Crowley Park Subdivsion (H-2023-0053) Findings CITY OF MERIDIAN -:FINDINGS OF FACT, CONCLUSIONS OF LAWM- 1E AND DECISION DECISION&ORDER
In the Matter of the Request for Annexation of 1.002 acres of land with an R-8 zoning district,
Preliminary Plat consisting of 4 residential building lots(including one existing home to remain)
and 1 common lot for Crowley Park Subdivision,by Riley Planning Services,LLC.
Case No(s). H-2023-0053
For the City Council Hearing Date of. December 12,2023 (Findings on December 19,2023)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of December 12,2023,incorporated
by reference)
2. Process Facts(see attached Staff Report for the hearing date of December 12,2023,incorporated
by reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of December 12,
2023,incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of December 12,2023,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(LC. §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(CROWLEY PARK SUBDIVISION-FILE#H-2023-0053)
-1-
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of December 12,2023,incorporated by reference. The conditions are concluded to
be reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that:
1. The applicant's request for Annexation and Preliminary Plat is hereby approved per the
conditions of approval in the Staff Report for the hearing date of December 12,2023,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 11-6B-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 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up
to two(2)years as determined and approved by the City Council may be granted.With all
extensions,the Director or City Council may require the preliminary plat,combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension,the property shall be required to go through the platting procedure again(UDC 1I-
6B-7C).
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s)and returned to the city within six(6)months of the city council granting the
modification.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(CROWLEY PARK SUBDIVISION-FILE#H-2023-0053)
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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, 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 December 12,2023
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(CROWLEY PARK SUBDIVISION-FILE#H-2023-0053)
-3-
b 4mer
By action of the City Council at its regular meeting held on the 19th day of Dece ,
2023.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED
COUNCIL VICE PRESIDENT JOE BORTON VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER JOHN OVERTON VOTED
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison 12-19-2023
Attest:
Chris Johnson 12-19-2023
City Clerk
Copy served upon Applicant,Community Development Department,Public Works Department and City
Attorney.
12-19-2023
By: Dated:
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(CROWLEY PARK SUBDIVISION-FILE#H-2023-0053)
-4-
Exhibit A
STAFF REPORT E COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT n v
HEARING December 12, 2023
Legend
DATE:
ECIProje Location
TO: Mayor&City Council
FROM: Stacy Hersh,Associate Planner
208-884-5533 ��u E
SUBJECT: Crowley Park Subdivision I 0 e °
1-1-2023-0053
TF-M � f
LOCATION: 4135 W. Cherry Lane in the Northeast
1/4 of the Northwest 1/4 of Section 10,
Township 3N,Range 1 W(Parcel
4S1210212465)
L PROJECT DESCRIPTION
Annexation of 1.002 acres of land with an R-8 zoning district,Preliminary Plat consisting of 4 residential
building lots(including one existing home to remain)and one (1)common lot for Crowley Park Subdivision.
IL SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 1.002 acres
Future Land Use Designation Medium Density Residential(MDR)
Existing Land Use Single-family residential(SFR)/ag
Proposed Land Use(s) Single-Family attached residential
Current Zoning Single-Family residential zone(RI)in Ada County
Proposed Zoning R-8(Medium Density Residential)
Lots(9 and type;bldg/common) 4 buildings(including 1 existing lot)/l common
Phasing plan(9 of phases) 1
Number of Residential Units(type 4 single-family attached units and 1 existing home
of units)
Density(gross&net) 3.99 units/acre(gross)
Open Space(acres,total[%]/ 0%,not required for developments under 5 acres
buffer/qualified)
Page 1
Amenities None
Physical Features(waterways, None
hazards,flood plain,hillside)
Neighborhood meeting date 8/3/2023
History(previous approvals) None
B. Community Metrics
Description I Details Page
Ada County Highway
District
• Staff report Yes
(yes/no)
• Requires No
ACHD
Commission
Action
(yes/no)
• Existing 1. Right-of-Way—Cherry Lane
Conditions a. Existing Conditions: Cherry Lane is improved with 5-travel lanes, on-street bike
lanes, vertical curb,gutter,and 7-foot wide attached concrete sidewalk abutting the
site.There is 90-feet of right-of-way for Cherry Lane(45-feet from centerline).
• CIP/IFYWP C.Traffic Information
Trip Generation
This development is estimated to generate 29 additional vehicle trips per day(10 existing);
and 2 additional vehicle trips per hour in the PM peak hour(1 existing),based on the Institute
of Transportation Engineers Trip Generation Manual,11 m edition.
