Summertown Subdivision H-2022-0005 Findings CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI
DIAN
AND DECISION& ORDER
In the Matter of the Request for Preliminary Plat approval consisting of 23 residential building lots
(9 single-family lots and 14 multi-family lots) and 3 common lots on approximately 13.8 acres of
land in the TN-R zoning district(Traditional Neighborhood Residential),by Summertown,LLC.
Note: The Director approved the Private Street request per the findings in UDC 11-3F-5.
Case No(s).H-2022-0005
For the City Council Hearing Date of: May 3,2022 (Findings on May 18,2022)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of May 3,2022,incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of May 3, 2022, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 3,2022,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of May 3,2022, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use
Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified as
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019, Resolution No. 19-2179 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s)received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision,which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the
Community Development Department,the Public Works Department and any affected party
requesting notice.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Summertown Subdivision—FILE#H-2022-0005) - I -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of May 3,2022, 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 request for Preliminary Plat and Private Street approvals are hereby approved
per the conditions of approval in the Staff Report for the hearing date of May 3,2022, attached
as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat,or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two(2)years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat(UDC 11-613-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two(2)years,may be considered for
final approval without resubmission for preliminary plat approval(UDC 11-613-713).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up
to two(2)years as determined and approved by the City Council may be granted. With all
extensions,the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension,the property shall be required to go through the platting procedure again(UDC 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
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 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the
use not to exceed one (1)two(2)year period.Additional time extensions up to two(2)years as
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Summertown Subdivision—FILE#H-2022-0005) -2-
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 11-513-617).
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s)and returned to the city within six(6)months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six(6)month approval
period.
E. Judicial Review
Pursuant to Idaho Code § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho
Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted, including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
G. Attached: Staff Report for the hearing date of May 3, 2022.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Summertown Subdivision—FILE#H-2022-0005) -3-
By action of the City Council at its regular meeting held on the 18th day of May
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 5-18-2022
Attest:
Chris Johnson 5-18-2022
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 5-18-2022
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Summertown Subdivision—FILE#H-2022-0005) -4-
Item#10. EXH I BIT A
STAFF REPORT E COMMUNITY
N --
COMMUNITY DEVELOPMENT DEPARTMENT .►A H O
HEARING May 3,2022 LegendP� W
X0
DATE:
L(I E
II,Project Location IMM I fflp",
TO: Mayor&City Council
FROM: Joseph Dodson,Associate Planner tom`
208-884-5533
SUBJECT: H-2022-0005 -
Summertown Subdivision ® 9F
77
LOCATION: Site is located at 3104 N.Venable, at the �� �®
southeast corner ofN.Venable Lane and g
W. Ustick Road, In the NW 1/4 of the
NE 1/4 of Section 1,Township 3N, -9 � _.
Range 1 W. f
I. PROJECT DESCRIPTION
Preliminary Plat consisting of 23 residential building lots(9 single-family lots and 14 multi-family lots) and
3 common lots on approximately 13.8 acres of land in the TN-R zoning district(Traditional Neighborhood
Residential),by Summertown, LLC.
Note: Additional request for Private Streets through the multi-family portion of the project requiring only
administrative approval—private street request made for addressing purposes and requested by City
departments.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 13.8 acres
Future Land Use Designation Mixed-Use Community(6-15 du/ac)
Existing Land Use(s) Multi-family Residential under construction
Proposed Land Use(s) Multi-family Residential and Detached Single-Family
Residential
Lots(#and type;bldg./common) 23 residential building lots(9 detached single-family and
14 multi-family)and 3 common lots
Neighborhood meeting date December 16,2021
History(previous approvals) H-2017-0142(AZ,DA Inst.#2019-015427);A-2019-0118
(CZC&DES);A-2021-0025 (CZC&DES renewal).
Pagel
Page 166
Item#10.
B. Community Metrics
Description Details Pa e
Ada County Highway District
• Staff report(yes/no) No(Previously reviewed under the CZC and Design
Review applications from 2019.
• Requires ACHD Commission No
Action es/no
Access(Arterial/Collectors/State Access is via extension of N.Venable Lane,a collector
Hwy/Local)(Existing and street that connects to W.Ustick Road at the northwest
Proposed) corner of the property.
Access to the multi-family portion of the project is via a
drive aisle connection to N.Venable and two private street
connections to a new local street near the south end of the
site,shown as W.Wrangler Street.
W.Wrangler street is the access for the proposed nine(9)
single-family residential lots along the south boundary.
