,Staff does not find it feasible to comply with this code requirement in its
fullest extent as it would require half of the site to shr ft to the east reducing the ividth o f the
mew in the center of'the development. Stafffinds the trees that are allowed outside of fire
easement area, the placement of the access point to Litrder,and the separation of the
townhome units front Linder offer appropriate and adequate landscaping and buffering.
However,to fornmlke this finding and comply with code, the Applicant should apply for
Alternative Compliance with the first final plat application.
Landscaping is required along all pathways(including micro-pathways) in accord with the
standards listed in UDC 11-36-12C. The total lineal feet of all pathways with the required and
proposed number of trees is included on the first sheet of the submitted landscape plans.
According to the submitted landscape plans, the proposed regional pathway in the southwest
corner of the.site iv also within the Kellogg Drain irrigation easement which generally does not
allow trees and minimal landscaping. The submitted landscape plans show no trees proposed
within this easement.
Common open space is required to be landscaped in accord with the standards listed in UDC H-
3G-3E.The total square footage of common open space and the required number of trees to
demonstrate compliance with UDC standards is included in the Landscape Calculations table and
shows compliance with code requirements.
The proposed C-C zoning district requires a 25-foot landscape buffer to any residential district.
According to the submitted plans, a 20-foot bu fer is proposed to be shared over the corninercial
property boundary— 10 ftet on the eontniercial proper• v and Ill feet on the residential side. It
appears the additional required 5 feet of area can be easily accommodated and will not require
any revision to the placement of buildings. In addition, in order to allow the c:ominercial site it)be
►nore viable and the fact the proposed development is planned together, Staff approves of'the
proposal to share the width of-the 25-faot landscape buffer across the shared properh?line.
L. Waterways(UDC 11-3A-0;
As noted throughout the report,the subject site has two waterways subject to review-the
Kellogg Drain and the Creason Lateral. UDC 11-3A-6 dictates these waterways be piped.
So, the Applicant is proposing to pipe both ivaterwgys to help with the usable area of the site. The
Applicant is also proposing to reroute the Kellogg Drain because ids easement would greatIv
encumber the site if left in its current position. The Applicant is proposing to move it closer to the
.southern property boundary and underneath a segment of'the public road and private street; it is
then proposed to move north and connect to the existing section of the drain that is piped and
currently passes wider Linder Road. Staff suppon•ts the proposal to pipe and vegetate these
waterways.
In addition, a majority of the site contains floodplain which will require specific permits and
building requirements. Public Works and Land Development will be the departments to handle
these reviews as final platting and building permits are submitted,
Page 16
Page 227
Item#14.
A portion of one of the building lots(Lot 2, Black 1) is shown on the prelindnary plat and site
playa within the,lloodplain area. The huilding footprint is not so this technically complies with
Ch),and floodplain standards, However, to ensure the future homeowner has the easiest access
to use their property, Staff reconnnsends this 6-unit lownhome building be shifted to the north to
get as much of the building lot out of the floodphtin as possible. There is adequate room on the
north side of'this Building for this to occur without anY other changes to the development.
M. Qualified Open Space (UDC 11-3G):
A minimum of 10%qualified open space meeting the standards listed in UDC 11-3G-3B is
required for the single-family portion of the site. Analysis on the:open space area required and
proposed for the multi-family portion of the site is above in Section V.F. Based on the proposed
plat of 8,75 acres, a minimum of 0.88 acres of qualified common open space should be provided
to satisfy this requirement.
The Applicant has revised Ilse open space exhibit per Staffs request to depict the qualified
areas and accurately note the amount of qualified open spare for the project According to the
revised exhibit, the Applicant is proposing 1.64 acres of qualified open space,approximately
18.7%. The majorhy of the qualified open space casuists of the large open space area in the
southwest corner of'the site,the large central spew,and half'of the required arterial street
buffers. This area exceeds the minimum UDC requirements.
Stuff finds the proposed open space is adequate in amount and placement to Satisfy all code
requirements.
N. Qualified Site Amenities(UDC 11-3G):
Based on the area of the proposed plat(8.75 acres),a minimum of one(1)qualified site amenity
is required to be provided per the standards listed in UDC 11-3G-3C.
The applicant proposes two(2)qualified amenities to satisfy the requirements in this section of
the UDC, a 10-foot multi-use pathway segment and a children's play structure.The proposed
amenities meet the minimum UDC standards.
Q. Fencing(UDC 11-3A-6, I1-3.4-7):
All fencing is required to comply with the standards listed in UDC l 1-3A-7. Fencing is proposed
as shown on the landscape plan and appears to meet UDC standards.
P. Building Elevations (UDC 11-3;1-19 1.4rchitecturul Standards Mariam_}:
As discussed in the comprehensive plan policies analysis, Staff believes the submitted elevations
meet the required Architectural Standards.The applicant has not submitted a concurrent design
review application for the attached residential buildings. With the final plat application,the
Applicant should also submit an Administrative Design Review(DES)application for these units.
The Applicant also submitted conceptual elevations for the commercial buildings, These
elevations show multiple field materials of brick, concrete wainscot, and lap siding with roof
parapet variations and wall modulation—in all, the conceptual elevations appear to also meet the
ASM. A separate DES will be required for the Commercial portion of the development with
future CZC submittals to verify ASM compliance.
