2022-06-02
PLANNING AND ZONING COMMISSION MEETING
City Council Chambers, 33 East Broadway Avenue Meridian, Idaho
Thursday, June 02, 2022 at 6:00 PM
MINUTES
ROLL-CALL ATTENDANCE
PRESENT
Commissioner Patrick Grace
Commissioner Andrew Seal
Commissioner Maria Lorcher
Commissioner Nathan Wheeler
Commissioner Steven Yearsley
Commissioner Mandi Stoddard
ABSENT
Commissioner Nick Grove
ADOPTION OF AGENDA Adopted
CONSENT AGENDA \[Action Item\]
Motion to approve made by Commissioner Lorcher, Seconded by Commissioner Wheeler.
Voting Yea: Commissioner Grace, Commissioner Seal, Commissioner Lorcher, Commissioner
Wheeler, Commissioner Yearsley, Commissioner Stoddard
1. Approve Minutes of the May 18, 2022 Planning and Zoning Commission Meeting
2. Findings of Fact, Conclusions of Law for Amina’s Daycare (H-2022-0012) by
Godelieve Mulonge, Located at 4175 S. Leaning Tower Ave.
3. Findings of Fact, Conclusions of Law for Black Rock Coffee (H-2022-0019) by
Tamara Thompson of The Land Group, Inc., Located at 3300 S. Eagle Rd.
4. Findings of Fact, Conclusions of Law for Peak at Sawtooth Village (H-2022-0026)
by JGT Architecture, Located at 4752 N. Linder Rd.
ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\]
ACTION ITEMS
5. Public Hearing for Ten Mile Public Storage (H-2022-0016) by Kimley-Horn and
Associates, Inc., Located at at 4065 N. Ten Mile Rd. Continued to July 21, 2022
A. Request: Annexation consisting of 5.037 acres of land with the I-L zoning
district and a request for reduction in width of the required 25ft. residential
landscape buffer to allow two self-storage buildings.
Motion to continue to July 21, 2022 made by Commissioner Grace, Seconded by Commissioner
Yearsley.
Voting Yea: Commissioner Grace, Commissioner Seal, Commissioner Lorcher, Commissioner
Wheeler, Commissioner Yearsley, Commissioner Stoddard
6. Public Hearing for Jump Creek South (H-2022-0006) by Kent Brown Planning
Services, Located at Parcel #S0428449595 at the northwest corner of N. Black Cat
Rd. and W. McMillan Rd. Recommended Approval to City Council, Scheduled
June 28, 2022
A. Request: Preliminary Plat consisting of 20 single-family residential lots and
4 common lots on 3.57 acres of land in the R-8 zoning district.
Motion to approve made by Commissioner Wheeler, Seconded by Commissioner Lorcher.
Voting Yea: Commissioner Grace, Commissioner Seal, Commissioner Lorcher, Commissioner
Wheeler, Commissioner Yearsley, Commissioner Stoddard
COMMISSION TRAINING
7. Pathways System Overview
8. Planning and Zoning Commission Best Practices
ADJOURNMENT 8:11 pm
Item 1. 3
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Approve Minutes of the May 18, 2022 Planning and Zoning Commission
Meeting
Meridian Planning&Zoning Commission
Item 1. May 19,2022 F33
Page 30 of 30
MEETING ADJOURNED AT 7:24 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.)
APPROVED
ANDREW SEAL - CHAIRMAN
Approved 6-2-2022
ATTEST:
CHRIS JOHNSON - CITY CLERK
Item 2. 34
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Findings of Fact, Conclusions of Law for Amina's Daycare (H-2022-0012) by
Godelieve Mulonge, Located at 4175 S. Leaning Tower Ave.
CITY OF MERIDIAN E IDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND ! ❑AHO
DECISION& ORDER
In the Matter of the Request for Conditional Use Permit for Amina's Daycare,Located at 4175 S.
Leaning Tower Ave in the R-8 Zoning District,by Godelieve Mulonge.
Case No(s).H-2022-0012
For the Planning& Zoning Commission Hearing Date of: May 19,2022 (Findings on June 2,2022)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of May 19,2022, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of May 19,2022, incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of May 19, 2022,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of May 19,2022,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 Planning&Zoning Commission takes judicial notice of its Unified Development
Code codified at Title 11 Meridian City Code,and all current zoning maps thereof. The City of
Meridian has,by ordinance, established the Impact Area and the Amended Comprehensive Plan
of the City of Meridian,which was adopted April 19,2011,Resolution No. 11-784 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 Chairman of the Commission and City Clerk and then a copy served by the Clerk
upon the applicant,the Planning Department,the Public Works Department and any affected
party requesting notice.
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). H-2022-0012
Page 1
Item 2. 36
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of May 19,2022, 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 Planning & Zoning Commission'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 conditional use permit is hereby approved in accord with the
conditions of approval in the staff report for the hearing date of May 19,2022,attached as Exhibit
A.
D. Notice of Applicable Time Limits
Notice of Two(2)Year 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 in accord with UDC 11-5B-6F.1.
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 in accord with UDC 11-5B-6F.2.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-5B-6.F.1,the Director may authorize a single extension of the time to commence the
use not to exceed one(1)two (2)year period.Additional time extensions up to two (2)years as
determined and approved by the Commission may be granted. With all extensions,the Director
or Commission may require the conditional use comply with the current provisions of Meridian
City Code Title 11.
E. Judicial Review
Pursuant to Idaho Code § 67-6521(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 19,2022
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). H-2022-0012
Page 2
By action of the Planning&Zoning Commission at its regular meeting held on the 2nd day of
June ,2022
COMMISSIONER ANDREW SEAL, CHAIRMAN VOTED
COMMISSIONER NICK GROVE,VICE CHAIRMAN VOTED
COMMISSIONER NATE WHEELER VOTED
COMMISSIONER STEVEN YEARSLEY VOTED
COMMISSIONER PATRICK GRACE VOTED
COMMISSIONER MARIA LORCHER VOTED
COMMISSIONER MANDI STODDARD VOTED
Andrew Seal, Chairman 6-2-2022
Attest:
Chris Johnson, City Clerk 6-2-2022
Copy served upon the Applicant,the Planning and Development Services divisions of the Community
Development Department,the Public Works Department and the City Attorney.
By: Dated: 6-2-2022
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). H-2022-0012
Page 3
�tem2. EXHIBIT A ■
STAFF REPORT E IDIANn-=-
COMMUNITY DEVELOPMENT DEPARTMENT A H O
HEARING 4/7/2022 Legend
DATE: Jt2 � fl
TO: Planning&Zoning Commission , LU
FROM: Alan Tiefenbach,Associate Planner
208-884-5533 w; D
SUBJECT: H-2022-0012
Amina's Daycare w
LOCATION: 4175 S. Leaning Tower Ave. - ------------
I. PROJECT DESCRIPTION
Conditional use permit to operate a group daycare for up to 12 children on 0.14 acre of land in the R-
8 zoning district.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 0.14 acres
Future Land Use Designation Medium Density Residential
Existing Land Use(s) SFR home
Proposed Land Use(s) SFR home with group daycare
Neighborhood meeting date;#of January 20,2022,no attendees
attendees:
History(previous approvals) AUP A-2020-0064 to allow for family daycare of up to 6
children
B. Community Metrics
Description Details Page
Ada County Highway District
• Staff report(yes/no) No
• Requires ACHD Commission No
Action es/no
Access(Arterial/Collectors/State One access from S.Leaning Tower Ave.via. S.Locust
Hwy/Local)(Existing and Proposed) Grove Rd.
Pagel
Item 2. ■
C. Project Area Maps
Future Land Use Map Aerial Map
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III. APPLICANT INFORMATION
A. Applicant/Owner:
Godelieve Mulonge—4175 S. Leaning Tower Ave,ID 83642
B. Representative:
Same as Applicant/Owner
Page 2
Item 2. 40
IV. NOTICING
Planning&Zoning
Posting Date
Newspaper notification
published 03/22/22
Radius notification mailed to
property owners within 300 feet 03/21/22
Public hearing notice sign posted
3/28/2022
on site
Nextdoor posting 3/21/2022
V. STAFF ANALYSIS
A. Future Land Use Map Designation(https://www.meridiancity.or /g compplan)
MDR(Medium Density Residential)—This designation allows for dwelling units at gross
densities of three to eight dwelling units per acre.
B. Comprehensive Plan Policies (https://www.meridiancity.or /g compplan):
• "Plan for and encourage services like health care,daycare, grocery stores and recreational
areas to be built within walking distance of residential dwellings."(2.01.01 C)
The existing and proposed daycare expansion is within walking distance of adjacent
residential homes.
C. Existing Structures/Site Improvements:
There is an existing home and associated improvements on this property.
D. Proposed Use Analysis:
The applicant is presently operating under an approved accessory use permit to run a family
daycare(6 or less children,AUP 2020-0064).A group daycare(7-12 children)is listed in UDC
Table 11-2A-2 as a conditional use in the R-8 zoning district. The applicant states the daycare
will operate from 6:30 AM to 7 PM on weekdays with outdoor playtime limited to one hour after
9AM and one hour after 1PM.
E. Specific Use Standards (UDC 11-4-3):
The specific use standards listed in UDC 11-4-3-9,Daycare Facility,applicable to the proposed
use are as follows:
A. General standards for all child daycare and adult care uses, including the classifications of
daycare center; daycare, family; and daycare,group:
1. In determining the type of daycare facility,the total number of children at the facility at
one time, including the operator's children, is the determining factor.
The Applicant's narrative states the plan is to have up to 12 children. The applicant is
already operating a family daycare (6 children or less, which is allowed as an accessory
use in the R-8 zoning district.), but wants to expand the use to allow up to 12 children.
2. On site vehicle pick up,parking and turnaround areas shall be provided to ensure safe
discharge and pick up of clients.
Page 3
Item 2. 41
The applicant states they presently provide and will continue to provide the
transportation for the children. However, the subject house does have a parking pad
which is approximately 30 feet wide which could provide an additional parking space for
pick up or drop off. Parking spaces are also available along the curb in front of the
house if needed.
