Da Vinci Park CPAM-13-003 MDA-13-021 RZ-13-016 PP-13-036CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
~E IDIZ IAN+~-
~J
In the Matter of the Request for an Amendment to the Comprehensive Plan Future Land Use Map
to Change the Land Use Designation on 7.76 Acres of Land from Low Density Residential to
Medium Density Residential (6.36 acres) and Mixed Use -Neighborhood (1.4 acres); an
Amendment to the Existing Development Agreement to Change the Development Plan from Single-
Family Residential to Mixed Use; Rezone of 2.65 Acres of Land from the R-4 and R-8 Zoning
Districts to the C-N (Neighborhood Commercial) Zoning District; and Preliminary Plat Consisting
of 38 Single-Family Residential Attached Building Lots, l Commercial Building Lot, and 8
Common/Other Lots on 7.76 Acres of Land for Da Vinci Park, Located at the Southwest Corner of
E. McMillan Road and N. Locust Grove Road, by CS2, LLC.
Case No(s). CPAM-13-003; MDA-13-021; RZ-13-016; PP-13-036
For the City Council Hearing Date of: January 21, 2014 (Findings on January 28, 2014)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of January 21, 2014, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of January 21, 2014, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of January 21,
2014, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of January 21, 2014, 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). CPAM-13-003; MDA-13-021; RZ-13-016; PP-13-036
-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 January 21, 2014, 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 an amendment to the Comprehensive Plan future land use map;
development agreement modification; rezone, and preliminary plat is hereby conditionally
approved per the conditions of approval in the attached Staff Report for the hearing date of
January 21, 2014, 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).
Notice of Two (2) Year Development Agreement Duration
The development agreement shall be signed by the property owner(s) and returned to the City
within two (2) years of the City Council granting the modification (UDC 11-SB-3F).
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CPAM-13-003; MDA-13-021; RZ-13-016; PP-13-036
-2-
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 January 21, 2014
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CPAM-13-003; MDA-13-021; RZ-13-016; PP-13-036
-3-
By action of the City Council at its regular meeting held on the _~ day of ,
2014.
COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED
COUNCIL VICE PRESIDENT KEITH BIRD VOTED_
COUNCIL MEMBER DAVID ZAREMBA VOTED
COUNCIL MEMBER JOE BORTON VOTED~~A~-~
COUNCIL MEMBER LUKE CAVENER VOTED L
COUNCIL MEMBER GENESIS MILAM VOTED_
MAYOR TAMMY de WEERD VOTED ~~'
(TIE BREAKER)
Mayor Tamm~./ eerd
Attest:
q I l -,
Jaycee lman, City Clerk ~. `aAn~
Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney.
Dated: (' ~ ~ '
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CPAM-13-003; MDA-13-021; RZ-13-016; PP-13-036
-4-
EXHIBIT A
STAFF REPORT
HEARING DATE:
TO:
FROM:
January 21, 2014
Mayor & City Council
Sonya Wafters, Associate City Planner
208-884-5533
E IDIAN~--
IDAHO
SUBJECT:
CPAM-13-003; MDA-13-021; RZ-13-016; PP-13-036 - Da Vinci Park
L SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, CS2, LLC, has submitted an application for the following:
1) an amendment to the Future Land Use Map contained in the Comprehensive Plan to change the land use
designation on 7.76 acres of land from Low Density Residential to Medium Density Residential (6.36 acres)
and Mixed Use -Neighborhood (1.4 acres);
2) an amendment to the existing development agreement to change the development plan from single-family
residential to mixed use;
3) a rezone of 2.65 acres of land from the R-4 and R-8 zoning districts to the C-N (Neighborhood
Commercial) zoning district; and
4) a preliminary plat consisting of 38 single-family residential attached building lots, 1 commercial building
lot, and 8 common/other lots on 7.76 acres of land.
See Section VIII, Analysis, for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed CPAM, MDA, RZ, and PP applications based on the Findings of
Fact and Conclusions of Law in Exhibit B of the Staff Repork The Commission is not required to make a
recommendation on the 11IDA application.
The Meridian Planning & Zoning Commission heard these items on December 19, 2013. At the public
hearing, the Commission moved to recommend approval of the subject CPAM, MDA, RZ and PP
requests.
a. Summary of Commission Public Hearing:
i. In favor: Bob Unger
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Bob Unger (in agreement with staff report)
v. Staff presenting application: Sonya Wafters
vi. Other staff commenting on application: None
b. Kev Issue(s) of Discussion by Commission:
i. Transition and separation between residential and commercial uses.
c. Kev Commission Change(s) to Staff Recommendation:
i. None
d. Outstanding Issue(s) for City Council:
i. None
Da Vinci Park CPAM-13-003; MDA-13-021; RZ-13-016; PP-13-036 PAGE 1
EXHIBIT A
a, ummarv of Citv Counci l Public Hearin:
1~ In favor: Bob Unger
L. In opBosition: None
111. Commenting; None
jy, Written testimony: B ob Unger (in agreement with Commission recommendation)
y~ taff nresentin~ annl ication: Sonya Watte
yi, Other staff comment ing on annlication: None
j~ ev Issues of Discussion by Council:
L Proposed access poin ts via McMillan Locust Grove Roads.