V1. DECISION
A. Staff':
Staff recommends approval of the requested annexation and zoning with the requirement of a
Development Agreement and approval of the requested conditional use permit and preliminary
Page 17
Page 228
Item#14.
plat applications per the Findings in Section IX of this staff report. The Director approved the
private street application.
B. The Meridian Planning&Zoning Commission heard these items on December 2. 2021 and
January 20,2022._At_the January 20th public bearing,the Commission moved to recommend
approval of the subject Annexation and Zoning,Prelitnina!yPlat.and Conditional Use Permit
requests.
1. Summary of Commission public hearing`
a. In favor: Andrew Wheeler,Applicant Representative: Patrick Reams, Owner
Representative, Carissa Sindon,descendant of the Owners.
b. In opposition: Caryn Bitler,neighbor; Pamela Stinette,neighbor; Olena Santana,
neighbor; Shelby Shanaber .er.neighbor;John Biller,neighbor-, Pamela Stinnett
nei Jig bor;
C. Commenting: Andrew Wheeler; Caryn Bitter; Pamela Stinette;Olena Santana; Shelby
Shanaberger: John Bitler; Patrick Reams; Carissa Sindon_ Pamela Stinnett.
d. Written_testimony: Caryn and Jahn Bitler(13_pieces of testimony); Helen and Eder
Santana; --L. Staff presenting application: Joseph Dodson,Associate Planner
f Other Staff commenting on application: Kurt Starman,Deputy City Attorney
2. Key issue(s)of public testimony
a. Concern over proposal to include multi-fatuity dwellings,
b. Concern with height disparity across property to existing homes in Creason Creek and a
loss of lriyacy:
a. General desire to construct the property with detached single-family homes one;
d. Concerns with general increase of traffic in the vicinity with additional homes/units;
e. Desire to relay how difficult the site is to develop with two major irrigation facilities
bisecting the property and has floodzone throughout the entire property:
f. Appreciation of proposed design considering history of property and difticul.ty of
developing this.
I Ivey issue(j)-of discussion by Commission:
a. Location of proposed multi-family in relation to existing single-family to the east and
the proposed commercial—could the commercial and multi-family be switched;
b. Height of the multi-family being 4-story and at the maximum 40' mark;general desire
for this to be reduced as it does not match anything along the Ustick corridor,
c, How will the garages for the multi-family be utilized for parking instead of storage;
d. Location of the Dog Park in relation to the other open space and existing homes to the
cast—could it be moved;
e. What kind of commercial is the target for the proposed pad sites;
f. Staffs recommended{and agreed to by Applicant)changes for the homes along the east
boundary to be front-loaded to have abutting backyards along the east boundary;
g. Concern with viability of Commercial with no direct access due to prnxirnity to the hard
comer of Linder and Ustick;
h. General agreement that the proposed changes to the site plan and multi-family are a
benefit to the project:
i. Still concern with proposed attached units along east boundary instead of detached
single-family;
4. Commission changes)to Staff recommendation:
a. Commission recommended changes to the staff report consistent with Staff s memo
prior to the January 20"'meeting_
5. Outstanding issue(s) for City Council:
a. None
Page 18
Page 229
Item#14.
C The Meridian Citv Council heard thes�e_m_s_o_n_Fgbr ary 22,2022, At the public hearin t_
CQuncilmond >-and Conditional
Use Permit requests.
1_, �utmrrtarxti>`tlieCit�C4aincil.t�ublic.lte�rin�:
P. Inlay_or-,Audrcw_dNe*r,Applicant 9mmem e: Carissa_5indon.dcsrcr g
previous owners.
!v- C_c�7 mcntizm Carissa Sindon: C�Bitler;.Matt be.
d_ Written testimony: -.ee public record fQ_r_m�P-le entries frQw s. Caren gitler
Stafl�axenting a �li�t�9nultDsaort.AeiatePlaner —
f. [other Sta f c am etating_Qn_qp RlicatiQn -At� xney
2. key issue(sl of public to doily_
a. A"tismalAmf fw_p_=rAted_by.Uroiect but sn_ _ecific"y and raaL=-thm- .Ab
traffic for existing residential to E�east:
b= Support for the project asalogicai redevelonmcnt of former agricultural land_d-m-ke tlig
QveralLchanging characte-af Meridian to_amore urbancommnity:
e Reciting of previous concerns stated at the Commission hearing-see above for
- -C minission recap_and�se-comment �- -- -- �A-
I ��nu cnuion 1a City_COuncil:
O, Project being more closelyalianed-with Mixed-Use Nei gl borhood than Mixed-Use
Community-and-whether-site should.bz reined-use stall; - - — -
� I�the bu�'e>'4�tweentlae prrc�pQs�d xnult�f�ulx and�c e.�,�tin�esi nc�t e e
sufficient
$ �culint�l�hiAd ] er access b�isiign_ated asasn�Qrary full access by
ACHD
h�ul�a�re fr4*mLtQ L er}�furffi_u_restri_qtqdd_tthm what ACHD is allowing at this
timc.becaun oaf f4rescmbW Iraf k esutflicta_inthe f=rc;
tL Anticipated timing of the commercial component-aft e pro.e��ct�specifically in relation
to thr,r identiaLgamno i n
l yiab>Sir�fmmer�iaL►xi �r� �acs and what are thxectex�ntslaa
because of this;
& is wicaL arlidga�r-to- e deyeIoned�b i rJ ans�own r s mla _y gr
in oncems reZardingperpetuaLmaintm"ce_QfA=d eQmmQn- as-i-f ownership
varies across the site:
L Williris_Qf Applicant to do den �scani�eetn�tl i�rs�lr�buildin end
emmr-Op rty home—dw
4. City Council change(s)to Commission recommendation:
a Asld-proyisiQn-tQronstru=utbing on.the subigQt-site,,adjaceillAZACHD=iigh-tof-way,
within the pwPosed Linder access curb cut to discourage any]eft-in or le$-out traffic
movement
Air.Q�i ion-ihat�he nd in >ae eenthe-m�al�ti-farmly�ndthemist resdential
and the landscaping between the C--C_and R-I5 zoning district behind the proposed
sommercia]-bOdi_ngue_comtructed with-denser lapdscapiniihatAQuch-es-atmaliLriV
white matureJ=Qs-at-the-ti=-of inMIWim.