Staff has received several letters from adjacent property owners stating there has been
parking, traffic and safety issues from the existing daycare. Staff visited the site in the
afternoon on a weekday. At that time, staff only observed two cars in front of the house
and no other cars parked on the public street. Pictures have been included as part of the
exhibit.
3. The decision-making body shall specify the maximum number of allowable clients and
hours of operation as conditions of approval.
The Applicant proposes an in-home group daycare for up to 12 children. The applicant
proposes to operate between 6:30 AM to 7PM.
4. The applicant or owner shall provide proof of criminal background checks and fire
inspection certificates as required by title 39, chapter 11, Idaho Code. Said proof shall be
provided prior to issuance of certificate of occupancy. The applicant or owner shall
comply with all State of Idaho and Department of Health and Welfare requirements for
daycare facilities.
This has been listed as a condition of approval.
5. In residential districts or uses adjoining an adjacent residence,the hours of operation shall
be between six o'clock(6:00)A.M. and eleven o'clock(11:00)P.M. This standard may be
modified through approval of a conditional use permit.
As mentioned above, the Applicant presently operates the family daycare between 6:30
AM and 7:00 PM on weekdays and this is not proposed to change.
6. All outdoor play areas shall be completely enclosed by minimum six foot(6)non-
scalable fences to secure against exit/entry by small children and to screen abutting
properties.
The outdoor play area will be in the backyard, which is surrounded by a 6 ft. tall fence.
7. Outdoor play equipment over six feet(6)high shall not be located in a front yard or
within any required yard.
All outdoor play activities will occur in a fenced backyard.
8. Outdoor play areas in residential districts adjacent to an existing residence shall not be
used after dusk.
As mentioned, the daycare will operate from 6:30 AM to 7:00 PM. Outdoor play will
occur one hour after 9AM and one hour after IPM.
F. Dimensional Standards(UDC 11-2):
Not Applicable
G. Access(UDC 11-3A-3, 11-3H--4):
Access is provided from S. Leaning Tower Ave. via S. Locust Grove Rd. According to the
applicant,they generally pick up and deliver the children, although occasionally it would be the
individual parent or guardian doing this.According to letters provided by residents,there are
Page 4
Item 2. ■
ongoing traffic,parking and safety issues associated with the daycare. As mentioned above, staff
did not observe these issues during a site visit.
H. Parking(UDC 11-3C):
Parking exists on the site in accord with the standards listed in UDC Table 11-3C-6 for a 4-
bedroom single-family dwelling.A total of three(3)garage spaces and a 30 ft. x 20 ft.parking
pad exist which exceeds UDC standards. On-street parking is also available (see exhibit in
Section VII.A). As mentioned above, citizens have commented there are ongoing parking issues
associated with the existing daycare.
I. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual):
A photo of the existing home on this property is included in Section VIII.C;no additions are
proposed with this application.
VI. DECISION
A. Staff:
Staff recommends approval of the proposed conditional use permit with the conditions in Section
VIII per the Findings in Section IX.
B. The Meridian Planning&Zoning Commission heard this item on May 19, 2022. At the public
hearing.the Commission moved to approve the subject conditional use permit request.
1. Summary of the Commission public hearin_e:
a. In favor:Nicholas O'Brvant
b. In opposition:None
C. Commenting:Nicholas O'Bryant
d. Written testimony:None
e. Staff presenting application: Alan Tiefenbach
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony_ .
a. None
3. Key issue(s)of discussion by Commission.
a. None
4. Commission change(s)to Staff recommendation:
a. None
Page 5
Item 2. F43
VII. EXHIBITS
A. Site Plan(dated: 2/18/2022)
Ada County Assessor '{
Main Level
1185.6 sf Second Floor
1551 .2 sf
m
n 6' b
ad �
Garage
�u ir
2.4 sf
f 4.5' Porch
f �!
! 135.8 sf
10' I2+
R6117160340
Page 6
Item 2. F44
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Page 7
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B. Existing Residence
IL
Page• -
Item 2. F46
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. Planning
1. The Applicant shall comply with the specific use standards listed in UDC 11-4-3-9 Daycare
Facilities, including but not limited to the following:
a. All outdoor play areas shall be completely enclosed by minimum six foot(6')non-
scalable fences to secure against exit/entry by small children and to screen abutting
properties.
b. Outdoor play equipment over six feet(6')high shall not be located in a front yard or
within any required yard.
c. Outdoor play areas in residential districts adjacent to an existing residence shall not be
used after dusk.
2. The maximum number of allowable clients at the facility at one time shall be limited to
twelve(12).
3. The daycare/pre-school shall not operate beyond the hours of 6:30 AM to 7:00 PM on
weekdays.
4. The applicant or owner shall provide proof of criminal background checks and fire
inspection certificates as required by title 39, chapter 11,Idaho Code prior to issuance of
Certificate of Occupancy. The applicant or owner shall comply with all State of Idaho and
Department of Health and Welfare requirements for daycare facilities.
B. Ada County Highway District(ACHD)
https:llweblink.meridiancity.oLvlWebLinkIDocView.aspx?id=254157&dbid=0&repo=MeridianC
Lty
C. NMID
https:llweblink.meridiancity.oLvlWebLinkIDocView.aspx?id=255745&dbid=0&repo=MeridianC
Lty
IX. FINDINGS
A. Conditional Use Permit
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.
Commission finds the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the R-8 zoning district.
2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord
with the requirements of this title.
Commission finds the proposed in-home group daycare will be harmonious with the
Comprehensive Plan in that it will provide a much-needed service for area residents within
walking distance of homes within the neighborhood.
Page 9
Item 2. 47
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.
This is a small in-home day-care in which the single-family home is the primary residence of the
applicant. Commission finds the operation of the proposed in-home daycare should be
compatible with the residential uses in the neighborhood and the existing and intended character
of the neighborhood and not adversely affect such.
4. That the proposed use, if it complies with all conditions of the approval imposed,will not
adversely affect other property in the vicinity.
If the proposed in-home daycare complies with the condition of approval in Section VII as
required, Commission finds the proposed use should not adversely affect other properties in the
vicinity.
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.
Because the site is within the City's Area of City Impact boundary and has been annexed into the
City and these services are already being provided to the existing home, Commission finds the
public facilities mentioned will be provided to the proposed use as well.
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.
Commission finds the proposed use should not create any additional costs for public facilities
and services and will not be detrimental to the economic welfare of the community.
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.
The present operation picks up and delivers children, and this will remain the same. There could
be occasional onsite pick up/drop off, but there is sufficient parking and staff finds it would not
be detrimental to the general welfare.
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)
Commission is unaware of any natural, scenic or historic features in this area; however,finds the
proposed use should not result in damage of any such features.
Page 10
Item 3. 48
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Findings of Fact, Conclusions of Law for Black Rock Coffee (H-2022-0019) by
Tamara Thompson of The Land Group, Inc., Located at 3300 S. Eagle Rd.
CITY OF MERIDIAN E IDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND ! ❑AHO
DECISION& ORDER
In the Matter of the Request for Conditional Use Permit for Black Rock Coffee,Located at 3300 S.
Eagle Rd in the C-C Zoning District,by Tamara Thompson,the Land Group.
Case No(s).H-2022-0019
For the Planning& Zoning Commission Hearing Date of: May 19,2022 (Findings on June 2, 2022)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of May 19,2022, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of May 19,2022, incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of May 19, 2022,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of May 19,2022,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 Planning&Zoning Commission takes judicial notice of its Unified Development
Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has,by ordinance, established the Impact Area and the Amended Comprehensive Plan
of the City of Meridian,which was adopted April 19,2011, Resolution No. 11-784 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 Chairman of the Commission and City Clerk and then a copy served by the Clerk
upon the applicant,the Planning Department,the Public Works Department and any affected
party requesting notice.
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). H-2022-0019
Page 1
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of May 19,2022, 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 Planning & Zoning Commission'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 conditional use permit is hereby approved in accord with the
conditions of approval in the staff report for the hearing date of May 19,2022,attached as Exhibit
A.
D. Notice of Applicable Time Limits
Notice of Two(2)Year 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 in accord with UDC 11-5B-6F.1.
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 in accord with UDC 11-5B-6F.2.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-5B-6.F.1,the Director may authorize a single extension of the time to commence the
use not to exceed one(1)two (2)year period.Additional time extensions up to two (2)years as
determined and approved by the Commission may be granted. With all extensions,the Director
or Commission may require the conditional use comply with the current provisions of Meridian
City Code Title 11.
E. Judicial Review
Pursuant to Idaho Code § 67-6521(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 19,2022
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). H-2022-0019
Page 2
By action of the Planning&Zoning Commission at its regular meeting held on the 2nd day of
June ,2022
COMMISSIONER ANDREW SEAL, CHAIRMAN VOTED
COMMISSIONER NICK GROVE,VICE CHAIRMAN VOTED
COMMISSIONER NATE WHEELER VOTED
COMMISSIONER STEVEN YEARSLEY VOTED
COMMISSIONER PATRICK GRACE VOTED
COMMISSIONER MARIA LORCHER VOTED
COMMISSIONER MANDI STODDARD VOTED
Andrew Seal, Chairman 6-2-2022
Attest:
Chris Johnson, City Clerk 6-2-2022
Copy served upon the Applicant,the Planning and Development Services divisions of the Community
Development Department,the Public Works Department and the City Attorney.
By: Dated: 6-2-2022
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). H-2022-0019
Page 3
,tem 3. EX H I BIT A
STAFF REPORT E IDIANn-=-
COMMUNITY DEVELOPMENT DEPARTMENT A H O
HEARING 5/19/2022 Legend - -- -
DATE:
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TO: Planning&Zoning Commission 0-
FROM: Alan Tiefenbach,Associate Planner
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SUBJECT: H-2022-0019I FL
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Black Rock Coffee CUP
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LOCATION: 3300 S. Eagle Rd LL
At the southeast corner of S. Eagle Rd
and E. Victory Rd.