Condition of Area Roadways:Traffic Count Is based on Vehicles per hour(VPH)
Roadway Frontage Functional PM Peak Hour PM Peak Hour
Classification Traffic Count Level of Service
Cherry Lane 126-feet Principal Arterial 704 Better Than"E"
"Acceptable level of service for a five-lane principal arterial is"E"(1,780 VPH).
Average Daily Traffic Count(VDT): Average daily traffic counts are based on ACHD's most current
traffic counts.
• The average daily traffic count for Cherry Lane west of Ten Mile Road was 14,642 on
March 20,2019.
Access(Arterial/Collectors/State Cherry Lane is classified as a principal arterial roadway. Other than the
Hwy/Local)(Existing and Proposed) access specifically approved with this application off of W.Cherry Lane,
direct lot access is prohibited to this roadway and should be noted on the
final plat.
Proposed Road Improvements None
Fire Service No comments received
Police Service No comments received.
West Ada School District No comments received.
Distance(elem,ins,Its)
Capacity of Schools
#of Students Enrolled
Wastewater
Page 2
adjacent• Distance to Sewer Services Directly
• Sewer 1 North Black
Estimated• Project Sewer See application
• WRRF DecliningBalance
Project•
Master ' Plan
• /. /lic Works' Site-Specific ConditionsB.
availableWater
• Distance to Services Water
• Pressure Zone 2
• Estimated Project application
Quality• Water
Project•
Water Master Plan
• /, /lic Works' Site-Specific ConditionsB.
C. Project Maps
Future II Use Map Aerial Map
M J
Legend 0 Legend
M Project Location Project Location
e i
■■■■■'�■�� �1�� Kai! ,� _ i -� r,�� `° CHER
■■1PM76�d'!�qm
■ it� ������ -_/- '.►�.,�� 1 �'` 111
■■■ ■ ���� a •�mm-"'fir r ���� �I � ■��"� P't � �\�� � � >`�_
. /
Zoning Map Planned Development Map
Legend 0 Legend
Project Location \ Project Location
Y City Limits
Planned Parcels
W-CHERRY=L• W'CHERRY=L•
R2
EMIF
® R1 R-L R-4 ® z
III. APPLICANT INFORMATION
A. Applicant:
Penelope Riley,Riley Planning Services LLC—P.O.Box 405,Boise,ID 83701
B. Owner:
Luke Gilbert,Gilbert RE Holdings,LLC— 1065 S. Allante Place,Boise,ID 83709
C. Representative:
Same as Applicant
IV. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Newspaper notification
published in newspaper 10/31/2023 11/21/2023
Radius notification mailed to
property owners within 500 feet 10/27/2023 11/23/2023
Public hearing notice sign posted
11/6/2023 11/30/2023
on site
Nextdoor posting 10/27/2023 11/21/2023
Page 4
V. COMPREHENSIVE PLAN ANALYSIS
LAND USE: This property is designated as Medium Density Residential(MDR)on the Future Land Use Map
(FLUM)contained in the Comprehensive Plan. This designation allows for dwelling units at gross densities
of 3 to 8 dwelling units per acre.
The subject 1.002-acre property currently contains an existing home and is an enclave surrounded by
existing single-family residential homes. The subject site abuts an R-8 development to the west and south,
Cherrywood Village Subdivision;to the east is an R-4 development,Rods Parkside Creek Subdivision; and
to the north are two R-4 developments,Golf View Estates Subdivision and Cherry Lane Village Subdivision.
The subject property is designated as Medium Density Residential on the future land use map consistent with
the approved development to the west. The Applicant proposes a 4-lot subdivision for single-family
residential detached homes and one existing single-family detached home at a gross density of 3.99 units per
acre,which is within the desired density range of the MDR designation.
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)
The proposed single-family detached dwellings and one existing single-family detached dwelling
with a mix of lot sizes will contribute to the variety of housing options in this area and within the
City as desired. Existing single-family attached and detached dwellings are in the Medium-Density
Residential development to the west and south and existing Medium Low-Density Residential
developments consisting of detached dwellings are located within the surrounding area.
• "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 of single family detached homes with some single-family attached
homes located to the west,only single-family detached homes and one existing single-family
detached home are proposed within this development. The proposed development offers lot sizes
ranging from 5,148 to 9,210 square feet(sf.)with the existing home on a 9,524 sf. lot.
