Solterra - CPAM-13-002 RZ-13-015 PP-13-037CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
~E IDIZ IAN,~-
~J
In the Matter of the Request for Comprehensive Plan Map Amendment from Office to Mixed-use
Regional; Rezone from the L-O Zoning District to the R-15, L-O and C-G Zoning Districts AND
Preliminary Plat Consisting of Ninety-four (94) Residential Lots and Eleven (11) Common Lots on
21.51 Acres of Land;, Located on the Northeast Corner of E. Fairview Avenue and N. Hickory
Way, by Conger Management Group.
Case No(s). CPAM-13-002; RZ-13-015 and PP-13-037
For the City Council Hearing Date of: February 11, 2014 (Findings on February 11, 2014)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of February 11, 2014, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of February 11, 2014, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of February 11,
2014, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of February 11, 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.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CPAM-13-002; RZ-13-015 and PP-13-037
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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 February 11, 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 comprehensive plan map amendment, rezone and preliminary plat
for Solterra Subdivision is hereby approved per the conditions of approval in the attached staff
report for the hearing date of February 11, 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 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).
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CPAM-13-002; RZ-13-015 and PP-13-037
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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 February 11, 2014
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CPAM-13-002; RZ-13-015 and PP-13-037
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i
By action of the City Council at its regular meeting held on the ___~_~~ day of ~~
2014. ~'
COUNCIL PRESIDENT CHARLIE ROUNTREE
COUNCIL VICE PRESIDENT KEITH BIRD
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER LUKE CAVENER
COUNCIL MEMBER GENESIS MILAM
MAYOR TAMMY de WEERD
(TIE BREAKER)
P ~„ 1~Iay~~~my de Weerd
Attest: ~ ``
Cary of
\,`_N ee O
aycee lman, City Clerk °-, '' =r~L ,,`y
y~.~ / .
~ ~a
Elie T2f a5:~C.
VOTED '~
VOTED
VOTED
V OTE D__ ~/~,~
VOTED (/(,~ ~
VOTED__~~
VOTED ~~
Copy served upon Applicant, The Planning Department, P~iblic Works Department and City Attorney.
BY~ ~ `~'~ ~ ~ ~ Dated: o~ - j
City C rk's~0 fice
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CPAM-13-002; RZ-13-O15 and PP-13-037
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EXHIBIT A
STAFF REPORT
HEARING DATE:
TO:
FROM:
February 11, 2014
(Continued from January 21, 2014)
Mayor and City Council
E IDIAN~--
It3AHC!
SUBJECT:
Bill Parsons, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
Solterra -CPAM-13-002; RZ-13-015 and PP-13-037
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Conger Management Group, has applied for the following:
1) a comprehensive plan map amendment (CPAM) to change the land use designation on
approximately 22.61 acres of land from Office to Mixed use-Regional (MU-R);
2) a rezone (RZ) of 22.61 acres from the L-O (Limited Office) zoning district to the C-G (General
Retail and Service) (2.39 acres), L-O (Limited Office) (9.04 acres) and R-15 (Medium High-
density Residential) (11.18 acres) zoning districts and;
3) a preliminary plat (PP) consisting of three (3) commercial building lots, one (1) church lot,
ninety-four (94) residential lots and eleven (11) common/other lots on approximately 21.51 acres
of land in a proposed C-G, L-O and R-15 zoning districts.
See Section VII, VIII & IXfor more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed CPAM, RZ and PP applications with the conditions of
approval in Exhibit B based on the Findings of Fact and Conclusions of Law in Exhibit C. The
Meridian Planning and Zoning Commission heard these items on December 19, 2013. At the
public hearing, the Commission voted to recommend approval of the subject CPAM, RZ and
PP requests.
a. Summary of Commission Public Hearing:
i. In favor: Jim Confer, Deanna Smith and Tessa Wingfield (Neutral)
ii. In opposition: Susan Kissee
iii. Commenting: None
iv. Written testimonv: Pastor Ken Wilde of Capital Christian Center, submitted written
testimonv in support of the proiect.Thirty-eight (38) residents from the Dove Meadows
and the Packard Estates Subdivisions submitted a petition in opposition of the project.
Kleiner Trust submitted written testimony in opposition.
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: None
b. Kev Issue(s) of Discussion by Commission:
i. Transitional lot sizes along the north boundary.
c. Kev Commission Change(s) to Staff Recommendation:
i. None
d. Outstanding Issue(s) for City Council:
i. None
Solterra-CPAM, RZ & PP PAGE 1
EXHIBIT A
~, City Council Public Hearin:
L In favor: Jim Comer and Deanna Smith
11. In onnosition: None
111. Commenting~yan Winfield ~n , ral~,$yan Head and David McDonald
lY. Written testimony: Christy Little
y, Staff nresentin~ annlication: Bill Parsons
y1. Other staff commenting on annlication: Bill Narv and Caleb Hood
12.. Key Issues of Discussion by Council:
~ Continuing the nroject until A('HD Commission takes action on the annlication.
ji: Coordination with the adjacent neighbors on the design of the nroject.