Page 19
Page 230
Item#14.
VII. EXHIBITS
A. Annexation and Zoning Legal Descriptions and Exhibit Maps
FOX Vw
LAND SURVEYS engineering
Lennon Pointe
Annexation
Legal Description
A parcel of land situate in the North 112 of the West 112 of Government Lot 4 in Section 1,township 3
North,Range I West Boise Meridian,City of Meridian,Ada County,Idaho,and more particularly
described os follows:
BEGINNING at the northwest corner of Section 1,from which the west one-quarter corner hears,South
00°01'03"East,2699.19 feet,thence along the northerly line of Government Lot 4,South 88'43'02"
East,665.57 feet;
Thence along the westerly boundary of the Creason Creek Subdivision No.I recorded in Book 112 of
Plats at Pages 16486-16488,South 00°02'45"West,680.06 feet to the northerly boundary of the
Creason Creek Subdivision No.2 recorded in Book 119 of Plats at Pages 19301-18303;
Thence along said northerly boundary,North 88°59'01"West,664.76 feet to westerly fine of
Government Lot 4;
Thence North 00°01'03"West,683.16 feet to the POINT OF BEGINNING.
Containing 10.41 acres,more or less
END OF DESCRIPTION
Prepared by:
Ronald M.Hodge,PLS
Survey Department Manager
s
RMH:tk %
8575
�O �Tf Of pop Vi"
.41 0 µ, �z
680 S.Progress Ave.,Suite 92B•Meridian,Idaho 83642•Tel:208-342-7957•Web:hmh-Ilc.com
Equal Opportunity Employer
Page 20
Page 231
Item#14.
EXHIBIT F
W. Ustick Rd, SUIR*YMAP
35 36 S88043'02"E 665.571
2 — ` -- - —
Pont of Beginning
ANNEXATION
�—C
'0
Z
[Q hD in
17
o
co C14
o
00 0
of
to
[V
i�
0
a
a
v
664,76'
NW59'01"W
�6 r�
lr
,�, n 8575
0 100 200
BCD M. Ha
Scale in Feet NOTE:THIS DRAWING IS A VISUAL REFERENCE ONLY.
O`N4 SCAI.E'I--IW DATE:Oa SMI LENNON POINTE REZONE-ANNE%A'IMN HMH
DR.TLK ADA COUNTY,IDAHO
SV.RMH cif•111 G$024008 SECT,T.3N,R.1W,B.M. eng
Page 21
Page 232
Item#14.
SOX HMH
WO LAND SURVEYS engineering
Lennon Pointe Rezone
(C-C) Community Commercial
Legal Description
A parcel of land situate in the North 112 of the West 112 of Government Lot 4 in Section 1, Township 3
North, Range 1 West,Boise Meridian,City of Meridian,Ado County,Idaho,and more particularly
described as follows:
BEGINNING at the northwest corner of 5ection 1,from which the west one-quarter corner bears,South
00°01'03" East,2699.19 feet,thence along the northerly line of Government Lot 4,South 88"43'02"
East,356.54 feet;
Thence South 01°16'58"West,255.14 feet;
Thence South 89°58'57"West,350.66 feet to westerly line of Government Lot 4;
Thence North 00"01'03"West,263.17 feet to the POINT OF BEGINNING.
Containing 2.10 acres,more or less
END OF DESCRIPTION
Prepared by:
Ronald M. Hodge,PL5
Survey Department Manager
ST[ � s
8575
r oY z7..2�a
OF
RMH:[K
680 S.Progress Ave.,Suite#213• Meridian,Idaho 83642•Tel:208-342-7957•web:hmh-Ilc.cam
Equal Opportunity Employer
Page 22
Page 233
Item#14.
FOX
LAND SURVEYS engineering
Lennon Pointe
R-15 Rezone
Legal Description
A parcel of land situate in the North 112 of the West I12 of Government tot 4 in Section 1,Township 3
North,Range I West,Boise Meridian,City of Meridian,Ada County,Idaho,and more particularly
described as follows:
COMMENCING at the northwest corner of Section 1,from which the west one-quarter corner bears,
South 00"01'03"East,2699.19 feet,thence along the northerly line of Government Lot 4,South
88'43'02"East,356.54 feet to the POINT OF BEGINNING;
Thence continuing along the northerly line of Government Lot 4,South 8S"43'02"East,309.03 feet;
Thence along the westerly boundary of the Creason Creek Subdivision No.1 recorded in Book 112 of
Plats at Pages 16486-16489,South 00°02'45"West,680.06 feet to the northerly boundary of the
Creason Creek Subdivision No.2 recorded in Back 119 of Plats at Pages 18301-18303;
Thence along said northerly heundary,North 88°59'01"West,664.76feet to westerly line of
Government Lot 4;
Thence along said westerly Iine,North 00'01'03"West,420.00 feet;
Thence North 89°58'57"East,350.66 feet;
Thence North 01°16'58"East,25S.14 feet to the POINT DF BEGINNING.
