McLinder Sub/Sawtooth Villiage AZ-13-010 PP-13-022 CUP-13-010CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
~E IDR IAN,--
~J
In the Matter of the Requests for Annexation and Zoning of 13 Acres of Land with the R-15 (6.43
Acres) and C-N (6.58 Acres) Zoning Districts; Preliminary Plat for McLinder Subdivision
Consisting of Twenty-Eight (28) Building Lots (7 Commercial & 21 Multi-Family Residential) and
Two (2) Common/Other Lots on 11.88 Acres of Land; and Conditional Use Permit for aMulti-
Family Development (Sawtooth Village) Consisting of Eighty-Four (84) Dwelling Units on 6.43
Acres of Land in the R-15 Zoning District, Located at 4650 N. Linder Road, by Mary Murphy, TS
Development, LLC.
Case No(s). AZ-13-010; PP-13-022; CUP-13-010
For the City Council Hearing Date of: November 6, 2013 (Findings on November 26, 2013)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of November 6, 2013, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of November 6, 2013, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of November 6,
2013, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of November 6, 2013, 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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-13-010; PP-13-022; CUP-13-010
-1-
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
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 November 6, 2013, 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 annexation and zoning is hereby approved with the requirement of a
development agreement with the provisions contained in the attached Staff Report for the
hearing date of November 6, 2013, attached as Exhibit A.
2. The applicant's request for a preliminary plat is hereby conditionally approved per the
conditions of approval in the attached Staff Report for the hearing date of November 6, 2013,
attached as Exhibit A.
3. The applicant's request for conditional use permit is hereby conditionally approved per the
conditions of approval in the attached Staff Report for the hearing date of November 6, 2013,
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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-13-010; PP-13-022; CUP-13-010
-2-
extension, the property shall be required to go through the platting procedure again (UDC 11-
6B-7C).
Notice of Two (2) Year Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a maximum
period of two (2) years unless otherwise approved by the City. During this time, the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting, the final plat must be signed by the City
Engineer within this two (2) year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the
use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as
determined and approved by the City Council may be granted. With all extensions, the Director
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title 11(UDC 11-SB-6F).
Notice of Two (2) Year Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City
within two (2) years of the City Council granting annexation and/or rezone (UDC 11-SB-3D).
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 two (2) year approval period
(UDC 11-SB-3F).
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.
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 November 6, 2013
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-13-010; PP-13-022; CUP-13-010
-3-
By action of the City Council at its regular meeting held on the
2013.
COUNCIL PRESIDENT BRAD HOAGLUN
COUNCIL VICE PRESIDENT CHARLIE ROUNTREE
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER KEITH BIRD
2c`µ`' day of /U D ~P,Fr~F.rL-
V OTED~
VOTED
VOTED
VOTED ~'-~
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
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Mayor `a de Weerd
Attest: _ "~~,
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A`
"~,--~, ~~ , r~, ~j
Jaycee Hol a ,City Clerk , ~.~~ ` ' ~~"°,~
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Copy served upon Applicant, The`Planning Depart
Public Works Department and City Attorney.
~~ ~ ~ ~~ Dated: ~ ~ - .~ ~ - ~ .'~
City lerl¢'s Of -ce ~~`
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-13-O]0; PY-13-022; CUP-13-O10
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EXHIBIT A
STAFF REPORT
HEARING DATE: November 6, 2013 E IDIAN~--
TO: Mayor & City Council I D A H Cl
FROM: Sonya Wafters, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: AZ-13-010; PP-13-022 -McLinder Subdivision
CUP-13-010 - Sawtooth Village
L SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, TS Development, LLC, has applied for annexation and zoning (AZ) of 13 acres of land
with R-15 (6.43 acres) and C-N (6.58 acres) zoning; and a preliminary plat (PP) consisting of 28
building lots (7 commercial and 21 multi-family residential) and 2 common/other lots on 11.88 acres
of land in the proposed R-15 and C-N zoning districts for McLinder Subdivision.
A conditional use permit (CUP) is also requested for amulti-family development consisting of 84
dwelling units on 6.43 acres of land in the R-15 zoning district for Sawtooth Village.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ, PP & CUP based on the Findings of Fact and
Conclusions of Law in Exhibit D of this report.
The Meridian Planning & Zoning Commission heard these items on October 3.2013. At the
public hearing, the Commission moved to recommend approval of the subiect AZ, PP and
CUP requests.
a. Summary of Commission Public Hearing:
i. In favor: Lance Warnick. Aspen Engineers; Penelope Riley, Riley Planning Services;
Tom Bevan
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Sonya Wafters
vi. Other staff commenting on application: None
b. Kev Issue(s) of Discussion by Commission:
i. The number of bicycle racks needed for the multi-family portion of the development.
c. Kev Commission Change(s) to Staff Recommendation:
i. Strike conditions #l.l.e and #1.3.2 pertaining to a requirement for amulti-use pathway
along Linder Road as one is not required; and
ii. Modification to condition #1.2.10 to require at least 10 bicycle racks to be provided
within the multi-family development in locations agreed upon by the applicant and
staff.
d. Outstanding Issue(s) for City Council:
i. None
McLinder Sub/Sawtooth Village AZ-13-010; PP-13-022; CUP-13-010
PAGE 1
EXHIBIT A
.~ ummarv of Citv Council Public Hearing:
is In favor: Lance Warnick. Tom Revan. Penelope Ril .v (Annlicant'c R nrec .ntativecl
11. In opposition: None
iii: Commenting: None
lY. Written testimony: None
y, taff presentinn application: onva Watt rs
Yi. Other staff commentin on anpli a ion• None
1>!, ev Iccue of Di c ~ ion by o ~n il:
L_ None
~ Kev Council Chan,Pes to Commission RecnmmPnrlation
L ouncil approved the applicant' rea ~e t for a waiv r to 11-3A-3 for ac . to be
provided via the adiacent arterial treet ac proposed (see condition #l.l.cl.
11. ncil approved the applicant' rea sect fi-r a waiver to 11-3A-6 to allow
portion of the Lemn anal to remain on .n and not he ninerl !c .e condition #1.1 _a_ 1 _d_2_
~2~2.~.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-13-
010, PP-13-022 & CUP-13-O10, as presented in the staff report for the hearing date of November 6,
2013, with the following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-13-010,
PP-13-022 & CUP-13-010, as presented during the hearing on November 6, 2013, for the following
reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Numbers AZ-13-010, PP-13-022 & CUP-13-010 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:
The site is located at 4650 N. Linder Road on the southeast corner of N. Linder Road and W.
