Paramount East Subdivision - CPAM-12-002 RZ-12-001 PP-12-002CITY OF MERIDIAN E IDIAN~--
FINDINGS OF FACT, CONCLUSIONS OF LAW ~
~'~ IDAHO
DECISION & ORDER
In the Matter of Comprehensive Plan Map Amendment from Office to Medium-density
Residential; Rezone of 12.47 Acres of Land from the L-O Zoning District to the R-S Zoning
District; and Preliminary Plat Consisting of 46 Single-Family Residential Lots and 6 Common Lots
on 12.90 Acres of Land for Paramount East Subdivision, Located at on the West Side of N.
Meridian Road, Between N. Producer Drive and W. McMillan Road, by Brighton Development Inc.
Case No(s). CPAM-12-002, RZ-12-001 and PP-12-002
For the City Council Hearing Date of: September 18, 2012 (Findings on October 2, 2012)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of September 18, 2012, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of September 18, 2012, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of September 18,
2012, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of September 18, 2012, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA.
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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CPAM-12-002, RZ-12-001 & PP-12-002
-1-
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
Planning Department, the Public Works Department and any affected party requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of September 18, 2012, 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-SA 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 Comprehensive Plan Map Amendment, Rezone and Preliminary
Plat for Paramount East Subdivision is hereby approved per the conditions of approval in the
attached Staff Report for the hearing date of September 18, 2012, 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 11-
6B-7C).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CPAM-12-002, RZ-12-001 & PP-12-002
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2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of September 18, 2012
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CPAM-12-002, RZ-12-001 & PP-12-002
-3-
By action of the City Council at its regular meeting held on the
2012.
COUNCIL PRESIDENT BRAD HOAGLUN
COUNCIL VICE PRESIDENT CHARLIE ROUNTREE
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER KEITH BHZD
MAYOR TAMMY de WEERD
(TIE BREAKER)
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Mayor Tamm Weerd
4aRA~ED A ~G
Attest: Gay` ~r1
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2 day of Q ' ~
VOTED
VOTED__?
VOTED
VOTED
VOTED
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City of
E IDIAN~..
ynaya
aycee H an, City Clerk
~~ SEAL
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Copy served upon Applicant, The Planning Depa ment, Public Works Department and City Attorney.
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City perk' f e -
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CPAM-12-002, RZ-12-001 & PP-12-002
-4-
EXHIBIT A
STAFF REPORT
Hearing Date:
TO:
FROM:
September 18, 2012
E IDIAN
iDAHt?
SUBJECT:
Mayor and City Council
Bill Parsons, Associate City Planner
208-884-5533
CPAM-12-002; RZ-12-001; PP-12-002 -Paramount East
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Brighton Development Inc., has applied for an amendment to the comprehensive plan
future land use map (CPAM) to change the land use designation on 12.90 acres of land from office to
medium-density residential (MDR).
A rezone (RZ) of 12.47 acres of land from the L-O (Limited Office) zoning district to the R-8
(Medium-density residential) zoning district is also proposed consistent with the CPAM request.
A preliminary plat (PP) consisting of 46 residential lots and 6 common lots is also proposed for the
subject site.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed CPAM, RZ, and PP applications based on the Findings of
Fact and Conclusions of Law in Exhibit D of the Staff Report. The Meridian Planning & Zoning
Commission heard these items on August 16, 2012. At the public hearing, the Commission
moved to recommend approval of the subject CPAM, RZ and PP requests.
a. Summary of Commission Public Hearing:
i. In favor: Mike Wardle
ii. In opposition: None
iii. Commenting: James Mitchell
iv. Written testimony: None
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: None
b. Kev Issue(s) of Discussion by Commission:
i. None
c. Kev Commission Change(s) to Staff Recommendation:
i. None
d. Outstanding Issue(s) for City Council:
i. None
~_ ummarv of City Council Public Hearinn:
L In favor: Mike Wardle
11: In opnosition: None
jji: Commenting; None
lY. Written testimony: None
y. Staff presenting_a_nnlication: Bill Parsons
yi, Other staff commenting on annlication: Pete Friedman
lt, Key Issues of Discussion by Council:
v None
Paramount East Subdivision -CPAM-12-002, RZ-12-001 & PP-12-002 PAGE 1
EXHIBIT A
~. ev Council Cba des to Staff/Commission Recommendation
L None...