~, Key Council Changes to Commission Recommendation
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access points ~ronos ed on the plat via E McMillan Road and N. Locust Grove Road (see DA
urovision #5.1.13 in Exhibit A.3 & condition 1.2.7 in Exhibit Bl.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to recommend approval of File Numbers
CPAM-13-003; RZ-13-016; PP-13-036 as presented in the staff report for the hearing date of January 21,
2014, with the following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to recommend denial of File Numbers
CPAM-13-003; RZ-13-016; PP-13-036, as presented during the hearing on January 21, 2014, for the
following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Numbers CPAM-13-003; RZ-13-016; PP-13-036 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 subject property is located at the southwest corner of N. Locust Grove Road and E. McMillan Road,
in the northeast'/4 of Section 31, Township 4 North, Range 1 East.
B. Applicant:
CS2, LLC
8921 W. Hackamore
Boise, Idaho 83709
C. Owner:
Larry C. Harpe and IX Eagle Investments, LLC
P.O. Box 1638
Eagle, ID 83616-9104
D. Representative:
Da Vinci Park CPAM-13-003; MDA-13-021; RZ-13-016; PP-13-036 PAGE 2
EXHIBIT A
Bob Unger, ULC Management, LLC
6104 N. Gary Lane
Boise, ID 83714
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject applications are for a comprehensive plan map amendment, rezone, preliminary plat, and
development agreement modification request. Except for the MDA request, which only requires Council
review, 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: December 2, and 16, 2013 (Commission); December 30, 2013
and January 13, 2014 (City Council
C. Radius notices mailed to properties within 300 feet on: November 22, 2013 (Commission); December
27, 2013 (City Council)
D. Applicant posted notice on site by: December 10, 2013 (Commission); January 10, 2014 (City Council)
VI. LAND USE
A. Existing Land Use(s): The existing land use of this site is single-family rural residentiaUagricultural,
zoned R-4 and R-8.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: McMillan Road, single-family residentiaUagricultural property, zoned RUT in Ada County and
R-4
South: Single-family residential properties in Havasu Creek Subdivision, zoned R-4
East: N. Locust Grove Road, Idaho Power substation and single-family residential properties in
Settlement Bridge Subdivision, zoned R-8
West: Rural residential/agricultural property, zoned RUT in Ada County
C. History of Previous Actions:
• In 2006, this site received annexation and zoning (AZ-06-041) approval with R-4 and R-8 zoning. A
development agreement was required as a provision of annexation, recorded as Instrument
#107005526.
A preliminary plat (PP-06-042) was also approved for Harpe Subdivision consisting of 22 single-
family residential building lots and 3 common/other lots. The plat has since expired.
D. Utilities:
a) Location of sewer: Sanitary sewer intended to serve the subject site currently exists directly adjacent
in N. Bright Angel Avenue.
b) Location of water: Domestic water intended to serve the subject site currently exists directly
adjacent in N. Locust Grove Road and E. McMillan Road.
E. Physical Features:
1. Canals/Ditches Irrigation: There are some irrigation ditches that cross this site.
2. Hazards: NA
3. Flood Plain: This property does not lie within the Floodplain Overlay District.
Da Vinci Park CPAM-13-003; MDA-13-021; RZ-13-016; PP-13-036 PAGE 3
EXHIBIT A
VII. COMPREHENSIVE PLAN ANALYSIS
EXISTING:
The Future Land Use Map (FLUM) contained in the Comprehensive Plan designates the subject property for
Low Density Residential (LDR) uses.
The LDR designation allows for the development of single-family homes on large lots where urban services
are provided. Uses may include single-family homes at gross densities of three dwelling units or less per
acre. See Exhibit A. 3 for current FLUM.
Kitty corner to this site at the northeast corner of E. McMillan Road and N. Locust Grove Road, there is
approximately 6.5 acres of land zoned C-N that is designated on the FLUM as Mixed Use -Neighborhood
(MU-N). The only development on the site so far is a Maverik fuel facility and convenience store. The
remainder of the site to the north and east was conceptually approved to develop with a maximum 11,000
square foot professional office building and a maximum 33,000 square foot multi-tenant retail building.
To the south of the subject property, centered at the half mile on the west side of N. Locust Grove Road,
there is approximately 60 acres of land that is designated Mixed Use -Neighborhood (MU-N) with a
Neighborhood Center (N.C.) on the FLUM. Approximately '/2 of this area has been developed with single-
family detached residential homes, approximately 17 acres is yet to re-develop from rural
residential/agricultural uses, and approximately 9.5 acres has been developed with professional offices,
medical offices, a daycare facility, and ballet academy. Just outside of the MU-N designated area to the south
is a church and fire station. There are no existing retail uses within the MU-N/N.C designated area.
PROPOSED:
The applicant proposes to change the FLUM designation on approximately 1.4 acres of land at the southwest
corner of N. Locust Grove and E. McMillan Road to Mixed Use -Neighborhood (MU-N); and
approximately 6.36 acres of land west and south of the proposed MU-N area to Medium Density Residential
(MDR). See Exhibit A.2 for proposed FLUM.
The purpose of the MU-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 encouraged to be designed according to the conceptual MU-N plan depicted
in Figure 3-1 on page 25 of the Comprehensive Plan. See pages 24-27 of the Comprehensive Plan for more
information.
The MDR designation allows smaller lots for residential purposes within City limits. Uses may include
single-family homes at densities of 3 to 8 dwelling units per acre.
The applicant proposes to develop the site with a 1.4 acre commercial building lot and 38 single-family
residential attached building lots. The gross density of the residential portion of the development is proposed
at 4.89 dwelling units per acre with a net density of 6.14 dwelling units per acre consistent with the desired
density of 3 to 8 dwelling units per acre in MDR designated areas.