Stub Street/Interconnectivity/Cross Applicant is stubbing N.Ridgebury Avenue to the south
Access boundary to connect to the existing Ridgebury Avenue.
W.Wrangler Street is proposed to connect to the terminus
of N.Venable near the southwest corner of the site.
Existing Road Network N.Venable is currently a substandard road section that
provides access to homes and apartments to its west and
one large county parcel further to the south.
N.Ridgebury Avenue is stubbed to the southern property
boundary through the Vallin Courts Subdivision.
Proposed Road Improvements Applicant is required to construct Venable as a complete
street section.
Distance to nearest City Park(+ Settlers Park(55.44 acres)—adjacent to the northeast
size) corner of the site on the north side of Ustick Road.
Fire Service
• Distance to Fire Station 1.7 miles from Station#3
• Fire Response Time Falls within the 5-minute response time goal area
• Resource Reliability 80%(at the goal of 80%)
• Accessibility Project meets all required access,road widths,and
turnaround requirements as presented.
• Additional Project can be serviced by the Meridian Fire Department
Comments/Concerns
Police Service
• Distance to Station Approximately 3.8 miles from Meridian Police
Headquarters
• Response Time Approximately 3 minute response time to an emergency.
• Call Data Between 1/1/2020- 12/31/2021,the Meridian Police
Department responded to 4,545 calls for service within a
mile of the proposed development.The crime count on the
calls for service was 440.
Between 1/l/2020- 12/31/2021,the Meridian Police
Department responded to 66 crashes within a mile of the
proposed development.
• Additional Concerns None
Page 2
Page 167
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Item#10.
IV. NOTICING
Planning&Zoning City Council
Posting Date Posting Date
Newspaper Notification 3/22/2022 4/17/2022
Radius notification mailed to
properties within 500 feet 3/21/2022 4/18/2022
Public hearing notice sign posted
3/23/2022 4/21/2022
on site
Nextdoor posting 3/21/2022 4/18/2022
V. STAFF ANALYSIS
A. COMPREHENSIVE PLAN/DEVELOPMENT AGREEMENT
The subject 13.7 acres were annexed into the City of Meridian in 2019 with the Summertown annexation
(H-2017-0142)with the Traditional Neighborhood Residential(TN-R)zoning district which allows
multi-family residential projects as a principally permitted use. Therefore,the Applicant was only
required to obtain administrative approvals (Certificate of Zoning Compliance and Design Review)to
begin construction on the multi-family portion of the project. However,the Applicant also included a
small single-family component to the project along the south boundary in order to comply with TN-R
requirements of including two different housing types within the project. Because of the inclusion of the
single-family lots and a desire to place each multi-family building on its own lot,the Applicant has an
existing Development Agreement provision to subdivide the property prior to release of the first
Certificate of Occupancy. Therefore,the Applicant is submitting the subject preliminary plat application
to meet the existing conditions of approval and create nine(9) single-family lots along the south
boundary.
The Applicant received Certificate of Zoning Compliance(CZC) and Administrative Design Review
(DES) approval in 2019 and subsequently in 2021 to establish the use of the multi-family residential
component of the project and be allowed to submit for building permits. With these administrative
approvals,the City and ACHD reviewed the required public street network(Venable and Wrangler).
Staff cannot locate the final ACHD staff report from May 2019 but has the draft copy which likely did
not change. Within this report and consistent with the staff report and approvals at the time of
annexation,the Applicant is required to construct Venable as two different street sections.According to
the submitted plat,this does not appear to be shown correctly. Further analysis is below in subsequent
sections however,all of the requirements for construction of Venable are already required within
the DA(Inst.#2019-015427).Furthermore,the expected development of the subject site is already
outlined and conditioned via the previous approvals and existing DA; many of the previous
requirements will be reiterated in this report and checked for compliance at the time of final plat
submittal.
The subject site is part of a larger Mixed-Use Community(MU-C) future land use area. As noted above,
this project was analyzed against the Comprehensive Plan at the time of annexation in 2019. At that
time, Staff concluded the project was compliant with the Comprehensive Plan. The submitted
preliminary plat is consistent with the MU-C designation and the concept plan included in the recorded
Development Agreement(Inst. #2019-015427).
B. PRELIMINARY PLAT(PP)
The proposed preliminary plat consists of 23 residential building lots(9 single-family lots and 14 multi-
family lots)and 3 common lots on approximately 13.8 acres of land in the TN-R zoning district. The
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Item#10.
minimum lot size proposed is 5,100 square feet for the single-family lots and 18,988 square feet for the
multi-family lots.