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers CPAM-
12-002, RZ-12-001, and PP-12-002 as presented in the staff report for the hearing date of September
18, 2012, with the following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers CPAM-12-
002, RZ-12-001, and PP-12-002, as presented during the hearing on September 18, 2012, for the
following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Numbers CPAM-12-002, RZ-12-001, and PP-12-002 to the hearing date of
(insert continued hearing date here) for the following reason(s): (You should state specific reason(s)
for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location: (Parcel #50425449960)
The site is located on the west side of N. Meridian Road between W. Producer Drive and E.
McMillan Road in the northeast '/4 of the southeast '/4 of Section 25, Township 4 North, Range 1
West.
B. Applicant:
Brighton Development, Inc.
12601 W. Explorer Drive, Ste. 200
Boise, Idaho 83713
C. Owner:
Same as applicant
D. Representative:
Michael D. Wardle, Brighton Development, Inc.
12601 W. Explorer Drive, Ste. 200
Boise, Idaho 83713
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a comprehensive plan map amendment, rezone and preliminary
plat. A public hearing is required before the Planning & Zoning Commission and City Council on
this matter, consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: July 30, and August 13, 2012 (Commission); August 27,
and September 10, 2012 (Council)
C. Radius notices mailed to properties within 300 feet on: July 25, 2012 (Commission); August 23,
2012 (Council)
D. Applicant posted notice on site by: August 6, 2012 (Commission); September 6, 2012 (Council)
Paramount East Subdivision -CPAM-12-002, RZ-12-001 & PP-12-002 PAGE 2
EXHIBIT A
VI. LAND USE
A. Existing Land Use(s): This property is currently vacant. The total size of the site is 12.90 acres.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Vacant land (Paramount North), zoned R-8
South: Vacant land, zoned R-40
East: Church in Paramount Subdivision and Ventana Subdivision, zoned L-O and R-8
West: Single-family residential property in Paramount Subdivision, zoned R-8
C. History of Previous Actions:
• The subject property was included in the annexation (AZ-03-006), preliminary plat (PP-03-
004), and conditional use permit/planned development (CUP-03-008) for Paramount
Subdivision approved in 2003. A development agreement (Instrument No. 103137116) was
approved as a provision of annexation.
The approved conditional use permit/planned development allowed block lengths in excess of
1,000 feet; 5,500 square foot (s.f.) building lots; 1,301 s.f. dwelling size, exclusive of garage;
50' minimum street frontage; and setbacks as follows: front - 10', rear - 15', side - 5', street
side 10'.
• A development agreement modification (MI-07-007) (Instrument No. 107145935) was
approved in 2007 that allowed for commercial uses to develop in the C-G and L-O zoning
districts without conditional use permit approval.
D. Utilities:
a. Location of sewer: W Producer Dr.
b. Location of water: W Producer Dr, N Meridian Road, N Lange Ave and W Kingsley St.
c. Issues or concerns: None, however, the City of Meridian currently has a re-use main
located in N. Ten Mile Road that was not available to this site during the platting process
in 2007. If the applicant would like to utilize this service please contact Scott Steckline in
Public Works Department at 887-2211.
E. Physical Features:
1. Canals/Ditches Irrigation: No major facilities.
2. Hazards: NA
3. Flood Plain: This property does not lie within the floodplain or flood way.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
Existing:
The subject property is currently designated "Office" on the Comprehensive Plan Future Land Use
Map (FLUM). Office designations typically provide opportunities for low-impact business areas.
Sample uses would include offices, technology and resource centers. Ancillary commercial uses may
also be considered.
Proposed:
The applicant is proposing to change the land use designation to "Medium Density Residential"
(MDR). The MDR designation allows smaller lots for residential purposes within City limits. Uses
Paramount East Subdivision - CPAM-12-002, RZ-12-001 & PP-12-002 PAGE 3
EXHIBIT A
may include single-family homes at densities of 3 to 8 dwelling units per acre. The applicant is
proposing to rezone the property to the R-8 zone and develop the site with 46 residential lots
consistent with the proposed MDR designation. The gross density of 4.03 (net density of 5.0)
dwelling units per acre proposed with the subdivision is consistent with proposed MDR designation
and the proposed R-8 zone.
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):
• Support a variety of residential categories (low-, medium-, medium-high and high-density
single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the
purpose of providing the City with a range of affordable housing opportunities.