The proposed commercial area is proposed to be integrated with the adjacent residences and will be
accessible from within the development. Uses within that area should provide a good or service for nearby
residents. Land uses are primarily residential as the commercial area is very small. The layout of the site is
generally consistent with the mixed use neighborhood concept diagram contained in the Comprehensive
Plan.
Da Vinci Park CPAM-13-003; MDA-13-021; RZ-13-016; PP-13-036 PAGE 4
EXHIBIT A
CITY OF MERIDIAN COMPREHENSIVE PLAN POLICIES AND GOALS:
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the
proposed use (staff analysis in italics):
• "Require landscape street buffers for new development along all entryway corridors." (2.01.02E)
A 25 foot wide landscape buffer is required along E. McMillan Road and N. Locust Grove Road, both
arterial streets, in accord with the standards listed in UDC I1-3B-7C Landscape Buffers along Streets.
• "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)
The development of single family attached homes on this site will contribute to the variety of housing
types available in this part of the City.
• "Support applications that apply the neighborhood center concept." (3.01.02A)
The applicant proposes to develop two small-scale neighborhood commercial building pads on the
corner of two arterial streets with single family attached dwellings to the west and south around the
commercial. Single family detached homes exist to the south and low density residential uses are
planned (on the FLUM) for the property to the west. This provides for a transition in zoning and uses
and the layout is generally consistent with the neighborhood concept diagram in the Comprehensive
Plan (pg. 25).
• "Locate small scale neighborhood commercial areas within planned residential developments as part of
the development plan." (3.OS.OIE)
The proposed plan incorporates asmall-scale neighborhood commercial area at the corner of this site
with surrounding single family attached residential uses.
• "Restrict private curb cuts and access points on collectors and arterial streets." (3.06.02D)
The UDC (11-3A-3) restricts access to arterial streets when access is available from a local street.
Therefore, staff recommends access is not allowed via McMillan or Locust Grove Roads as proposed
unless otherwise waived by City Council.
• "Adopt land use designations that will allow for housing opportunities for all income levels." (3.07.O1D)
The proposed MDR land use designation will allow for single family attached homes to be constructed
which will contributed to the variety of housing opportunities available in the City.
• "Consistent with the Transportation and Land Use Integration Plan, require all new residential
neighborhoods to provide sidewalks, curb and gutters, and complete streets." (3.07.02B)
Internal curb, gutter and sidewalks are proposed on the plat as well as public streets. The sidewalk
along the perimeter of the site adjacent to McMillan and Locust Grove Roads has already been
constructed.
• "Require screening and buffering of commercial and industrial properties to residential use with
transitional zoning." (3.06.O1E)
A 20 foot wide landscape buffer is required to be installed on the commercial portion of the site to buffer
the adjacent residential uses. The proposed C-N zoning will transition to R-8 zoning which will
transition to R-4 zoning south of the site.
Da Vinci Park CPAM-13-003; MDA-13-021; RZ-13-016; PP-13-036 PAGE 5
EXHIBIT A
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.
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. The intended use of this property is single-family attached
residential with neighborhood commercial. There are no specific commercial uses proposed with this
application. To promote quality design, future single-family attached homes will be required to comply
with the City's design standards contained in the UDC and the guidelines contained in the Meridian
Design Manual.
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 should still be available upon
development of the site.
c. 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. This site is already designated for residential uses and the applicant proposes to change the
land use designation on 2.65 acres of the site to allow neighborhood friendly commercial uses. The
proposed single-family attached residential units will contribute to the variety of housing options
available within the City and the commercial portion will provide services to area 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 Comprehensive Plan forecasts the need to continually adjust the provision of
commercial lands in order to gradually broaden economic opportunity throughout the City.
The subject property is currently identified as appropriate for low density residential uses. Because the
site is located on the corner of two arterial streets, Staff is of the opinion commercial use at the corner
may be more appropriate with medium density residential uses providing a transition to lower density
residential uses to the south and west of the site.
e. Public Services, Facilities, and Utilities
City water and sewer service is available to the subject property. Because this property is already 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. No comments have been received from the Meridian School District
to determine if the school facilities and student transportation in this area are adequate to serve additional
Da Vinci Park CPAM-13-003; NIDA-13-021; RZ-13-016; PP-13-036 PAGE 6
EXHIBIT A
residents. According to the school districts' boundary map, Prospect elementary, Heritage middle, and
Rocky Mountain high schools will serve development on this site.
g. Transportation
The purpose of this element is to promote an efficient and safe transportation system within the City.
Because the existing plan for the site is low density residential, Staff is of the opinion the proposed
FLUM amendment to medium density residential and mixed use neighborhood would increase traffic
within this area of the City.
h. Natural Resources
The purpose of this element is to promote conservation of areas of natural significance, where
appropriate. Staff is not aware of any natural resources that exist on this site that would be impacted by
the proposed development.
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 developed City parks totaling approximately 240 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 is of the opinion the proposed single-family attached and neighborhood commercial use
development of this site is consistent with the proposed future land use designations of MDR and MU-N.
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 Division 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 October 28, 2013 of which two people attended (see sign-up sheet included in application).
Da Vinci Park CPAM-13-003; MDA-13-021; RZ-13-016; PP-13-036 PAGE 7
EXHIBIT A
STAFF ANALYSIS: Because MU-N and N.C. designated property already exists at the half mile to the south
and kitty corner to this site and there is already an overabundance of professional and medical offices (and
vacant spaces) in this general area, staff is not overly amenable to recommending approval of a change to the
FLUM designation for this site. However, because there is not any retail or restaurant uses in those areas,
staff would be agreeable to the map amendment if future uses do not include professional office or medical
office uses. Instead, staff recommends other neighborhood friendly uses as allowed in the C-N district such
as a small restaurant (coffee/sandwich/ice-cream shop), personal service (nail/hair salon), Laundromat/dry
cleaner, retail store, financial institution, etc. develop on the site.