• "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 medium-density residential single-family detached homes contribute to the variety of
residential categories within the surrounding area as desired.
• "Encourage compatible uses and site design to minimize conflicts and maximize use of land."
(3.07.00)
The proposed site design provides maximum use of the land with the proposed residential dwelling
types and should be compatible with the existing developments on adjacent properties that are also
designated for MDR uses.
• "Support infill development that does not negatively impact the abutting,existing development.
Infill projects in downtown should develop at higher densities,irrespective of existing
Page 5
development."(2.02.02C)
The proposed development will not likely impact the existing abutting developments to the east, west,
and south.
• "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 through this development in accord with
current City plans.
• "Require pedestrian access in all new development to link subdivisions together and promote
neighborhood connectivity." (2.02.011))
A 7-foot-wide existing pedestrian sidewalk connection is located along W. Cherry Lane. The existing
sidewalk provides a link between all subdivisions east and west of this site.
• "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.
Based on the analysis above, staff finds the proposed development is consistent with the Comprehensive
Plan.
VI. STAFF ANALYSIS
A. ANNEXATION(AZ)
The Applicant proposes to annex 1.002 acres of land with an R-8 zoning district. A legal description and
exhibit map for the annexation area is included in Section VIILA. This property is within the City's Area
of City Impact boundary.
A preliminary plat and conceptual building elevations were submitted showing how the property is
proposed to be subdivided and developed with 3 single-family residential detached dwelling units, 1
existing single-family detached dwelling unit,and 1 common lot at a gross density of 3.99 units per acre
(see Sections VIII.C,E). The proposed use and density of the development are consistent with the MDR
FLUM designation.
Single-family detached dwellings are listed as a principal permitted use in the R-8 zoning district per
UDC Table 11-2A-2.Future development is subject to the dimensional standards listed in UDC Table
11-2A-6 for the R-8 zoning district.
Page 6
There is an existing home on approximately a quarter of an acre adjacent to W. Cherry Lane. The
property owner intends to annex and connect to City utilities with this development.
The property is contiguous to City annexed land to the north and is within the City's Area of City Impact
boundary.A legal description and exhibit map of the overall annexation area for the R-8 zoning districts
are included in Section VIILA.
The City may require a development agreement(DA)in conjunction with an annexation pursuant to
Idaho Code section 67-6511A. If this property is annexed, Staff recommends a DA is required with
the provisions discussed herein and included in Section IX.A.
B. PRELIMINARY PLAT(PP):
The proposed preliminary plat consists of 4 building lots and 1 common lot on 1.002-acre property in the
proposed R-8 zoning district. Proposed lots range in size from 5,148 to 9,524 square feet(s.f.)(or 0.12 to
0.22 acres). The proposed gross density of the subdivision is 3.99 units per acre. The subdivision is
proposed to develop in one phase as shown in Section VIII.B.
Existing Structures/Site Improvements: An existing home on the property is proposed to remain on
Lot 2,Block 1. The outbuildings located on Lots 1 and 3,Block 1 should be removed with development
of this property. 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 are required to
comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. The
proposed plat appears to comply with the dimensional standards of the district, except for the
front porch on the existing home which encroaches more than two feet into the required setback
(see landscape buffers below for analysis). Per UDC 11-2A-3B.3,lots taking access from a common
drive do not require street frontage.
Access: Access is proposed from W. Cherry Lane from a common driveway on Lot 1,Block 1. Direct
lot access from W. Cherry Lane for Lot 2,Block 1 is prohibited.The interior Lots 3,4, 5,Block 1 are
proposed to take access via a common drive to W. Cherry Lane,meeting the street access requirements
of UDC 11-3A-3A.
Common Driveways(UDC 11-6C-3D): Common driveways shall serve a maximum of four(4)
dwelling units. In no case shall more than three (3) dwelling units be located on one (1) side of the
driveway. The Applicant is proposing four(4)dwelling units take access off the main common
driveway,all four(4)dwelling units are also located on one (1) side of the driveway. However,three(3)
dwelling units are taking access via a side common drive that connects to the main common drive. The
Director has determined that the proposed orientation of the dwelling units off the side common drive
meets the intent of the UDC code.