The proposed plat is an extension of the Paramount Subdivision to the west and the requested
zoning is consistent with the other Paramount phases. Although the planned subdivision
consists of single family detached homes, the Paramount Planned Development envisions a
mix of multi family, townhomes and single family homes.
• Permit new development where urban services can be reasonably provided at the time of final
approval and development is continuous to the City (Chapter 3, page 45).
City services will be extended by the developer with construction of the proposed subdivision.
Thus, staff finds that services are readily available consistent with the plan.
• Require new residential development to meet development standards regarding landscaping,
signage, fences and walls, etc.
Street buffer landscaping is required adjacent to the arterial and collector streets (Meridian,
and Studio) in accord with the standards listed in UDC 11-3B-7C as shown on the landscape
plan. Separate permits shall be obtained for signage and fencing. Fencing shall comply with
the standards listed in UDC 11-3A-7.
• Require usable open space to be incorporated into new residential subdivision plats (Chapter
3, page 54).
The UDC requires 10 percent open space for the plat. The applicant is proposing2.24 acres
of which 17.4 percent of common open space which exceed the requirements of the UDC.
• Require street connections between subdivisions at regular intervals to enhance connectivity
and better traffic flow (Chapter 3, page 48).
Multiple stub streets are provided with the subject plat that will connect to earlier phases in
the Paramount Subdivision. Staff is of the opinion that the proposed street network enhances
connectivity and improves the traffic flow between the proposed subdivision and the existing
phases of Paramount.
In summary, Staff is of the opinion the proposed MDR FLUM designation is appropriate for the
property based on the applicable comprehensive plan policies.
STATE REQUIRED COMPREHENSIVE PLAN ANALYSIS
Idaho's counties and cities are required by law, Idaho Code 67-6508, to prepare, implement, review,
and update a comprehensive plan which outlines goals and policies for land use. Fourteen elements
which must be addressed in the plan are listed in the Code. It is the detailed ordinances that then spell
out how these policies are to be achieved.
The order in which the following policies are presented implies no order or priority.
Paramount East Subdivision - CPAM-12-002, RZ-12-001 & PP-12-002 PAGE 4
EXHIBIT A
a. Community Design
The purpose of this element is to ensure a pattern of planned growth resulting in orderly and
attractive developments within the City of Meridian. Although office uses was contemplated as
part of the Paramount planned development, the subject property remains part of the planned
development thus it should complement the existing Paramount Subdivisions.
b. Population
The City of Meridian must ensure that population growth is accommodated in an orderly pattern.
Residential and commercial developments must be easily served by City infrastructure and public
services. Necessary services are currently available to the subject site and will still be available
upon development of the site.
a Housing
The City of Meridian is charged with ensuring an adequate and attractive living environment
which meets the needs of City residents of different ages, family sizes, lifestyles, and income
levels. To accomplish this, the plan identifies areas appropriate for residential development and
areas not appropriate. The proposed development will continue to provide housing options for the
City of Meridian residents.
d. Economic Development
Meridian's economic base has been gradually shifting over the last 20 years from afarming-based
economy to a retail, service, and manufacturing-based economy. During this time, local .policy
with regard to the types of lands needed to support the economic and employment needs of the
community has also changed. The 2011 Comprehensive Plan forecasts the need to continually
adjust the provision of commercial lands in order to gradually broaden economic opportunity
throughout the City. The reduction in the office land use should not impede economic growth in
this area of the City. There are multiple properties zoned commercially in the area that will
continue to support the economic needs of the community once developed.
e. Public Services, Facilities, and Utilities
City water and sewer service has been provided to the subject property. Because this property is
within the City limits, public services such as police and fire protection are currently provided to
this property.
f. School Facilities and Student Transportation
The purpose of this element is to direct new residential development to areas with adequate
school facilities and student transportation. This section of Meridian is currently developed with a
Public Elementary School and High School.
g. Transportation
The purpose of this element is to promote an efficient and safe transportation system within the
City. With the proposed development, the applicant is responsible for constructed several new
roadways to enhance connectivity in the area.
h. Natural Resources
The purpose of this element is to promote conservation of areas of natural significance, where
appropriate. Staff is unaware of any areas of natural significance that need to be protected.