Based on the above analysis, staff is supportive of the change to the FLUM as proposed with the provisions
noted in Exhibit A.3.
VIII. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
DEVELOPMENT AGREEMENT MODIFICATION (MDA): The applicant proposes to amend the existing
development agreement (DA) to change the development plan for this property from single-family
residential to mixed use (single-family residential and neighborhood commercial). See Exhibit A.3 for
the proposed changes to the agreement.
REZONE (RZ): The applicant proposes to rezone 2.65 acres of land from the R-4 and R-8 zoning
districts to the C-N zoning district; and 6.3 acres of land from the R-4 zoning district to the R-8 zoning
district consistent with the proposed FLUM designations of MDR and MU-N.
A preliminary plat, landscape plan and conceptual site plan was submitted concurrently with the rezone
that depicts how the site is proposed to develop with a mix ofsingle-family residential and
neighborhood commercial uses (see Exhibits A.7 and A.8).
The concept plan for the commercial lot depicts two small building pads with associated parking and
drive aisles. The eastern pad site depicts adrive-thru. A full access is proposed via N. Park Crossing
Avenue, an internal local street, and aright-out driveway is proposed to N. Locust Grove Road.
Hours of operation in the C-N district are restricted from 6 am to 10 pm, per UDC11-2B-3A.4.
In accord with the discussion above in Section VII in regard to future uses on the C-N zoned portion of
the site, staff recommends future uses not include professional office and healthcare uses. Staff
recommends neighborhood friendly uses such as a small restaurant (coffee/sandwich/ice-cream shop),
personal service (nail/hair salon), Laundromat/dry cleaner, retail store, financial institution, etc. develop
on the site.
The City may require a development agreement (DA) in conjunction with a rezone pursuant to Idaho
Code section 67-6511A. To ensure the site develops consistent with the Comprehensive Plan,
preliminary plat, and conceptual development plan and conceptual building elevations, staff recommends
a DA is required as a provision of the rezone. Because the site is already governed by a DA, Staff's
recommended the DA is amended rather than create a new DA. Staff has included recommended
changes to the existing agreement and new provisions based on the current development plan in Exhibit
A.3.
The proposed zoning designations and densities are consistent with the proposed changes to the FLUM
noted above in Section VII. Therefore, staff is supportive of the rezone request.
Da Vinci Park CPAM-13-003; MDA-13-021; RZ-13-016; PP-13-036 PAGE 8
EXHIBIT A
PRELIMINARY PLAT (PP): The proposed preliminary plat consists of 38 single-family residential
building lots, 1 commercial building lot, and 8 common open space lots on 7.76 acres of land in the
proposed R-8 and C-N zoning districts.
The gross density of the residential portion of the development is proposed at 4.89 dwelling units per
acre with a net density of 6.14 dwelling units per acre consistent with the proposed FLUM designation of
MDR.
Existing Structures: There is an existing home and associated outbuildings on the site that are required
to be removed prior to signature on the final plat by the City Engineer.
Dimensional Standards: The proposed plat and future development is required to comply with the
dimensional standards of the R-8 and C-N zoning districts listed in UDC Tables 11-2A-6 and 11-2B-3
respectively. Staff has reviewed the proposed plat and found the plat to comply with the minimum street
frontage and lot size requirements of the applicable district.
Access: One full access is depicted on the plat via E. McMillan Road, an arterial street, and one right-out
only access is depicted to N. Locust Grove Road, an arterial street. A stub street is proposed to the west
for future extension and a street connection is proposed via N. Bright Angel Avenue, an existing local
street, at the south boundary of the site.
The UDC (11-3A-3) restricts access to arterial streets when access via a local street is available. Because
access from a local street is available, a City Council waiver is required for the access points
proposed via the arterial streets.
Multi-Use Pathway: The Pathways Master Plan does not depict amulti-use pathway on this site.
Landscaping: A 25-foot wide street buffer is required along E. McMillan Road and N. Locust Grove
Road, both arterial streets, per UDC Tables 11-2A-6 and 11-2B-3. The buffer is measured from the back
of the sidewalk when the sidewalk is attached to the curb. The width of the proposed buffer is narrower
than 25 feet in several different areas on the plat and landscape plan; revisions should be made
accordingly. Landscaping is required in accord with the standards listed in UDC 11-3B-7C; the proposed
landscape plan complies with these standards.
A 20-foot wide landscape buffer to residential uses is required to be provided on the C-N zoned portion
of the site where it abuts residential property, per UDC Table 11-2B-3. Landscaping is required in
accord with the standards listed in UDC 11-3B-9C. The buffer area is required to be comprised of, but
not limited to, a mix of evergreen and deciduous trees, shrubs, lawn, or other vegetative ground cover
that results in a barrier that allows trees to touch at the time of maturity; the landscape plan needs to be
revised to comply with this standard. The buffer will be required to be installed upon development of the
commercial portion of the site.
Common Open Space & Site Amenities: All new single-family developments over 5 acres in size are
required to provide open space & site amenities in accord with the standards listed in UDC 11-3G-3. A
minimum of 10% qualified open space is required to be provided for the development in accord with the
standards listed in UDC 11-3G-3B. Based on 6.36 acres for the single-family portion of the
development, a minimum of 0.64 of an acre of qualified open space is required. A total of 0.74 of an acre
of qualified open space consisting of a 0.4 acre common area and 50% of the street buffer along the
arterial streets is proposed in accord with UDC requirements.