Containing 8.30 acres,more or less
END OF DESCRIPTION
P L
Prepared by: �sr
Ronald M.Hodge,PLS 4 %
Survey Department Manager a 85]
'P 09 ZZ-7
�o t d r
RMti tk 'rA D M.
680 S.Progress Ave.,Suite 928■ Meridian,Idaho 83542■Tel:208-342-7957■Web:hrnh-llc.com
Equal Opportunity Employer
Page 23
Page 234
Item#14.
B. Preliminary Plat (dated: 'n'Tom^ 2021 January 18,2022)
_YTJ OmYr Y+'3L�
V0IS A1IC,1y;f�M 1r N` 1
� a 79'Id 3ynJ.�3Lr+�`JY d�Ok6J 00 }
F I I a I
� �� I reilAwmw
Ind"� �fi� �i •I. -1_ Ie I �} � I �� .,,� �,I)l l�)i —
,�
—� 1 �•� ..gyms ::,. I Iri J a
-i •��': i7 3A l+Nvl+d
'-
!� � 1 fri � �! -• - ..i I
1 -40
P+b�� I ��^• i 1 IIi i III !
!�S'
1I3'°;l;c�€IIS�' I�`=I
-I Ill l0
Ii
�a l------------------
—
y0 .ilw Kawa �a
Page 24
Page 235
C. C)oeu Space Exhibit (
Vn I k5
F.
IM
LLI
OL
------ Page 25
Item#14.
D. Landscape Plans (date! 911 12 NOT APPROVED(requires revision prior to Final Plat)
Nr LLVr]1�ddy iN3pV3�1LLH3
' "war
31NIOd NONN31
- �-�' �97d�tiM1k�,UH�11V dnad994
it .1 ;!-
l.
4
� �g'•s:�%-d�)f9F Oi
:31 Il i , t z;= ;
F � =I
� 3 � `�'� -� f�-fir. � I � •`5�
`i { 4 1
,i_ it - _���..�.,,� u��Y{•,•�.'—� :� - .
--------- — — - C3VOH11RONIl N o -
Page 26
Page 237
Item#14.
N.LINUEIi HOAD
0 L �.. E; .v. I- h
m J
r,
-� 79=
..
v
p b 1—
a�
= sI
IP
ON
Ilk
pg
...... .. ....... E s
rnaC.l IXiR�OUP AR0141TECTUF E PLLC >c}^1 3
l ENNON POINTS _ °�a fef •� {'; I
ENTTTLEWWT FPPLICAT'OR
Page 27
Page 238
Item#14.
wlr- ems+i•T -
1 Q r• - i
n
-4 f
b 4 9 • r ,.I• G.• II
� I I
I 0;
tg F� iF _1
1
CC i
4 4'
l�, kjs c �•
DQ(M.WP AF{CI+rCTuArf PL LC I, +
M1 LENNON POINTS
B4rTRLXW-NT APPLICATION
Page 28
Page 239
Item#14.
_--4'..:_
W-,d,
a t $
01
kk
- -
m -x - --
r
ALL
+ OG GROUP ARGHi TEG URE PLLG
LENNCN PflINTE
tW-rnVMr?JV APPLI ATION -
Page 29
Page 240
Item#14.
v •— _�a` N.L{NDER ROAD
le s ;
Nei-
Wild'Q
l'Ilk�91
isF}y3� � 11rseili 1. { 1�i
SI ][
'F�b J7
iiifFFFjiii;1111{4 � I ....w�
r*pRouR McHrrEz TUFtr PI i.c Sf
�iiili �� '•,r ,
LENNON POINTE --
eV=fNEWAPPLrcAT1DN
Page 30
Page 241
Item#14.
E. Site Plan(Revised January 2022)
LOT
tnr+aan
mr.LW
tmca�r
1 .uwlr
M��Wlll _ ''s � N �L4gpMR
�q U`[f � �.
� 1F1!l uNl
- � I -1 !,1!�i!�4 71!1 d l i 7t!�1 •4 !� m
SITE _ i'1 51,619SF 1.1B 0
1 I
fa -
__ o
iow�lmuW Ow
,Vwp m1frFOA Fj to
--- v
o
�.� _
s .r v�rr.mic
'iw�cr�e•rrao� -- _
cr+iwmr•urre�ti
"`�' wnrinw
�wa�x Enncr�
W x-rW!{M�7ntrW
� a�fxvlAy uPN6+�oM�p �
7
(�N E PLAN LL
I i
Page 31
Page 242
Item#14.
LOTCOVEMOU
�kf roo...sn
W VI�1'IaLN
rucguu�a[.rw
*rn..vn
w.iarin.orw*c�
MUV W�M Lbriti
SITE B
-mwsc.wr
SITE A 51.619 5F 1.118 AC
679 SF 1.4 •��_
r� J .d7 ACIf
41
SITE
I l
rernw .�
v isrwrt + 0 3
.crvn rt.Kan I .I - .i!i•� - -t
Ll` i.= Yr ___ PRO
'I +"5'" fir• - 1= E '°r -= J LOG
Y.
i. rwc" I �• r raw•.r..
c�
!F ¢ 9m 1 � rwwuan� i
w L v.�ew.r naa ��kn�nv I 1
w ~•y� n.,r.rmw.,norw
w I inrcvrr.om�wn[wynsr
a
LL my r I
SIT PLAN
Page 32
Page 243
Item#14.