Existing Structures/Site Improvements:
There are no existing structures on this site but building permits have been issued for construction of the
multi-family buildings.
Dimensional Standards(UDC 11-2):
The proposed subdivision and subsequent development are required to comply with the minimum
dimensional standards listed in UDC Table 11-2D-7 for the TN-R zoning district. The TN-R zoning
district does not have a minimum lot size nor street frontage requirement. The proposed single-family
residential along the south boundary and the bisecting public local street(W. Wrangler)act as a
transition and buffer between the existing R-8 single-family residential south of the subject site (Vallin
Courts Subdivision). Staff has reviewed the proposed plat and it complies with all zoning standards.
Access(UDC 11-3A-3):
Access to the project site is via extension of N. Venable Lane,a collector street, from W.Ustick Road to
nearly the south boundary.Access to the multi-family portion of the project is via a drive aisle
connection to N. Venable in alignment with an existing multi-family drive aisle on the west side of
Venable (Crossfield Apartments) and two private street connections to a new local street near the south
end of the site, shown as W. Wrangler Street. W.Wrangler street is also the access for the proposed nine
(9) single-family residential lots along the south boundary. W. Wrangler is shown to be constructed with
5-foot detached sidewalks and a 33-foot wide street section and stubbed to the east property boundary
for future connectivity. This complies with City code and ACHD requirements,as approved with
previous applications.
Upon analysis of the submitted plat, it appears N. Venable Lane is being shown as a 29 foot collector
street section for its entire length,from Ustick south to Wrangler Street connection point at the
southwest corner of the project. Previous approvals allow Venable to be constructed with this reduced
collector street section for a majority of its length but not in its entirety.According to ACHD, Venable
should be constructed as 36 foot wide collector street section from Ustick and 245 feet south to the
northern drive aisle connection across from the existing drive aisle connection to Venable for the
Crossfield Apartments. It is unclear on the submittedplat if this condition of approval is being shown
accurately. The Applicant should revise the plat to meet this condition of approval or provide written
documentation that ACHD has approved a reduced street section for this area of the project.
In addition to the public streets required with the subject preliminary plat,the Applicant is also
requesting private street approval for the internal drive aisles at the request of the Meridian Fire
Department and our Addressing Department to allow for more specific addressing within the
development. The ability to give buildings addresses from internal streets rather than all buildings having
a Venable address makes it easier and safer for emergency services. Private Streets must comply with the
applicability and minimum standards in UDC 11-317-2 and 11-3F-4,respectively.
Staff ,finds the previously approved project complies with the private street applicability standards as it
is not a single-family development and all of the units front on or access green space rather than the
street. Further, the drive aisles (private streets)are shown to be 26 feet wide with sidewalks adjacent to
a majority of the parking stalls. UDC 11-3F-4 requires private streets to be a minimum of 24 feet wide
and sidewalks are not required. Therefore, the Applicant complies with the minimum dimensional
standards outlined in the UDC. In addition, the private street must be within a single platted common lot
or constructed on a perpetual ingress/egress easement.According to the submitted plat, the private
street is not within a common lot and is noted as being within an easement. However, this easement is
not clearly depicted on the plat and a plat note has not been included noting its purpose. These items
should be corrected with the final plat submittal. If these conditions of approval are met, Stafffinds the
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Item#10.
proposed Private Streets comply with the required findings outlined in UDC 11-3F-5, as noted in
Section IX of this staff report.
Pathways(UDC 11-3A-8):
The Pathways Master Plan shows a pathway along the east side of the required Venable extension. The
Parks Department has not submitted comments on this project but Planning has had multiple discussions
with the pathways coordinator and the City does wish to comply with the master pathways plan for this
segment in order to have a regional pathway connection from Ustick south to pathway along the Creason
Lateral approximately a quarter mile south of the Summertown project boundary. According to the
submitted plat and landscape plans, a 5-foot wide detached sidewalk is shown on the east side of
Venable instead of a 10-foot multi-use pathway.