I. PROJECT DESCRIPTION
This is a request for a Conditional Use Permit to allow a drive through establishment within 300 feet
of an existing residence and another drive through facility on 0.84 acres in the C-C zoning district.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 0.84 acres
Future Land Use Designation Mixed Use Community
Existing Land Use(s) Vacant
Proposed Land Use(s) Drive through establishment(coffee shop)
Lots(#and type;bldg./common) 1
Phasing Plan(#of phases) 1
Physical Features(waterways, None
hazards,flood plain,hillside)
Neighborhood meeting date;#of 1/26/22—4 in attendance
attendees:
History(previous approvals) AZ-008-007,PP-08-006,ALT-08-012,H-2016-0029
Page 1
Item 3. F53
B. Community Metrics
Description Details Page
Ada County Highway District
• Staff report(yes/no) No
• Requires ACHD Commission No
Action es/no
• Traffic Impact Stud es/no No
Access(Arterial/Collectors/State S.Eagle Rd and E.Victory Rd
Hwy/Local)(Existing and Proposed)
Stub Street/Interconnectivity/Cross Cross access is provided with the remainder of the Shops at
Access Victory Center to the north
Existing Road Network S.Eagle Rd and E.Victory Rd
Existing Arterial Sidewalks/ There are existing 5 ft sidewalks and 25 ft.wide buffers
Buffers along S.Eagle Rd and E.Victory Rd.
Proposed Road Improvements None
Fire Service
• No comments
Police Service
• No comments
Wastewater
• Flow is committed
• Site is subject to a reimbursement agreement with the City for water and sewer that was
installed.
Water
• Site is subject to a reimbursement agreement with the City for water and sewer that was
installed.
C.Project Area Maps
Future Land Use Map Aerial Map
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Zoning Map Planned Development Map
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III. APPLICANT INFORMATION
A. Applicant/Representative:
Tamara Thompson,the Land Group—462 E. Shore Dr, Ste 110,Eagle, ID 83616
B. Owner:
Ken Lenz,WL Victory Crossing,LLC—PO Box 1277,Boise,ID 83701
IV. NOTICING
Planning&Zoning City Council
Posting Date Posting Date
Notification published in
newspaper 5/3/2022
Notification mailed to property
owners within 500' 4/27/2022
Applicant posted public hearing
notice sign on site 5/9/2022
Nextdoor posting 4/27/2022
V. STAFF ANALYSIS
This is a proposal for a conditional use to allow a drive through coffee shop within 300 feet of an
existing residence and within 300 feet of another drive through establishment.
The property is 0.84 acres in area, is zoned C-C and is one of the three commercial lots comprising
the Shops at Victory Development which was annexed in 2008 (AZ-008-007,PP-08-006,DA instr.
111032845). The Development Agreement allows all uses allowed in the C-C zoning district,with
hours of operation limited to 6am to 1 Opm. A conditional use permit was also approved with the
annexation to allow a Rite-Aid with a drive through establishment within 300 feet of a residential
zone district on Lot 2 (northernmost lot adjacent to the S. Eagle Rd/E. Victory Rd intersection).
Page 3
Item 3. 55
Alternative Compliance was approved as part of the annexation to allow a residential buffer with
widths as little as 10 feet where 25 feet is required along the south and eastern property line,with a
condition that a 6 ft tall verti-crete wall be constructed within the reduced buffer. The final plat for
this property was completed in 2016 after four time-extensions were approved(H-2016-0029). The
CZC for the Rite Aid was approved in 2015 (A-2015-0061)with construction occurring in 2016.
The present proposal is to allow a 1,975 sq. ft. drive through coffee shop on Lot 1 (southernmost lot).
Because the proposed drive-through is within 300 feet of both the existing Rite Aid drive through
establishment and an existing residence, a conditional use permit is required per UDC 11-4-3-11.
A. Future Land Use Map Designation(https:llwww.meridiancitE.or lccoompplan)
This site is designated as "Mixed Use-Community" on the Comprehensive Plan Future Land Use
Map. 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 tend 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 be of the variety that people will mainly travel by car to,but also walk or bike to(up
to three or four miles).
During the annexation of the Shops at Victory development it was determined the C-C zoning
and the types of uses allowed would generally conform to this designation. The property is within
a small-scale commercial center which presently includes a Rite Aid and one additional
commercial lot, adjacent to existing residential on two sides, and across the street(south) of the
Inglewood Place Senior Housing Development and another drive through coffee shop(Inglewood
Coffee Shop Drive through, CUP H-2021-0073). A drive-through coffee shop and restaurant is a
use determined to be appropriate in this zone district as well as the existing Development
Agreement, subject to the specific use standards listed in UDC 11-4-3-11 and restaurant specific
use standards in UDC 11-4-3-49.
B. Comprehensive Plan Policies (https:llwww.meridianciU.or /g compplan):
Goals, Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be
applicable to this application and apply to the proposed use of this property(staff analysis in
italics):
• Encourage infill development. (3.03.01E)
The Comprehensive Plan defines infill as "development on vacant parcels, or redevelopment
of existing parcels to a higher and better use that is surrounded by developed property within
the City of Meridian." The subject property is a vacant lot in an existing commercial center
which allows this use, surrounded by existing development on all sides. The property has
available water and sewer. This project would be considered infill development.
• Preserve private property rights and values by enforcing regulations that will prevent and
mitigate against incompatible and detrimental neighboring uses. (3.05.01 C)
The conditional use is a process to ensure any impacts associated with a particular use are
mitigated. Restaurants and drive-through establishments are principally permitted uses in the
C-C zone district.
The applicant has proposed outdoor speakers located at the east portion of the site,
approximately 200 feet from the existing residence at 3300 E. Falcon Dr. Staff did initially
express concerns about this placement and requested the applicant submit information
Page 4
Item 3. ■
regarding the decibel level that is anticipated from the property line. The applicant submitted
information that indicated decibel level would be approximately 36 decibels at 16 feet from
the speaker, whereas the speaker is approximately 50 ft.from the property line.
The property owner in the adjacent residence to the east submitted a letter in support stating
the applicant had been very receptive to all their requests with the initial development, they
had installed a verti-crete fence along their property line that was higher quality than would
have been required, ensured lighting impacts were mitigated and expressed their faith that
the applicant's choice of location was acceptable.
• Require appropriate building design, and landscaping elements to buffer, screen,beautify,
and integrate commercial,multifamily, and parking lots into existing neighborhoods.
(5.01.02D)
A landscape plan has been submitted with this application that appears to meet the
requirements of UDC 11-3B. Building design and landscaping will be reviewed as part of the
Certificate of Zoning Compliance(CZQ and administrative design review that would follow
this proposal if it were approved.
C. Existing Structures/Site Improvements:
The site is presently vacant. There is an existing Rite Aid on Lot 2 to the north.
D. Proposed Use Analysis:
The proposed use is a drive through coffee kiosk(restaurant)with the hours limited to 6AM to
1 OPM by the development agreement. This use is allowed by right within the C-C zone district
subject to the specific use standards listed in UDC 11-4-3-11 and UDC 11-4-3-49. Because the
drive through is within 300 feet of another drive through(Rite Aid)and an existing residential
use, conditional use permit approval as required.
E. Specific Use Standards (UDC 11-4-3):
A"Drive-Through Establishment"is subject to specific use standards as outlined in UDC 11-4-3-
11 as follows:
1. All establishments providing drive-through service shall identify the stacking lane,menu and
speaker location(if applicable), and window location on the certificate of zoning compliance
or the conditional use permit.
The concept site plan submitted with this application identifies the location of the stacking
lane, and window location.
2. A site plan shall be submitted that demonstrates safe pedestrian and vehicular access and
circulation on the site and between adjacent properties.At a minimum the plan shall
demonstrate compliance with the following standards:
a. Stacking lanes shall have sufficient capacity to prevent obstruction of driveways, drive
aisles, and the public right-of-way by patrons.
The concept plan shows the stacking lane is a separate lane from the drive aisles and
parking which provides access to the rest of the development. If there was additional or
excessive overflow from the drive through lane which does sometimes occur from drive-
through establishments at peak times, it would stack into the parking lot to the west, not
into S. Eagle. Rd.
Page 5
Item 3. 57
b. The stacking lane shall be a separate lane from the circulation lanes needed for access
and parking, except stacking lanes may provide access to designated employee parking.
The stacking lane is a separate lane from the circulation lanes at the west needed for
access and parking.
c. The stacking lane shall not be located within ten(10)feet of any residential district or
existing residence.
The stacking lane is approximately 20 ft.from the nearest residential district and more
than I SO ft.from the closest residence.
d. Any stacking lane greater than one hundred 100 feet in length shall provide for an escape
lane.
The stacking lane provides an escape lane which parallels the stacking land and allows
an exit into the drive aisles for the Rite Aid to the north.
e. The site should be designed so that the drive-through is visible from a public street for
surveillance purposes.
The drive-through window is oriented to the north, which allows visibility from S. Eagle
Rd.
f. The applicant shall provide a six-foot sight obscuring fence where a stacking lane or
window location adjoins a residential district or an existing residence.
There is already a 6 ft. high verti-crete fence installed at the east of the stacking lane
where the existing residence is located.
The drive through establishment is also considered a restaurant. Per the specific use standards in
UDC 11-4-3-49, a restaurant is required to provide a minimum of one(1)parking space for every
two hundred fifty(250) square feet of gross floor area. As discussed below, adequate parking has
been provided.
F. Dimensional Standards(UDC 11-2):
Dimensional standards in the Community Business District(C-C) include a 25' landscape buffer
adjacent to arterial roads, 10' buffer adjacent to local roads and a maximum building height of
50'. There are no front, side or rear setbacks in this zone district. The proposed drive through
facility meets these dimensional standards and the landscape buffers are already existing. Because
this use is directly adjacent to residential uses, a 25 ft wide residential buffer is required. As
mentioned above, alternative compliance was approved for lesser residential buffer with the
annexation.
G. Access(UDC 11-3A-3):
The Shops at Victory development was approved with two access points from Eagle
Road and two access points from Victory Road. Each road has one right-in-right-out access and
one full access. All accesses and associated road improvements have already been constructed,
with two remaining vacant pad sites primed for development.