Paramount East Subdivision - CPAM-12-002, RZ-12-001 & PP-12-002 PAGE 5
EXHIBIT A
i. Special Areas
The subject amendment does not directly impact any lands designated for open space, natural
resources, or scenic areas, nor does the parcel contain any known significant or sensitive natural
resources.
j. Hazardous Areas
The purpose of this element is to ensure regulation of development in hazardous areas, such as
floodplains, unstable slopes, etc. Staff is unaware of any hazardous areas on this site.
k. Recreation
Recreation resources within Meridian include 18 City parks totaling approximately 242 acres.
The City is in the process of developing new park facilities. The City also maintains several
pathways. This site is not formally designated for recreational purposes.
1. Land Use
The Comprehensive Plan Future Land Use Map is a graphic representation of applicable policies
and goals of Meridian's Comprehensive Plan. The Map has been prepared to identify suitable
areas for future residential, commercial, and industrial development. The Map is designed to be a
projection of growth patterns for the City. Therefore, the Map is to be used as a guide for
decisions regarding request for land use changes.
Staff believes the proposed residential use of the site is consistent with the proposed future land
use designation of MDR and the proposed plat is consistent with other phases in the Paramount
Subdivision.
m. Implementation
The City provides the necessary staff and facilities to administer and enforce the policies and
goals of the Comprehensive Plan. The City of Meridian Planning Department will administer the
Comprehensive Plan and its policies through the Unified Development Code. The Planning &
Zoning Commission is also authorized by the Council to review, approve and make
recommendations on proposals affecting the public's interest in land use. The City Council is the
ultimate decision making authority on most land use applications.
n. Property Rights
The purpose of this element is to ensure that the land use policies, restrictions, conditions, and
fees do not unconstitutionally violate private property rights, and establish a consistent review
process that enable the City to ensure that any proposed actions will not result in an
unconstitutional taking of private property without due process of law. Staff believes that the
requested Comprehensive Plan Land Use Map change would not unconstitutionally violate
private property rights. A neighborhood meeting was held on May 4, 2012 of which seven of the
neighbors attended.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to
provide for a range of housing opportunities consistent with the Meridian comprehensive plan.
Residential districts are distinguished by the allowable density of dwelling units per acre and
corresponding housing types that can be accommodated within the density range.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-21ists the principal permitted
(P), accessory (A), conditional (C), and prohibited (-) uses in the proposed R-8 zoning district.
Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the
Paramount East Subdivision - CPAM-12-002, RZ-12-001 & PP-12-002 PAGE 6
EXHIBIT A
property for single-family detached dwellings is a principal permitted use in the R-8 zoning
district.
C. Dimensional Standards: Development of the site must be consistent with the dimensional
standards listed in UDC Table 11-2A-6 for the proposed R-8 zoning district.
D. Landscaping: Landscaping: Street buffer landscaping shall be installed in accordance with the
standards listed in UDC Table 11-2A-6 for the proposed R-8 zoning district.
E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single-
family dwellings.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
COMPREHENSIVE PLAN MAP AMENDMENT (CPA1Vi): The applicant proposes an amendment to
the future land use map contained in the Comprehensive Plan to change the land use designation
on 12.90 acres of land from Office to Medium-density Residential (MDR). The reason for the
change is to adjust to market demand of more residential and less office. An office park has been
developed as part of the Paramount development abutting Linder Road to the west. At this time
several lots and office buildings sit vacant. Due to the slow absorbency rate of the office complex,
the applicant feels the subject site is better suited as residential.
REZONE (RZ): The applicant proposes to rezone 12.47 acres of land from the L-O (Limited
Office) zoning district to the R-8 (Medium-density Residential) zoning district. The requested
zoning is consistent with the proposed MDR land use designation.
The subject property was annexed into the City with an L-O zone consistent with the planned
development. The recorded development agreement was required with the annexation that limits
the floor area ratio of the office uses and restricts the number of buildable lots to 764.
Because the proposed development is subject to the development agreement (DA) approved with
the original Paramount annexation, staff is not recommending a new DA with the rezone
application. However, the DA may need to be amended to reflect a revised lot count if the current
and proposed number of lots exceed 764 and to reduce the amount of office square footage
proposed for the Paramount development.
The rezone legal description submitted with the application (included in Exhibit C) shows the
boundaries of the property proposed to be rezoned.