McMillan Road, in the NW '/a of Section 32, Township 4 North, Range 1 West. (Parcel No.'s
50436223401 & 50436223441)
B. Applicant:
Mary Murphy, TS Development, LLC
4202 N. Marcliff Ave.
Boise, ID 83704
C. Owner:
Same as applicant
D. Representative:
Lance Warnick, Aspen Engineers
2422 12~` Avenue Road, Ste. 323
Nampa, ID 83686
McLinder Sub/Sawtooth Village AZ-13-010; PP-13-022; CUP-13-010
PAGE 2
EXHIBIT A
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for annexation & zoning, preliminary plat, and conditional use permit.
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: September 16, and 30, 2013 (Commission); October 14,
and 28, 2013 (City Council)
C. Radius notices mailed to properties within 300 feet on: September 12, 2013 (Commission);
October 10, 2013 (City Council)
D. Applicant posted notice on site(s) on: September 18, 2013 (Commission); October 25, 2013 (City
Council
VI. LAND USE
A. Existing Land Use(s): The subject two parcels currently have existing homes on them.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Commercial property (Walgreen's) in the development process, zoned C-N
South: Single-family residential (Arch Rock Terrace Sub.), zoned R-8
East: Single-family residential (Cobblefield Crossing Sub.), zoned R-8
West: N. Linder Road & vacant land, zoned L-O
C. History of Previous Actions: None
D. Utilities:
a. Location of sewer: The city currently owns and maintains a sewer main in W. Ann
Taylor Street adjacent to southwest of the proposed development. This is the intended
receiving sewer main for this proposed development.
b. Location of water: The city currently owns and maintains water mains in W. Ann Taylor
Street adjacent to the southwest, W. Cobblefield Street adjacent to the southeast, and W.
McMillan Road, adjacent to the north of the proposed development. These mains will be
interconnected with the proposed development.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: The Lemp Canal runs along the north boundary of this site adjacent
to W. McMillan Road. Another canal runs along the southeast corner of the site.
A couple of other ditches exist at the northeast corner of the site.
2. Hazards: Staff is not aware of any hazards that exist on this site other than the open
waterways.
3. Flood Plain: This site does not lie within the floodplain overlay district.
VII. COMPREHENSIVE PLAN/ANALYSIS
The Comprehensive Plan Future Land Use Map (FLUM) currently designates the subject property as
"Mixed Use -Neighborhood" (MU-N).
McLinder Sub/Sawtooth Village AZ-13-010; PP-13-022; CUP-13-010
PAGE 3
EXHIBIT A
Per the Comprehensive Plan, the purpose of the MCT-N designation is to assign areas where
neighborhood-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is
to avoid predominately single-use developments by incorporating a variety of uses. Land uses in these
areas should be primarily residential with supporting non-residential services. Non-residential uses in
these areas tend to be smaller scale and provide a good or service that people typically do not travel
far for (approximately one mile) and need regularly. Employment opportunities for those living in the
neighborhood are encouraged. Connectivity and access between the non-residential and residential
land uses is particularly critical in MU-N areas. Tree-lined narrow streets are encouraged.
Developments are also encouraged to be designed according to the conceptual MCJ-N plan depicted in
Figure 3-1 in the Comprehensive Plan (pg. 25).
The applicant plans to develop 6.43 acres of the site with (21) 4-plex structures containing a total of
84 dwelling units and 6.58 acres of the site with neighborhood-friendly commercial uses. The
proposed gross density is 13.07 dwelling units per acre which is slightly above the desired density of
6 to 12 dwelling units per acre in MU-N designated areas.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
• "Provide for a wide diversity of housing types (single-family, modular, mobile homes and
multi-family arrangements) and choices between ownership and rental dwelling units for all
income groups in a variety of locations suitable for residential development." (3.07.03B)
McLinder Sub/Sawtooth Village AZ-13-010; PP-13-022; CUP-13-010
PAGE 4
EXHIBIT A
The proposed multi family residential development will contribute to the variety of housing
types available within this part of the City.
• "Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City." (3.01.O1F)
City sewer and water services are available to be extended to the subject property and the
site is contiguous to the City.
• "Require appropriate landscaping and buffers along transportation corridor (setback,
vegetation, low walls, berms, etc.) (3.06.02F)
A 25 foot wide landscape buffer is required along W. McMillan Road and N. Linder Road as
shown on the landscape plan in accord with the standards listed in UDC Table 11-2A-7 &
11-3B-7.
• "Protect existing residential properties from incompatible land use development on adjacent
parcels." (3.06.O1F)
The proposed neighborhood commercial and residential use of the property should be
compatible with existing surrounding residential, commercial, and future off ce uses.
• "Support applications that apply the neighborhood center concept." (3.01.02A)
The proposed development is consistent in layout and uses with the neighborhood center
concept in Figure 3-1 of the Comprehensive Plan (pg. 25).
• "Encourage infill development." (3.01.02B)
The subject property is surrounded by property that has been developed in the City;
annexation of this infill property will allow city services to be extended to the property as
intended and provided for.
• "Require all new and reconstructed parking lots to provide landscaping in internal islands and
along streets." (2.01.04B)
Landscaping within planter islands in the parking lot of the commercial portion of the site
and the street buffers along Linder and McMillan Roads are required to be installed with
development of this site.
In summary, staff finds the proposed development is generally consistent with the comprehensive
plan.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zones:
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. Connection to the City of
Meridian water and sewer systems is a requirement for all residential districts. 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.
Per UDC 11-2B-1, the purpose of the commercial districts is to provide for the retail and service
needs of the community in accordance with the Meridian Comprehensive Plan. Small-scale
convenience uses with limited hours of operation and access to arterial or collector streets are
desired in the C-N district.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the permitted,
McLinder Sub/Sawtooth Village AZ-13-010; PP-13-022; CUP-13-010
PAGE 5
EXHIBIT A
accessory, conditional, and prohibited uses in the R-15 zoning district. The proposed multi-family
development is listed as a conditional use in the R-15 zoning district. The specific use standards
listed in UDC 11-4-3-27 for multi-family developments apply to development of this property.
Table 11-2B-21ists the permitted, accessory, conditional, and prohibited uses in the C-N zoning
district.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2A-7 for the R-15
zoning district and UDC Table 11-2B-3 for the C-N district apply to development of this site.
D. Landscaping Standards (UDC 11-3B): The standards for landscaping contained in UDC 11-3B
apply to development of this site.
