Matador Estates Subdivision H-2022-0043 Findings CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW ERIDIANI.-
AND DECISION& ORDER C��V, \,-�
In the Matter of the Request for Annexation of 5.09-Acres of Land with an R-4 Zoning District;
and Preliminary Plat Consisting of 14 Building Lots and Two (2) Common Lots on 4.84-Acres of
Land for Matador Estates Subdivision,by Quantum LTD,Inc.
Case No(s).H-2022-0043
For the City Council Hearing Date of: October 25,2022 (Findings on November 9, 2022)
A. Findings of Fact
I. Hearing Facts(see attached Staff Report for the hearing date of October 25, 2022, incorporated
by reference)
2. Process Facts(see attached Staff Report for the hearing date of October 25,2022, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of October 25,
2022, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of October 25,2022,incorporated by reference)
B. Conclusions of Law
I. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use
Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code(I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified as
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019,Resolution No. 19-2179 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s)received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision,which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the
Community Development Department,the Public Works Department and any affected party
requesting notice.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR MATADOR ESTATES H-2022-0043 - I -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of October 25,2022, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § I I-5A and based upon
the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that:
1. The applicant's request for annexation and zoning and preliminary plat is hereby approved with
the requirement of a development agreement per the provisions in the Staff Report for the
hearing date of October 25,2022, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two(2)years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat(UDC 11-613-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two(2)years,may be considered for
final approval without resubmission for preliminary plat approval(UDC 11-613-713).
Upon written request and filed by the applicant prior to the termination of the period in accord
with I I-6B-7.A,the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up
to two(2)years as determined and approved by the City Council may be granted. With all
extensions,the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension,the property shall be required to go through the platting procedure again(UDC I I-
613-7Q.
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-651 IA. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s)and returned to the city within six(6)months of the city council granting the
modification.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR MATADOR ESTATES H-2022-0043 -2-
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six(6)month approval
period.
E. Judicial Review
Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho
Code § 67-652 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, seekjudicial 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(l)(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 October 25, 2022
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR MATADOR ESTATES H-2022-0043 -3-
By action of the City Council at its regular meeting held on the 9th day of November
2022.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED
COUNCIL VICE PRESIDENT JOE BORTON VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER TREG BERNT VOTED
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison 11-9-2022
Attest:
Chris Johnson 11-9-2022
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 11-9-2022
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR MATADOR ESTATES H-2022-0043 -4-
EXHIBIT A
STAFF REPORT E
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING October 25, 2022 0
DATE: W-gend
t
TO: Mayor&City Council
FROM: Sonya Allen,Associate Planner
208-884-5533 EH
SUBJECT: Matador Estates
H-2022-0043
LOCATION: 1235 E. McMillan Rd., in the NE 1/4 of
Section 3 1,TAN., R.I E. (Parcel
#R1608650122) F-R FFF
EEJ
-IBM PH
1. PROJECT DESCRIPTION
Annexation of 5.09 acres of land with an R-4 zoning district; and preliminary plat consisting of 14 building
lots and two(2) common lots on 4.84 acres of land in the R-4 zoning district for Matador Estates
Subdivision.
11. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 4.84 acres
Future Land Use Designation Low Density Residential(LDR)
Existing Land Use Single-family rural residential(SFR)
Proposed Land Use(s) SFR
Current Zoning Rural Urban Transition(RUT)in Ada County
Proposed Zoning R-4(Medium Low-Density Residential)
Lots(#and type;bldg/common) 14 buildina/2 common
Phasing plan(#of phases) NA(not proposed to be phased)
Number of Residential Units(type 14 single-family detached units
of units)
Density(gross&net) 2.89 units/acre(gross)
Open Space(acres,total 0.33 acre(or 7%)
buffer/qualified)
Page 1
Amenities Sitting area with a concrete or paver surface with benches
Physical Features(waterways, NA
hazards,flood plain,hillside)
Neighborhood meeting 4/12/22
date
History(previous None(Lot 5,Crestwood Subdivision No. 1;property boundary adjustment
approvals) —ROS#12793 in Ada County)
B. Community Metric
Description Details Page
Ada County
Highway District
• Staff report Yes
(yes/no)
• Requires No
ACHD
Commission
Action
(yes/no)
• Existing There is one(1)existing stub street(E.Territory St.)to this property at the
Conditions project's west boundary.