PRELIMINARY PLAT (PP): A preliminary plat is proposed that consists of 46 building lots and 6
common lots on 12.90 acres of land in a proposed R-8 zoning district for Paramount East
Subdivision. The minimum lot size proposed with the plat is 5,600 square feet and the average lot
size is 6,874 square feet. The gross density for the proposed subdivision is 4.03 dwelling unit to
the acre. This density is consistent to what is developed in the area and complies with the
maximum of eight (8) dwelling units in the R-8 zone.
Staff has reviewed the proposed plat for compliance with the R-8 standards listed in UDC Table
11-2A.6 for the R-8 district. All of the proposed lots conform to the dimensional standards of the
R-8 zone.
A conceptual development plan is proposed with this application as shown in Exhibit A.2. The
purpose of the exhibit is to depict the planned open space for the development. Conceptual
building elevations were also submitted. The proposed elevations depict a mixture of building
materials and designs consistent with the Paramount planned development. Staff is supportive of
both the conceptual plan and the proposed building elevations.
Paramount East Subdivision - CPAM-12-002, RZ-12-001 & PP-12-002 PAGE 7
EXHIBIT A
Access: The applicant proposes to extend several stub streets and construct several new streets
with the subject application (see Exhibit A.2). The proposed plat will be bounded to the north and
south by collector streets (W. Producer Drive and W. Studio Drive) consistent with the previously
approved Paramount Subdivision in 2003. W. Producer Street is currently constructed with a
previous phase of the Paramount Subdivision. The applicant is proposing a new quarter mile
collector (W. Studio Drive) to evenly disperse traffic through the new and existing development.
Staff is supportive of the proposed street connectivity.
Landscaping: A landscape plan was submitted with this application as shown in Exhibit A.4.
Street buffer landscaping is required to be installed in accord with UDC 11-3B-7C. The planned
parkways along the local streets and within the public right-of--way must be constructed in accord
with UDC 11-3A-17E, 11-3G-3B and 11-3B-7C.
Open Space & Site Amenities: A minimum of 10% of the site is required to consist of open
space in accord with UDC 11-3G-3A; qualified open space is defined in UDC 11-3G-3B. The
plat consists of 12.90 acres therefore; a minimum of 1.29 acres of qualified open space is required
to be provided. The application states there is 2.24 acres of open space proposed with this plat
which exceeds the minimum by city ordinance. Since the proposed plat is less than 20 acres in
size, the UDC does not require any amenities. The proposed plat is part of the planned
development, thus the proposed development will more than likely become part of the Paramount
Homeowner's Association and have access to the amenities already constructed with earlier
phases.
In summary, Staff recommends approval of the proposed CPAM, RZ and PP request for this site
with the recommended conditions listed in Exhibit B of this report in accord with the findings
contained in Exhibit D.
X. EXHIBITS
A. Drawings
1. Vicinity Map
2. Existing Land use and Proposed Land Use
3. Conceptual Site Plan and Proposed Plat
4. Proposed Landscape Plan
5. Proposed Elevations
B. Agency Comments/Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
C. Legal Description and Exhibit Map for Proposed Rezone
D. Required Findings from Unified Development Code
Paramount East Subdivision -CPAM-12-002, RZ-12-001 & PP-12-002 PAGE 8
EXHIBIT A
Exhibit A.1: Vicinity Map
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EXHIBIT A
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EXHIBIT A
Exhibit A.5 -Proposed Elevations
Exhibit A PAGE 5
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EXHIBIT A
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 Site Specific Conditions of Approval
1.1.1 The applicant shall construct all proposed fencing and/or any fencing required by the UDC,
consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B. If permanent fencing is
not provided before issuance of a building permit, temporary construction fencing to contain
debris must be installed around the perimeter.
1.1.2 The applicant shall provide 2.24 acres (17.4%) of common open space as proposed.
1.1.3 Future homes constructed with this subdivision shall substantially comply with the renderings
attached in Exhibit A.S. The future building restriction form shall note compliance with the
approved building elevations.
1.1.4 The applicant shall verify the number of residential lots (existing and planned) for the Paramount
Subdivision. If the number of buildable lots exceeds a total of 764 single family lots, the applicant
must amend the recorded development agreement to allow for an increase in the number of
residential lots and reduce the allowed office square footage prior to obtaining signature on a final
plat.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC
11-2-A-6 unless otherwise approved by CUP-03-008.