E. Common Open Space & Site Amenity Requirements: Common open space and site amenities are
required to be provided on the site in accord with the requirements listed in UDC 11-3G-3; 11-4-
3-27C; andl 1-4-3-27D.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
ANNEXATION & ZONING (AZ): The applicant proposes to annex and zone a total of 13 acres of
land with the R-15 (6.43 acres) and C-N (6.58 acres) zoning districts consistent with the FLUM
designation of MU-N for this property.
The applicant has submitted a site plan, included in Exhibit A.4, which depicts how the site is
proposed to develop with amulti-family residential development and neighborhood commercial
uses.
The legal description submitted with the application, included in Exhibit C, shows the boundaries
of the property proposed to be annexed and rezoned. The property is contiguous to land that has
been annexed into the City and is within the City's Area of Impact boundary.
The City may require a development agreement (DA) in conjunction with an annexation pursuant
to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this
application, staff recommends a DA is required as a provision of annexation with the provisions
included in Exhibit B.
CONDITIONAL USE PERMIT (CUP): A CUP is requested for amulti-family development in an
R-15 zoning district in accord with UDC Table 11-2A-2. The multi-family development is
proposed to consist of (21) two-story 4-plea structures containing a total of (84) 2 and 3 bedroom
dwelling units. Each of the units will have an upstairs and a downstairs.
Each of the structures is proposed to be on individual lots; however, the project as a whole will be
managed by one properly owners association and have an on-site property manager.
Specific Use Standards: The specific use standards for multi-family developments listed in UDC
11-4-3-27 apply to development of this site as follows:
A minimum of 80 square feet (s.f.) of private useable open space is required to be
provided for each unit. The site plan depicts 80 sf. patios for each unit as typical for each
unit in the development.
• Developments with 20 units or more shall provide a property management office, a
maintenance storage area, a central mailbox location with provisions for parcel mail that
provides safe pedestrian and/or vehicular access and a directory map of the development
McLinder Sub/Sawtooth Village AZ-13-010; PP-13-022; CUP-13-010
PAGE 6
EXHIBIT A
at an entrance or convenient location for those entering the development. A rental office
and maintenance facility is proposed within the clubhouse. A directory for the
development is proposed in front of the clubhouse at the north entry and at the west
entry. A central mailbox location is required to be provided in accord with the
aforementioned standards.
• At a minimum, 250 s.f. of common open space is required for each unit containing more
than 500 s.f. and up to 1,200 s.f. of living area. Because all of the proposed units contain
between S00 and 1,200 square feet of living area, a minimum of 21,000 sf. of common
open space is required to be provided. A total of 47,662 sf. of common open space is
proposed in compliance with this requirement.
• At a minimum, four (4) amenities are required to be provided on the site based on the
total number of units (84). These amenities are required to be from separate categories as
listed in UDC 11-4-3-27D. The applicant proposes to provide a clubhouse, swimming
pool, playground, barbeque area with picnic tables, walking paths, and open grassy
areas in compliance with this requirement.
• The architectural character of the structures shall comply with UDC 11-4-3-27E. The
conceptual elevations appear to comply with this requirement; however, all structures
are required to obtain design review approval in accord with the aforementioned
standards and guidelines contained in the Meridian Design Manual.
• Landscaping is required to comply with UDC 11-4-3-27-F. All street facing elevations
shall have landscaping along their foundation as follows: the landscaped area shall be at
least 3-feet wide and have an evergreen shrub with a minimum mature height of 24
inches for every 3 linear feet of foundation. The remainder of the area shall be landscaped
with ground cover plans. The landscape plan submitted with the Certificate of Zoning
Compliance for the structures should comply with this requirement.
• The development is required to record legally binding documents that state the
maintenance and ownership responsibilities for the management of the development,
including, but not limited to, structures, parking, common areas, and other development
features. The applicant shall submit documentation of compliance with this requirement
with submittal of the Certificate of Zoning Compliance.
Access: Access to the multi-family development will be provided via driveway accesses off of
W. McMillan Road and W. Ann Taylor Street. A blanket cross-access easement should be
depicted on the final plat for all lots within the multi-family portion of the development and the
driveway lots as applicable.
Parking: For multi-family developments, the UDC (Table 11-3C-6 & 11-3C-6G) requires a
minimum of two vehicle parking spaces per dwelling unit with at least one in a covered carport or
garage; and a minimum of one bicycle parking space for every 25 proposed vehicle spaces or
portion thereof. The clubhouse will require one space per 500 square feet of gross floor area.
Based on 84 dwelling units, a minimum of 168 vehicle parking spaces are required to be provided
with 84 of those covered; a total of 171 parking spaces are proposed with half of those covered in
compliance with this requirement. Carports are proposed on the site plan; a detail of the proposed
carports will be required with the Certificate of Zoning Compliance and Design Review
application(s) for the multi-family structures.
A minimum of 7 bicycle parking spaces are required for the residential portion of the
development. Four (4) 4-stall bike racks are proposed on the site plan in various locations. Staff
recommends that bicycle parking facilities be provided for each building or pair of buildings (at
McLinder Sub/Sawtooth Village AZ-13-010; PP-13-022; CUP-13-010
PAGE 7
EXHIBIT A
a minimum, and for the clubhouse/pool area in a number adequate to serve the residents and
visitors as applicable.
Landscaping: Parking lot landscaping is required to be provided in accord with the standards
listed in UDC 11-3B-8C. Each planter island that serves a single row of parking spaces is
required to be landscaped with at least one tree and shall be covered with low shrubs, lawn, or
other vegetative groundcover. The landscape plan submitted with the Certificate of Zoning
Compliance application shall comply with this requirement.
In the C-N district, a 20-foot wide landscape buffer to residential uses is required on the
commercial property in accord with the standards listed in UDC 11-3B-9C. The applicant
requests City Council approval of a reduced buffer width from 20-feet to 15-feet in accord with
UDC 11-3B-9C.2. Because buildings will not encroach within the required buffer area and
additional landscaping is provided on the residential portion of the site, staff supports the
applicant's request.
Certificate of Zoning Compliance: The applicant is required to submit an application for
Certificate of Zoning Compliance for the proposed use and structures prior to establishment of the
new use in accord with UDC 11-SB-1.
Building Elevations/FloorPtans: Conceptual building elevations and floor plans for the multi-
family structures were submitted by the applicant and included in Exhibit A.S. Administrative
design review is required for all multi-family and commercial structures in accord with the design
standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual.