• CIP/IFYWP Capital improvements Plan(CIP)l Integrated Five Year Work Plan(IFYWP):
• The North Meridian community improvement project,is scheduled in the IFYWP,constr
enhanced pedestrian facilities on the north side of McMillan Road, on McMillan Roai
Red Horse Way to Locust Grove Road,construction in 2026.
• Bike Signage Community improvement project,is scheduled in the IFYWP,establishin
bike way corridors, per the Bike Master Plan, including wayfinding and bike signage
Horse Way,crossing McMillan Road from Fairview Avenue to Joshua Tree Drive,constr
in 2026.
• McMillan Road is listed in the CIP to be widened to 3-lanes from Meridian Road to I
Grove Road between 2031 and 2035.
• Locust Grove Road is listed in the CIP to be widened to 3-lanes from Ustick Road to Mc
Road between 2036 and 2040.
• Locust Grove Road is listed in the CIP to be widened to 3-lanes from McMillan R(
Chriden Boulevard(SH20/26)between 2036 and 2040.
Access(Arterial/Collectors/State Existing access is provided via two(2)driveways from E.
Hwy/Local)(Existing and Proposed) McMillan Rd.,an arterial street.Proposed access is via the
extension of an existing stub street(E.Territory St.)at the west
boundary of the site;the existing driveways will be closed with
redevelopment of the site.
Proposed Road Improvements ACHD is requiring McMillan Rd.to be widened to 17' from
centerline,with a 3' wide gravel shoulder abutting the site.
Territory St.is required to be extended into the site&Matador
Ct.constructed as a 33'wide local street section with curb,
gutter,a detached 5'wide sidewalk and a landscape strip.
Fire Service No comments received.
Police Service No comments received.
West Ada School District No comments received.
Distance(elem,ins,hs)
Capacity of Schools
Page 2
#of Students Enrolled
Wastewater
• Distance to Sewer Services Directly adjacent
• Sewer Shed
• Estimated Project Sewer See application
ERU's
• WRRF Declining Balance
• Project Consistent with WW Yes
Master Plan/Facility Plan
• Impacts/Concerns e Flow is committed
e See Public Works Site Specific Conditions
Water
• Distance to Services Directly adjacent
• Pressure Zone
• Estimated Project Water See application
ERU's
• Water Quality Concerns None
• Project Consistent with Yes
Water Master Plan
• Impacts/Concerns See Public Works' Site-Specific Conditions
C. Project Maps
Future Land Use Map Aerial Map
Legend Legend
Pi,�Je-_i Luca-fiorl. Pi,�Jeoi Luca
lum
A-W
W. ly
1 57
P', MISAII
Ne F-L.T. F.-
440AL3
AqVIP
Page 3
Zoning Map Planned Development Map
Legend () Legend
KU I Pi,�Jeoi
City L-,M*
P&3nrm_-d Pamet
RUT RU T
PD
77 1 T 11=1
11111 1 1111 FE I I I I ITUFF111 -E
RUT
R.'&= R- [Rl� TT M
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H
111. APPLICANT INFORMATION
A. Applicant:
Marty Camberlango, Quantum LTD., Inc. — I 110 N. Five Mile Rd.,Boise,ID 83713
B. Owner:
Nicholas Gifford— 1235 E.McMillan Rd., Meridian, ID 83642
C. Representative:
Marty Camberlango, Quantum LTD., Inc. — I 110 N. Five Mile Rd.,Boise, ID 83713
IV. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Newspaper notification 8/31/2022 10/9/2022
published in newspaper
Radius notification mailed to
property owners within 300 feet 8/25/2022 10/6/2022
Public hearing notice sign posted 9/4/2022 10/13/2022
on site
Nextdoor posting 8/25/2022 10/5/2022
V. COMPREHENSIVE PLAN ANALYSIS
LAND USE: This property is designated as Low Density Residential(LDR)on the Future Land Use Map
(FLUM)contained in the Comprehensive Plan. This designation allows for the development of single-family
homes on large and estate lots at gross densities of three(3)dwelling units or less per acre.