1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. Direct access to W.
Producer Drive and W. Studio Drive is prohibited.
1.2.3 Construct on-street bikeways on all collector streets as set forth in UDC 11-3A-5.
1.2.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
1.2.5 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-
15, UDC 11-3B-6 and MCC 9-1-28.
1.2.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.2.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-SJ.
1.2.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6
for single-family dwellings.
1.2.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-
7C.
1.2.10 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B
and 11-3B-7C.
1.2.11 Comply with all subdivision standards as set forth in UDC 11-6C-3, including but not limited to
parkways, driveways, easements, blocks, street buffers, and mailbox placement.
1.2.12 Protect any existing trees on the subject property that are greater than four-inch caliper and/or
mitigate for the loss of such trees as set forth in UDC 11-3B-10.
1.2.13 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
Exhibit B PAGE 1
EXHIBIT A
1.2.14 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as
noted in this report, shall be submitted for the subdivision with the final plat application(s).
1.2.15 Comply with all ACRD conditions of approval.
1.3 Ongoing Conditions of Approval
1.3.1 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.
1.3.2 All common open space shall be maintained by a homeowner's association as set forth in UDC
11-3 G-3F 1.
1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of
approval associated with this site (AZ-03-006; PP-03-004; CUP-03-008; MI-07-007;
Development Agreement Inst. No. 103137116 & 107145935).
1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
1.3.5 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
1.3.6 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping
and constructed features within the clear vision triangle consistent with the standards in UDC 11-
3A-3.
1.3.7 Staff's failure to cite specific ordinance provisions or terms of the approved Paramount Planned
Development does not relieve the applicant of responsibility for compliance.
1.4 Process Conditions of Approval
1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth
in UDC 11-SC-3B. A surety agreement may be accepted for other improvements in accord with
UDC 11-SC-3C.
1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary
plat as set forth in UDC 11-6B-3C2.
1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two
years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B-
7B.
1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the
City Engineer signature on a final plat within two years or 2) gain approval of a time extension as
set forth in UDC 11-6B-7.
1.4.6 Upon installation of the landscaping and prior to inspection by Planning Department staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is being proposed via extension of mains in W
Producer Dr. The applicant shall install mains to and through this subdivision; applicant shall
Exhibit B PAGE 2
EXHIBIT A
coordinate main size and routing with the Public Works Department, and execute standard forms
of easements for any mains that are required to provide service. 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 Water service to this site is being proposed via extension of mains in W Producer Dr, N Meridian
Road, N Lange Ave and W Kingsley St. The applicant shall be responsible to install water mains
to and through this development, coordinate main size and routing with Public Works.
2.3 The applicant shall provide a 20-foot common lot for all public water/sewer mains outside of
public right of way. The common lot shall be covered with a blanket easement to the City of
Meridian.
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, asingle-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
signature on the
2.5 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer.
2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6.
Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association
(ditch owners), with written approval or non-approval submitted to the Public Works Department.
If lateral users association approval can't be obtained, alternate plans shall be reviewed and
approved by the Meridian City Engineer prior to final plat signature.
2.7 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
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, water system shall be approved and activated, fencing installed,
drainage lots constructed, 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, etc., prior to signature on the final plat.
2.11 All development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
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.
Exhibit B PAGE 3
EXHIBIT A
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 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 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. 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 ,~. 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. Please contact Land Development Service for more information at 887-2211.
2.23 A letter of credit, cash surety or bond in the amount of 110% will be required for all uncompleted
non-life safety improvements (eg. fencing, landscaping, amenities, etc.), prior to signature on the
final plat.
2.24 100 Watt and 250 Watt, high-pressure sodium street lights shall be required per the City of
Meridian Department of Public Works Improvement Standards for Street Lighting. All street
lights shall be installed at developer's expense. Final design shall be submitted to the Public
Works Department for approved. The street light contractor shall obtain the approved design on
file and an electrical permit from the Public Works Department prior to commencing
installations. The contractor's work and materials shall conform to the ISPWC and the City of
Meridian Supplemental Specifications to the ISPWC.
3. FIRE DEPARTMENT
3.1 The proposed project has no Fire Department concerns.
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to the site design submitted with the application.