Design Review: The applicant is required to submit an application for Design Review concurrent
with the Certificate of Zoning Compliance application in accord with UDC 11-SB-8. The site and
building design is required to be consistent with the standards listed in UDC 11-3A-19 and the
design guidelines included in the Meridian Design Manual.
PRELIMINARY PLAT (PP): A PP consisting of 28 building lots (7 commercial and 21 multi-
family residential) and 2 common/other lots on 11.88 acres of land in the proposed R-15 and C-N
zoning districts is proposed for McLinder Subdivision.
The plat is proposed to develop in two phases. Phase I will include infrastructure and utilities on
the (21) 4-plex lots and 2 common lots, the driveways on the west side of the apartments and the
sidewalk along McMillan Road. Phase II will include construction of additional infrastructure,
landscaping of the commercial lots and piping a section of the Lemp Canal. Construction of the
individual structures in the R-15 zone and the commercial buildings, parking and driveways in
the C-N zone will proceed based on market interest and community needs.
Existing Structures: There are two existing homes and associated outbuildings on this site that
will be removed with development of the site. The existing domestic wells and septic fields for
these homes will be abandoned. One of the existing homes currently takes access directly from
McMillan Road. This access shall be abandoned.
Dimensional Standards: Staff has reviewed the proposed plat for compliance with the
dimensional standards listed in UDC Table 11-2A.7 for the R-15 zoning district and Table 11-2B-
3 for the C-N zoning district. All of the lots comply with the minimum standards.
A minimum 25-foot wide street buffer, measured from the back of curb where there is a detached
sidewalk or back of sidewalk where the sidewalk is attached (as applicable), is required adjacent
to N. Linder and E. McMillan Roads, both arterial streets; and a minimum 10-foot wide street
McLinder Sub/Sawtooth Village AZ-13-010; PP-13-022; CUP-13-010
PAGE 8
EXHIBIT A
buffer is required adjacent to W. Ann Taylor Street on the C-N zoned portion of the site, as
proposed.
Access: One access point via N. Linder Road and two accesses via W. McMillan Road are
proposed for this site. Curb cuts for these accesses were constructed with the adjacent road
improvements.
A portion of W. Ann Taylor Street at the southwest corner of the site was constructed with Arch
Rock Terrace Subdivision; the remaining portion is proposed to be constructed with this
subdivision. A driveway will connect to W. Ann Taylor Street for access within the development.
A short section of W. Cobblefield Street is also proposed to be constructed across the southeast
corner of the site to connect two existing stub streets.
A right-in/right-out access via Linder Road is proposed midway between Ann Taylor and
McMillan Road. The western access via McMillan is proposed to be restricted to right-in/right-
out. The eastern access is proposed to be a full access. The driveways for these access points are
depicted on the plat within an access easement; the easement should provide access for all lots
within the subdivision.
In an effort to improve safety, the UDC (11-3A-3) limits access points to arterial streets by
combining and/or limiting access points. Local street access will be provided from the south via
W. Ann Taylor Street; however, the applicant requests a waiver from Council to allow the other
three direct lot accesses shown via Linder and McMillan Roads, adjacent arterial streets. Prior to
City Council action on these applications staff recommends the applicant gain ACHD approval
for all direct lot access points to Linder Road and McMillan Road.
Landscaping: A 25-foot wide landscape buffer is required along N. Linder and E. McMillan
Roads, both arterial streets; and a 10-foot wide buffer is required along W. Ann Taylor Street
Street, a local street, on the commercial portion of the site, per UDC Table 11-2B-3. Street
buffers are required to be landscaped in accord with the standards listed in UDC 11-3B-7C. The
landscaping shown on the landscape plan complies with the aforementioned standards.
Multi-Use Pathway: Amulti-use pathway (a section of the Eagle Island on-street pathway) is
designated on the Master Pathways Plan for this site along N. Linder Road. Because there is an
existing sidewalk (5' wide detached & 7' wide attached) along Linder, the Parks Department is
not requiring an additional pathway to be provided. The existing sidewalk will satisfy the
pathway connection in this area for the Eagle Island pathway.
Waterways: The Lemp Canal runs along the north boundary of this site adjacent to W. McMillan
Road. Another canal runs along the southeast corner of the site. A couple of other ditches exist at
the northeast corner of the site. The UDC (11-3A-6A) requires all irrigation ditches, laterals and
canals to be piped, or otherwise covered unless left open as a water amenity or linear open space.
The applicant is proposing to pipe approximately 300 feet of the Lemp canal midway between the
east and west boundaries but requests Council approval of a waiver to UDC 11-3A-6A.3 to allow
the remaining portion (approximately 485 feet) to remain open due to its large capacity. The
applicant expects the canal will require a 5' x S' pre-cast box culvert with wingwalls on each end
to pipe. The other waterways on the site will be piped as required.
Fencing: A 6-foot tall cedar fence is proposed along the southern boundary of the site adjacent to
the residential area. A 6-foot tall cedar fence exists along the entire east side of the site that is
proposed to remain. Temporary fencing to contain debris during construction is required to be
installed around the perimeter of the site in areas where fencing is not proposed or does not exist.
The UDC (11-3A-6B) requires all open irrigation ditches and canals to be fenced in accord with
the standards listed unless improved as part of the development as a water amenity in accord with
McLinder Sub/Sawtooth Village AZ-13-010; PP-13-022; CUP-13-010
PAGE 9
EXHIBIT A
the standards listed in UDC 11-1A-1. Details demonstrating compliance with the aforementioned
standards will be required with the final plat application.
Sidewalks: A 5-foot wide sidewalk exists along N. Linder Road that is attached north of the
northern access and detached south of the northern access; no sidewalk exists along E. McMillan
Road. A 5-foot wide detached sidewalk is required along E. McMillan Road in accord with UDC
11-3A-17. The sidewalk along E. McMillan Road is required to be constructed with the first
phase of development as proposed.
Open Space & Site Amenities: A minimum of 10% of the residential portion of the site is
required to consist of qualified open space in accord with UDC 11-3G-3A. The residential portion
of the plat consists of 6.43 acres; therefore, a minimum of 0.64 of an acre of qualified open space
is required to be provided in accord with the qualifications for open space listed in UDC 11-3G-
3B. Atotal of 1.1 acres (or 18% of the site) of qualified open space is proposed with this plat,
consisting of open grassy areas.
In accord with UDC 11-3G-3A.2, a minimum of one qualified site amenity is required to be
provided within this development as set forth in UDC 11-3G-3C. A clubhouse, swimming pool,
barbeque area with picnic tables, a playground, pathway to the common areas, and an additional
5% of open space is proposed as site amenities in compliance with this requirement. A detail of
the proposed playground equipment should be provided with the final plat application.