The subject property is an enclave surrounded by City annexed land developed with single-family residential
homes on land designated LDR and Medium Density Residential(MDR) on the FLUM. The Applicant
Page 4
proposes a 14-lot subdivision for single-family residential detached homes at a gross density of 2.89 units
per acre,which is within the desired density range of the LDR designation.
TRANSPORTATION: The Master Street Map(MSM)does not depict any collector streets across this
property. Local streets are proposed internally for access to the proposed lots.
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 a variety of housing types that meet the needs, preferences, and financial capabilities of
Meridian's present and future residents."(2.01.02D)
Theproposed single-family detached dwellings on larger lots than typical will contribute to the variety
of single-family residential properties in the City.
• "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)
City water and sewer service is available and can be extended by the developer with development in
accord with UDC 11-3A-21.
• "Avoid the concentration of any one housing type or lot size in any geographical area;provide for
diverse housing types throughout the City."(2.01.01G)
This area consists primarily ofsingle-family detached homes with some variety in lot sizes between
the LDR and MDR designated areas. The proposed development offers a variety of lot sizesfrom
8,132 to 11,219 squarefeet, not including the 32,231 squarefoot lot where the existing home is
proposed to remain.
• "Require all new development to create a site design compatible with surrounding uses through
buffering, screening,transitional densities, and other best site design practices."(3.07.01A)
The proposed development incorporates lot sizes consistent with those to the west and south, which
should be compatible with surrounding uses and densities.
• "Encourage compatible uses and site design to minimize conflicts and maximize use of land."
(3.07.00)
The proposed single-family residential use should be compatible with other single-family residential
uses abutting this site. The proposed site design should also be compatible with adjacent uses as lots
are similar in size.
• "Support infill development that does not negatively impact the abutting, existing development.
Infill projects in downtown should develop at higher densities, irrespective of existing
development." (2.02.02C)
The proposed infill development shouldn't negatively impact adjacent properties as the residential
use and lot sizes are compatible.
• "Ensure development is connected to City of Meridian water and sanitary sewer systems and the
extension to and through said developments are constructed in conformance with the City of
Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A)
The proposed development will connect to City water and sewer systems with development of the
subdivision;services are required to be provided to and though this development in accord with
current City plans. The existing home that is proposed to remain on a lot in the proposed subdivision
is required to connect to City water and sewer service.
Page 5
• "Require pedestrian access in all new development to link subdivisions together and promote
neighborhood connectivity."(2.02.0 1 D)
There are no multi-use pathways designated on the Pathways Master Plan for this site, nor are any
pathways stubbed to this property other than the sidewalk along E. Territory St. A micro-path
connection is proposedfrom the internal sidewalk along Matador Ct. to the sidewalk along
McMillan Rd.
• "Require urban infrastructure be provided for all new developments, including curb and gutter,
sidewalks,water and sewer utilities."(3.03.03G)
Urban sewer and water infrastructure and curb, gutter and sidewalks are required to be provided
with development of the subdivision.
• "Eliminate existing private treatment and septic systems on properties annexed into the City and
instead connect users to the City wastewater system; discourage the prolonged use of private
treatment septic systems for enclave properties."
If annexed, the existing home will be required to abandon the existing septic system and connect to
the City wastewater system.
• "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels
within the City over parcels on the fringe."(2.02.02)
Development of the subject infill parcel will maximize public services.