In addition to the 5-foot detached sidewalk along Venable, the Applicant is showing 4-foot wide sidewalk
on the west side of the internal private street that runs north-south within the multi family portion of the
project(shown as N. Ridgebury Lane). Ridgebury Lane is shown with sidewalks on both sides of the
private street but is not required by code, as noted in the previous section. In addition, the Applicant has
some room within the building lot itself to adjust the property line and building setback to Venable
because the TN-R zoning district allows a reduced setback when the units are alley-loaded—these multi-
family units take vehicular access via Ridgebury Lane, an alley in its functionality, and main pedestrian
access along Venable. During pre-application meetings,Staff presented this issue and recommended
the Applicant remove the western sidewalk along Ridgebury Lane and make minor building lot
adjustments to construct the required multi-use pathway along the east side of Venable.Per the
submitted plat, the Applicant did not make these revisions.In order to comply with the Pathways
Master Plan,Staff is including conditions of approval consistent with these recommendations.
Furthermore, this multi-use pathway segment is shown to continue south through an adjacent County
parcel(S1201214713) in the future. In order to allow for this to occur, a logical termination of the
multi-use segment on the east side of Venable should occur so that a safe crossing location is attainable.
The logical location for this would be at the northeast corner of Venable and Wrangler Street so it can
be constructed at the southwest corner of this intersection should the county parcel redevelop in the
future. Staff notes, the existing county residence takes access via Venable and will continue to do so until
such time the property redevelops.After reviewing the existing conditions of the county parcel and the
existing stub streets to its property, Staff anticipates this existing access being removed and becoming an
area of open space and the multi-use pathway segment. Therefore, setting up the correct locations of the
multi-use pathway stubs with this project to the county parcel is significantly important. Staff
recommends the Applicant construct a segment of the City's multi-use pathway within Lot 1, Block 2.
Sidewalks(UDC 11-3A-17):
Detached sidewalks are proposed along the internal local streets (W. Wrangler and the Ridgebury Lane
extension)and along N. Venable,the collector street along the west boundary. There is existing 5-foot
wide sidewalk along the west side of Venable that was constructed with other projects. According to the
submitted plat and landscape plans,the Applicant is proposing a minimum of 8-foot wide sidewalks
along all public streets. In addition,the Applicant is showing 4-foot and 5-foot wide attached sidewalks
along the private streets within the multi-family area of the project. All proposed sidewalks meet UDC
standards. However,the sidewalk along the east side of N. Venable should be constructed as a 10-foot
multi-use pathway, as discussed in the section above.
Parkways (UDC 11-3A-17):
8-foot wide parkways with street trees are shown along both sides of the proposed local streets(W.
Wrangler and N. Ridgebury). All parkways within the site adjacent to detached sidewalks shall be
landscaped per the standards listed in UDC 11-313-7C.According to the submitted landscape plan,
there appears to be the correct number of trees but the table does not accurately describe the parkway
along W.Wrangler and instead labels it as perimeter landscaping.With the future final plat application,
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Item#10.
the Applicant should correct this and list this parkway within the landscape table and show the correct
number trees.
Landscaping(UDC 11-3B):
The TN-R zoning district requires a landscape buffer to arterial, collector, and local streets. According to
UDC Table 11-2D-6 a 25-foot wide arterial buffer is required along W.Ustick Road(measured from
back of curb); a 13-foot buffer along Venable(a collector); and a minimum 8-foot wide parkway
adjacent to all local streets(W. Wrangler Street and N. Ridgebury Avenue)with all buffers required to
be landscaped per the standards in UDC Table 11-3B-7C. The landscaping has been previously approved
through the annexation and administrative approvals, as noted. According to the submitted landscape
plans,the required street buffer widths have been met along all public streets adjacent to the site.
The purpose of review for this plat is to ensure the landscaping is maintained through appropriate
means via the plat. In most cases, the required street buffers for residential developments are contained
within common lots but because the project has received previous approvals prior to platting(including
building permit approval), the locations of the buildings have already been set and a common lot is not
appropriate any longer. Instead, the UDC allows the required street buffers to be placed within
landscape easements noted on the preliminary plat. Therefore, Staff is including a condition of approval
to depict the required landscape buffer easements on the plat at the time offinal plat submittal. The
caveat to this is along W. Wrangler Street and N. Ridgebury Avenue—there is no need to depict a
common nor a landscape easement over the 8 foot parkways along these local streets.
There is existing landscaping and detached sidewalk along Ustick Road and the Summertown property
line does not extend all the way to the back of curb, where the required buffer is to be measured from per
the UDC. Thus, the entire 25 foot buffer is not required to be solely on this property but the Applicant
should do the following for clarity: 1. Note on the plat that the remaining buffer area is within ACHD
right-of-way along Ustick consistent with the UDC, and; 2. Depict and label the full buffer width on the
landscape plans. Including these two items will create transparency on both sets of plans moving
forward to plat recordation. Further, the Applicant should enter into a license agreement with ACHD to
landscape the right-of-way area consistent with City code.