F. Public Works—Water Markup
ssM+l
W ::ST C:;PG Nv IN +ai'•.
.--1 -. .— — _ _ - 'T INV.OUT
;I it ~BBMH C SSMH
MH
4SS.%'&m.az RIM:2770.6Y
I••� INV
N'• ",''�INV.IN. INV.IN em .
I INV OUT - !••� INV IN
INV OUT'— —
4 T i
�~ LGC-1•.. — m 1 --• RI M:,2 7.9t' q RIML 2677 L7'INV IN- NV- .
INS!O1fT �.tl V r W.V.OUT:
k - .�
- ;�., nie r-•...pia ,'�.- -- S
I- .f/!Sr d£SMI+. '.••. .�,k I s. M�-._...�—,� I Is
r
wfgpE6HF.Ar'_
aSLIH
INV. }
:� Vx =•._�__—_.... � IHV O.OUT
l ,\, F I I fCIM2NB 5Tk I �'�'`+ Jr �2589es 1I
INV.M l �� INV 1H ISV�A .
' 4 1' jy .w„ M.c{ I7' I
i INV.INN IN
• ', ` INV.OUT
RIM:2d6B.6QNV.OUT!
` .....
4.
r � '
unLITY PLAN
scue r•av
Page 33
Page 244
G. Conceptual Building Elevations and Site Renderings(Revised JanuaU 2022)
-----
_
_
J,flit ji
lid It
PP
_.. .,
�
| . ' �Map
INN
Iry
Page 34
Item#14.
• '+ li S•"i f i1 i; 1 I i' 1 il'n I r IT 1'•
04
LLI
�k's54i
]
f A5.2 I
LJ�7
_•_I' W W—I_,r
_ — — ` rfr —-ter.w •—. x'�e n ? 3Y,
fl-
L tv
-A&M.
Page 35
Page 246
Item#14.
q�iE it
11 N —
im
kilyll , uj
—lid
Q
a
w
x
A6.2B
-k y Y Y
cm' 19 c83 ii
— — w r
-H O
Z
2 _
W
rl7.2
Page 35
Page 247
Item#14.
I
�M9YLT
f
� 4
HI
-1w bird
I• I l 1 1.1
S
w }
a
w �
AM
t
r► V { +
Fri, �?�r= I „ ! r►r IL C r
1
. V
Page 37
Page 248
.�.. •
pr
AMW
z
_,ram i. s „ � —v''��. }� �.-'� •
- � �^� 'ram ■ � �s. terr" .. L -� _ - ��r -
a�
r�
a
�d
Item#14.
ry
_ u■a 'k,�F. yi":i t .f"+r� ee rr �iP�
■ f■ re � tit ru ru� rrr.�
Mow. IMMININIMNIM
Page 40
Page 251
Item#14.
Vill. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
l. A Development Agreement (DA) is required as a provision of annexation of this property.
Prior to approval of the annexation ordinance,a DA shall be entered into between the City of
Meridian,the property owner(s)at the time of annexation ordinance adoption, and the
developer.
Currently,a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
Planning Division within six(6)months of the City Council granting the annexation. The DA
shall, at minimum, incorporate the following provisions:
a. Future development of this site shall be generally consistent with the approved
plat,site plan, landscape plan, open space exhibit, and conceptual building
elevations included in Section V1I and the provisions contained herein.
b. The 10-foot multi-use pathway along the Kellogg Drain and Creason Lateral in
the southwest quadrant of the site shall be constructed with Phase I of the
development.
c. The existing county residential access onto W. []stick Road shall be closed
upon development of the subject site, the only approved accesses to the
adjacent arterials are those shown on the site plan.
d. All pedestrian crossings within the private street and drive aisle portions of the
site shall be constructed with brick.pavers, stamped concrete, or equal to
clearly delineate pedestrian facilities.
e. The required landscape street buffers shall be constructed and vegetated along
the entire perimeter(along N. Linder Road and W. Llstick Road)with the: first
phase of development.
f. No more than 44 18 multi-family units are approved with the Lennon Pointe
Community development the r,,,n4 t., Un itr 00584 to the o St pf ef4 j
l,.-.undaty and Gr-easo Creel'Subdivision are limited to two ate„-.,units in
g. If cross-access is proposed_between the commercial lot and the 5-unit
townhomes,the Applicant shall submit_a recorded cross-access agreement to
the Planning Division at the time of Final Plat Signature to ensure perpetual
cross-access between the private street in the residential portion of the project
and the commercial drive aisle.
h. A_ alira> thall onstruct t e fQllowin land reap&d areas with trees that touch
aLlnaturii�r,[zees at.le �t 3"in_saliper_ttt tUe tim�.�f�al�ntin au-dinSWILMom
pants to have at least 70%ground cover at plant m t ri n c hu
>� �� lte_propos�d�Qmrtaer�ial. uildintti_and the single famziy_ i ial.to
a"muthm d_tbe landwape areaa rtheast w=r Qfthe th_Q
multi-family building and the east property boundary(Lot 31 Block 1).