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 dwellings based on the number of bedrooms per unit. Staff will
confirm compliance with these standards at the time of building permit submittal for each residence. The
Applicant has provided an additional three (3)parking stalls at the end of the common drive on the
southeast side of the site for overflow parking. The existing home does not meet the required number of
off-street parking spaces per UDC Table 11-3G6 for a three (3)bedroom home; four(4)parking spaces
are required,at least 2 in an enclosed garage,other spaces may be enclosed or a minimum 10-foot by 20-
foot parking pad. The existing home does not have an enclosed two-car garage;however,the required
number of parking spaces is provided via an existing carport and driveway.
The carport shares a roofline with the existing home and is currently accessed from the west;
access to the carport will change to the south upon approval and completion of the subdivision
Page 7
site improvements once the entry point to the carport is shifted to the south and the common
drive is constructed. The Applicant is also proposing to add a fence to provide additional
screening of the carport from W. Cherry Lane. The existing home is recognized as non-
conforming due to the off-street parking requirements in UDC 11-3C-6. Per UDC 11-IB-4, no
existing structure containing a nonconforming use may be enlarged, extended, constructed,
reconstructed, moved, or structurally altered except through the approval of a conditional use
permit. As a result of the non-conformity, the Applicant is required to apply for a Conditional
Use Permit for any future expansions on the property.
1
Landscaping(UDC 11-3B): A twenty-five foot landscape buffer is required along W. Cherry Lane in
accord with UDC 11-3B-7. The landscape plan submitted depicts a 20-foot landscape buffer along W.
Cherry Lane that includes four(4)existing trees. The Applicant has proposed a water-conserving design
aimed to reduce the required landscape buffer to 20 feet in width. However, the proposed design lacks
features like boulders, rocks, and/or permeable handscape materials such as pavers and flagstones, and
water conserving grasses. The design should incorporate plants and trees that thrive in climates with
approximately ten (1) to twelve (12)inches of annual rainfall. Staff recommends that the Applicant
revise the landscape plan to comply with the requirements for a water-conserving design in accordance
with UDC 11-3B-5.2.0).
Sidewalks (11-3A-17): Cherry Lane is improved with an existing 7-foot wide attached concrete
sidewalk abutting the site in accord with UDC standards. Staff is not recommending that this sidewalk be
replaced with and 7-foot detached sidewalk.
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 1,Block 1 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.
Fencing(UDC 11-3A-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC
11-3A-7. The Applicant is proposing fencing in front of the carport for screening provided there is
not a conflict with the proposed layout of the fire hydrant service line. A detail of the fencing
should be provided with the final plat.
Pressurized Irrigation System (UDC 11-3A-I5): Underground pressurized irrigation water is required
to be provided to each lot within the subdivision asset forth in UDC 11-3A-15. Given that the
Page 8
property possesses irrigation rights and access, surface water rights should be used as the primary
source over the groundwater well in accordance with the regulations of Settlers Irrigation District.
Settlers Irrigation District does not permit the exclusion of water rights to the subject parcel~
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-18.
Building Elevations: Three(3)conceptual building elevations were submitted that demonstrate what
future homes in this development will look like (see Section MILE).Variations of one-story homes with
a three-car garage are proposed. The submitted elevations depict a number of different architectural
and design styles with field materials of lap siding,differing color accents, roof profiles,and stone.
VIL 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&Zoning Commission heard these items on November 16,2023. At
the public hearing,the Commission moved to recommend approval of the subject Annextion
and Preliminary Plat requests.
1. SgMMM of Commission public hearing:
a. In favor: Penelope Constantikes,Riley Planning Services, LLC; Luke Gilbert,
property owner
b. In opposition:None
C. Commenting: Bill Canfield,Judy Cartwright,Esther Burgoyne
d. Written testimony:None
C. Staff presenting application: Stacy Hersh,Associate Planner
f. Other Staff commenting on application:None
2. Ke, ids)of public testimony
a. Concerns with the existingfncing deteriorating and falling down with
development.
b. Concerns were raised about an existing tree due to its branches and roots
extending both under and over the existing fence
3. Key issue(s)of discussion by Commission:
a. None
4. Commission change(s)to Staff recommendation,
a. None
5. Outstanding issue(s)for Cily Council:
a. None
C. The Meridian City Council heard these items on December 12.2023.At the public hearing_ the
Council moved to approve the subject Annexation and Preliminary requests.