VI. STAFF ANALYSIS
A. ANNEXATION(AZ)
The Applicant proposes to annex 5.09 acres of land with an R-4 zoning district. A legal description and
exhibit map for the annexation area is included in Section VIII.A. This property is within the City's Area
of City Impact boundary.
A property boundary adjustment application was tentatively approved by Ada County in 2021 to
shift the common lot line between Lots 5 and 6,Crestwood Subdivision,5-feet to the east. The
Applicant should obtain final approval of this application prior to City Council approval of the
proposed annexation.
A preliminary plat and conceptual building elevations were submitted showing how the property is
proposed to be subdivided into 14 building lots for 13 new single-family residential detached dwelling
units;the existing home is proposed to remain on Lot 6,Block 4(see Sections VIILB,D). The proposed
use and density of the development is consistent with the LDR FLUM designation.
Single-family detached dwellings are listed as a principal permitted use in the R-4 zoning district per
UDC Table 11-2A-2. Future development is subject to the dimensional standards listed in UDC Table
11-2A-5 for the R-4 zoning district.
This property, along with the property to the east, is an enclave surrounded by existing and future single-
family residential detached homes to the north(Tustin), south(Havasu Creek) and west(Silver Springs).
As noted above in Section V, development of infill properties is supported provided it doesn't negatively
impact the abutting, existing development. Because like uses(i.e. single-family detached residential)are
proposed on similar size lots,the proposed development should be compatible with adjacent uses and
shouldn't negatively impact them.
The City may require a development agreement(DA)in conjunction with an annexation pursuant to
Idaho Code section 67-651 IA. If this property is annexed, Staff recommends a DA is required with
the provisions discussed herein and included in Section IX.A.
Page 6
B. PRELIMINARY PLAT(PP):
The proposed preliminary plat consists of 14 building lots and 2 common lots on 4.84 acres of land in
the proposed R-4 zoning district. Proposed lots range in size from 8,132 to 11,219 square feet(s.f.)with
a 32,231 square feet lot where the existing home is proposed to remain. The subdivision is proposed to
develop in one phase as shown on the preliminary plat in Section VIII.B.
Existing Structures/Site Improvements: There is an existing home and several outbuildings on the
property that currently takes access via McMillan Rd. The existing home is proposed to remain on Lot 6,
Block 4 and access will be taken internally from within the subdivision.Prior to the City Engineer's
signature on the final plat, all existing structures that do not conform to the setbacks of the district
are required to be removed.
Dimensional Standards (UDC 11-2): The proposed plat and subsequent development is required to
comply with the dimensional standards listed in UDC 11-2A-3 and Table 11-2A-5 for the R-4 zoning
district. The proposed plat appears to comply with the dimensional standards of the district,except
for the street frontage of Lot 8,Block 4 which should be a minimum of 30 feet; the plans should be
revised accordingly.
Access: Access is proposed via internal local streets. E. Territory St. is proposed to be extended from the
west to the east boundary for future extension to the east. The existing access via McMillan Rd. is
required to be removed. The address for the existing home is required to change since access will no
longer be provided from McMillan Rd.; the new address will be off Matador Ct.
Landscaping(UDC 11-3B): A 25-foot wide street buffer is required to be provided along E. McMillan
Rd., an arterial street,per the standards listed in UDC I 1-3B-7C. A 25-foot wide buffer with a berm is
proposed along McMillan with 10 shade trees, shrubs and groundcover. A detailed landscape plan
should be submitted with the final plat that complies with the aforementioned standards; detail#5
on Sheet L-1 should include the proposed berm along E.McMillan Rd.; and the location of the
edge of paving should be depicted on the plan.If the unimproved street right-of-way is ten(10) feet or
greater from the edge of pavement to edge of sidewalk or property line,the developer shall maintain a
ten-foot compacted shoulder meeting the construction standards of the transportation authority and
landscape the remainder with lawn or other vegetative ground cover per UDC I I-3B-7C.5a.