All common lot and parking landscaping were reviewed and approved with the CZC and Design Review
applications(A-2021-0025). The Applicant is required to comply with all previous approvals so Staff is
not including any additional conditions for this matter.
Qualified Open Space& Site Amenities(UDC 11-3G):
The minimum amount of qualified open space and amenities were analyzed and approved with the
previous approvals.According to those approvals,the Applicant is including 3.11 acres of qualified open
space(approximately 135,000 square feet)that is to be shared by both the multi-family and single-family
residents. This amount of open space exceeds the minimum UDC requirements.
Staff notes the existing approvals do not account for the parkways along W. Wrangler and the Ridgebury
Avenue stub. So, the amount of qualified open space is in fact higher than previously noted—with the
final plat submittal, the applicant should revise the open space calculations and include these parkways.
Fencing(UDC 11-3A-6, 11-3A-7):
All fencing constructed on the site is required to comply with the standards listed in UDC 11-3A-6 and
11-2D-6 (TN-R standards).According to the submitted landscape plan, all proposed fencing meets UDC
requirements. Staff will further verify code compliance at the time of final plat submittal and inspection.
Off-Street Parking (UDC 11-3C-6):
The number of off-street parking spaces required for the multi-family portion of the project was analyzed
and approved with previous approvals. According to these approvals,the Applicant is proposing 384
parking stalls with 198 of these being covered. The proposed parking meets the minimum required by
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Item#10.
code. Single-family residential is required to provide off-street parking based on the number of
bedrooms per home; Staff will verify compliance with the UDC at the time of building permit submittal
for each lot.
Staff notes that the north side of W. Wrangler Street will allow on-street parking along its entire north
side with the exception of the two private street connections due to it being constructed as a 33 foot wide
local street. This on-street parking will likely be utilized as overflow parking for the multi family
residents.
Pressurized Irrigation System (UDC 11-3A-I5):
An underground pressurized irrigation(PI) system is required to be provided for the development as set
forth as set forth in UDC 11-3A-15.
Building Elevations(UDC 11-3A-19 I Architectural Standards Manual):
Building elevations were previously approved with the Design Review in 2019 and subsequently in
2021. Staff will include exhibits of the approved elevations during the public hearing but is not including
them within this staff report as they can be accessed through multiple avenues. The Applicant has not
submitted any conceptual elevations of the single-family homes but Staff notes that single-family
residential homes do not require design review approval. However,the future single-family homes
should be designed to complement the multi-family units that are part of this development.
VI. DECISION
A. Staff:
Staff recommends approval of the proposed Preliminary Plat per the provisions included in Section VIII
in accord with the Findings in Section IX and has approved the Private Street request per the Findings in
Section IX.
B. The Meridian Planning&Zoning Commission heard these items on April 7,2022. At the public
hearing,the Commission moved to recommend approval of the subject Preliminary Plat request.
1. Summary of Commission public hearing_
a. In favor: Kent Brown,Applicant Representative;
b. In opposition:None
C. Commenting: Kent Brown, Mike Simunich,neighbor.
d. Written testimony: None
e. Staff presenting application: Joseph Dodson,Associate Planner
f. Other Staff commenting on application: None
2. Key issue(s) public testimony
a. Confirmation of how access to existingcounty ounty residence on Parcel S 1201244520 shall
be implemented and maintained.
3. Key issue(s)of discussion by Commission:
a. Anticipated plan for access to existingcty home south of property that currently uses
the unimproved Venable Road(Parcel S 1201244520),
b. Discussion on regional pathway location and design required along east side of Venable,
c. Design of Venable approved by ACHD versus approved with Annexation,
d. Parcel history and existing approvals for the project,
4. Commission change(s)to Staff recommendation:
a. Strike conditions A.3 &modify A.11 C based on discussions surrounding construction of
Venable and the multi-use pathway segment.
5. Outstandingissue(s)ssue(s) for City Council:
a. None
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Item#10.
C. The Meridian City Council heard these items on May 3, 2022. At the public hearing.the Council
moved to approve the subject Preliminary Plat request.