Access to this development will occur from S. Eagle Rd into an existing parking lot and drive
aisle and run along a one-way drive-aisle in a counter-clockwise direction. Cars will enter the site
and will either park in a lot or continue along a"u-shaped" 10' wide drive aisle to the coffee
kiosk and exit back to the same parking lot/drive aisle. There is also an escape lane paralleling
Page 6
Item 3. 58
the stacking lane for cars that have already entered the drive-though aisle. It does appear the drive
aisle between the parking and the stacking lane is at least 25 ft. in width as required per UDC 1I-
3C-5,but this width is not dimensioned on the plans. Staff has added this as a recommended
condition of approval.
H. Parking(UDC 11-3C):
The subject property is within the C-C Zone District.UDC 11-3C-6 requires one off-street
vehicle parking space for every 500 square feet of gross floor area in commercial districts. The
total building square footage which was depicted on the concept plan with the Shops at Victory
annexation was 29,910. Based on this amount, 60 parking stalls would be required. 133 parking
stalls have already been constructed,which significantly exceeded the parking requirements.
A drive through coffee establishment is considered a restaurant. Per the specific use standards for
a restaurant per UDC 11-4-3-49,parking is based on one (1)parking space per 250 square feet of
gross floor area. With a square footage of approximately 1,975 sq. ft. for the kiosk, eight parking
spaces are required for this use. The site plan indicates 17 parking spaces on the subject property
directly adjacent to the coffee kiosk as well as 2 bicycle spaces.
1. Sidewalks (UDC 11-3A-17):
8 ft. wide attached sidewalks exist along S. Eagle Rd and E. Victory Rd. There is an additional 8
ft. wide pedestrian walkway from the S. Eagle Rd sidewalk stubbing to the subject pad. The site
plan and landscape plan show the coffee establishment connecting to this walkway. However,the
pedestrian walkway shows striping where it crosses the stacking lane. Per the structure and site
design standards of 11-3A-19, all internal pedestrian walkways shall be distinguished from the
vehicular driving surfaces through the use of pavers,colored or scored concrete, or bricks.
J. Landscaping(UDC 11-3B):
Landscape buffers and a residential buffer were installed with the Shops at Victory Final Plat.
This subject development proposes additional parking lot islands and drive aisle landscaping that
exceeds the requirements of UDC 11-3B-8.
K. Fencing(UDC 11-3A-6, I1-3A-7):
There is an existing 6 ft high verti-crete wall installed along the south and west property line. This
was required as a condition of approval with the Shops at Victory development to allow
alternative compliance from the required 25 ft. residential buffer width to allow portions of the
buffer to be reduced to as little as 10 ft. in width.
L. Utilities(UDC I1-3A-21):
All utilities for the proposed development are already in place.No additional services are needed.
M. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual):
The applicant submitted conceptual elevations with this conditional use application. The
elevations show architecture similar to most of the kiosks in this franchise,with materials
consisting of brick,preflnished and corrugated metal and several types of stone veneer.
Overall,the proposed architecture is good quality,but additional treatment may be required to
completely comply with the Architectural Standards Manual, such as at least two field materials
(neither of which should not be metal paneling). Proposed elevations will be reviewed in detail at
the time of Certificate of Zoning Compliance(CZC) and Design Review(DES) submittal.
Page 7
Item 3. 59
VI. DECISION
A. Staff:
Staff recommends approval of the proposed conditional use permit with the conditions in Section
VIII per the Findings in Section IX.
B. The Meridian Planning&Zoning Commission heard this item on May 19, 2022. At the public
hearing,the Commission moved to approve the subject conditional use permit request.
1. Summary of the Commission public hearing:
a. In favor: Jeff Huber.Applicant
b. In opposition:None
c. Commenting:None
d. Written testimony: Bob Aldridge
e. Staff presenting application: Alan Tiefenbach
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. Bob Aldridge commented that he was the adjacent neighbor,that the developer had
"bent over backwards"to address all his issues with the initial development of the
center. and that he was confident he would have no concerns with the result.
3. Key issue(s)of discussion by Commission.
a. None
4. Commission change(s)to Staff recommendation:
a. None
Page 8
Item 3. 60
VII. EXHIBITS
A. Site Plan(date: 5/9/2022)
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Item 3. F62
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Page 11
Item 3. 63
VII. CITY/AGENCY COMMENTS & CONDITIONS
A. Planning
I. A Certificate of Zoning Compliance and administrative design review application is required to
be submitted to the Planning Division and approved prior to submittal of building permit
applications. The applicant will either meet all architectural requirements of the Architectural
Standards Manual(ASM)or apply for a design exception as part of the CZC submittal.
2. The Applicant shall have a maximum of two(2)years to commence the use as permitted in
accord with the conditions of approval listed above. If the use has not begun within two (2)years
of approval, a new conditional use permit must be obtained prior to operation or a time extension
must be requested in accord with UDC 11-5B-6F.
3. Hours of operation are limited from 6AM to 1 OPM per the recorded development agreement
unless otherwise modified.
4. All drive aisles shall meet the requirements of UDC 11-3C-5.
5. The site plan prepared by the Land Group,dated May 9,2022, is approved as submitted.
6. The landscape plan prepared by the Land Group,dated May 9,2022, is approved as submitted.
7. The architectural elevations prepared by HFA Associates LTD, dated March 03,2022, are
generally approved as submitted but additional revisions may be necessary at time of CZC as
described in Section V.M.
8. Parking requirements associated with the drive through coffee kiosk shall comply with the
commercial parking standards; 1 per 250 square feet of gross floor area.
9. Per the site-specific standards of UDC 11-3A-19-13, all internal pedestrian walkways shall be
distinguished from the vehicular driving surfaces through the use of pavers, colored or scored
concrete, or bricks.
10. The Applicant shall comply with all bulk,use, and development standards of the applicable
district listed in UDC Chapter 2 District regulations.
11. The Applicant shall comply with the outdoor service and equipment area standards as set forth in
UDC 11-3A-12.
12. The Applicant shall comply with the structure and site design standards as set forth in UDC 1I-
3A-19 and the Architectural Standards Manual.
13. The applicant shall comply with standards and installation for landscaping as set forth in UDC
11-3B-5 and maintenance thereof as set forth in UDC I I-3B-13.
14. The applicant shall comply with the specific use standards for a drive through establishment and a
restaurant as set forth in UDC 11-4-3-11 and 11-4-3-49.
15. The project is subject to all current City of Meridian ordinances and previous conditions of
approval associated with this site(AZ 08-007,PP-08-006,ALT-08-012,DA Instr. #111032845,
FP 2016-0029).
B. Public Works
1. This site is subject to a reimbursement agreement with the city for the water and sewer mains that
were previously installed.
Page 12
Item 3. 64
C.Boise Project Board of Control
https:llweblink.meridiancioy.orjzlWebLinkIDocView.aspx?id=257268&dbid=0&repo=Meridian City
D. NMID
https:llweblink.meridiancitE.ory WWebLinkIDocView.aspx?id=258432&dbid=0&repo=MeridianCioy&c
r=1
VIII. FINDINGS
A. Conditional Use Permit
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.
The site meets all dimensional and development regulations of the C-C zoning district. The site
already contains landscape buffers,parking is adequate, and the parking area will be landscaped
as required by UDC 11-3B-8. Commission finds the site is large enough to accommodate the
proposed use.
2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord
with the requirements of this title.
Commission finds the proposed drive through coffee kiosk will be harmonious with the
Comprehensive Plan per the analysis in Section V of this staff report.
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.
The subject site is within a commercially zoned area. Directly north of the property is a Rite Aid,
across E. Victory Rd to the north is another drive through coffee establishment, a daycare and
senior housing complex is planned, and there are residential uses across S. Eagle Rd to the west.
Although there is an existing single family residential directly adjacent to the property at the
south and east, the applicant worked with this property owner during the initial development of
the Shops at Victory development, installed a verti-crete fence to mitigate impacts, and the owner
of the residential property has written a letter in support of this project. There already existing
landscape buffers along S. Eagle Rd., E. Victory Rd, there is a (reduced) residential buffer to the
south and east, and internal parking lot landscaping meets the requirements of UDC 11-3B.
Architecture will be required to meet the Architectural Design Manual(ASM) at time of
Certificate of Zoning Compliance (CZC).
4. That the proposed use, if it complies with all conditions of the approval imposed,will not
adversely affect other property in the vicinity.
As discussed above, the proposed use will not adversely affect other property in the vicinity.
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.
The proposed use will be served adequately by all public facilities and services.
Page 13
Item 3. ■
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.
Commission finds the proposed use should not create any additional costs for public facilities
and services and will not be detrimental to the economic welfare of the community.
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.
This proposal is for a drive through establishment that will operate between 6AM and IOPM in
an area zoned for commercial uses, at a minimum of 200 feet from the nearest residence, on a
high intensity commercial arterial intersection within an approved commercial development. The
proposed facility is appropriate in this location.
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, ef£ 9-15-2005)
Commission is unaware of any natural, scenic, or historic features on this site; thus, Staff finds
the proposed use should not result in damage of any such features.
Page 14
Item 4. 66
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Findings of Fact, Conclusions of Law for Peak at Sawtooth Village (H-2022-
0026) by JGT Architecture, Located at 4752 N. Linder Rd.
CITY OF MERIDIAN V IDIAN;_--
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND ! DAHO
DECISION& ORDER
In the Matter of the Request for Conditional Use Permit for a Drive-Through Establishment within
300-Feet of another Drive-Through Facility, an Existing Residence and Residential District in the
C-N Zoning District,Located at 4752 N.Linder Rd.,by JGT Architecture.
Case No(s).H-2022-0026
For the Planning& Zoning Commission Hearing Date of. May 19,2022 (Findings on June 2,2022)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of May 19,2022, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of May 19, 2022,incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 19, 2022,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of May 19,2022, 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 Planning&Zoning Commission takes judicial notice of its Unified Development
Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has,by ordinance, established the Impact Area and the Amended Comprehensive Plan
of the City of Meridian,which was adopted April 19,2011,Resolution No. 11-784 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 Chairman of the Commission and City Clerk and then a copy served by the Clerk
upon the applicant,the Planning Department,the Public Works Department and any affected
party requesting notice.