Development area under 20 acres in size is required to provide a minimum of one site amenity. The
applicant proposes a central common area with amenities on Lot 25, Block 3 including a covered picnic
area, playground equipment, pathway, picnic tables and benches; and a picnic table and bench on Lot 12,
Block 1 in accord with UDC requirements.
Sidewalks: The UDC (11-3A-17) requires detached sidewalks to be constructed along all arterial streets.
With the recent improvements to the intersection, attached sidewalks were constructed along E.
Da Vinci Park CPAM-13-003; MDA-13-021; RZ-13-016; PP-13-036 PAGE 9
EXHIBIT A
McMillan Road and N. Locust Grove Road along the entire frontage of the site. Staff recommends the
existing sidewalks be allowed to remain and not be replaced with detached sidewalks.
Fencing: Six-foot tall vinyl fencing is proposed as depicted on the landscape plan. Fencing adjacent to
interior common open space areas and pathways is restricted to 4-feet in height if solid material is used
and 6 feet in height if open vision material is used, in accord with UDC 11-3A-7. Fencing adjacent to
Lot 25, Block 3 should be revised accordingly.
Irrigation: The applicant's narrative states the property has surface water irrigation rights from NMID
and a pressurized system will be installed with the development.
Storm Drainage: The applicant's narrative states drainage for the project will be retained on site with
the use of drainage trenches. Design and locations should be submitted to the City Engineer for final
approval prior to construction.
Waterways: There are some irrigation ditches that cross this site. All ditches are required to be piped
with development of the site in accord with UDC 11-3A-6.
Building Elevations: Conceptual building elevations for the single-family attached structures are
included in Exhibit A.7. Final design of these structures is required to comply with the design standards
listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual.
Certificate of Zoning Compliance (CZC): A Certificate of Zoning Compliance application is required
to be submitted and approved by the Planning Division for all single-family attached and commercial
structures on the site prior to issuance of building permits.
Design Review: A Design Review application is required to be submitted and approved by the Planning
Division concurrent with the CZC application for all single-family attached and commercial structures
on the site prior to issuance of building permits to ensure quality of design. Development should be
consistent with the design standards listed in UDC 11-3A-19 and the design guidelines in the Meridian
Design Manual.
To ensure quality of design adjacent to the arterial street(s), Staff recommends the side of the structure
on Lot 2, Block 1 that faces E. McMillan Road and the rear of the structures on Lots 1-8, Block 3 that
back up to N. Locust Grove Road incorporate articulation through changes in materials, color,
modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and
roof lines.
Additionally, to create a cohesive development, Staff recommends some of the same design elements in
the residential portion of the development be incorporated into the commercial development.
Staff is recommends approval of the proposed CPAM, MDA, RZ, and PP applications per the conditions
listed in Exhibit B.
IX. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Existing & Proposed Future Land Use Map
3. Applicant's Proposed Changes to Development Agreement
4. Legal Description & Exhibit Map for Rezone Area
5. Proposed Preliminary Plat (dated: 8/19/13)
6. Proposed Landscape Plan (dated: 11/4/13)
Da Vinci Park CPAM-13-003; MDA-13-021; RZ-13-016; PP-13-036 PAGE
10
EXHIBIT A
7. Conceptual Building Elevations
8. Conceptual Development Plan for Commercial Portion of the Site
B. Agency & Department Comments/Conditions
C. Required Findings from Unified Development Code
Da Vinci Park CPAM-13-003; MDA-13-021; RZ-13-016; PP-13-036 PAGE
11
EXHIBIT A
Exhibit A.1: Vicinity Map
Da Vinci Park CPAM-13-003; MDA-13-021; RZ-13-016; PP-13-036 PAGE
12
EXHIBIT A
Exhibit A.2: Existing & Proposed Future Land Use Map
Date: 1 21 1 3120 1 3 Existing Land Uses
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Da Vinci Park CPAM-13-003; MDA-13-021: R7,-13-016: PP-13-036 PAGE
13
EXHIBIT A
Exhibit A.3: Applicant's Proposed Changes to Development Agreement
Applicant's proposed changes are shown in underline/strike-out format; Staff's recommended changes are
shown in bold underline/strike-out.
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning
Ordinance codified as Meridian City Code Title 11 which are herein specified as follows:
Construction and development of an attached single family and commercial development consisting
of ~ 38 attached residential building lots, 1 neighborhood commercial lot, and ~ 8 common lots in
the proposed ~R-8 and C-Nzones on ~9-.7.76 acres pertinent to this ~''~T RZ-13-016
and PP-13-036 application.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1 Owner/Developer shall develop the Property in accordance with the following special conditions:
1. That all future uses shall not involve uses, activities, 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.
2. That all future development of the subject property shall be constructed in accordance with City of
Meridian ordinances in effect at the time of development.
3. That the applicant will be responsible for all costs associated with the sewer and water service
extension.
4. That any existing domestic wells and /or specific systems within this project will have to be
removed from their domestic service, per City Ordinance Section 5-7-517, when services are
available from the City of Meridian. Wells may be used for non-domestic purposes such as
landscape irrigation.
5. That the following shall be the only allowed uses on this property: single-family ~ attached
homes and allowed accessory uses of the R-8 zone and uses as allowed in the C-N zone, except
fo_r professional office and healthcare and social service uses, which are prohibited.
xzui ° ° ,
That prior to issuance of any building permit, the subject property be subdivided in accord with the
City of Meridian Unified Development Code.