Water & Sewer Service: City water and sewer service is available to be extended to the
development via main lines in W. McMillan Road, W. Ann Taylor Street, and W. Cobblefield
Street.
Pressurized Irrigation: An underground pressurized irrigation system is required to be provided
for the development in accord with UDC 11-3A-15 as proposed.
Storm Drainage: An adequate storm drainage system is required in all developments in accord
with the City's adopted standards, specifications, and ordinances, per UDC 11-3A-18.
Staff recommends approval of the subject applications with the conditions listed in Exhibit B per
the Findings in Exhibit D.
X. EXHIBITS
A. Drawings
1. Vicinity Map
2. Preliminary Plat (dated: $311/1/13) - REi~ISED
3. Landscape Plan (dated: 8/19/13)
4. Site Plan (dated: 8/19/13)
5. Conceptual Building Elevations & Floor Plans
B. Agency Comments/Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
McLinder Sub/Sawtooth Village AZ-13-010; PP-13-022; CUP-13-010
PAGE 10
EXHIBIT A
6. Ada County Highway District
7. Parks Department
C. Legal Description and Exhibit Map for Proposed Annexation & Zoning
D. Required Findings from Unified Development Code
McLinder Sub/Sawtooth Village AZ-13-010; PP-13-022; CUP-13-010
PAGE 11
EXHIBIT A
Exhibit A.1: Vicinity Map
McLinder Sub/Sawtooth Village AZ-]3-O10; PP-]3-022; CUP-13-O10
PAGE 12
EXHIBIT A
Exhibit A.2: Preliminary Plat (dated: 4wriiii~ 11/1/13) - R_F.VISED
McLinder Sub/Sawtooth Village AZ-13-010; PP-13-022; CUP-13-010
PAGE 13
EXHIBIT A
Exhibit A.3: Landscape Plan (dated: 8/19/13)
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McLinder Sub/Sawtooth Village AZ-13-010; PP-13-022; CUP-13-010
PAGE 14
EXHIBIT A
Exhibit A.4: Site Plan (dated: 8/19/13)
McLinder Sub/Sawtooth Village AZ-13-010; PP-13-022; CUP-13-010
PAGE 15
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EXHIBIT A
Exhibit A.S: Conceptual Building Elevations & Floor Plans
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McLinder Sub/Sawtooth Village AZ-13-010; PP-13-022; CUP-13-010
PAGE 16
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EXHIBIT A
B. Agency Comments/Conditions
1. PLANNING DEPARTMENT
ANNEXATION & ZONING
1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior
to the annexation ordinance approval, 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. The
Applicant shall contact the City Clerk's Office to initiate this process. The DA shall be signed by
the property owner and returned to the city within two (2) years of the City Council granting
annexation. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk's office
prior to commencement of the DA. The DA shall, at minimum, incorporate the following
provisions:
a. Upon redevelopment of the site, the developer shall pipe all etl~ ditches
on the site as set forth in UDC 11-3A-6A, unless otherwise waived by City Council. The Ci
Council approved a waiver to UDC 11-3A-6A to allow a portion (annroximately 485 feet) of
the Lemn Canal along the north boundarv of the site to remain oven and not be piped as
proposed by the Applicant.
b. The subject property shall develop consistent with the site plan, preliminary plat and building
elevations included in Exhibit A.
c. Access to this subdivision is restricted to those access points approved by City Council and
allowed by ACRD with the preliminary plat for this site. The Citv Council approved the
applicant's request for a waiver to UDC 11-3A-3 for one access to the site via W. McMillan
Road and. one access point via N. Linder Road as shown on the revised plat in Exhibit A.2.
d. A minimum 20-foot wide landscape buffer to residential uses is required to be provided on
the commercial property in accord with UDC 11-3B-9C.2 unless otherwise modified by City
Council.
CONDITIONAL USE PERMIT
1.2 Site Specific Conditions of Approval
1.2.1 Development of the site shall substantially comply with the site plan and building elevations
included in Exhibit A, the design standards listed in UDC 11-3A-19 and the guidelines contained
in the City of Meridian Design Manual.
1.2.2 The developer shall comply with the specific use standards for multi-family developments listed
in UDC 11-4-3-27. The plans submitted with the Certificate of Zoning Compliances) for this
development shall demonstrate compliance with these standards.
1.2.3 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. The UDC (11-3A-6B)
requires all open irrigation ditches and canals to be fenced in accord with the standards listed
unless improved as part of the development as a water amenity in accord with the standards
listed in UDC 11-IA-1. Details demonstrating compliance with the aforementioned standards
McLinder Sub/Sawtooth Village AZ-13-010; PP-13-022; CUP-13-010
PAGE 21
EXHIBIT A
will be required with the final plat application.
1.2.4 At a minimum, five (5) amenities are required to be provided on the site based on the total
number of units (84) and the size of the property, in compliance with UDC 11-3G-3 and 11-4-3-
27D. The applicant proposes to provide a clubhouse, swimming pool, playground, barbeque area
with picnic tables, walking paths, and open grassy areas in compliance with this requirement.
1.2.5 The applicant shall provide a minimum of 1.1 acres of common open space that meets or exceeds
the standards set forth in UDC 11-3G-3B and 11-4-3-27C.
1.2.6 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site.
1.2.7 Landscaping is required to be provided along the foundation of all street facing elevations in
accord with the standards in UDC 11-4-3-27-F.
1.2.8 The applicant shall record legally binding documents that state the maintenance and ownership
responsibilities for the management of the development, including, but not limited to, structures,
parking, common areas, and other development features. Documentation of compliance with this
requirement shall be with submitted with the first Certificate of Zoning Compliance application
for the multi family development.
1.2.9 Vehicle parking shall be provided for the multi-family development in accord with the standards
listed in UDC Table 11-3C-6. A minimum of two (2) parking spaces are required per unit; one of
these in a covered carport or garage.
1.2.10 A minimum of ten (10) bl3icycle parking facilities shall be provided for
the multi-family development in locations a rg eed upon b
~plicant and staff. Bicycle parking shall comply with the standards listed in UDC 11-3C-SC.
1.2.11 The carports shall be constructed to be compatible with the associated residential buildings in
accord with the Meridian Design Manual (pg. 135) and UDC 11-3A-19.
PRELIMINARY PLAT
1.3 Site Specific Conditions of Approval
1.3.1 The final plat shall substantially comply with the approved preliminary plat in accord with the
requirements listed in UDC 11-6B-3C.