1. Summary of the City Council public hearing:
a. In favor: Penlelope Constantikes,Riley Planning Services,LLC: Luke Gilbert,property
owner
b. In Opposition: None
C. Commenting: None
Page 9
d. Written testimony: None
C. Staff presenting application: Stacy Hersh_Associate Planner
f. Other Staff commenting on application: None
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by City Council:
a. None
4. City Council change(s)to Commission recommendation.
a. None
Page 10
VIIL EXHIBITS
A. Annexation Legal Description and Exhibit Map
ANNEXATION
BOUNDARY DESCRIPTION'
The fallowing Describes a Parcel of Land lying in a portion of the NW 114 of Section 10,
township 3 North„ Range 1 West., Boise Meridian.City of Meridian,Ada County
Idaho being more particularly describad as follows.
COMMENCING at the Northwest Corner of said Section 10 which is being Monumented
with a found ""Iron pin with"No Cap". From which, the North 114 Corner of
said Section 10 which is being Monumented with a found Brass Cap bears,
South 89*15'31`East,2M.04 feet; Thence along the Northerly Boundary Line
of the NW 114 of said Section 10, South 89*15'31"East,2195.88 feet to the
POINT OF BEGINNING:
Thence continuing, South 89'16'34' East, 124.22 feet;
Thence leaving said Norttherty Boundary Line,South 00°04'22'East, 386.74 feet to a
found 516' Iron Pin 'PLS 4116";
Thence, North 88"23'57"West, 130.98 feet to a found 518"Iron Pin`PLS 4116";
Thence, North 00°55'39'East, 3t34,74 feet to the POINT OF BEGINNING:
The above Described Parcel of Land contains I A 3 Acres(49,213 Sq. Ft.),mom or
less.
Vzrtza'
8251 g
Page 11
ANNEXATION EXHIBIT
A PORTION OF THE NW 114 OF SECTION 10,TOWNSHIP 3 NORTH. RANGE 1 WEST,
BOISE MERIDIAN,CITY OF MERIDIAN,ADA COUNTY, IDAHO
2023
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9179 W. BLACK EAGLE DR.
Bake Idaho
Phone: 208-900-9049
Page 12
B. Preliminary Plat Legal Description and Exhibit Map
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DAVID EVANS
ASSOC IATES rw:
ANNEXATION
BOUNDARY DESCRIPTION
The following Describes a Parcel of Land lying in a portion of the NW 1A of Section 10,
Township 3 North„ Range 1 West., Boise Meridian,City of Meridian,Ada County
Idaho being more particularly described as follows:
COMMENCING at the Northwest Corner of said Section 10 which is being Monumented
with a found 5/8` Iron pin with"No Cap"; Front which,the North 114 Corner of
said Section 10 which is being Monumented with a found Brass Cap bears,
South 89'1611" East,2645.04 feet; Thence along the Northerly Boundary Line
of the NW 114 of said Section 10, South 89'1531" East,2195.88 feet to the
POINT OF BEGINNING:
Thence continuing, South 89'15'34'East, 124.22 feet;
Thence leaving said Northerly Boundary Line, South DO'04'22" East,386.74 feet to a
found 518 iron Pin"PLS 4116";
Thence. North 88'23 57' West, 130.98 feet to a found 518" Iron Pin"PLS 4116
Thence, North 00°55'39' East, 384.74 feet to the POINT OF BEGINNING:
The above Described Parcel of Land contains 1.13 Acres(49,213 Sq, Ft.), more or
less.
11 Z1/23
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Page 13
ANNEXATION EXHIBIT
A PORTION OF THE NW 114 OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 WEST,
BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO
2023
SASIS OF BEAMNG:
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Pnone 208-900-9D49
Page 14
C. Preliminary Plat(dated: 6/15/23)
'— -- -- PRELIMINARY PLAT FOR
CROWLEY PARK SUBDIVISION 1
A PARCEL OF LAND LOCATED IN THE NB 114 OF
�;.. THE NII 114 OF SECTION fO. T.3N. RAI. B.M.
CITY OF MERIDIAN, ADA COUNTY. IDAHO a
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Page 15
D. Landscape Plan(dated: 9/15/23)
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Page 16
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X. CITY/AGENCY COMMENTS & CONDITIONS
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 IF City Council determines annexation is in the
best interest of the City:
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 on Lot 1,Block 1 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.
c. As a result of the non-conformity to the existing home due to the off-street parking requirements
in UDC 11-3C-6,the Applicant/Owner is required to apply for a Conditional Use Permit for
any future expansions on the property.