8. Development of this site shall substantially comply with the preliminary plat, conceptual
development plan for the commercial portion of the site and the conceptual residential
buildinE elevations shown in Exhibit A.
9. The side of the structure on Lot 2, Block 1 that faces E. McMillan Road and the rear of the
structures on Lots 1-8. Block 3 that back up to N. Locust Grove Road shall incorporate
Da Vinci Park CPAM-13-003; MDA-13-021; RZ-13-016; PP-13-036 PAGE
14
EXHIBIT A
articulation through changes in materials, color, modulation, and architectural elements
(horizontal and vertical) to break up monotonous wall planes and roof lines.
10. The developer shall incorporate some of the same design elements in the commercial portion
of the development as in the residential portion of the development in accord with the design
guidelines contained in the Design Manual.
11. A Certificate of Zoning Compliance and Design Review application is required to be
submitted and approved by the Planning Division for all single-family attached and
commercial structures on the site prior to issuance of building permits.
12. The developer shall provide amenities on Lot 25, Block 3 as shown on the landscape plan
including a covered picnic area, playground equipment, picnic tables and benches; and a
picnic table and bench on Lot 12, Block 1 in accord with UDC 11-3G-3.
13. Direct access to/from the site via E. McMillan Road and N. Locust Grove Road is-»relri~bited
was ap v City Council through a w -in accord with UDC11-3A-3~tnless
14. Hours of operation in the C-N district are restricted from 6 am to 10 pm, per UDC11-2B-
3A.4.
Da Vinci Park CPAM-13-003; MDA-13-021; RZ-13-016; PP-13-036 PAGE
15
EXHIBIT A
Exhibit A.4: Legal Description & Exhibit Map for Rezone Area
DE8CR~TKIW FQR
C-N ZONIr AT DA VMICt PARK ttl
Norembu 5, 2013
A PARCEL OF LAND BEMK3 PORT~NS OF THE NE Y. OF THE NE; jG A~ OF LOT 7, CFtE3'TYNOOD
~O1VIS10N N0.1, LOCATED IN SECTt~! 31, TAP 4 NORTH, RANGE 1 EAST OF THE
EiOISE MERIDfAA1, lufE:RtDIMI. ADA COUNTY, IDAl~O, BEtFKi MORE: PARTICULARLY DESCRIBED
A3 FOLLOWS:
COMMENCE AT THIr NORTHEAST CORNER ~ 8ECTK1Ff 31, T.4 N., R.1 E., B.M.,
THE R~1L POBt1' OF RB OF THIS DIrSCRIP'TI0~1;
TIfENCE S OQ'33'41" W 339.97 FEET ALONG Tiff EAST LINE OF SAID SECTION 31 TO A POtNf;
THENCE M 90'00"00" W 1T3.50 FEET TO A POINT;
THENCE N 35'2i'00" W SO.itl FEET TO A POINT;
THENCE W li'S3'4i" W 50.00 FEET TO A POINT;
THENCE N OfY33'41" E R.77 FEET TO A POINT;
THENCE N as9''ST'47" W 245.01 FEET TO A POINT;
THENCE W 0033'42" E 1Ti.6i FEET TO A POINT ON THE WORTH lINE OF SAD SECTION 31;
THENCE 5 x9"46'04" E 461.$5 FEET TO TH£ REAL POiWT OF iEAlHrilWa OF THE DESCRIP710t~
CONTA~MN3 2.i5 AdIES, MOll1: OR LESS.
Da Vinci Park CPAM-13-003; MDA-13-021; RZ-13-016; PP-13-036 PAGE
16
EXHIBIT A
EXHIBIT FOR
DA VINCI PARK SUBDIVISION REZONE
SITUATED IN THE NE 1/4, SECTION 31, T.4 N., R.1 E., B.M.
C~IY OF MERIDIAN, ADA COUNTY, IDAHO ~ 29
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BOISE, ID 83705
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JOB N0. 13-0031
Da Vinci Park CPAM-13-003;1vIDA-13-021; RZ-13-016; PP-13-036 PAGE
17
EXHIBIT A
Exhibit A.S: Proposed Preliminary Plat (dated: 8/19/13)
Da Vinci Park CPAM-13-003; MDA-13-021; RZ-13-016; PP-13-036 PAGE
lx
EXHIBIT A
Exhibit A.6: Proposed Landscape Plan (dated: 11/4/13)
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D2 Vinci Park CPAM-13-003; MDA-13-021; R7-13-016; PP-13-036 PAGE
19
EXHIBIT A
Exhibit A.7: Conceptual Building Elevations
Da Vinci Park CPAM-13-003: MDA-13-021; RZ-13-016; PP-13-036 PAG1J
20
EXHIBIT A
Exhibit A.8: Conceptual Development Plan for Commercial Portion of the Site
Da Vinci Park CPAM-13-003; MDA-13-021; RZ-]3-016; PP-13-036 PAGE
21
EXHIBIT A
B. Agency & Department Comments/Conditions
1. PLANNING DEPARTMENT
1.2 Site Specific Conditions of Approval
1.2.1 The developer 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. Fencing adjacent to the interior common
open space on Lot 25, Block 3 is restricted to 4-feet in height if solid material is used and 6 feet in height
if open vision material is used, in accord with UDC 11-3A-7.
1.2.2 All irrigation ditches on the site shall be piped in accord with UDC 11-3A-6.
1.2.3 The developer shall provide amenities on Lot 25, Block 3 as shown on the landscape plan including a
covered picnic area, playground equipment, pathway, picnic tables and benches; and a picnic table and
bench on Lot 12, Block 1 in accord with UDC 11-3G-3.