1.3.3 The existing structures on the site and the access serving the home on McMillan Road shall be
removed prior to signature on the final plat by the City Engineer.
1.3.4 A minimum 5-foot wide detached sidewalk is required to be constructed along W. McMillan
Road in accord with UDC 11-3A-17. This sidewalk shall be installed with the first phase of this
development.
1.4 General Conditions of Approval
1.4.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC
Chapter 2 District regulations.
1.4.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6. The City Council approved a waiver to UDC 11-3A-6A to allow a on rtion
McLinder Sub/Sawtooth Village AZ-13-010; PP-13-022; CUP-13-010
PAGE 22
EXHIBIT A
(anvroximately 485 feet) ofthe Lem Canal along the north boundarv ofthe site to remain oven
and not be pined as proposed by the Applicant
1.4.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11.
1.4.4 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.
1.4.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.4.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-SJ.
1.4.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3B-SI,
11-3B-8C, and Chapter 3 Article C.
1.4.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-
7C (streets).
1.4.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-
11 C.
1.4.10 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.
1.4.11 Provide bicycle parking spaces as set forth in UDC 11-3C-6G consistent with the design
standards as set forth in UDC 11-3C-SC.
1.4.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12.
1.4.13 Construct all required landscape areas used for storm water integration consistent with the
standards as set forth in UDC 11-3B-11C.
1.4.14 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the
guidelines set forth in the City of Meridian Design Manual.
1.4.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
1.5 Ongoing Conditions of Approval
1.5.1 The conditional use may only be transferred or modified consistent with the provisions as set forth
in UDC 11-SB-6G. The applicant shall contact Planning Division staff regarding any proposed
modification and/or transfer of ownership.
1.5.2 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.
1.6 Process Conditions of Approval
1.6.1 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.
1.6.2 The conditional use approval shall be null and void if the applicant fails to 1) commence the
use within two years as set forth in UDC 11-SB-6F1 or 2) gain approval of a time extension as set
forth in UDC 11-SB-6F4.
1.6.3 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design
Review application from the Planning Division, prior to submittal of a building permit
application.
McLinder Sub/Sawtooth Village AZ-13-010; PP-13-022; CUP-13-010
PAGE 23
EXHIBIT A
2. PUBLIC WORKS DEPARTMENT
2.1 Site Specific Conditions of Approval
2.1.1 The applicant shall provide a looped water system from the dead end main on the west side of
the clubhouse to the main east of the clubhouse connecting to W. Cobblefield Street.
2.1.2 With the development of Lots 5-6, Block 3, the applicant shall provide a looped water system.
Specifically, the 8-inch diameter main stubbed into the southwest corner of Lot 5 from the
driveway shall connect to the 8-inch diameter main in the driveway entering Lot 6.
2.1.3 An 8-inch diameter sanitary sewer main shall be extended in the driveway between Lots 18 and
19, Block 2 to provide service to Lots 6 and 7, Block 3.
2.2 General Conditions of Approval
2.2.1 The applicant shall install sanitary sewer and water mains to and through this subdivision;
applicant shall 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.
2.2.2 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.
2.2.3 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
development plan approval.
2.2.4 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer.
2.2.5 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided, except for a portion of the Lemn
Canal shall be tiled per UDC 11-3A-6. The City Council approved a waiver to UDC 11-3A-6A to
al ow a portion (a~nroximately 485 feet) of the Lemp Canal along the north boundarv of the site
to remain oven and not be fined as ~ronosed by the Applicant. 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.
2.2.6 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.
2.2.7 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.
2.2.8 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,
fencing installed, drainage lots constructed, road base approved by the Ada County Highway
McLinder Sub/Sawtooth Village AZ-13-010; PP-13-022; CUP-13-010
PAGE 24
EXHIBIT A
District and the Final Plat for this subdivision shall be recorded, prior to applying for building
permits.
2.2.9 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, etc., prior to signature on the final plat.
2.2.10 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.
2.2.11 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.2.12 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.
2.2.13 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.2.14 Applicant shall be responsible for application and compliance with and NPDES permitting that
may be required by the Environmental Protection Agency.
2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.2.17 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.
2.2.18 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.
2.2.19 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
ACRD. 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.
2.2.20 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.
2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public
roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights
shall be installed at developer's expense. Final design shall be submitted as part of the
development plan set for approval, which must include the location of any existing street lights.
Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not
exceed that outlined in the Standards. The contractor's work and materials shall conform to the
ISPWC and the City of Meridian Supplemental Specifications to the ISPWC.
2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure
prior to final plat signature. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Please contact Land Development Service for more information at 887-2211.
McLinder Sub/Sawtooth Village AZ-13-010; PP-13-022; CUP-13-010
PAGE 25
EXHIBIT A
2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Please contact Land Development Service for more information at 887-2211.
2.2.24 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.
3. FIRE DEPARTMENT
3.1 One and two family dwellings not exceeding 3,600 square feet require afire-flow of 1,000 gallons
per minute for a duration of 2 hours to service the entire project. One and two family dwellings in
excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the
International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the
International Fire Code.
3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance
with International Fire Code Section (1FC) 508.5.4 as follows:
a. Fire hydrants shall have the 4 %" outlet face the main street or parking lot drive aisle.
b. Fire hydrants shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 '/2" outlets.
g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
3.3 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and
48' outside, per International Fire Code Section 503.2.4.
3.4 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International Fire
Code Sections 503.4 & D103.6.
3.5 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
3.6 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical
clearance of 13'6 as set forth in International Fire Code Section 503.2.1.
3.7 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather
surface are required to be installed before combustible construction material is brought onto the site,
as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J.
3.8 The roadways shall be built to Ada County Highway District cross section standards and have a
clear driving surface. Streets less than 26' in width shall have no on-street parking; streets less
than 32' in width shall have parking only on one side. These measurements shall be based on the
drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of
13' 6". The roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth
in International Fire Code Section 503.2.1. and D103.6.1 and D103.6.2.
3.9 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in
International Fire Code Section 505.1.
3.10 The applicant shall work with Public Works and Planning Department staff to provide an address
identification plan and a sign which meets the requirements of the City of Meridian sign ordinance
McLinder Sub/Sawtooth Village AZ-13-010; PP-13-022; CUP-13-010
PAGE 26
EXHIBIT A
and is placed in a position that is plainly legible and visible from the street or road fronting the
property, as set forth in International Fire Code Section 505.1.
3.11 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices
installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141,
Section A5.2.18.