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). H-2022-0026
Page 1
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of May 19,2022,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 Planning&Zoning Commission'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 conditional use permit is hereby approved in accord with the
conditions of approval in the staff report for the hearing date of May 19,2022,attached as Exhibit
A.
D. Notice of Applicable Time Limits
Notice of Two(2)Year 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 in accord with UDC 11-5B-6F.1.
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 in accord with UDC 11-5B-6F.2.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-5B-6.F.1,the Director may authorize a single extension of the time to commence the
use not to exceed one(1)two (2)year period.Additional time extensions up to two (2)years as
determined and approved by the Commission may be granted. With all extensions,the Director
or Commission may require the conditional use comply with the current provisions of Meridian
City Code Title 11.
E. Judicial Review
Pursuant to Idaho Code § 67-6521(1)(d),if this final decision concerns a matter enumerated in Idaho
Code § 67-652 1(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 19, 2022
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). H-2022-0026
Page 2
By action of the Planning&Zoning Commission at its regular meeting held on the 2nd day of
June ,2022.
COMMISSIONER ANDREW SEAL, CHAIRMAN VOTED
COMMISSIONER NICK GROVE,VICE CHAIRMAN VOTED
COMMISSIONER NATE WHEELER VOTED
COMMISSIONER STEVEN YEARSLEY VOTED
COMMISSIONER PATRICK GRACE VOTED
COMMISSIONER MARIA LORCHER VOTED
COMMISSIONER MANDI STODDARD VOTED
Andrew Seal, Chairman 6-2-2022
Attest:
Chris Johnson, City Clerk 6-2-2022
Copy served upon the Applicant,the Planning and Development Services divisions of the Community
Development Department,the Public Works Department and the City Attorney.
By: Dated: 6-2-2022
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). H-2022-0026
Page 3
item 4. EXHIBIT A ■
E STAFF
N --
STAFF REPORT .►a H o
COMMUNITY DEVELOPMENT DEPARTMENT
f /
HEARING 5/19/2022
DATE: Legend
-----�
I�Project Lorca i�ar
TO: Planning&Zoning Commission
FROM: Sonya Allen,Associate Planner
208-884-553371
°
SUBJECT: H-2022-0026 li�4Cli+VIL '�
Peak at Sawtooth Village—CUP --
LOCATION: Generally located at the southeast corner
of N. Linder Rd. and W. McMillan Rd. at _
4752 N. Linder Rd. (Lot 26,Block 1, J
McLinder Subdivision No. 2), in the NW '-Lo
1/4 of Section 36,T.4N., R.1W. 4v
I. PROJECT DESCRIPTION
Conditional Use Permit(CUP) for a drive-through establishment within 300 feet of another drive-
through facility, a residential district and existing residences on 0.93-acre of land in the C-N zoning
district.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 0.93-acre
Future Land Use Designation Mixed Use—Neighborhood(MU-N)
Existing Land Use Vacant/undeveloped land IF
Proposed Land Use(s) Restaurant with a drive-through
Current Zoning Neighborhood Business District(C-N)
Physical Features(waterways, The Lemp Canal runs along the northern boundary of this
hazards,flood plain,hillside) site.
Neighborhood meeting date;#of 4/11/22
attendees:
History(previous approvals) AZ-13-010;PP-13-022;CUP-13-010(McLinder
Sub./Sawtooth Village—Development Agreement Inst.
#1140203 72);FP-15-001
Page 1
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nem 4. EXHIBIT A F72
C. Representative:
Same as Applicant
IV. NOTICING
Planning& Zoning
Posting Date
Newspaper Notification 5/3/2022
Radius notification mailed to 4/27/2022
properties within 300 feet
Site Posting Date 5/9/2022
Next Door posting 4/27/2022
V. STAFF ANALYSIS
The Applicant proposes to construct a 4,846 square foot(s.f.)building with three(3)tenant spaces
and a drive-through on the westerly 2,200 s.f,tenant space for a restaurant on a 0.93-acre property in
the C-N zoning district. The proposed tenant intends for the drive-through to be more of a pick-up
location where customers would order ahead through a mobile app rather than ordering from a
speaker or window;no speaker or menu board is proposed at this time.
A restaurant is listed as a principal permitted use in the C-N zoning district per UDC Table I1-2B-2,
subject to the specific use standards listed in UDC 11-4-3-49. A drive-through requires approval of a
conditional use permit when it's within 300-feet of another drive-through facility, an existing
residence or a residential district per 11-4-3-11A.1. In this case,all three apply; a drive-through exists
on the adjacent property to the south and residential uses exist kitty corner to this site to the southeast
in the R-15 zoning district.
The proposed use and development plan is in substantial conformance with the provisions in the
existing Development Agreement(Inst. Al14020372).
Specific Use Standards:
Drive-Through Establishment: The proposed drive-through establishment is subject to the
specific use standards listed in UDC 11-4-3-11,Drive-Through Establishment.All establishments
providing drive-through service are required to identify the stacking lane,menu and speaker
location(if applicable),and window location on the site plan. The site plan is also required to
demonstrate safe pedestrian and vehicular access and circulation on the site and between adjacent
properties.At a minimum,the plan is required to demonstrate compliance with the following
standards: Staffs analysis is in italics.
1) Stacking lanes have sufficient capacity to prevent obstruction of driveways,drive aisles
and the public right-of-way by patrons;
The stacking lane will accommodate approximately five(S) vehicles, which the Applicant
believes will be sufficient for their use/business model. Staff is concerned if the stacking lane
backs up,the drive-aisle on the north side of the building may obstruct vehicles trying to enter
or exit the parking spaces in that area.Also, while the proposed stacking lane may
Page 3
EXHIBIT A F73
accommodate the proposed user, it may not be able to accommodate future users that may be
more intense without obstructing the drive aisle and parking on the north side of the building.
2)The stacking lane shall be a separate lane from the circulation lanes needed for access and
parking, except stacking lanes may provide access to designated employee parking.
The stacking lane is a separate lane from the circulation lanes needed for access and parking on
the west side of the building; however, if stacking backs up around the north side of the building
it could obstruct parking in that area.
3)The stacking lane shall not be located within ten(10) feet of any residential district or existing
residence;
The stacking lane is not located within 10'of any residential district or residence.
4)Any stacking lane greater than one hundred(100) feet in length shall provide for an escape
lane; and
The stacking lane exceeds 100'in length and an escape lane is proposed.
5)The site should be designed so that the drive-through is visible from a public street for
surveillance purposes.
The drive-through is visible from N. Linder Rd. and W. McMillan Rd.,public streets along the
west and north boundaries of the site,for surveillance purposes.
Based on the above analysis, Staff deems the proposed drive-through in general compliance
with the specific use standards as required.If the Commission doesn't feel there is adequate
stacking area to accommodate vehicles in the drive-through without obstructing the drive
aisle needed for circulation and parking on the north side of the building, revisions may be
required to the site design.
Restaurant: The proposed use is also subject to the specific use standards listed in UDC 11-4-3-
49 Restaurant,which requires at a minimum, one(1)parking space to be provided for every 250
square feet of gross floor area.
Hours of Operation: The hours of operation are restricted to 6:00 am to 10:00 pm in the C-N zoning
district per UDC 11-2B-3B.
Dimensional Standards: Future development should be consistent with the dimensional standards
listed in UDC Table 11-2B-3 for the C-N zoning district.
Access: Access is proposed via internal drive aisles in McLinder Subdivision from existing off-site
accesses on Linder and McMillan Roads. Direct lot access via N. Linder Rd. and W.McMillan Rd. is
not proposed and is prohibited.
Parking: As noted above,UDC 11-4-3-49 includes specific parking standards for restaurants of
which the site plan demonstrates compliance. A minimum of 19 off-street parking spaces would be
required if the entire structure were to be used as a restaurant; a total of 33 spaces are proposed,
which exceeds the minimum standard.
A minimum of one(1)bicycle parking space is required to be provided for every 25 vehicle spaces or
portion thereof per UDC 11-3C-6G;bicycle parking facilities are required to comply with the location
and design standards listed in UDC 11-3C-5C. A bicycle rack is proposed on the north side of the
building which can accommodate two (2)bicycles and complies with these standards.
Pedestrian Walkways: Where pathways cross vehicular driving surfaces,they're required to be
distinguished from the vehicular driving surface through the use of pavers,colored or scored
concrete,or bricks as set forth in UDC 11-3A-19B.4.The site/landscape plan submitted with the
Page 4
nem 4. EXHIBIT A F74
Certificate of Zoning Compliance application should reflect compliance with this standard—the
proposed striping of the crosswalk is not allowed and should be revised to comply with this
standard.
Landscaping: Street buffer landscaping was installed within the street buffers along N. Linder Rd.
and W.McMillan Rd.with the subdivision improvements.
Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-3B-
8C. The plan reflects compliance with these standards.
Sidewalks: Sidewalks exist along N. Linder Rd. and W. McMillan Rd. on this site.An attached
sidewalk exists along Linder and a detached sidewalk exists along McMillan. The UDC requires
detached sidewalks to be constructed along all arterial streets; however,because the sidewalk along
Linder was constructed with ACHD's road widening project and is in good condition, Staff does not
recommend it's removed and reconstructed as a detached sidewalk.
Waterways: The Lemp Canal runs along the northern boundary of this site along W. McMillan Rd.
and was piped with the subdivision improvements(Inst. #2015-010111). The building is proposed to
be located outside of the easement.
Easements: There are several existing easements on this lot; see the subdivision plat for more
information(i.e. McLinder Subdivision No. 2). The site/landscape plan should be revised to depict
all easements that exist on the site.Any encroachments within existing easements should be
permitted through the easement holder.
Mechanical Equipment: All mechanical equipment on the back of the building and outdoor service
and equipment should be incorporated into the overall design of buildings and landscaping so that the
visual and acoustic impacts of these functions are fully contained and out of view from adjacent
properties and public streets as set forth in UDC 11-3A-12.
Building Elevations: Conceptual building elevations were submitted as shown in Section VII.0 that
incorporate a mix of materials consisting of horizontal hardboard siding, stone veneer and glazing.