Exhibit B PAGE 4
EXHIBIT A
5. REPUBLIC SERVICES
5.1 Republic Services has no comments related to this application.
6. PARKS DEPARTMENT
6.1 The Parks Department has no comments related to this application.
7. ADA COUNTY HIGHWAY DISTRICT
Exhibit B PAGE 5
EXHIBIT A
C. Legal Description and Exhibit Map for the Proposed Rezone
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Date,: July 17, 2412
A patret of land located let the $E 1/4 of Se~oa 2S, T, 4 N,, R I W., B. M., Meridian, Ada
County, Idaho, morn pautic~Lrly deescn`bed as follows:
C.orametecireg u the Sadioet Cornesr oomaean to Saetieaea 25 sad 36 of acid T. 4 N.. R 1 W., aed
Sodioeey 30 and 31 of T. 4 N., R. i lr., B.M.;
'f hence Moeth 00°23'ZO" fist, 2644,13 feet oa the section line coeamon tD Braid 3actioru 25 and
30 to the 114 Seactiote Corner coaunon to said Sewtioos 25 and 30;
Thence North. 89°27'2$" Waet, 449.91 feat oa the eat-want arid-erection line of said Sedioa 2S
to the REAI,1*OTPIT QR AE(iflYNING;
Tkeaeca South t10°Z3'20" West, 601.?2 foot a portion of said ling being oa the weedy bouadagr
line ofPreamoum Church Subdivision to the aoathwest cornar of sad Subdiv~ion;
Thestee South 89°36'44" Eat, 449.90 feet on tha fly bweedary line of said Subdivis~ee to
a point on the a~octioa lion oonun+owa to acid Soctioas 25 and 30;
'['brace South. 00'°'23'20" Wend, 704.62 fad as the aecBaa line common ~ aeud Sections 25
and 3tr,
Thexeoe North 89°36'40" Want, 529.90 ~ to s point of curve;
Thenoo 106.19 feet on the a~ of a caruuvo to the lel1, said curve having a radites of 230.04 lbet, a
ceatttal aet$le of 24°24'1 5" satd a chard distance aP 105,40 fetA while beeus South 78°I3' l3" Went b a
palm of oaatpound curve;
Theeece 208.40 feat on the arc of a curve: to the leR, said curare having a radius of 1346.62 feet, a
oemtnel ante of 0!9°06' 18" and a chord diataacs of 208.17 fad which beats South 61°28'57" Walt;
Thanm North 33°2!'08" Weft, 29.98 feat to a poird ofceuve;
Thence 35.20 fed on flee arc of s carve to the ledf, redd ctfcvc luviag a radius of 24.00 feM, a
rural ar~gte of 104°49'93" and a chord distance of 30.83 Peet which bears North 06'I3'S6" fiaat;
S~pr t'lamf~+lsndsupe Archkectu-e • tX~ EP~nMrk~. Golf Qourts IntSfafan • aryMeetFK • eirspltk t?esear- • SmwNer
Ail F. SAare tNl°e. Sake latl ° EaaM, Idsfw 113616 • ~ xes.l~i.4aee ° www,tl~Nanel~oupinc~osm
Exhibit C PAGE 1
EXHIBIT A
Thence North 45°48'S9" Pmt.. 52.00 foeR;
Thence Sown 44° 11'01"" F.aet,16. i 3 feet:
Thence Nordt S4°37'47" Esst~ 131.SS t~e+et;
Thence Nvdh 83°33'31" Emt, b2.09 feet;
Thence Ptcuth 00°33'20" East, 1264.?G foot to a point on tha wEt-woet mid-rectyop lies of read
Seetiot- 35;
'i'iaaneo South 89°27'28" tsert,163.00 feat an the east-west mid~actiaas line Qf saW Section 2S to
the rcrt point of ito8inning. Said Pat+cel aotttttins 12.47 ata;ea ttwro or lerr.
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PA~PABED BY:
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Ska Ptufnfn~ 'landscape ArchPoeetwe ~ Gvi1 E+ntitneerinq • 6dilAUne MhNtFa+ ~ EniMNrt~ • 6npnlc ~r• ' SurvafAei
132 t. shore txrwe, Salts 1t19 ~ keR~e. tdsho tt}616 y P 2tM,t+39.1041 ~ F 2t36.9~9,1115 - wa+v~~irre.oonl
Exhibit C PAGE 2
James I<t. Waitlbern, PLS
EXHIBIT A
PARAMO[.INT EAST ZONING EXHIBIT
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Exhibit C PAGE 3
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EXHIBIT A
D. Required Findings from Unified Development Code
1. COMPREHENSIVE PLAN AMENDMENT 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 amendment to the
Comprehensive Plan, the Council shall make the following findings:
a. The proposed amendment is consistent with the other elements of the Comprehensive Plan.