i. With-the fnt-phan Qf dey_elgp-!ne�t`tLbe_ lic-ant-sbal-l-co-n-stnEt raised
curbing or similar within the Linder Road access adjacent to ACH_D right-oF
WaY_W_di5eoura a an _kft-Jnm1&-_o af&r�s. Appl icant Shall d i t
Page 41
Page 252
Item#14.
thiscurbing on the civil drawings and landscape plans with the first final plat
mittal: coordinate with ACHD as ne_cessarv�
2. The preliminary plat included in Section V11.B, _with recision date of
law au 2027. shall be revised as follows prircx-ta Final.elm_su-bMiltal at learn`en""' dajj s
„t of the R 1 czoning disc,-iet
b. Add additional common lots for the required landscape street buffers to N. Linder
Road and W. Ustick road adjacent to residential uses,per UDC 11-3B-7C.2.
c, Stamped and signed by the licensed land surveyor,
d. Add a note stating direct lot access to N. Linder Road and W. Ustick Road is
prohibited except for those access points approved by ACHD and as shown on the
approved site plan.
e. Add a common lot for the proposed common drive currently shown on Lot 13, Block
2 and add a plat note stating the purpose of the common drive and which building
lots it serves.
3. The landscape plan included in Section VII.D, dated September 1.5, 2021, shall be revised as
follows prior to submittal of the Final Plat application:
a. Revise the location of the trees for the Linder Road street buffer to be outside of any
waterway easement.
b. Shift the proposed regional pathway on Lot 1, Block l to the west to better align with
the approved segment to the south in Creason Creek No.2.
c, Show the required 25-foot landscape buffer between the C-C zoning district and the
R-I5 zoning district as required by UDC 11-3B-9C.
d. Revise the landscapcplan to match the revised preliminary_plat and site plan dated
iftnua y-2022.
4. The site plan, as shown in Exhibit V1I1,shall be revised as follows prior to Final Plat
submittal:
out of the floodway zone.
b. Move the detaehed sidewalk aE�aeefi4 4e the east side of the 6 ufiit town]
c. Show the required number of covered spaces for the proposed multi-family
residential development, per UDC Table 11-3C-6.
d. Shift the proposed regional pathway on Lot 1, Block 1 to the west to better align with
the approved segment to the south in Creason Creek No. 2.
limit of forty (4 0) fLeet for-the R 15 zoning di striet.
Page 42
Page 253
Item#14.
b. Show the loss of the iwo tm4s an flie thiFd and fourth levels of!he eastem MHI!i
6. With Final Plat application,the Applicant shall submit for Alternative Compliance to the
landscape street buffer tree requirements along N. Linder Road for that area encumbered by
the Kellogg Drain and Creason Lateral easements.
7. Future development shall be consistent with the minimum dimensional standards listed in
UDC Table 1 1-2A-7, UDC Table 11-213-3,and those listed in the specific use standards for
multi-family development, UDC 1]-4-3-27.
S. Off-street parking is required to be provided in accord with the standards listed in UDC Table
11-3C-6 for multi-family and single-family dwellings based on the number of bedrooms per
unit.
9.. The Applicant shall comply with all.ACHD conditions of approval.
10. The Applicant shall obtain Administrative Design Review(DES) for the attached single-
family and townhome units prior to building permit submittal. One DES may be utilized for
the entire single-family portion of the site.
11. The Applicant sliall obtain Certificate of Zoning Compliance(CZC)and Administrative
Design Review(DES)approval for the future commercial buildings and multi-family
structures prior to building pen-nit submittal.
12. Comply with the outdoor service and equipment area standards as set Forth in UDC 11-3A-
1?.
13, Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-
3A-I5, UDC 11-3B-6 and MCC 9-1-28.
14. 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 l 1-313-14.
15. The applicant and/or assigns shall comply with the private street standards as set forth in
UDC 11-3F-3 and l 1-3F-4.
16. The conditional use approval shall become null and void unless otherwise approved by the
City if the applicant fails to 1) commence the use,satisfy the requirements,acquire building
permits and commence construction within two years as set forth in UDC 11-513-6F.1; or 2)
obtain approval of a time extension as set forth in UDC 11-513-6F.4.
17. 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 fotlh in UDC I.1-6B-7.
18. Prior to City Engineer signature on the plat,the applicant shall submit a public access
easement for the multi-use pathway along the southern boundary of the site to the Planning
Division for approval by City Council and subsequent recordation.
19. Prior to issuance of Certificate of Occupancy on any building, the Applicant shall provide
proof of the required maintenance agreement to the Planning Division in accord with UDC
11-4-3-27—all multifamily developments shall record legally binding documents that state
the maintenance and ownership responsibilities for the management of the development,
including,but not limited to, structures,parking,common areas,and other development
features.
Page 43
Page 254
Item#14.
20. Business hours of operation within the C-C zoning district shall be limited from b am to 11
pm as set forth in UDC l 1-2B-3A.4.
21. Any drive-thru establishment use shall require Conditional Use Permit approval in accord
with UDC U 4-3-11.
B. Public Works
Site Specific Conditions of Approval
1. The geotechnical investigative report prepared by SITE Consulting, LLC indicates some very
specific construction considerations due to shallow ground water on site. The applicant shall
be responsible for the adherence of these recommendations.
2.. A portion of this project lies within the.Meridian.Floodplain and Floodway Overlay District.
Prior to any development occurring in the Overlay District a Floodplain permit application,
including hydraulic and hydrologic analysis is required to be completed and submitted to the
City and approved by the Floodplain Administrator per MCC 1 0-S—All structures in the
overlay district must be elevated to flood protection elevations.