The final design shall be consistent with the design standards listed in the Architectural Standards
Manual.
Certificate of Zoning Compliance&Design Review: A Certificate of Zoning Compliance and
Design Review application is required to be submitted for the proposed use prior to submittal of a
building permit application to ensure consistency with the conditions in Section VIII,UDC standards
and design standards.
VI. DECISION
A. Staff:
Staff recommends approval of the proposed conditional use permit with the conditions included
in Section VIII per the Findings in Section IX.
B. The Meridian Planning&Zoning Commission heard this item on May 19, 2022. At the public
hearing.the Commission moved to approve the subject CUP request.
1. Summary of the Commission public hearing:
a. In favor: Tom Bevan.Applicant
b. In opposition:None
c. Commenting None
d. Written testimony: Mary Murphy.Applicant(in agreement with staff report conditions)
e. Staff presenting application: Sonya Allen
f. Other Staff commenting on application:None
Page 5
nem 4. EXHIBIT A F75
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by Commission:
a. The nature of the proposed use and business model and the adequacy of the stacking
lane for the drive-through for this business as well as future businesses in this location.
4. Commission change(s)to Staff recommendation:
a. Include a condition that restricts the site from having a menu board and speaker in an
effort to keep traffic in the drive-through to a minimum,without approval from the Citv
through a modification to the CUP..
Page 6
nem 4. EXHIBIT A F76
VII. EXHIBITS
A. Proposed Site Plan(dated: 4/12/2022)
KEY PLAN VIGNNTY PLAN
W.McMILLAN RD.
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Page 7
item 4. EXHIBIT A F77
B. Proposed Landscape Plan(dated: 4/12/2022)
NOTE:ALL EXISTING TREES TO SHALL BE PROVIO EO WITH
LANDSCAPE CALCULATIONS TABLE TEMPORARY FENCING AROUND DRIP LINE FOR
- PROTECTION DURING CONSTRUCTION
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Page 8
nem 4. EXHIBIT A F78
C. Building Elevations(dated: 4/12/22)
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Page 9
item 4. EXHIBIT A F79
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING
1. Future development of this site shall comply with the previous conditions of approval and
terms of the existing Development Agreement and the conditions contained herein [AZ-13-
010; PP-13-022; CUP-13-010(McLinder Sub./Sawtooth Village—Development Agreement
Inst. #114020372); FP-15-001].
2. The site plan and landscape plan submitted with the Certificate of Zoning Compliance
application shall be revised as follows:
a. The stacking lane, menu and speaker location(s),and window location shall be depicted
in accord with UDC 11-4-3-IIB.
b. All mechanical equipment on the back of the building and outdoor service and equipment
areas should be incorporated into the overall design of buildings and landscaping so that
the visual and acoustic impacts of these functions are fully contained and out of view
from adjacent properties and public streets as set forth in UDC 11-3A-12.
c. The pathway from the perimeter sidewalk along W. McMillan Rd.to the main building
entrance shall be distinguished from the vehicular driving surface through the use of
pavers, colored or scored concrete, or bricks as set forth in UDC 11-3A-19B.4b.
d. Depict all easements that exist on the subject lot per the recorded plat(McLinder
Subdivision No. 2). Any encroachments within existing easements should be permitted
through the easement holder.
e. Depict signage at the southern driveway access on the east side of the site prohibiting
entry in that location due to it being a one-way drive aisle and paint an arrow signifying
one-way traffic on the drive-aisle.
3. Compliance with the standards listed in UDC 11-4-3-11 —Drive-Through Establishment and
11-4-3-49—Restaurant is required.
4. Direct access via N. Linder Rd. and W. McMillan Rd. is prohibited.
5. The business hours of operation are restricted to 6:00 am to 10:00 pm in the C-N zoning district
per UDC 11-2B-3B.
6. Install signage on the east side of the site at the entrance to the southern driveway prohibiting
access at that location due to it being a one-way drive aisle.
7. A Certificate of Zoning Compliance and Design Review application shall be submitted and
approved for the proposed use prior to submittal of a building permit application. The design
of the site and structure shall comply with the standards listed in UDC 11-3A-19; the design
standards listed in the Architectural Standards Manual and with the Development Agreement.
8. The conditional use permit is 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 as set forth in UDC 11-5B-6.A time extension may be requested
as set forth in UDC 11-5B-6F.
9. A menu board and/or speaker shall not be installed on this site due to the limited capacitof
the drive-through lane without prior approval from the City through a modification to the
Conditional Use Permit(H-2022-0026).
Page 10
nem 4. EXHIBIT A ■
B. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https://weblink.meridianciV.org/WebLink/DocView.aspx?id=259328&dbid=0&repo=MeridianC
Lty
C. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
https:llweblink.meridianciN.ofglWebLinkIDocView.aspx?id=260475&dbid=0&repo=MeridianC
Lty
IX. FINDINGS
Conditional Use(UDC 11-5B-6)
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.
The Commission finds the site is large enough to accommodate the proposed development and
meet all dimensional and development regulations of the C-Nzoning district.
2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord
with the requirements of this title.
The Commission finds the proposed restaurant with a drive-through will be harmonious with the
Comprehensive Plan and is consistent with applicable UDC standards with the conditions noted
in Section VIII of this report.
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.
The Commission finds the design, construction, operation and maintenance of the proposed use
will be compatible with other uses in the general neighborhood, with the existing and intended
character of the vicinity and will not adversely change the essential character of the area.
4. That the proposed use,if it complies with all conditions of the approval imposed,will not
adversely affect other property in the vicinity.
The Commission finds the proposed use will not adversely affect other properties in the vicinity if
it complies with the conditions in Section VIII of this report.
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.
The Commission finds the proposed use will be served by essential public facilities and services
as required.
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.
The Commission finds the proposed use will not create additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
Page 11
nem 4. EXHIBIT A F81
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.
The Commission finds the proposed use will not be detrimental to any persons,property or the
general welfare by the reasons noted above.
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)
The Commission finds the proposed use will not result in the destruction, loss or damage of any
such features.
9. Additional findings for the alteration or extension of a nonconforming use:
a. That the proposed nonconforming use does not encourage or set a precedent for additional
nonconforming uses within the area; and,
This finding is not applicable.
b. That the proposed nonconforming use is developed to a similar or greater level of conformity
with the development standards as set forth in this title as compared to the level of
development of the surrounding properties.
This finding is not applicable.
Page 12
E K IDIAN:---
iuAn
Planning and Zoning Presentations and outline
Planning and Zoning Commission June 2, 2022Meeting
Item #6: Jump Creek South Aerial MapZoning Map
Approved Jump Creek Proposed Jump Creek Preliminary Plat
Changes to Agenda: – Item #5 - Ten Mile Public Storage (H-2022-0016) requests continuance to July 7, 2022
Item #6: Jump Creek South Preliminary Plat (H-2022-0006)
Application(s):
Preliminary Plat
Size of property, existing zoning, and location: The site is 3.57 acres in area, zoned R-8, located at the northwest corner of W.
McMillian Rd. and N. Black Cat.
History: An annexation, preliminary plat, and development agreement was approved by City Council in November of 2014 for the
Jump Creek Subdivision, which included this property. The approved project allowed 318 single family lots and two multifamily lots on
85.9 acres.
Comprehensive Plan FLUM Designation: Medium Density Residential 3-8 du/acre
Summary of Request:
An annexation, preliminary plat, and development agreement was approved by City Council in November of 2014 for the Jump
Creek Subdivision, which included this property. The approved project allowed 318 single family lots and two multifamily lots on
85.9 acres.
Six final plats totaling 308 total lots, including seven (7) multi-family lots have been approved by the Council to date.
In May of 2021, the Planning Commission approved a conditional use permit for the first seven fourplexes. During review of the
project, it was discovered that Jump Creek No 4., the final plat intended for the fourplexes, was platted as individual lots for each
fourplex, whereas the preliminary plat approved one multi-family lot.
Further, the applicant intends to subdivide the other multi-family lot approved with the preliminary plat in the same manner, which
exceeds the number of lots approved with the original Jump Creek preliminary plat.
The agreed upon solution was that the applicant would move forward with Phase 6 for 44 single family lots (approved by City
Council on May 18, 2022) and Phase 7 for 12 fourplex lots. The remaining 3.57 acres (the subject property, which was initially
anticipated as Jump Creek No. 8) will be platted as 20 additional lots as a new preliminary plat.
It is important to note that although the total number of lots is more than was approved with the initial Jump Creek Subdivision, the
total number of units (318 single family and 19 fourplexes) and configuration is the same as what was approved.
Written Testimony:
None
Staff Recommendation: Approval with conditions
Possible Motions:
Approval
After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H-
2022-0006, as presented in the staff report for the hearing date of June 2, 2022, with the following modifications: (Add any
proposed modifications to conditions)
Denial
After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number H-2022-
0006, as presented during the hearing on June 2, 2022, for the following reasons: (You should state specific reasons for denial)
Continuance
I move to continue File Number H-2022-0006 to the hearing date of (insert continued hearing date here) for the following
reason(s): (You should state specific reason(s) for continuance)
Item 6. 82
(:>
E IDIAN*-----,
AGENDA ITEM
ITEM TOPIC: Public Hearing for Jump Creek South (H-2022-0006) by Kent Brown Planning
Services, Located at Parcel #S0428449595 at the northwest corner of N. Black Cat Rd. and W.
McMillan Rd.
A. Request: Preliminary Plat consisting of 20 single-family residential lots and 4 common lots on
3.57 acres of land in the R-8 zoning district.
Item 6. F83
(:�N-WE IDIAN:--
IDAHO
PUBLIC HEARING INFORMATION
Staff Contact: Alan Tiefenbach Meeting Date: June 2, 2022
Topic: Public Hearing for Jump Creek South (H-2022-0006) by Kent Brown Planning
Services, Located at Parcel #SO428449595 at the northwest corner of N. Black Cat
Rd. and W. McMillan Rd.
Request:
Preliminary Plat consisting of 20 single-family residential lots and 4 common lots on 3.57 acres of
land in the R-8 zoning distict.