1.2.4 The developer shall provide a minimum of 0.74 of an acre of qualified open space that meets or exceeds
the standards set forth in UDC 11-3G-3 as proposed on the preliminary plat.
1.2.5 The final plat shall incorporate the following revisions from the preliminary plat:
a. The street buffers along E. McMillan Road and N. Locust Grove Road on Lot 1, Block land Lot
9, Block 3 shall be widened to 25 feet, measured from the back of sidewalk in accord with UDC
Table 11-2A-6 and landscaped in accord with the standards listed in UDC11-3B-7C. The
residential street buffer shall be on a common lot, maintained by the homeowner's association;
the commercial buffer shall be on a common lot or on a permanent dedicated buffer, maintained
by the property owner or business owners' association in accord with UDC 11-3B-7C.
1.2.6 The landscape plan submitted with the final plat shall incorporate the following revisions:
a. The street buffers along E. McMillan Road and N. Locust Grove Road on Lot 1, Block land Lot
9, Block 3 shall be widened to 25 feet, measured from the back of sidewalk in accord with UDC
Table 11-2A-6. Landscaping is required in accord with the standards listed in UDC11-3B-7C.
b. A 20-foot wide buffer between land uses is required on the commercial property where it abuts
the residential portion of the development in accord with UDC Table 11-2 B-3 and shall be
installed with development of the commercial portion of the site. The buffer shall be landscaped
in accord with the standards listed in UDC 11-3B-9C.
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1.3 General Conditions of Approval
1.3.1 Comply with all bulk, use, and development standards of the R-4 and R-15 zoning districts listed in
UDC Tables 11-2-A-5 and 11-2A-7 respectively.
1.3.2 Comply with all provisions of 11-3A-3 with regard to access to streets
1.3.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in
UDC 11-3A-6.
1.3.4 Construct the pathway and adjoining fencing and landscaping consistent with the standards as set forth in
UDC 11-3A-7A7 and 11-3B-12C respectively.
1.3.5 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.
Da Vinci Park CPAM-13-003;1vIDA-13-021; RZ-13-016; PP-13-036 PAGE
22
EXHIBIT A
1.3.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.3.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-SJ.
1.3.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for
single-family dwellings.
1.3.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-7C.
1.3.10 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-11C.
1.3.11 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including
but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers,
and mailbox placement.
1.3.12 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.
1.3.13 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
1.4 Ongoing Conditions of Approval
1.4.1 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.
1.4.2 All common open space and site amenities shall be maintained by an owner's association as set forth in
UDC 11-3G-3F1.
1.4.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval
associated with this site.
1.4.4 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.
1.4.5 The applicant shall have an ongoing obligation to maintain all pathways.
1.4.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in
UDC 11-3A-11.
1.4.7 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.
1.5 Process Conditions of Approval
1.5.1 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.
1.5.2 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.
1.5.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as
set forth in UDC 11-6B-3C2.
1.5.4 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.
Da Vinci Park CPAM-13-003; IvIDA-13-021; RZ-13-016; PP-13-036 PAGE
23
EXHIBIT A
1.5.5 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.
1.5.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant
shall provide a written certificate of completion as set forth in UDC 11-3B-14A.
2. PUBLIC WORKS DEPARTMENT
2.1 Site Specific Conditions of Approval
2.1.1 This development sits adjacent to a water pressure zone boundary, and therefore special considerations
in design must be made to ensure the separation of the zones. This development as proposed also
exceeds the maximum number of buildable lots on a single water main source per Meridian Public
Works Department Policy, and therefore two connection to existing mains will be required for service.
One connection is to be made to the high pressure main in E. McMillan Road at the intersection of N.
Park Crossing Avenue, and a second connection is to be made from the proposed main in N. Bright
Creek Avenue cul-de-sac to the existing main in N. Locust Grove Road. Developer will be required to
provide these two water main connections to any phase containing more than 25 lots, unless this number
of lots is increased in the future by action of the City Council.
Alternatively, the applicant may enter into non-build agreement with the City of Meridian on the number
of lots beyond the above restriction. Said non-build agreement will be recorded into Ada County
Records. A note shall be added to the face of the plat so that future lot buyers will be noticed, and a
reference to said note shall be added to each affected lot.
2.2 General Conditions of Approval
2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department,
and execute standard forms of easements for any mains that are required to provide service outside of a
public right-of--way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-
grade is less than three feet than alternate materials shall be used in conformance of City of Meridian
Public Works Departments Standard Specifications.
2.2.2 Per Meridian City Code, the applicant shall be responsible to install sewer and water mains to and
through this development.
2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way
(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,
or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside
the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted
on the plat for reference purposes. Submit an executed easement (on the form available from Public
Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must
include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and
distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a
Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document.
2.2.4 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 prior to receiving development plan
approval.
2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the
City Engineer.
Da Vinci Park CPAM-13-003; MDA-13-021; RZ-13-016; PP-13-036 PAGE
24
EXHIBIT A
2.2.6 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.
2.2.7 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.
2.2.8 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.
2.2.9 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 District and the
Final Plat for this subdivision shall be recorded, prior to applying for building permits.
2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing,
landscaping, amenities, etc., prior to signature on the final plat.
2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of
occupancy.
2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection
fees, as determined during the plan review process, prior to the issuance of a plan approval letter.
2.2.13 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.
2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may
be required by the Army Corps of Engineers.
2.2.15 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 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.
2.2.20 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.
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EXHIBIT A
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.
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.