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to the site design submitted with the application.
5. REPUBLIC SERVICES
5.1 Republic Services has no comments related to this application.
6. PARKS DEPARTMENT
6.1 The Park's Department has no comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 Construct a 5-foot wide detached sidewalk on the south side of the Settlers Canal abutting the
site, as proposed. Provide a permanent right-of--way easement for the public sidewalks placed
outside of the dedicated right-of--way. The easement shall encompass the entire area between the
right-of--way line and 2-feet behind the back edge of the sidewalk. Sidewalks shall either be
located wholly within the public right-of--way or wholly within an easement.
7.1.2 Complete Ann Taylor as a 36-foot street section with curb, gutter, and 5-foot wide attached
concrete sidewalk abutting the site, as proposed. Ann Taylor shall align centerline to centerline
with Ann Taylor on the west side of Linder Road across from the site.
7.1.3 Extend and complete Cobblefield Street as a 36-foot street section with curb, gutter, and 5-foot
wide attached concrete sidewalk within 50-feet of right-of--way abutting the site, as proposed.
7.1.4 Close one existing driveway on McMillan Road located 300 east of Linder Road with vertical
curb, gutter, and sidewalk to match the existing improvements.
7.1.5 Close one existing driveway on McMillan Road located 745-feet east of Linder Road with
sidewalk to match the existing improvements.
7.1.6 Pave all other driveways their full width at least 30-feet into the site beyond the edge of
pavement.
7.1.7 Other than the access specifically approved with this application, direct lot access to Linder and
McMillan Roads is prohibited and shall be noted on the final plat.
7.1.8 Payment of impacts fees are due prior to issuance of a building permit.
7.1.9 Comply with all Standard Conditions of Approval.
7.2 Standard Conditions of Approval
7.2.1 All irrigation facilities shall be relocated outside of the ACRD right-of--way.
7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the
ACRD right-of--way.
7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing
non-compliant pedestrian improvements abutting the site to meet current Americans with
McLinder Sub/Sawtooth Village AZ-13-010; PP-13-022; CUP-13-010
PAGE 27
EXHIBIT A
Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of
ADA compliance to District Development Review staff for review.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all
landscaping proposed within ACRD right-of--way or easement areas.
7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The
applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days
prior to breaking ground within ACRD right-of--way. The applicant shall contact ACRD Traffic
Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during
any phase of construction.
7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
7.2.9 All design and construction shall be in accordance with the ACRD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable ACRD
Standards unless specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
7.2.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACRD prior to District approval for occupancy.
7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of ACRD. The burden shall be upon the applicant to obtain written confirmation
of any change from ACRD.
7.2.12 If the site plan or use should change in the future, ACRD Planning Review will review the site
plan and may require additional improvements to the transportation system at that time. Any
change in the planned use of the property which is the subject of this application, shall require the
applicant to comply with ACRD Policy and Standard Conditions of Approval in place at that time
unless awaiver/variance of the requirements or other legal relief is granted by the ACRD
Commission.
McLinder Sub/Sawtooth Village AZ-13-010; PP-13-022; CUP-13-010
PAGE 28
EXHIBIT A
C. Legal Description and Exhibit Map for Proposed Annexation & Zoning
KESTREL LAND
SURVEYING
ANNEXATION PARCEI DESCRIPTION
A parcel of ground bcated in the Northwest Quarter of Sectbn 36, Township 3 North,
Range 1 East of the Boise Meridian, Ada County, Idaho, more partkularly described as follows:
BEGINNING at the Northwest Corner of Sectbn 36, T.3N., R.lE., B.M.,;
Thence along the North hne of the Northwest Quarter of said Section 36, South 89'24'83"
East a distance of 812.11 feet to a point;
Leaving satd North tine and along the Westerly Nne of Cobblefletd Crossing Subdhrlsbn No.
2 the following:
Thence South 00'16'26" West a distance of 429.61 feet to a point;
Thence South 89'24'33" East a distance of 78.21 feet to a point;
Thence South 11'42'27" West a distance of 79.20 feet to a point;
Thence South 26'02'45" West a distance of 198.43 feet to the Northeasterly
Corner of Arch Rock Terrau Subdhrisbn;
Thence leaving said Westerly line and akxt; the North line of Arch Rode Terrace .
Subdivision, North 89'26'18" West a distance of 788.00 feet to a point on the West 1Me of
the Northwest Quarter of said Section 36;
Thence along said West line, North 00'14'42" East a distance of 686.89 feet to the POINT
OF BEGINNING.
Said Parcel containing 13.004 acres (566,472 square feet}, more or less, and includes the Right-of-
Wayfor West McMillan Road and North Linder Road
End Description
Protect No. 13-132
Prepared August 16, 2013
167! ~:11lN Jtd, N6, Boi~s,1D 4370? f?0~ Bda-7311
McLinder Sub/Sawtooth Village AZ-13-010; PP-13-022; CUP-13-010
PAGE 29
EXHIBIT A
KESTREL LAND
SURVEYING
ZONE R-15 -PARCEL DESCRIPTION
A parcel of ground located in the Northwest Quarter of Section 36, Township 3 North,
Range 1 East of the Botse Meridian, Ada County, Idaho, more particularly described as follows:
Commenting at the Northwest Corner of Section 36, T.3N., R.lE., B.M., Thence along the
North fine of the Northwest Quarter of said Section 36, South 89'24'33" East a distance of 812.11
feet to a point, Thence leaving said North line and along the Westerly Tine of Cobbkfieid Crossing
Subdvision No. 2, South 00'16'26" West a distance of 226.47 feet to the POINT OF BEGINNING;
Continuing along the Westerly line ofi Cobbiefleld Crossing Subdivtsion No. 2 the foibwing:
Thence South 00'16'26" West a distance of 203.14 feet to a point;
Thence South 89'24'33" East a dktance of 78.21 feet to a point;
Thence South 11'42'27" West.a distance of 79.20 feet to a point;
Thence South 26'02'45" West a distance of 198.43 feet to the Northeasterly
Comer of Arch Rock Terrace Subdivision;
Thence leaving Bald Westerly Une and along the North Nne of Arch Rock Terrace
Subdivison, North 89'26'18" West a distance of 559.99 feet to a point;
Thence leaving said North line, North 00'14'42" East a distance of 32.00 feet to a point;
Thence North 89'26'18" West a distance of 6.83 feet to a point;
Thence North 00'33'42" East a distance~of 428.00 feet to a point;
Thence South 89'26'18" East a distance of 588.45 feet to the POINT OF BEGINNING.