A total of six(6)trees are proposed to be removed from the site (and possibly another one) as depicted
on the landscape plan. Mitigation is required to be provided per the standards listed in UDC 11-3B-
10C.5* The Applicant should coordinate with the City Arborist(Kyle Yorita
ky ritaAmeridiancity.org)to determine mitigation requirements prior to removal of existing trees
from the site.
Landscaping is required along all pathways per the standards listed in UDC 11-3B-12C; the landscape
plan should be revised to include shrubs,along with the proposed trees and vegetative
groundcover along the pathway on Lot 7,Block 4.A minimum of 5-feet should be provided outside
of the easement area for trees; widen the lot if necessary to accomplish this.
Common Open Space& Site Amenities(UDC 11-3G-3): Common open space and site amenities are
required to be provided with development for properties of 5 acres or more in area per the standards
listed in UDC 11-3G-3. This site consists of 4.84 acres of land—the annexation boundary is 5.09
acres.Although not required by the UDC, Staff recommends as a provision of annexation in the
DA that a minimum of 12% (or 0.58 acre) common open space is provided with development.The
landscape plan depicts 21,218.87 s.f. (or 0.49 acre) of common open space consisting of a 7,080 s.f.
common area lot(Lot 2,Block 4), 2,840.74 s.f. of linear open space with a pathway(Lot 7,Block 4),
and 50%of the street buffer along McMillan Rd. consisting of 4,178.13 s.f. The plans should be
revised to include an additional 0.09 acre of qualified common open space. If 8-foot wide parkways
Page 7
are proposed,they could count toward this requirement; parkways must comply with the
standards listed in UDC 11-3A-1 7 and 11-3G-3B.4.
As a provision of annexation, Staff recommends a site amenity totaling a minimum of one(1)point
is provided within the development.A sitting area with a concrete or paver surface with two(2)
benches in Lot 7,Block 4.If a structure for shade and picnic tables are added to this area,it could
qualify as a picnic area,which is two (2) points; or,the Applicant may choose another qualified
amenity from UDC Table 11-3G-4.
Pathways: The Pathways Master Plan does not depict a multi-use pathway on this site. A micro-path is
proposed on Lot 7,Block 4 for access from the internal sidewalk to the sidewalk along McMillan Rd.
The pathway should be constructed per the standards listed in UDC 11-3A-8.
Sidewalks(11-3A-1 7): A 5-foot wide detached sidewalk is required along McMillan Rd., an arterial
street as proposed.
Waterways:No waterways of significant size cross this site.
Fencing: A 2.5-foot tall rock wall is proposed at the back edge of the street buffer along McMillan Rd.
Fencing is not proposed.
Utilities(UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC
11-3A-21. The existing home proposed to remain on Lot 6,Block 4 is required to connect to City water
and sewer service within 60 days of it becoming available as set forth in MCC 9-1-4 and 9-4-8.
Street lighting is required to be installed in accord with the City's adopted standards, specifications and
ordinances.
Pressurized Irrigation System (UDC 11-3A-15): Underground pressurized irrigation water is required
to be provided to each lot within the subdivision as set forth in UDC 11-3A-1 5.
Storm Drainage(UDC 11-3A-18):An adequate storm drainage system is required in all developments
in accord with the City's adopted standards, specifications and ordinances.Design and construction shall
follow best management practice as adopted by the City as set forth in UDC 11-3A-1 8. A geotechnica
r�po was submitted with this subdivision.
Building Elevations: Six(6)conceptual building elevation photos were submitted that demonstrate
what future homes in this development will look like(see Section V111Y). A mix of single-story(with
and without bonus rooms)and 2-story homes are proposed with a mix of building materials, including
stone veneer accents, and architectural elements.
VII. DECISION
A. Staff:
Staff recommends approval of the proposed annexation with the requirement of a Development
Agreement, and preliminary plat per the provisions in Section IX in accord with the Findings in Section
X.
B. The Meridian Planning&Zonin%z Commission heard these items on September 15,2022. At the
public hearing,the Commission moved to recommend approval of the subject A-Z and PP
requests.