3. POLICE DEPARTMENT
3.1 The Police Department did not submit comments on this application.
4. FIRE DEPARTMENT
4.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with
International Fire Code Section (IFC) 508.5.4 as follows:
a. Fire hydrants shall have the 4'/2" 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 '/z" 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.
4.2 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.
4.3 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in
International Fire Code Section 304.1.2.
4.4 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.
4.5 Operational fire hydrants, temporary or permanent street signs, and access roads with anall-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.
4.6 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
Da Vinci Park CPAM-13-003; MDA-13-021; RZ-13-016; PP-13-036 PAGE
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EXHIBIT A
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.
4.7 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 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.
5. REPUBLIC SERVICES
5.1 Republic Services has no comments related to this application.
6. PARKS DEPARTMENT
6.1 The applicant shall comply with UDC 11-3B-1 OC in regard to preservation of existing trees on the site
during construction. Mitigation is required in accord with UDC 11-3B-1 OC.S if existing trees, 4-inch caliper
or greater are removed from the site with replacement of the total calipers lost on site up to an amount of
100% replacement.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 Replace any deteriorated or deficient sidewalk, curb, gutter or pedestrian facilities along McMillan Road
abutting the site, consistent with District Minor Improvements Policy 7203.3.
7.1.2 Replace any deteriorated or deficient sidewalk, curb, gutter or pedestrian facilities along Locust Grove
Road abutting the site, consistent with District Minor Improvements Policy 7203.3.
7.1.3 Construct the internal local streets as 36-foot street sections (back of curb to back of curb) with curb,
gutter, and 5-foot wide attached concrete sidewalks, within 50-feet ofright-of--way.
7.1.4 Close the existing driveway onto McMillan Road with curb, gutter, and sidewalk to match existing
conditions.
7.1.5 Extend and construct Bright Angel Avenue into the site as 36-foot street section (back of curb to back of
curb) with curb, gutter, and 5-foot wide attached concrete sidewalk, within 50-feet ofright-of--way;
terminating in a cul-de-sac with a 50-foot radius approximately 235-feet north of Territory Drive.
7.1.6 Construct 1 stub street, Territory Drive, 130-feet to the west property line (measured centerline to
centerline). Territory Drive is located between Block 1, Lot 12 and Block 2, Lots 1 & 2. Install signage
at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE."
7.1.7 Close the existing driveway with curb, gutter, and sidewalk; and construct a 20-foot wide right-out only
driveway onto Locust Grove Road, located approximately 315-feet south of McMillan Road from the
site (measured centerline to centerline).
7.1.8 Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement and install
pavement tapers in accordance with District Policy 7205.4.8.
7.1.9 Payment of impacts fees are due prior to issuance of a building permit.
7.1.10 Direct lot access to McMillan Road and Locust Grove Road is prohibited and shall be noted on the final
plat.
7.1.11 Comply with all Standard Conditions of Approval.
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EXHIBIT A
7.2 Standard Conditions of Approval
7.2.1 All irrigation facilities shall be relocated outside of the ACHD right-of--way.
7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the
ACHD 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
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 ACHD 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 ACHD 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 ACHD right-of--way. The applicant shall contact ACHD 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 ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable ACHD
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 ACHD 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 ACHD. The burden shall be upon the applicant to obtain written confirmation of
any change from ACHD.
7.2.12 If the site plan or use should change in the future, ACHD 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 ACHD 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 ACHD
Commission.
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EXHIBIT A
C. 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 City Council finds that the proposed changes to the Future Land Use Map are consistent
with elements of the Comprehensive Plan as detailed in Section VII above.
b. The proposed amendment provides an improved guide to future growth and
development of the city.
The City Council finds that the proposal to modify the Future Land Use Map to allow for
medium density residential and neighborhood commercial uses on this site will be
compatible with existing and future commercial and residential uses in the nearby vicinity.
c. The proposed amendment is internally consistent with the Goals, Objectives and
Policies of the Comprehensive Plan.
The City 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 City Council finds that the proposed amendment is consistent with the Unified
Development Code.
e. The amendment will be compatible with existing and planned surrounding land uses.
The City Council finds the proposed amendment will be compatible with the surrounding
existing and future residential and commercial uses.
f. The proposed amendment will not burden existing and planned service capabilities.
The City Council finds that the proposed amendment would not burden existing and planned
service capabilities in this area of the city. Sewer and water services are available to be
extended to this site.
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 City Council finds the proposed mixed use development of this property is consistent
with 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 VIII and the subject findings above, the City
Council finds that the proposed amendment is in the best interest of the City.
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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 a rezone, the
Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Applicant is proposing to rezone the subject property to the R-8 and C-N zoning districts.
The City Council finds that the proposed map amendment (zoning) is generally consistent
with the proposed MDR and MU-N future land use map designations requested for this site.
Therefore, the City Council finds the amendment is consistent with the applicable provisions
of the Comprehensive Plan (see section VII above).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds that the proposed map amendment to the R-8 and C-N zoning districts
and proposed mixed use development is generally consistent with the purpose statements of
the residential and commercial districts in that it will contribute to the range of housing
opportunities available within the City as well as provide nearby services for those residents.
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. City utilities will be extended at the expense of the applicant.
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 (as applicable) is in the best of interest of the City (UDC 11-5B-3.E).
Because the subject request is for a rezone, the City Council finds this finding is not
applicable.
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 City Council finds that the proposed plat is in substantial compliance with the
adopted and proposed 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.
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 upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.)
the City Council determined 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 is not aware of any health, safety, or environmental problems
associated with the platting of this property that would be detrimental to the public
health, safety or welfare. ACRD considers road safety issues in their analysis.