Said Parcel containing 6.426 acres (279,936 square feet), more or less.
End Description
Project No. 13-132
Prepared August 16, 2013
~a~s w. strt Rd, ~ aor:., ID 43702 (!0~ ddb-73~s
McLinder Sub/Sawtooth Village AZ-13-010; PP-13-022; CUP-13-010
PAGE 30
EXHIBIT A
KESTREL LAND
SURVEYING
ZONE C-N -PARCEL DESCRIPTION
A parcel of ground located to the Northwest Quarter of Section 36, Township 3 North,
Range 1 East of the Boise Meridian, Ada County, Idaho, more particularly described as follows:
BEGINNING at the Northwest Corner of Section 36, T.3N., R.lE., B.M.;
Thence along the North 8ne of the Northwest Quarter of said Section 36, South 89'24'33"
East a distance of 812.11 feet to a point;
Thence leaving said North line and along the Westerly line of Cobblefleki Crossing
Subdivisbn No. 2, South 00'16'26" West a distance of 226.47 feet to a point;
Thence leaving said Westerly line, North 89'26'18" West a distance of 588.45 feet to a
point;
Thence South 00'33'42" West a distance of 428.00 feet to a point;
Thence South 89'26'18" East a d~tance of 6.83 feet to a point;
Thence South 00'14'42" West a distance of 32.00 feet to a point on the North one of Ards
Rock Tema Subdivision;
Thence along satd North kne, North 89'26'18" West a distance of 228.01 feet to a paint
on the West tine of the Northwest Quarter of said Section 36;~
Thence along said West line, North 00'14'42" East a distance of 686.89 feet to the POINT
OF BEGINNING.
Satd Parcel contahting 6.578 acres (286,536 square feet), more or less, and Mdudes Right-of-Way
for West McMillan Road and North Under Road
End Description
Pro}ect No. 13-132
Prepared August 16, 2013
t 67I W. IIi1J JRd, AE6, l9oJss, ID 83702 (708) ddd-7313 vJions - f?08) ddd-73JI
McLinder Sub/Sawtooth Village AZ-13-010; PP-13-022; CUP-13-010
PAGE 31
EXHIBIT A
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McLinder Sub/Sawtooth Village AZ-13-010; PP-13-022; CUP-13-010
PAGE 32
EXHIBIT A
D. Required Findings from Unified Development Code
1. ANNEXATION & ZONING:
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 City Council finds the proposed annexation and zoning to C-N and R-15 is consistent
with the MLJ-N future land use designation for this site.
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds that the proposed R-15 zoning district and uses allowed in that district
is consistent with the purpose statement of the residential district in that it provides for a
range of housing opportunities including apartments as proposed. Additionally, the City
Council finds the proposed C-N zoning is consistent with the purpose statement of the
commercial districts as it will provide for the retail and service needs of the community at a
neighborhood scale in this area of the City.
c. The map amendment shall not be materially detrimental to the public health, safety, and
welfare;
The City Council finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare.
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 City 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).
The City Council finds annexing this property with C-N and R-15 zoning districts is in the
best interest of the City as the property will be able to develop as mixed use neighborhood
project consistent with the vision of the Comprehensive Plan. Further, annexation this
property will allow utilization of available City services and a reduction of enclave areas in
this area of the City.
2. PRELIMINARY PLAT:
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 City 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.
McLinder Sub/Sawtooth Village AZ-13-010; PP-13-022; CUP-13-010
PAGE 33
EXHIBIT A
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The City 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 development
at their own cost, the City Council finds that the subdivision will not require the
expenditure of capital improvement funds.
d. There is public financial capability of supporting services for the proposed
development;
Based on comments from the public service providers (i.e., Police, Fire, ACRD, etc.), the
City Council finds there is public financial capability of supporting services for the
proposed development. (See Exhibit B for more detail.)
e. The development will not be detrimental to the public health, safety or general
welfare; and
The City Council finds the proposed development will not be detrimental to the public
health, safety or general welfare. ACRD considers road safety issues in their analysis.
3. CONDITIONAL USE PERMIT:
The Commission and Council shall review the particular facts and circumstances of each
proposed conditional use in terms of the following, and may approve a conditional use permit if
they shall find evidence presented at the hearing(s) is adequate to establish:
a. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
The City Council finds that if the site is designed in accord with the site plan in Exhibit
A and the conditions of approval in Exhibit B, the site will be large enough to
accommodate the proposed use and meet the dimensional and development regulations
of the R-15 district and the multi-family specific use standards.
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan
and in accord with the requirements of this Title.
The City Council finds that the proposed multi-family residential use in the R-15 zone
meets the objectives of the Comprehensive Plan.
c. That the design, construction, operation and maintenance will be compatible with
other uses in the general neighborhood and with the existing or intended character
of the general vicinity and that such use will not adversely change the essential
character of the same area.
The City Council finds that the general design, construction, operation and maintenance
of the multi-family use will be compatible with other residential and neighborhood
commercial uses in the general neighborhood and with the existing and intended
character of the vicinity as to not adversely change the character of the area.
EXHIBIT A
d. That the proposed use, if it complies with all conditions of the approval imposed,
will not adversely affect other property in the vicinity.
The City Council finds that the proposed development should not adversely affect other
property in the vicinity if the applicant complies with all conditions of approval listed in
Exhibit B of this staff report and constructs all improvements and operates the use in
accordance with the UDC standards.
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection,
drainage structures, refuse disposal, water, and sewer.
The City Council finds that sanitary sewer, domestic water and irrigation can be made
available to the subject property. Please refer to comments prepared by the Public Works
Department, Fire Department, Police Department and other agencies.
f. That the proposed use will not create excessive additional costs for public facilities
and services and will not be detrimental to the economic welfare of the community.
The City Council finds that the applicant will pay to extend the sanitary sewer and water
mains into the site. No additional capital facility costs are expected from the City. The
applicant and/or future property owners will be required to pay impact fees.
g. That the proposed use will not involve activities or processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property or the
general welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare or odors.
The City Council finds that the proposed development will not involve uses that will
create nuisances that would be detrimental to the general welfare of the surrounding area.
The City Council recognizes the fact that traffic and noise will increase with the approval
of this development; however, whenever undeveloped property is developed the amount
of traffic generation does increase.
h. That the proposed use will not result in the destruction, loss or damage of a natural,
scenic or historic feature considered to be of major importance.
The City Council finds that the proposed development will not result in the destruction,
loss or damage of any natural feature(s) of major importance.