1. Summary of the City Council public hearing:
a. In favor: Kent Brown,Applicant Representative
b. In opposition:None
c. Commenting: Kent Brown
d. Written testimony: None
e. Staff presenting application: Joseph Dodson,Associate Planner
f. Other Staff commenting on application: None
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by City Council:
a. Verification on the number of buildings and building lots:
b. Verification of multi-use pathway comments being included as condition(s) of
approval—already included.
4. City Council change(s)to Commission recommendation.
a. None
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Item#10.
VII. EXHIBITS
A. Preliminary Plat Legal Description
DESCRIPTION FOR
SUMMERTOWN SUBDIVISION
A parcel of land located In Oo+1@rnment Lot 2 of S@otwon 1, T.3N., R.IW W. 9.M ,A¢e
DOuinty, IdihO mine particularly dwicnbed as follows
Commer ing at the N114 corner of said Section 1 from which the P4E comer of sa.ic
Sacion 1 be2re S"09`4634-8"East 2.W2.21 ftet.
thence along Itm Noll bourKWy hne of Said Section f South 89'AZ4V'Eas4. 20-Olt
feat.
Menem tea+nng said MOM boundary line South 00°19'5(r East,63.94 feet to a point on
the South rrghl-of-way 11ne of W L1g#rck Road.sand point also being the REAL P'ID4NT OF
BEGINNING.
thence along saA South npht-of-way lim for the following Iwo courses and distances
Iher"North 64'44'15"East,37.04 feet:
thenw South 89'4048'East.W 48 feet
thence lewng said South righl-of-way line South 00'23-17"well. 290.03 feet;
thence South 89"4646"East. 26.57 feet;
thence South Wi!'4T Eeet. 695 07 feet to the NW comer of Lai 21. Block 7 of Velhn
Courts Subsdrvislon as filled in Book 93 of Plats.at Pages 11.208 through 11.212, recards of
Ada County. Idaho.
MentA along the extenor boundary line of sand Vallin C&urts Sub erosion me foliowing
2 Nurses and dislances:
theruce South 001749"East. 56.60 feat;
thence North 89 4W21'West, 640 00 feel*the NW comer of Lot 1_Block 3 of @aid
Vailrn Cpurts SubSdiw$ion',
thence along I"Ent r6gMl-of-way im of N.1Hnabls to North 00119r50-Wsai.
926 09 feel tree REAL POINT OF BEGINNIM Cordarn4ng 1317 @iris,more or less.
17
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Item#10.
B. Preliminary Plat(dated: January 2022)
STiIRI1'RTOWN SUBDIVISION
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Item#10.
C. Landscape Plan(date: 12/27/2021)
SUMMERTOWN SUBDIVISION I
A PARCEL DF LAND;745 W.VSTICK RD
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Page 13
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Item#10.
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Page 14
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Item#10.
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Page 15
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Item#10.
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
Preliminary Plat(PP):
1. The Applicant shall adhere to all previous conditions of approval associated with this site: H-2017-
0142 (AZ,DA Inst. #2019-015427); A-2019-0118 (CZC &DES); A-2021-0025 (CZC &DES
renewal).
2. The applicant shall comply the minimum dimensional standards listed in UDC Table 11-2D-6 for the
Traditional Neighborhood Residential(TN-R)zoning district and those listed in the specific use
standards for multi-family development,UDC 11-4-3-27.
3. The Applieant shall comply with all ACHD eonditions of appr-w.,al depiet N.Venable Lane as 36
foot wide eolleetor-st-Feet seetion fFom Ustiek and 245 feet south to the fioAhefa dr-i�ve aisle
conneetion or show proof that AC=14P has appr-oved a redueed street seetion for this area of the
p4lie street.
4. Future development shall comply with UDC 11-3A-7 and UDC 11-2D-6 for any future fencing
constructed within the development.
5. Future development shall comply with the Private Street standards,UDC 11-3F-4.
6. If not already submitted to the Planning Division,the Applicant shall record a maintenance
agreement for the multi-family development that states the maintenance and the ownership
responsibilities for the management of the development, including,but not limited to, structures,
parking, common areas, and other development features, in accord with UDC 11-4-3-27 and submit
said document to the Planning Division prior to the release of the first Certificate of Occupancy.
7. With the final plat submittal,the applicant shall submit a revised open space exhibit that includes the
parkways as part of the open space calculations.
8. The preliminary plat approval shall become null and void if the applicant fails to either: 1)obtain the
City Engineer signature on a final plat within two years of the date of the approved findings; or 2)
obtain approval of a time extension as set forth in UDC 11-613-7.