I. Suminga of Commission public hearing:
a. In favor: Maijy Camberlango
b. In opposition:None
C. Commenting: Randy Spiwak,Parkins-Nourse#14 Lateral Association
d. Written testimony: Neil Wilson
Page 8
e. Staff presenting application: Bill Parsons
f Other Staff commenting on gpplication: None
2. Key issue(s)of public testimony:
a. Surface water delively, design of the pressurized irrigation system, and plan approval
from the lateral association.
3. Key issue(s)of discussion by Conunission:
a. City's requirements to provide a pressurized irrigation system for the propose
subdivision.
4. Commission change(s)to Staff recommendation:
a. None
5. 6utsianding issue(s) for City Council:
a. None
C. The Meridian City Council heard these items on October 25,2022. At the public heafing the
Council moved to=rove the subject AZ and PP requests.
I. Summary of the City Council public hearin :
a. In favor: Marty CamberlMggApplicant
b. In opposition: None
c. Commenting:None
d. Written testimpny*None
e. Staff presenting application: Sonya Allen
f. Other Staff commenting on application:None
2. Key issue(s)of public testimon
a. None
3. Key issue(s)of discussion by City Council:
a. Appreciation that the deisgn of the proposed development is comatible with adjacent
residential uses.
4. City Council change(s)to Commission recommendation.
a. None
Page 9
VIII. EXHIBITS
A. Annexation Legal Description and Exhibit Map
C C46 -)A r LAND SuRvFYI NO PLLC
CNent:Ma rty Comberla ngo
Date:June 24,202 2
JO No-,1422
ANNEXATION DESGRIFFION
A pawcol ot land being a portion of Lot 5 of Crestwood Subdivision No. I and lorated in the NE V4 NE V4 of
Section 31.Township 4 North,Range 1 East.Bo�sc Meridia n.Ada County.Ido ho,more pardetAlarly
described as follows:
Ccrnmencling al a found Zinc Gap monument stamped'PLS 7043'marking 1he NE Cernef of&Md NE V4
NE114.(Sectlan corner common to Sediom 29.3G,31,and 32),sald corner bears S.89'46'04'rz..a
dIstance of 2632.39 leet from a found Aluminum Cap marking Tha N 13 of sold Seclion 31:
Thence allong Me Northern Boundary line of sad NE V4 HE V4 also being the Cenlefline of E.McMillan
Road. N.89'46'04"W.,a distance of��.52 feet W the POINT-OF BEGINNMIG,
TWince leaving said NOFtilleffi Boundary.S.0CF13'35"W..a distance of 33.00 to a polint on the 8outhern
Right-of-Way of said E_WMil la n Road;
Thence along a line that is 6 00 feet West nt and parallel w1h the Easterly boundary of said Lai 5-S.
00'34�25"W.,Es distance of 629.45 faet ID a poink on the Northern Boundary of Havasu Creek Subdivision
No-1,Book 66,Page 0737:
Thence along said Northern Boundary of Havasu Creek No. 1,and the Norkhern BDu nda:Fy&Havasu Creak
Subdivisi on No.2,Book 87,Page 9875. N.89'56'3T W..a d istance of 334-40 feet to a found Y8 inch Von
pin stamped'PLS 4116':
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Page 10
ANNEXATION EXHIBIT
BEING IN LOT 5, BLOCK 1, CRESTWOOD SUBDIVISION NO. 1,
LOCAT ED I N THE N E 1/4 N E 114 OF S ECTION 3 1,
T. 4 N., R. 1 E., B.M., ADA COUNTY, IDAHO
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COMPASS LAND SURVEYING, PLLC
623 11 th Avenue South Nnmpa, ID 93651
JN 1422 01tice:(208)442-0116
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B. Preliminary Plat(dated: 5/12/22)
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C. Landscape Plan(dated: 7/15/2021)
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Page 15
IX. CITY/AGENCY COMMENTS & CONDITIONS
The Applicant shall obtain final approval of the property boundary adjustment application(ROS#12793)
from Ada Countyprior to City Council approval of the proposed annexation-.Afinal approval letterfor the
PBA application was submitted.
