CC - Commission Recommendation to Council and Staff Report 3-28
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HEARING
DATE:
March 28, 2023
TO: Mayor & City Council
FROM: Stacy Hersh, Associate Planner
208-884-5533
SUBJECT: H-2022-0085
Rackham East Annexation and Rezone
LOCATION: The Annexation site is located at 1032 S.
Silverstone Way, south of I-84, north of
E. Overland Rd. and east of S. Eagle Rd.,
in Section 16, Township 3N, Range 1E.
The Rezone site is located at 1074 S.
Silverstone Way, South of I-84, North of
E. Overland Rd. and S. Eagle Rd., in
Section 16, Township 3N, Range 1E.
I. PROJECT DESCRIPTION
Annexation (AZ) of a sliver of property currently zoned RUT in Ada County as part of the overall
Eagle View Landing project on 0.143 acres of land with a C-G zoning designation; and a request to
rezone 3.938 acres of land from the C-G zoning district to the R-40 zoning district for the multi-
family portion of the project previously platted as Lots 18 -19, Block 1 of Rackham Subdivision.
A. Project Summary
Description Details Page
Acreage 0.143-acres (AZ); 3.938 (RZ)
Existing/Proposed Zoning RUT in Ada County and C-G (existing)/R-40 (proposed)
Future Land Use Designation Mixed Use – Regional (MU-R)
Existing Land Use(s) Commercial (mixed use) and multi-family apartments
Proposed Land Use(s) Commercial (mixed use) and multi-family apartments
Lots (# and type; bldg./common) 2 buildable lots (1 multi-family & 1 commercial)/0
common lots
Phasing Plan (# of phases) N/A
Number of Residential Units (type
of units)
N/A
Physical Features (waterways,
hazards, flood plain, hillside)
The Ridenbaugh Canal runs along the east boundary of the
site.
Neighborhood meeting date; # of
attendees:
10/12/2022 – 0 attendees
History (previous approvals) Rackham East/Eagle View Apartments AZ, CUP, PP H-
2021-0075, Development Agreement (2022-026383); CZC
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
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Description Details Page
Eagle View Landing Apartments (A-2022-0047); Power
Engineer’s Office Building (Building 5) (A-2022-0059);
Rackham East (PBA-2022-0009)
B. Community Metrics
Description Details Pg
Ada County Highway
District
• Staff report (yes/no) Yes
• Requires ACHD
Commission Action
(yes/no)
No
No
Access
(Arterial/Collectors/State
Hwy/Local)(Existing and
Proposed)
One access is proposed via S. Rolling Hill Dr. from E. Overland
Rd. to the south, and two driveways will provide access from the
commercial development to the west via S. Silverstone Way from
E. Overland Rd. (a signalized intersection exists at
Silverstone/Overland)
Traffic Level of Service
Stub
Street/Interconnectivity/Cro
ss Access
Two (2) driveways will be extended into the site from the west
boundary. S. Rolling Hill Dr. will stub at the southern boundary of
the site.
Existing Road Network S. Rolling Hill Dr., a local street, extends from the south from
Overland Rd. to the north boundary of the site.
Existing Arterial Sidewalks
/ Buffers
There are no existing arterial streets on or abutting this site.
Proposed Road
Improvements
Wastewater
• Project Consistent with
WW Master
Plan/Facility Plan
• Flow is committed
Water
• Water Quality Concerns See application
• Project Consistent with
Water Master Plan
Project is consistent with the Master Plan
If a well is located on the site it must be abandoned per regulatory
requirements and proof of abandonment must be provided to the
City. A well can be used as a year-round source or as backup to
the PIRR system. In which case it does not need to be abandoned.
Note that the existing well(s) must be disconnected from any
buildings that remain with verification of disconnect by Meridian
Public Works Department.
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Description Details Pg
C. Project Area Maps
A. Applicant:
Brighton Development, Inc. – 2929 W. Navigator Dr., Ste. 400, Meridian, ID 83642
B. Owners:
BVA Eagle View Office No. 5, LLC – 2194 Snake River Parkway, Ste. 300, Idaho Falls, ID
83402
Future Land Use Map
Aerial Map
Zoning Map
Planned Development Map
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C. Representative:
Josh Beach, Brighton Development, Inc. – 2929 W. Navigator Dr., Ste. 400, Meridian, ID 83642
II. NOTICING
Planning & Zoning
Posting Date
City Council
Posting Date
Notification published in
newspaper 1/18/2023 3/2/2023
Notification mailed to property
owners within 500 feet 1/12/2023 3/10/2023
Applicant posted public hearing
notice on site 2/14/2023 3/15/2023
Nextdoor posting 1/13/2023
III. COMPREHENSIVE PLAN ANALYSIS (Comprehensive Plan)
Land Use: The Future Land Use Map (FLUM) contained in the Comprehensive Plan designates this
property as Mixed Use – Regional (MU-R).
The purpose of the MU-R designation is to provide a mix of employment, retail, and residential
dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses
together, including residential, and to avoid predominantly single-use developments such as a
regional retail center with only restaurants and other commercial uses. Developments should be
anchored by uses that have a regional draw with the appropriate supporting uses. The developments
are encouraged to be designed consistent with the conceptual MU-R plan depicted in Figure 3D (pg.
3-17).