9. Upon completion of the landscape installation, a written Certificate of Completion shall be submitted
to the Planning Division verifying all landscape improvements are in substantial compliance with the
approved landscape plan as set forth in UDC 11-3B-14.
10. Off-street parking is required to be provided in accord with the standards listed in UDC Table I I-
3C-6 for multi-family dwellings based on the number of bedrooms per unit.
11. The submitted preliminary plat, dated January 2022, shall be revised as follows prior to Final Plat
submittal:
a. Depict the required landscape buffers along Ustick and Venable via a landscape easement—
ensure minimum width of 25 feet along Ustick is noted despite not being on property(measured
from back of curb).
b. Add a plat note referencing the required license agreement with ACHD for the portion of the
landscape buffer in the public right-of-way,per UDC 11-3B-7C.5.b.
c. Construct a 10-foot wide multi-use pathway on the east side of N. Venable Lane. and within Tot
1,Bleek 2 eeasistepA with the Pathways Master-Plan-.
d. Remove the sidewalk on the west side of N. Ridgebury Lane (east side of Lots 8, 9, & 14,Block
1)to move the units east to accommodate the multi-use pathway on the east side of N. Venable.
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Item#10.
e. Depict the private streets within a singular common lot or clearly depict the private street
easement on the plat,in accord with UDC 11-317 4A.
f. Add a plat note stating"No direct lot access is permitted to W.Ustick Road or N.Venable
Lane."
12. The submitted landscape plan, dated December 27, 2021, shall be revised prior to final plat
submittal:
a. Revise the landscape plans consistent with the preliminary plat revisions noted above in
condition VIII.A.8.
b. Add data to the landscape plans showing compliance with UDC 11-313-7C for the proposed
parkways.
c. Clearly depict the required street buffers along W.Ustick Road and N.Venable Lane.
B. PUBLIC WORKS
Site Specific Conditions of Approval
1. A streetlight plan will need to be included in the final plat application.
Standard Conditions of Approval
1. Applicant shall coordinate water and sewer main size and routing with the Public Works Department,
and execute standard forms of easements for any mains that are required to provide service outside of
a public right-of-way. Minimum cover over sewer mains is three feet,if cover from top of pipe to
sub-grade is less than three feet than alternate materials shall be used in conformance of City of
Meridian Public Works Departments Standard Specifications.
2. Per Meridian City Code (MCC),the applicant shall be responsible to install sewer and water mains to
and through this development. Applicant may be eligible for a reimbursement agreement for
infrastructure enhancement per MCC 8-6-5.
3. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of
way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single
utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated
outside the plat process using the City of Meridian's standard forms. The easement shall be
graphically depicted on the plat for reference purposes. Submit an executed easement(on the form
available from Public Works), a legal description prepared by an Idaho Licensed Professional Land
Surveyor,which must include the area of the easement(marked EXHIBIT A) and an 81/2"x I F map
with bearings and distances(marked EXHIBIT B) for review. Both exhibits must be sealed, signed
and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing
this document. All easements must be submitted,reviewed, and approved prior to development plan
approval.
4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source
of water(MCC 9-1-28.C). The applicant should be required to use any existing surface or well water
for the primary source. If a surface or well source is not available, a single-point connection to the
culinary water system shall be required. If a single-point connection is utilized,the developer will be
responsible for the payment of assessments for the common areas prior to prior to receiving
development plan approval.
5. All existing structures that are required to be removed shall be prior to signature on the final plat by
the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and
possible reassignment of street addressing to be in compliance with MCC.
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Item#10.
6. All irrigation ditches,canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing
or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6.
In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other
applicable law or regulation.
7. Any wells that will not continue to be used must be properly abandoned according to Idaho Well
Construction Standards Rules administered by the Idaho Department of Water Resources. The
Developer's Engineer shall provide a statement addressing whether there are any existing wells in the
development,and if so,how they will continue to be used, or provide record of their abandonment.
8. Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections
(208)375-5211.
9. Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road
base approved by the Ada County Highway District and the Final Plat for this subdivision shall be
recorded,prior to applying for building permits.
10. A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing,
landscaping, amenities, etc.,prior to signature on the final plat.
11. All improvements related to public life, safety and health shall be completed prior to occupancy of the
structures. Where approved by the City Engineer, an owner may post a performance surety for such
improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-
3B.
12. Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process,prior to the issuance of a plan approval
letter.