3, A water main connection will be required to Ustick Road.
4. Current design does not follow the utility corridor. Water mains should be located north and
east of roadway center]ine.
5. A water main connection will be required to the existing stubs in North Zion Park Avenue
and West Pebblestone Drive.
b, The proposed main west of Building B should be eliminated. Townhomes can be served by
the water main east of Building B.
7. Complete the water loop by extending the proposed water main in the private road between
Building B and Building D 1 northeast to connect into the water main located south of
Building Al.
8. Minimize water main length near the commercial lot at the northwest corner of the
development. Bring the water main only as far as needed to provide a hydrant for the
buildings' fire protection. Extend service lines from the main to serve the two retails
buildings.
9. Water mains should not cross through landscaping or sidewalks.
10. Sewer service lines should not cross lots other than the lot they serve. Services in the
southeast corner do not meet this requirement and must be adjusted.
11. Sewer needs to connect to West Pebblestone Drive by removing the temporary cleanout and
connecting to the existing main.
12. The manhole located at the northeast corner of the development near Pebblestone Drive must
be moved so it is located out of the landscaped area and instead located in Right-of-Way.
13. Sewer services should not cross infiltration trenches.
14. Utility easements are required for all mains outside of Right-of-Way.
15. No permanent structures can be built within a City of Meridian utility easement including but
not limited to buildings, car ports, trash enclosures, fences,trees,bushes, infiltration trenches,
light poles,etc.
General Conditions of Approval
Page.44
Page 255
Item#14.
16. 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.
17. 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.
18. 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
farms. 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 1 I"map with bearings and distances
(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a
Professional Land Surveyor, DO NOT RECORD. Add a note to the plat referencing this
document. All easements must be submitted, reviewed, and approved prior to development
plan approval.
19. 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.
20. 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.
21_ 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 1 I-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-
1207 and any other applicable law or regulation.
22. 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.
23. 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)375-52I 1.
24. 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.
Page 45
Page 256
Item#14.
25. 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.
26. 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 i 1-5C-3B.
27. Applicant shall be required to pay Public Works development plan review, and construction
inspection tees. as determined during the plan review process,prior to the issuance of a plan
approval letter.
28. It shall be the responsibility of the applicant to ensure that all development features comply
with the Americans with Disabilities Act and the Pair Housing Act,
29. Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
30. Developer shall coordinate mailbox locations with the Meridian Post Office.
31. Compaction test results shall be submitted to the Meridian Building Department for all
building pads receiving engineered backfil1,where footing would sit atop till material.
32. 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 I-foot above.
33. 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.
34. 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.
35. 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
littp://www.iiieridiaiicity.org/public_works.aspx'?id=272.
36. The City of Meridian requires that the owner post to the City a performance surety in the
amount of l 25%,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.
37. 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
Page 46
Page 257
Item#14.
Community Development Department website. Please contact Land Development Service
for more information at 887-2211.
C. FIRE DEPARTMENT
hq,Rs::11weblink_meridiancity.of g1WebLink1DocView.aspr?id--240228&dhid=0&rWo=MeridianC
ity
D. POLICE DEPARTMENT
https:1A4,eblink.meridiancity.aMlWebLinklDoc View.aVx?id 240012&dbid-=0&?-epo=MeridianC
Uy
E. PARK Is DEPARTMENT—PATHWAY COMMENTS
https:llweblink.meridiancity.orglWebLinklDocView.a.5px?id=242744&dbid=0&repo=MeridianC
itv
F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS)
lrttps:Ilivehlirzk.meridiaticit} omr WehLitiklDvcView.aspx?id=243241&dhid=0&repo=MeridianC
i &c'r=1
G. WEST ADA SCHOOL DISTRICT(WASD)
https:llwebliiik.nieridiancity.oMlWebLinklDoc View.aspr?id 242517&dbid=0&r0o=MeridianC
i tv
H. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
https:llx,eblir2k,meridiancity.orglWebLiraklDoel'iew,aspx?id 240139&dhid=0&repo=MeridianC
I. ADA COUNTY HIGHWAY DISTRICT(ACHD)
Izttps:Il�tfeblir�k.ryzeridirrrrcity.or IWebLirrklDocYietit.astir?id 244361&dbid=0&rWo=MeridianC
J. NAMPA MERIDIAN IRRIGATION DISTRICT(NMID)
https:llweblink.meridiancity.otglWebLinklDoc View.asp_r?id=240461&dbid=0&1.epo=MeridianC
itv
Ix. FINDINGS
A. Annexation and/or Rezone(UDC I 1-5B-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 the proposed zoning map amendment to annex the property into the City of
Meridian with R-15 and C-Czoning districts and subsequent development is consistent with
the Comprehensive Plan, if all conditions of approval are met.
Page 47
Page 258
Item#14.
2. The map amendment complies with the regulations outlined for the proposed districts.
specifically the purpose statement;
Council f nds the proposed zoning map amendment and request for the development of
multiple housing types will contribute to the range of'housing opportunities available within
the City}and within this area. Council finds the proposed addition oj'eommerrial within the
development is generally consistent with the purpose statement of the commercial district and
consistent with theffiaure land arse designation ofMrred-Use CommunilY.