2. The final plat prepared by Rock Solid Civil on June 15,2023 is approved as submitted.
3. The landscape plan submitted with the final plat shall include the following revisions:
a. Revise the landscape plan to depict a variety of lacks features like boulders,rocks,and/or
permeable hardscape materials such as pavers and flagstones,and water conserving grasses to
comply with the requirements for a water-conserving design in accordance with UDC 11-3B-
5.2.0. The design shall incorporate plants and trees that thrive in climates with approximately
ten(1)to twelve (12)inches of annual rainfall.
b. Depict a fencing detail for all new fencing proposed for the subject site.
c. Mitigation shall be required for all existing trees four-inch caliper or greater that are removed
from the site with equal replacement of the total calipers lost on site up to an amount of one
hundred(100)percent replacement per UDC 11-3B-1OC.5.
4. The proposed plat and subsequent development are required to comply with the dimensional
standards listed in UDC Table 11-2A-6 for the R-8 zoning district.
5. Prior to the City Engineer's signature on the final plat,all existing structures that do not conform to
the setbacks of the R-8 zoning district shall be removed.
6. Off-street parking is required to be provided in accord with the standards listed in UDC Table 1I-
3C-6 for single-family dwellings based on the number of bedrooms per unit,except for the existing
residence on Lot 1,Block 1.
7. The Applicant shall comply with all ACHD conditions of approval.
8. Direct lot access from W. Cherry Lane is prohibited.
10. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the
standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in
UDC 11-3B-5,UDC 11-3B-13 and UDC 11-3B-14.
Page 22
12. The preliminary plat approval shall become null and void if the applicant fails to either: 1)obtain the
City Engineer's signature on a final plat within two years of the date of the approved findings; or 20
obtain approval of a time extension as set forth in UDC 11-6B-7.
B. PUBLIC WORKS
https:llweblink.meridiancioy oEgi ebLinkIDocView.aspx?id 309527&dbid O&roo MeridianCitX
C. FIRE DEPARTMENT
No comments at this time.
D. POLICE DEPARTMENT
No comments at this time.
E. PARK'S DEPARTMENT
No comments at this time.
F. SETTLERS IRRIGATION DISTRICT
https:llweblink.meridianciV.oLgLNebLinkIDocView.aspx?id 310450&dbid O&repo MeridianCity&cr
1
https://weblink.meridianciV.oLg/2ebLinkIDocView.aspx?id 310529&dbid O&rgpo MeridianCity
G. ADA COUNTY DEVELOPMENT SERVICES(ACDS)
https://weblink.meridiancioy.orgi ebLinkIDocView.g x?id 310572&dbid O&repo MeridianCitX
H. WEST ADA SCHOOL DISTRICT(WASD)
No comments were received from WASD.
L DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
https://weblink.meridiancioy org/WebLink/DocView.aspx?id 309946&dbid 0&rgpo MeridianCitX
J. IDAHO TRANSPORTATION DEPARTMENT(ITD)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id 309599&dbid 0&rgpo MeridianCitX
K. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https://weblink.meridiancioy oEgi ebLinkIDocView.aspx?id 310013&dbid O&rgpo MeridianCitX
XI. FINDINGS
A. Annexation and/or Rezone(UDC 11-511-3E)
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;
Commission finds the Applicant's request to annex the subject property with R-8 zoning and develop
single-family attached dwellings on the site at a gross density of 3.99 units per acre is consistent with
Page 23
the density desired in the MDR designation for this property; the preliminary plat and site design is
consistent with the Comprehensive Plan, if all conditions of approval are met.
2. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
Commission finds the proposed map amendment to R-8 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;
Commission finds the proposed map amendment should not be detrimental to the public health,
safety and welfare as the proposed residential uses should be compatible with adjacent single-family
residential homes/uses 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
Commission finds City services are available to be provided to this development. Comments were
not received from WASD on this application so Staff is unable to determine impacts to the school
district.
5. The annexation (as applicable)is in the best interest of city.
Commission finds the proposed annexation is in the best interest of the city if revisions are made to
the development plan as recommended.
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)
Commission finds the proposed plat is generally in conformance with the UDC and the
Comprehensive Plan.
2. Public services are available or can be made available ad are adequate to accommodate the proposed
development;
Commission 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;
Commission finds there are no roadways, bridges or intersections in the general vicinity that are in
the IFYWP or the CIP.
4. There is public financial capability of supporting services for the proposed development;
Commission finds there is public financial capability of supporting services for the proposed
development.
— Page 24
5. The development will not be detrimental to the public health, safety or general welfare; and
Commission 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)
Commission is unaware of any significant natural, scenic or historic features that need to be
preserved with this development.
Page 25