13. It shall be the responsibility of the applicant to ensure that all development features comply with the
Americans with Disabilities Act and the Fair Housing Act.
14. Applicant shall be responsible for application and compliance with any Section 404 Permitting that
may be required by the Army Corps of Engineers.
15. Developer shall coordinate mailbox locations with the Meridian Post Office.
16. Compaction test results shall be submitted to the Meridian Building Department for all building pads
receiving engineered backfill,where footing would sit atop fill material.
17. The design engineer shall be required to certify that the street centerline elevations are set a minimum
of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1-foot above.
18. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage
facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The
design engineer shall provide certification that the facilities have been installed in accordance with
the approved design plans. This certification will be required before a certificate of occupancy is
issued for any structures within the project.
19. At the completion of the project,the applicant shall be responsible to submit record drawings per the
City of Meridian AutoCAD standards. These record drawings must be received and approved prior to
the issuance of a certification of occupancy for any structures within the project.
20. A street light plan will need to be included in the civil construction plans. Street light plan
requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the
standards can be found at http://www.meridiancioy.or1ublic_works.aspx?id=272.
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Item#10.
21. The City of Meridian requires that the owner post to the City a performance surety in the amount of
125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to
final plat signature. This surety will be verified by a line item cost estimate provided by the owner to
the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond.
Applicant must file an application for surety,which can be found on the Community Development
Department website. Please contact Land Development Service for more information at 887-2211.
22. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%
of the total construction cost for all completed sewer,water and reuse infrastructure for duration of
two years. This surety will be verified by a line item cost estimate provided by the owner to the City.
The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant
must file an application for surety,which can be found on the Community Development Department
website. Please contact Land Development Service for more information at 887-2211.
C. FIRE DEPARTMENT
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=252899&dbid=0&repo=MeridianCiU
D. POLICE DEPARTMENT
https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=252855&dbid=0&repo=MeridianCity
E. NAMPA MERIDIAN IRRIGATION DISTRICT(NMID)
https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=255744&dbid=0&repo=MeridianCity&cr
=1
F. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
https://weblink.meridiancity.orgJ ebLink/DocView.aspx?id=254219&dbid=0&repo=MeridianCity
G. ADA COUNTY HIGHWAY DISTRICT(ACHD)
No comments sent for this application—ACHD approved the subject project with previous applications.
IX. FINDINGS
A. Preliminary Plat Findings
In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the
decision-making body shall make the following findings:
1. The plat is in conformance with the Comprehensive Plan;
Councilfinds that the proposedplat, with Staffs recommendations, is in substantial compliance with
the adopted Comprehensive Plan and previous approvals.
2. Public services are available or can be made available and are adequate to accommodate the
proposed development;
Council finds that public services will be provided to the subject property with development. (See
Section VIII of the Staff Report for more details from public service providers)
3. The plat is in conformance with scheduled public improvements in accord with the City's capital
improvement program;
Because City water and sewer and any other utilities will be provided by the development at their own
cost, Council finds that the subdivision will not require the expenditure of capital improvement funds.
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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 comments from the public service providers (i.e., Police, Fire, ACHD, etc). (See Section
V and VIII for more information.)
5. The development will not be detrimental to the public health,safety or general welfare; and,
Council is not aware of any health, safety, or environmental problems associated with the platting of
this property. ACHD considers road safety issues in their analysis and has approved the proposed
road layout and connections to adjacent parcels.
6. The development preserves significant natural,scenic or historic features.
Council is unaware of any significant natural, scenic, or historic features that exist on this site that
require preserving.
B. Private Street Required Findings
In order to approve the application,the director shall find the following:
1. The design of the private street meets the requirements of this article;
Director finds that the submitted site plan shows compliance with all dimensional and development
regulations in the TN-R zoning district in which it resides except for those noted and required to be
revised.
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
Director finds the proposed use of multi family residential, in conjunction with the other residential
housing types proposed, is in accord with the comprehensive plan designation of Medium-High
Density Residential within the Ten Mile Plan and the requirements of this title.
3. The use and location of the private street shall not conflict with the comprehensive plan and/or
the regional transportation plan.
Director finds the design, construction, and proposed operation and maintenance will be compatible
with other uses in the general neighborhood and should not adversely change the essential character
of the same area, if all conditions of approval are met.
4. The proposed residential development(if applicable)is a mew or gated development.
Director finds the proposed use, if it complies with all conditions of approval imposed, will not
adversely affect other property in the vicinity.
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