Information Resources:
Click Here for Application Materials
Click Here to Sign Up to Testify at the Planning and Zoning Commission Public Hearing
PUBLIC HEARING SIGN IN SHEET
DATE: June 2, 2022 ITEM # ON AGENDA: 6
PROJECT NAME: Jump Creek South (H-2022-0006)
Your Full Name Your Full Address Representing I wish to testify
(Please Print) HOA? (mark X if yes)
If yes, please
provide HOA name
1
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3
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Item 6. ■
STAFF REPORTC�WE IDIANn-=-
COMMUNITY DEVELOPMENT DEPARTMENT A H O
HEARING 6/2/2022 Legend
DATE:
��W.ajec#L•oc a-u r
TO: Planning&Zoning Commission _
FROM: Alan Tiefenbach
208-884-5533
SUBJECT: PP-H-2022-0006 =� I
Jump Creek South Preliminary Plat
LOCATION: The site is located at the northwest comer
of W. McMillian Rd. and N. Black Cat _
Rd. on Parcel SO428449525 in the SE '/4
of the SE 1/4 of section 28,Township 4N,
Range 1 W.
I. PROJECT DESCRIPTION
Request for a preliminary plat consisting of 20 single-family residential lots and 4 common lots on
3.57 acres of land in the R-8 zoning district,by Kent Brown.
II. SUMMARY OF REPORT
A. Project Summary
Description Details
Acreage 3.57 acres
Future Land Use Designation Medium Density Residential 3-8 du/acre
Existing Land Use(s) Vacant
Proposed Land Use(s) Single Family Residential
Lots(#and type;bldg./common) 20 building lots,and 4 common lots.
Phasing Plan(#of phases) 1 phase
Number of Residential Units(type 20
of units)
Density(gross&net) 5.6 du/ac
Open Space(acres,total Not required for properties less than 5 acres,but 15.73%of
[%]/buffer/qualified) open space was provided with the Jump Creek
Development Agreement,which governs this property.
Amenities Numerous amenities are included with the larger Jump
Creek development.
Physical Features(waterways, The West Tap Lateral traverses a small portion on the
hazards,flood plain,hillside) southeast
Neighborhood meeting date;#of December 21,2021,no attendees
attendees:
Page 1
Item 6. F85
Description Details
History(previous approvals) AZ-14-011,PP-14-013,DA instr. 2014-105206,FP-2022-
0004
B. Community Metrics
Description Details
Ada County Highway District
• Staff report(yes/no) No
Access(Arterial/Collectors/State "There are multiple points of access,but primary access
Hwy/Loca1)(Existing and Proposed) occurs via W.Daphne Street from N.Black Cat Rd.
Stub Street/Interconnectivity/Cross No stubs required.
Access
Existing Road Network N.Black Cat Rd and W.McMillian Rd,numerous internal
roads.
Existing Arterial Sidewalks/ There is an existing 5 ft.wide detached sidewalk and 25 ft.
Buffers wide buffer along N.Black Cat Rd.A 5 ft.wide sidewalk
and buffer along W.McMillian Rd.was approved with the
Jump Creek development but is not yet installed along the
southern perimeter of the subject property.
Proposed Road Improvements Required road improvements have already occurred with
Jump Creek No 1 through 6.
Fire Service
No comments,property will be serviced by Fire Station 7 when completed in 2023.
Police Service
• No comments
Wastewater
• Flow is committed
Water
• Distance to Water Services 0
• Pressure Zone M 1
• Water Quality No concerns
• Project Consistent with Yes
Water Master Plan
• Comments • Encase water main with steel sleeve when crossing the
west Tap Sublaterial piping or open channel.
• Water main sizes were not provided.All mains were
modeled as 8"
Page 2
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Item 6. 87
III. APPLICANT INFORMATION
A. Applicant Representative:
Kent Brown—3161 E. Springwood Dr,Meridian, ID 83642
B. Owner:
Corey Barton,Endurance Holdings— 1977 E. Overland Rd.,Meridian,ID 83642
IV. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Newspaper Notification 5/12/2022
Radius notification mailed to
properties within 300 feet 5/13/2022
Nextdoor posting 5/13/2022
Sign Posting 5/23/22
V. STAFF ANALYSIS
An annexation,preliminary plat, and development agreement was approved by City Council in
November of 2014 for the Jump Creek Subdivision,which included this property(AZ-14-011,PP-14-
013,DA instr.2014-105206). The approved project allowed 318 single family lots and two
multifamily lots on 85.9 acres. Six final plats totaling 308 total lots,including seven(7)multi-family
lots have been approved by the Council to date.
In May of 2021,the Planning Commission approved a conditional use permit for the first seven
fourplexes(Jump Creek North Fourplex CUP,H-2021-0018). During review of the project,it was
discovered that Jump Creek No 4.,the final plat intended for the fourplexes,was platted as individual
lots for each fourplex,whereas the preliminary plat approved one multi-family lot.Further,the
applicant intends to subdivide the other multi-family lot approved with the preliminary plat in the
same manner,which exceeds the number of lots approved with the original Jump Creek preliminary
plat.
Staff discussed this issue with the applicant,and the agreed upon solution was that the applicant
would move forward with Phase 6 for 44 single family lots(approved by City Council on May 18,
2022)and Phase 7 for 12 fourplex lots. The remaining 3.57 acres(the subject property,which was
initially anticipated as Jump Creek No. 8)will be platted as 20 additional lots as a new preliminary
plat. It is important to note that although the total number of lots is more than was approved
with the initial Jump Creek Subdivision,the total number of units(318 single family and 19
fourplexes) and configuration is the same as what was approved.
Page 4
Item 6. F
8
A. Future Land Use Map Designation(https://www.meridiancity.org/compplan)
The property is designated" Medium Density Residential" (MDR)on the future land use map.
The MDR designation allows smaller lots for residential purposes within City limits.Uses may
include single-family homes at densities of 3 to 8 dwelling units per acre.
The subject property was initially approved for 318 single family lot and 19 fourplexes on 85.9
acres,which is a gross density of 4.59 dwelling units per acre. Although the number of lots will
increase by 20,the number of units and density will remain the same. This is consistent with the
MDR land use designation.
B. Zoning:
The subject property is zoned R-8. The R-8 zoning district requires a minimum lot size of 4,000
sq. ft. and minimum street frontage of 40 ft. The preliminary plat shows the smallest lot being
5,000 sq. ft. and minimum street frontages of 50 ft.
C. Comprehensive Plan Policies(https:llwww.meridianciU.or /�compplan):
• Encourage diverse housing options suitable for various income levels,household sizes,and
lifestyle preferences. (2.01.01)
This project proposes 20 additional single family units in a development of 318 single family
units and 72 fourplex units. This increases the diversity in housing and meets the needs,
preferences, and financial capabilities of Meridian's present and future residents.
• Encourage a variety of housing types that meet the needs,preferences, and financial capabilities
of Meridian's present and future residents. (2.01.02D)
The applicant is developing a mixed housing residential development consisting of primarily
medium density single-family and multi family units, consistent with this goal. The multifamily
developments are being evaluated with future conditional use permit applications.
• Encourage the development of high quality, dense residential and mixed use areas near in and
around Downtown,near employment, large shopping centers,public open spaces and parks, and
along major transportation corridors,as shown on the Future Land Use Map.
The development provides housing opportunities in close proximity to a proposed Walmart and
an existing shopping center at the northeast corner of Chinden Boulevard and Linder Road.
Future employment uses are planned a mile east of the proposed subdivision along the west side
ofN. Ten Mile Road.
• Require urban infrastructure be provided for all new developments, including curb and gutter,
sidewalks,water and sewer utilities. (3.03.03F)
City services were required to be extended to the properties upon development in accord with
UDC 11-3A-21. Infrastructure was constructed with phases 1, 2, and 3. No additional
infrastructure is required with this proposal.
Page 5
Item 6. 89
• Permit new development only where it can be adequately served by critical public facilities and
urban services at the time of final approval, and in accord with any adopted levels of service for
public facilities and services. (3.03.03F)
This proposal was referred to fire and police services as well as WASD. There were no additional
comments beyond what were listed with the preliminary plat and final plat.
• Require open space areas within all residential development. (6.01.O1A)
The development agreement approved with the annexation required 15%total open space, and
15.3%was provided with the total development. The lot size, area and open space configuration
included with this preliminary plat matches what was approved with the initial approval.
• With new subdivision plats,require the design and construction of pathway connections, easy
pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable
open space with quality amenities."(2.02.01A)
The proposed plat depicts 5 ft. wide detached sidewalks on both sides of roads internal to the
subdivision.Multiple pedestrian connections were approved throughout the initial Jump Creek
development including several connections into the Oaks North project to the east.A 5 ft. wide
detached sidewalk and 25 ft. wide buffer has already been constructed along N. Black Cat Rd.A
landscape buffer and 5 ft. wide detached sidewalk exists to the west of this subject property; the
applicant will be required to complete these improvements as a condition of approval of this
preliminary plat.
D. Existing Structures/Site Improvements:
The property is presently vacant.
E Proposed Use Analysis:
Single-family dwellings are listed as a principal permitted use in the R-8 zoning districts in UDC
Table 11-2A-2.
F. Dimensional Standards(UDC 11-2):
The preliminary plat and future development is required to comply with the dimensional
standards listed in UDC Table 11-2A-6 for the R-8 district.All proposed lots and public streets
appear to meet UDC dimensional standards per the submitted preliminary plat. This includes
minimum lot size of 4,000 sq. ft., and required street frontages of at least 40 ft. Development of
the subdivision is required to comply with the subdivision design and improvement standards
listed in UDC 11-6C-3.
UDC 11-6C-3-regulates block lengths for residential subdivisions. Staff has reviewed the
submitted plat for conformance with these regulations. The intent of this section of code is to
ensure block lengths do not exceed 750 ft,although there is the allowance of an increase in block
length to 1,000 feet if a pedestrian connection is provided.No block length exceeds 750 ft.