A. PLANNING DiviSION
1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to
approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the
property owner(s)at the time of annexation ordinance adoption, and the developer.
Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
Planning Division within six(6)months of the City Council granting the annexation. The DA shall,
at minimum, incorporate the following provisions:
a. Future development of this site shall be generally consistent with the preliminary plat, landscape
plan and conceptual building elevations included in Section VIII and the provisions contained
herein.
b. The existing home proposed to remain on Lot 6,Block 4 shall be required to connect to City
water and sewer service within 60 days of it becoming available and disconnect from private
service, as set forth in MCC 9-1-4 and 9-4-8.
2. The final plat shall include the following revisions:
a. The minimum street frontage of Lot 8,Block 4 shall be a minimum of 30 feet as set forth in
UDC 11-2A-3 and Table 11-2A-5 for the R-4 zoning district.
b. Graphically depict a 20-foot wide easement for the City of Meridian water main line on Lot 7,
Block 4. Also,include a note with the recorded instrument number of the easement; a separate
easement will be required.
c. Provide a minimum 5-foot wide strip of land outside of the water main line easement noted
above for landscaping along the pathway on Lot 7,Block 4.
d. Correct the spelling of Matador Ct. (if spelled wrong).
3. The landscape plan submitted with the final plat shall include the following revisions:
a. The minimum street frontage of Lot 8,Block 4 shall be a minimum of 30 feet as set forth in
UDC 11-2A-3 and Table 11-2A-5 for the R-4 zoning district.
b. Include mitigation calculations on the plan for existing trees that are proposed to be removed in
accord with the standards listed in UDC 11-3B-10C.5. The Applicant shall coordinate with the
City Arborist(Kyle Yorita jgorita@merj!���to determine mitigation requirements
prior to removal of existing trees from the site.
c. Modify detail#5 on Sheet L-I to include the proposed berm along E. McMillan Rd.
d. Depict location of the edge of paving on the plan. If the unimproved street right-of-way is ten
(10)feet or greater from the edge of pavement to edge of sidewalk or property line,the
developer shall maintain a ten-foot compacted shoulder meeting the construction standards of
the transportation authority and landscape the remainder with lawn or other vegetative ground
cover per UDC 11-3B-7C.5a.
e. Depict street buffer landscaping in accord with the standards listed in UDC 11-3B-7C.
Page 16
f. Depict landscaping(i.e. shrubs along with the trees and vegetative groundcover) along the
pathway on Lot 7,Block 4 in accord with the standards listed in UDC 11-3B-12C.
g. Include an additional 0.09-acre of qualified common open space per the standards in UDC 11-
3G-3.Ifparkways areprovided toward this requirement, they must comply with the standards
listed in UDC 11-3A-17 and 11-3G-3B.4; amend theplat if needed.
h. Provide a minimum 5-foot wide strip of land outside of the water main line easement noted
above for trees to be planted along the pathway on Lot 7,Block 4.
i. Depict a site amenity totaling a minimum of one(1)point.If a structurefor shade andpicnic
tables are added to the sitting area proposed on Lot 7, Block 4, this area could qualify as a
picnic area, which is two (2)points; or, the Applicant may choose another qualified amenity
from UDC Table I I-3G-4. If a shade structures is proposed,provide a detail with thefinalplat
application.
4. Prior to the City Engineer's signature on the final plat, all existing structures that do not conform to
the setbacks of the R-4 zoning district shall be removed.
5. The address for the existing home is required to change since access will no longer be provided from
McMillan Rd. The Applicant should coordinate the new address with the Land Development Dept.
(trickskmeridianciU.o or mamadorkmeridianciV.oL-g).