The Applicant is currently developing the site with office (and possibly some secondary retail uses)
and multi-family residential uses. The site is located near S. Eagle Rd. and E. Overland Rd., a major
arterial intersection, and the Eagle Rd./I-84 interchange. The offices provide nearby employment
opportunities and services for residents in the vicinity. Other commercial uses (offices, entertainment,
multi-tenant retail, hotel, etc.) exist to the west in the larger MU-R designated area for a larger mix of
uses as desired in MU-R designated areas. Pedestrian walkways are proposed for interconnectivity
within the overall area.
Annexation and Rezone:
The proposed annexation is for a sliver of property on 0.143-acres of land with a C-G (General Retail
and Service Commercial) zoning designation. The out parcel along the northern boundary of the site
was owned by a third party and not part of the Development Agreement (#2022-026383). During the
Public Hearing process for this development, the Applicant placed the out parcel under contract; the
property has now been acquired and included in the overall Eagle View Landing project. City Staff
requested that the Applicant request R-40 zoning for the multi-family portion of the development to
more accurately reflect the uses developed on this site when looking at the City’s zoning map.
Ultimately, the project was approved with a C-G zoning designation for the multi-family portion of
the development. Both the office buildings and multi-family development are currently under
construction at this time and were approved with Certificate of Zoning Compliance and Design
Review Applications (A-2022-0047, A-2022-0059, A-2022-0118). A condition of approval of the
Rackham East Subdivision/Eagle View Landing project required the Applicant to annex the out-
parcel along the northern boundary of the site and rezone the western C-G zoned portion of the
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multifamily development to R-40 within one (1) year of recordation of the Development Agreement.
This application request is to initially ensure a clean-up of the zoning for these sites.
The City may require a development agreement (DA) in conjunction with annexation and
rezone pursuant to Idaho Code section 67-6511A. Because there is already an existing DA in
effect for this property and the proposed development is in compliance with the DA, Staff does
not recommend a new DA or changes to the DA with this application.
IV. DECISION
A. Staff:
Staff recommends approval of the requested annexation and rezone with the provisions noted in
Section VI, per the Findings in Section VII.
B. The Meridian Planning & Zoning Commission heard these items on March 2, 2023. At the public
hearing, the Commission moved to recommend approval of the subject Conditional Use Permit
request.
1. Summary of Commission public hearing:
a. In favor: Jon Wardle, Brighton Corporation;
b. In opposition: Michael Blowers
c. Commenting: Jon Wardle;
d. Written testimony: None
e. Staff presenting application: Stacy Hersh, Associate Planner
f. Other Staff commenting on application: None
2. Key issue(s) of public testimony:
a. Traffic concerns with the overall development impacting the adjacent existing residents.
3. Key issue(s) of discussion by Commission:
a. None
4. Commission change(s) to Staff recommendation:
a. None
5. Outstanding issue(s) for City Council:
a. None
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V. EXHIBITS
A. Annexation Legal Description & Exhibit Map
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B. Rezone Legal Description & Exhibit Map
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C. Vicinity Map
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VI. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. Development of the subject property shall be generally consistent with the preliminary plat,
landscape plan, phasing plan, conceptual development plan, pedestrian circulation plan, and
conceptual building elevations submitted with the recorded Development Agreement (2022-
026383) and the Certificate of Zoning Compliance and Design Review (A-2022-0047; A-
2022-0059; A-2022-0118; PBA-2022-0009).
B. PUBLIC WORKS
1. Site Specific Conditions of Approval
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-grade 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 infrastructure 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
forms. The easement shall be graphically depicted on the plat for reference purposes. Submit
an executed easement (on the form available from Public Works), a legal description
prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of
the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances
(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a
Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this
document. All easements must be submitted, reviewed, and approved prior to development
plan approval.
2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). 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.
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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 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.17 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.
2.18 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.
2.19 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.
2.20 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.
2.21 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.
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2.22 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.
2.23 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 at this time.
D. POLICE DEPARTMENT
No comments at this time.
E. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=285788&dbid=0&repo=MeridianC
ity&cr=1
F. ADA COUNTY DEVELOPMENT
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=285790&dbid=0&repo=MeridianC
ity
G. ADA COUNTY HIGHWAY DISTRICT (ACHD)
No comments at this time.
VII. FINDINGS
A. Annexation and Rezone (UDC 11-5B-3E)
Required Findings: Upon recommendation from the commission, the council shall make a full
investigation and shall, at the public hearing, review the application. In order to grant an
annexation and/or rezone, the council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive plan;
Staff finds the proposed zoning map amendment to C-G and R-40 is consistent with the
Comprehensive Plan and the MU-R FLUM designation.
2. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
Staff finds the proposed map amendment will allow for the development of a mix of office
and multi-family residential uses which will assist in providing for the service needs of area
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residents consistent with the purpose statement of the commercial districts in accord with the
Comprehensive Plan.
3. The map amendment shall not be materially detrimental to the public health, safety, and
welfare;
Staff finds the proposed zoning map amendment should not be detrimental to the public
health, safety and welfare.
4. The map amendment shall not result in an adverse impact upon the delivery of services by
any political subdivision providing public services within the city including, but not limited
to, school districts; and
Staff finds the proposed zoning map amendment will not result in an adverse impact on the
delivery of services by any political subdivision providing public services within the City.
5. The annexation (as applicable) is in the best interest of city.
Staff finds the proposed annexation and rezone is in the best interest of the City, if the
property develops consistent with the recorded development agreement noted in section VI.A.
above.