There is one common driveway serving Lots 30 and 31 of Block 20. This driveway connects to
the future fourplexes in Jump Creek Filing 7 and will serve as secondary emergency access.As
this would be a driveway and not a street, staff has added a condition that the common driveway
shall be gated from the multifamily portion of the site(Filing 7). Such gate shall meet all
requirements of Meridian Fire but shall not obstruct pedestrian access.
Page 6
Item 6. 90
G. Access(UDC 11-3A-3):
All accesses were previously approved with the Jump Creek preliminary plat. ACED has
responded that they had reviewed and approved the Jump Creek Subdivision in 2014 and the site-
specific conditions of approval for Jump Creek South apply to this project.
H. Parking(UDC 11-3C):
Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-
3C-6 for single-family attached dwellings based on the number of bedrooms per unit. Future
development should comply with these standards.
I. Pathways ( UDC 11-3A-8):
There is an existing 5' wide detached sidewalk along N. Black Cat Rd,at the eastern perimeter of
the subject property as well as a 5 ft. detached sidewalk along W. McMillian Rd west of the
subject property. The applicant will be required to complete this sidewalk with this project.
Multiple pedestrian connections were approved throughout the initial Jump Creek development
including several connections into the Oaks North project to the east.No additional pathways are
required or proposed with this plat. All of the pedestrian connections must comply with the
standards set forth in UDC 11-3A-8 and UDC 11-3B-12.
Sidewalks (UDC 11-3A-17):
Five-foot detached sidewalks are proposed along internal streets in accord with the standards
listed in UDC 11-3A-17.
K. Landscaping(UDC 11-3B):
UDC 11-2A-6 requires a 25 ft.wide buffers along arterial roads (W.McMillian Rd.). This buffer
is indicated on the landscape plan. All pathways and micro-pathways meet the requirements of
UDC 11-3B including landscape strips of at least 5 ft. in width on either side and one tree per 100
linear feet. A drainage facility is indicated in Lot 15,Block 20;this lot shall be landscaped as
required per UDC 11-3B-11.
The landscape plan does not indicate whether there are healthy existing trees meeting the
preservation requirements on the property. With the submittal of the final plat the applicant
should submit a revised landscape plan that details any mitigation plan outlined by the developer
and the City Arborist.
L. Qualified Open Space (UDC I1-3G):
The subject property is 3.57 acres,which would exempt it from the common open space
requirements of UDC 11-3G. However,this property is included in the Jump Creek Development
Agreement which requires 15.73%open space, including numerous drainage lots, 50%of the
arterial street buffers, collector street buffers,micropath lots, and passive open space in various
sizes. The preliminary plat as proposed matches what was approved with the original Jump Creek
Preliminary Plat in regard to lot size, configuration, and open space.
M. Qualified Site Amenities (UDC 11-3G):
During the approval process for the entire Jump Creek Subdivision(which included the subject
property), approved amenities included three tot lots,an integrated pathway system, extension of
the Meridian Pathway system and 5%additional open space. Most amenities have already been
constructed with the previous phases and two additional amenities were required with the
conditional use permit that was approved for the first multifamily phase.As this current
Page 7
Item 6. F-91
preliminary plat is part of the approved Jump Creek development agreement and is proposed with
the same design and number of lots as what was approved, additional amenities are required.
N. Waterways (UDC 11-3A-6):
The West Tap Sublateral clips the northeastern corner of Lot 31, Block 20. Per UDC, all
irrigation ditches,laterals or canals, exclusive of natural waterways and waterways being used as
amenities,which intersect,cross or lie within the area being subdivided should be covered.
O. Fencing(UDC 11-3A-6, 11-3A-7):
The landscape plan includes a fencing plan. The plan includes 6 ft.high vinyl fencing along the
western periphery of the site, along the side of residential lots adjacent to internal roads, and rear
of the residential lots adjacent to W.McMillan Rd(but outside of the required landscape buffers).
4 ft.high vinyl fencing is shown along at least one side of common open spaces and both sides of
pathways and micro-pathways. The fencing appears to meet the requirements of 11-3A-6 and 11-
3A-7.
P. Utilities (UDC 11-3A-21):
Public services are available to accommodate the proposed development and most utilities have
already been installed.
Q. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual):
Building elevations were submitted and approved with the initial annexation and development
agreement. The Applicant submitted the same approved elevations. Per the approved Jump Creek
Development Agreement, all homes adjacent to McMillan Road shall incorporate a mix of
materials,windows and decorative trim,pop -outs, covered porches and two variations in the roof
lines to provide articulation and modulation to the side and rear facades that face the arterial and
collector streets.
VI. DECISION
A. Staff:
1. Staff recommends approval of the requested preliminary plat with the conditions noted in
Section VIII.per the Findings in Section IX.
Page 8
Item 6. F92]
VII. EXHIBITS
A. Approved Preliminary Plat(date: 05/30/2014)
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Item 6. F94]
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Item 6. 96
VIII. AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. The Preliminary Plat included in Section VI, is approved with the following revisions:
a. Add date to the plat.
b. Revise Preliminary Plat name to read"Jump Creek South Subdivision.
2. The Landscape Plan included in Section VI, dated 11/2/2020,is approved with the addition
that the landscape plan shall indicate whether there are healthy existing trees meeting the
preservation requirements on the property.
3. Unimproved right of way along W. McMillan Rd shall be improved as required per UDC 1I-
3B-7C.5
4. The common driveway serving Lots 30 and 31 of Block 20 shall be gated from the
multifamily portion of the development(Filing 7). Such gate shall meet all requirements of
Meridian Fire but shall not obstruct pedestrian access.A common driveway exhibit meeting
the requirements of UDC 11-6C-3-D shall be provided at time of final plat.
5. The applicant is to meet all terms of the approved annexation(AZ-14-011) and development
agreement(Instrument#2014-105206) for this development.
6. The applicant shall comply with all provisions of 11-3A-3 with regard to access to streets.
7. The development shall comply with standards and installation for landscaping as set forth in
UDC 11-313-5 and maintenance thereof as set forth in UDC 11-3B-13.
8. All homes adjacent to McMillan Road shall incorporate a mix of materials,windows and
decorative trim,pop -outs, covered porches and two variations in the roof lines to provide
articulation and modulation to the side and rear facades that face the arterial and collector
streets per Development Agreement Instr.2014-105206.
9. Pathway and adjoining fencings and landscaping shall be constructed consistent with the
standards as set forth in UDC 11-3A-7A7, 11-3A-8 and 11-3B-12C.
10. The applicant shall construct all proposed fencing and/or any fencing required by the UDC,
consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B, as applicable.
11. The development shall comply with all subdivision design and improvement standards as set
forth in UDC 11-6C-3, including but not limited to driveways, easements,blocks, street
buffers,and mailbox placement.
12. Off-street parking is required to be provided in accord with the standards listed in UDC Table
11-3C-6 for single-family attached dwellings based on the number of bedrooms per unit.
13. All ditches shall comply with the provisions for irrigation ditches, laterals,canals and/or
drainage courses, as set forth in UDC 11-3A-6 unless waived by City Council.
14. The Applicant shall have a maximum of two (2)years to obtain City Engineer's signature on
a final plat in accord with UDC 11-613-7.
15. The Applicant shall comply with all conditions of ACHD.
Page 13
Item 6. 97
B. PUBLIC WORKS DEPARTMENT
Site Specific Conditions of Approval
1. The geotechnical investigative report prepared by SITE Consulting,LLC indicates some very
specific construction considerations. The applicant shall be responsible for the adherence of these
recommendations to help ensure that groundwater does not become a problem within crawlspaces
of homes.
2. Encase water main with steel sleeve when crossing the West Tap Sublateral piping or open
channel.
3. Water main sizes were not provided, all mains were modeled at 8' inch diameter.
4. An access roadway to manhole SSMH C3 must meet City standards.
General Conditions of Approval
1. Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to provide
service outside of a public right-of-way. Minimum cover over sewer mains is three feet,if cover
from top of pipe to sub-grade is less than three feet than alternate materials shall be used in
conformance of City of Meridian Public Works Departments Standard Specifications.
2. Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
3. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of
way(include all water services and hydrants). The easement widths shall be 20-feet wide for a
single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but
rather dedicated outside the plat process using the City of Meridian's standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement(on the form available from Public Works),a legal description prepared by an Idaho
Licensed Professional Land Surveyor,which must include the area of the easement(marked
EXHIBIT A)and an 81/2"x 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.
Page 14
Item 6. 98
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
Page 15
Item 6. 99 1
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.oMlpublic_works.aspx?id=272.
21. The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure
prior to final plat signature. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash
deposit or bond.Applicant must file an application for surety,which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
22. The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20%of the total construction cost for all completed sewer,water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond.Applicant must file an application for surety,which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
C. ACHD
https://weblink.meridianciU.org/WebLink/Doc View.aspx?id=262186&dbid=0&repo=MeridianC
hty
D. DEPARTMENT OF ENVIRONMENTAL QUALITY
https://weblink.meridiancily.org/WebLinkIDocView.aspx?id=261512&dbid=0&repo=MeridianC
iv
Page 16
Item 6. Fool
IX. FINDINGS
A. PRELIMINARY PLAT(UDC 11-6B-6)
In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the
decision-making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-
2005)
1. The plat is in conformance with the comprehensive plan and is consistent with this unified
development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008)
Staff finds the proposed plat is generally in conformance with the UDC if the Applicant
complies with the conditions of approval in Section VII.
2. Public services are available or can be made available and are adequate to accommodate the
proposed development;
Staff finds public services can be made available to the subject property and will be adequate
to accommodate the proposed development.
3. The plat is in conformance with scheduled public improvements in accord with the city's
capital improvement program;
Staff finds the proposed plat is in substantial conformance with scheduled public
improvements in accord with the City's CIP.
4. There is public financial capability of supporting services for the proposed development;
Staff finds there is public financial capability of supporting services for the proposed
development.
5. The development will not be detrimental to the public health, safety or general welfare; and
Staff finds the proposed development will not be detrimental to the public health, safety or
general welfare.
6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-
30-2005, eff. 9-15-2005)
The West Tap Sublateral clips the northeastern portion of the property, but there are no
natural features. According to the landscape plan, there are no healthy trees onsite meeting
the requirements for preservation.
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