B. PUBLIC WORKS
1. Site Specific Conditions of Approval
1.1 Must provide to and through to R1608650155.
1.2 Locate sewer manhole E-8 on property boundary.
1.3 Ensure no sewer services pass through infiltration trenches.
2. General Conditions of Approval
2.1 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-gade is less than three feet than alternate materials shall be used in
conformance of City of Meridian Public Works Departments Standard Specifications.
2.2 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 inftastructure enhancement per MCC 8-6-5.
2.3 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 fonns. 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.
Page 17
2.4 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.
2.5 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.
2.6 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.
2.7 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.
2.8 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.
2.9 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.
2.10 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.
2.11 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.
2.12 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.
2.13 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.
2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.16 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.
2.17 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 I-foot above.
Page 18
2.18 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACHD. The design engineer shall provide certification that the facilities have been installed
in accordance with the approved design plans. This certification will be required before a
certificate of occupancy is issued for any structures within the project.
2.19 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.
2.20 A street light plan will need to be included in the civil construction plans. Street light plan
requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy
of the standards can be found at http://www.meridiancity.org/public—works.aspx?id=272.
2.21 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.
2.22 The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20%of the total construction cost for all completed sewer,water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety,which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
C. FIRE DEPARTMENT
No comments were submitted.
D. POLICE DEPARTMENT
No comments were submitted.
E. PARK'S DEPARTMENT
No comments were submitted.
F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
https:llweblink.meridianciU.orglWebLinklDoc View.gApx?id=269801&dbid=0&L�po=MeridianQU&cr
=I
G. SETTLER'S IRRIGATION DISTRICT(SID)
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Page 19
H. WEST ADA SCHOOL DISTRICT(WASD)
No comments were submitted.
1. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https:llweblink.meridianciU.ofglWebLinkIDocView.g,v x?id=268719&dbid=O&roo=MeridianCiU
,_p
X. FINDINGS
A. Annexation and/or Rezone(UDC 11-513-3E)
Required Findings: Upon recommendation from the commission,the council shall make a full
investigation and shall, at the public hearing,review the application. In order to grant an annexation
and/or rezone,the council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive plan;
The City Council finds the Applicant's request to annex the subject property with R-4 zoning and
develop single-family detached dwellings on the site at a gross density of 2.89 units per acre is
consistent with the density desired in the LDR designation for this property.
2. The map amendment complies with the regulations outlined for the proposed district, specifically the
purpose statement;
The City Councilfinds the proposed map amendment to R-4 and development generally complies
with the purpose statement of the residential districts in that it will contribute to the range of
housing opportunities available in the City consistent with the Comprehensive Plan.
3. The map amendment shall not be materially detrimental to the public health, safety, and welfare;
The City Councilfinds the proposed map amendment should not be detrimental to the public health,
safety and weffiare as the proposed residential uses should be compatible with adjacent single-family
residential homesluses in the area.
4. The map amendment shall not result in an adverse impact upon the delivery of services by any
political subdivision providing public services within the city including,but not limited to, school
districts; and
The City Councilfinds City services are available to be provided to this development. Comments
were not receivedfrom WASD on this application so the Commission is unable to determine impacts
to the school district.
5. The annexation(as applicable)is in the best interest of city.
The City Councilfinds the proposed annexation is in the best interest of the city.
B. Preliminary Plat(UDC 11-613-6)
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)
The City Councilfinds the proposedplat is generally in conformance with the UDC and the
Comprehensive Plan.
Page 20
2. Public services are available or can be made available and are adequate to accommodate the
proposed development;
The City Councilfinds 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;
The City Councilfinds theplat is in conformance with scheduledpublic improvementsfor this area
in accord with the City's CIP.
4. There is public financial capability of supporting services for the proposed development;
The City Councilfinds there is publicfinancial capability ofsupporting servicesfor the proposed
development.
5. The development will not be detrimental to the public health, safety or general welfare; and
The City Councilfinds the proposed development will not be detrimental to the public health, safety
or general we�fare.
6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30-2005,
eff. 9-15-2005)
The City Council is unaware of any significant natural, scenic or historicfeatures that need to
be preserved with this development.
Page 21