3. The map amendment shall not be materially detrimental to the public health,safety,
and welfare;
Councilf finds the purposed zoning reap amendment should not he detrimental 10 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
Council_finds the proposed zoning map amendment will not result in an adverse impact on
the delivery oj'services by auiv political.subdivision providing public services within the City%
5. The annexation (as applicable)is in the best interest of city.
Because af'the unique and distinct project proposed, the proposed addition of more
commercial zoning, and the varving tvpes o,f•housing options proposed. Council f finds the
annexation is in the hest 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:
L The plat is in conformance with the Comprehensive Plan;
Council finds that the proposed plat, with Staff"s recommendations, 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 fir,formation.)
2. Public services are available or can be made available and are adequate to accommodate
the proposed development;
Council finds Mat public services will be provided to the subject properly with development.
(See Section 1/111 of the Stu,ff Report,for more details,front public service providers.)
3. The plat is in conformance with scheduled public improvements in accord with the City's
capital improvement program;
Because City' water and sewer and any other utilities will he provided by the development at
their own cost, Council finds that the subdivision will not require the expenditure of capital
improvement.funds.
4. There is public financial capability of supporting services for the proposed development;
Council finds there is public financial capability of supporting ,services for the proposed
development based upon c•ormments fi-onz the public ser vice providers(i.e..Police,Fire,ACHD•
etc.)• (See Section V11 for more information,)
Page 48
Page 259
Item#14.
5. The development will not be detrimental to the public health, safety or general welfare;
and,
Council is not aware of any health, safet}•, or envirotmrental problems associated with the
planting oj'tltis property. ACHD considers road safety issues in their analysis and has approved
the proposed road layout and connections to adjacent arterials.
6. The development preserves significant natural,scenic or historic features.
Council is unaware of at2v significanl natural,scenic, or historic features that exist on this site
that require preserving.
C. Conditional Use Permit Findings:
The commission shall base its determination on the conditional use permit request upon the
following:
1. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
Council finds that the subinitted site plan straws compliance with all dimensional and
development regulations in the R-15 coning district in which it resides except.for those noted
and required to be revised.
2. That the proposed use will be harmonious with the Meridian comprehensive plan and in
accord with the requirements of this title.
Council finds the proposed use of multi family residential• in conjunction with the other
residential housing Opes proposed, is in accord with the comprehensive plan designation qf'
Alixed-Use Community and the requirements of this title.
3. That the design,construction,operation and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the
general vicinity and that such use will not adversely change the essential character of
the same area.
Despite the proposed use being different than the residential uses closest to the subject site,
Council finds the design, construction, and proposed operation and maintenance will he
compatible ivilh other uses in the general neighborhood and should not adversely change the
essential character oflhe sane area. tf all conditions of approval fire►net.
4. That the proposed use,if it complies with all conditions of the approval imposed,will not
adversely affect other property in the vicinity.
Counciljinds the proposed use, ifit complies with all conditions of'approval imposed, will
not adversely affect other proper t)-in the vicinin,.
5. That the proposed use will be served adequately by essential public facilities and
services such as highways,streets, schools, parks,police and fire protection,drainage
structures, refuse disposal,water,and sewer.
Page 49
Page 260
Item#14.
Council_finds the proposed use will he served adequately by essential public.facilities and
senlices as all services are readily availahle, the nearlry arterial street is widened to its f dl
width, and the Applicant is required to construct a new public,road crtension to
accornnrodateadditional trgffieflow.
6. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
All puhlic facilities and services are readilt?available for the subject site so Council finds that
the proposed use will not be detrimental to the economic welfare of the cominunih,or create
excessive additional costs for puhlicfacilities and services.
7. That the proposed use will not involve activities or processes,materials,equipment and
conditions of operation that will be detrimental to any persons,property or the general
welfare by reason of excessive production of traffic,noise,smoke,fumes,glare or odors.
AIthough traffr`c will likely increase in the vicinity with the proposed use, all major roadways
adjacent to the site are alreadv at their f ill width and the proposed layout offers the hest
opportunity for.suf e circulation. Therefore. Council finds the proposed use will not he
detrimental to a►zv persons,property, or the general ive fare. t cdl cottd_i.t1Cr-1r�
Met.
8. That the proposed use will not result in the destruction,loss or damage of a natural,
scenic or historic feature considered to be of major importance.(Ord.05-1170,8-30-
2005,eff.9-15-2005)
Council i.s not aware of a►tv,such features; the proposed use.should not result in damage of
any such_features.
D. Private Street Findings:
In order to approve the application,the director shall .find the following:
I. The design of the private street meets the requirements of this article;
The Directorfinds that the proposed private street design meets the requirements.
2. Granting approval of the private street would not cause damage,hazard,or nuisance,or
other detriment to persons,property,or uses in the vicinity; and
The Director_finds that the proposed private streets would not cause damage, hazard. or
nuisance, or other detriment to persons,properti; or uses in the vicinity if all conditions oj'
approval are rrtet.
3. The use and location of the private street shall not conflict with the comprehensive plan
and/or the regional transportation plan.(Ord.05-1170,8-30-2005,eff.9-15-2005)
The Director finds the use and location of'the private streets do not conflict with the
comprehensive plan or the regional transportation plan because the proposed design meets
all requirements and the project is also extending the required public road through the site.
4. The proposed residential development(if applicable) is a mere or gated development.
(Ord. I0-1463, 11-3-2010,eff. 11-8-2010)
The Director,finds the proposed residential development is a tnew development by having a
majority of the units facing green,space instead of the private street.
Page 50
Page 261