The Council finds that the proposed change to the Future Land Use Map is consistent with
elements of the Comprehensive Plan that promote compatibility and transition of uses and
zoning. See sections VII and IX above for more details.
b. The proposed amendment provides an improved guide to future growth and development of
the city.
The Council finds that the proposal to modify the Future Land Use Map to allow for
residential uses on this property would be consistent with the abutting residential
development.
c. The proposed amendment is internally consistent with the Goals, Objectives and Policies of
the Comprehensive Plan.
The Council finds that the proposed amendment is internally consistent with the Goals,
Objectives, and Policies of the Comprehensive Plan (see, Section VII for detailed analysis).
d. The proposed amendment is consistent with the Unified Development Code.
The Council finds that the proposed amendment to MDR for proposed residential
subdivision is consistent with the Unified Development Code.
e. The amendment will be compatible with existing and planned surrounding land uses.
Since the planned subdivision is an extension of the Paramount development and the lot
sizes and density is consistent with the adjacent residential subdivisions, the Council finds
the proposed amendment is consistent with the adjacent properties.
f. The proposed amendment will not burden existing and planned service capabilities.
The Council finds that the proposed amendment would not burden existing and planned
service capabilities in this area of the city. City services will be extended at the developer's
expense.
g. The proposed map amendment (as applicable) provides a logical juxtaposition of uses that
allows sufficient area to mitigate any anticipated impact associated with the development of
the area.
The Council finds the proposed residential development of this property resulting from the
proposed map amendment will not significantly impact development in this area and
provides a logical juxtaposition of uses.
h. The proposed amendment is in the best interest of the City of Meridian.
For the reasons stated in Sections VII and IX and the subject findings above, the Council
finds that the proposed amendment is in the best interest of the City.
Exhibit D PAGE I
EXHIBIT A
2. REZONE 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:
a. The map amendment complies with the applicable provisions of the Comprehensive Plan;
The Council finds the proposed rezone to R-8 is consistent with the proposed MDR future
land use designation.
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The Council finds that the proposed map amendment to R-8 zoning district is consistent with
the purpose statement of the residential districts.
c. The map amendment shall not be materially detrimental to the public health, safety, and
welfare;
The Council finds that the proposed zoning amendment will not be detrimental to the public
health, safety, or welfare. However, Staff recommends that the Commission and Council
consider any oral or written testimony that may be provided when determining this finding.
d. 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 Council finds that the proposed zoning amendment will not result in any adverse impact
upon the delivery of services by any political subdivision providing services to this site.
e. The annexation is in the best of interest of the City (UDC 11-SB-3.E).
This finding is not applicable as the applicant is requesting approval of a rezone, not
annexation. However, as noted previously, the Council finds the proposed comprehensive
plan map amendment is in the best interest of the City.
3. PRELIMINARY PLAT FINDINGS:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the
decision-making body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan;
The Council finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan in regard to land use, transportation, and circulation. Please see
Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more
information.
b. Public services are available or can be made available and are adequate to accommodate the
proposed development;
The Council finds that public services will be provided to the subject property upon
development. (See Exhibit B of the Staff Report for more details from public service
providers.)
c. The plat is in conformance with scheduled public improvements in accord with the City's
capital improvement program;
Because City water and sewer and any other utilities will be provided by the developer at
their own cost, the Council finds that the subdivision will not require the expenditure of
capital improvement funds.
Exhibit D PAGE 2
EXHIBIT A
d. There is public financial capability of supporting services for the proposed development;
The Council relied upon comments from the public service providers (i.e., Police, Fire,
ACRD, etc.) to determine this finding. (See Exhibit B for more detail.)
e. The development will not be detrimental to the public health, safety or general welfare; and
The Commission was not aware of any health, safety, or environmental problems associated
with the platting of this property that should be brought to the Council's attention. ACRD
considers road safety issues in their analysis. The Council considered all public testimony to
determine whether or not the proposed subdivision may cause health, safety or environmental
problems.
Exhibit D PAGE 3