jji< Transitional lots sizes and the anticinated rear setbacks of the homes along the north
- ~
1L' ousin~ mix nronosed for the development
~, Key Council Changes to Staff/Commission Recommendation
i ~~
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers CPAM-
13-002; RZ-13-015 and PP-13-037 as presented for the hearing date of February 11, 2014, with the
following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers CPAM-13-
002; RZ-13-015 and PP-13-037, as presented in the staff report for the hearing date of Februaryl 1,
2014, for the following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Numbers CPAM-13-002; RZ-13-015 and PP-13-037 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 on the northeast corner of E. Fairview Avenue and N. Hickory
Way, in the SE'/a of Section O5, Township 3 North, Range 1 East. (Parcel #S110543815)
B. Applicant:
Conger Management Group
1627 S. Orchard Street, Suite #24
Boise, Idaho 83705
C. Owner:
Capital Christian Center
2760 E. Fairview Avenue
Meridian, ID 83642
Solterra-CPAM, RZ & PP PAGE 2
EXHIBIT A
D. Representative:
Laren Bailey, LEI Engineers and Surveyors
3023 E. Copper Point Drive
Meridian, Idaho 83642
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 and preliminary
plat. A public hearing is required before the Planning and 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); January 3 and
17, 2014 (Council)
C. Radius notices mailed to properties within 300 feet on: November 22, 2013 (Commission);
January 10, 2014 (Council)
D. Applicant posted notice on site by: December 9, 2013 (Commission); January 11, 2014
Council
VI. LAND USE
A. Existing Land Use(s): The property is currently developed with an existing 40,000 square foot
church, zoned L-O.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Residential subdivision, zoned R-4
South: Commercial property, zoned I-L
East: Vacant commercial property, zoned C-G
West: Vacant and developed commercial property and residential subdivision, zoned C-G, L-O
and R-8
C. History of Previous Actions: In 1992, the church property annexed (ordinance #581) into the City
with an L-O (Limited Office) zoning district.
• In 1999, a conditional use permit (CUP-99-019) was approved to allow a private school to be
constructed and operated on the site but the school was never built.
• In 2002, a certificate of zoning compliance (CZC-02-014) was approved fora 23,296 square
foot expansion of the existing church.
• In 2012, a conditional use permit (CUP-12-003) application was submitted to allow the
construction of a wireless communication facility on the property but the application was
withdrawn before the Commission hearing.
D. Utilities:
1. Location of sewer: The sanitary sewer main intended to provide service to this development
is existing in N. Hickory Way.
2. Location of water: Domestic water mains to provide service to this development are existing
to the N. Hickory Way, and northwesterly of the existing Capital Christian Church.
3. Issues or concerns: Domestic water services must be extended through this development
from both locations mentioned above, and also extended to the east boundary of the
development in Clarene Drive.
Solterra - CPAM, RZ & PP PAGE 3
EXHIBIT A
E. Physical Features:
1. Canals/Ditches Irrigation: No major facilities exist on this property
2. Hazards: NA
3. Flood Plain: This property is not within the flood plain.
VII. COMPREHENSIVE PLAN ANALYSIS
CITY OF MERIDIAN COMPREHENSIVE PLAN POLICIES AND GOALS:
Existing:
This property is designated Office on the Comprehensive Plan Future Land Use Map (FLUM). Office
designations are meant to provide opportunities for low-impact business areas. Sample uses include
office, technology and resource centers and ancillary commercial uses if part of a larger business park
area. The site is developed with a church which is a low impact use consistent with the existing office
FLUM designation.
Proposed:
The applicant proposes to change the FLUM designation from Office to Mixed-use Regional (MU-
R). The purpose of this designation is to provide a mix of employment, retail and residential
dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses
together, including residential to avoid predominantly single use developments. Featured elements of
a mixed use development should include the following:
• Residential densities at a minimum of 6 dwelling units to the acre;
• Where feasible higher density along SH 55 to serve employment destination centers;
• A conceptual site plan;
• Provide community serving facilities such as churches;
• Provide some form of common, usable area, such as a plaza or green space;
• Landscape buffering between commercial and existing low or medium density residential;
• Three different types of land uses and;
• Be accessible to neighborhoods by both vehicles and pedestrians.
The applicant is proposing to development the property with a mix of commercial and residential uses
to complement the existing church. In reviewing the proposed development, staff believes the
development incorporates many of the aforementioned design concepts. The proposed development
will include a mix of single family residential (north half), the church (central) and commercial uses
(south) along Fairview Avenue; the proposed density of the residential development is 8.43 dwelling
units to the acre which not only provides additional housing choices in the area but also provides
higher density to support the existing and future commercial activity in the area. The proposed
residential use also provides a transition between the church and the commercial development (south
and east) and the existing residential developments along the west and north boundary and;
interconnectivity will be provided between the development through internal pedestrian connections,
cross access and a local street network. The addition of the pathway and the local street network will
also provide pedestrian and vehicular connectivity to the commercial property to the east.
In general, Staff finds the proposed development complies with many of the mixed use elements,
enhances both vehicular and pedestrian connectivity and contributes to the overall housing mix in the
area as envisioned by the Comprehensive Plan.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
Solterra - CPAM, RZ & PP PAGE 4
EXHIBIT A
1. "Require all commercial development and industrial businesses to install and maintain
landscaping." (2.07.03B)
A 25 foot wide landscape buffer is required adjacent to E. Fairview Avenue and a 20 foot
landscape buffer is required adjacent to N. Hickory Way in accord with UDC 11-3B-7C.These
buffers currently exist adjacent to each roadway.
2. "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)
The existing church is connected to City services. With the development of the commercial and
residential development, City services must be provided in accord with UDC 11-3A-21.
3. "Encourage infill development in vacant/undeveloped areas within the City over fringe area
development to halt the outward progression of urban development." (5.01.02B)
The proposed development is an infill project consistent with this objective.
4. "Review new development for appropriate opportunities to connect local roads and collectors to
adjacent properties." (3.03.020)
The church property is adjacent to N. Hickory Way, designated a collector street. The residential
portion of the development will be converting an existing driveway into a public street connection
to serve the proposed residential development and provide a local street connection to the church
parking lot and the adjacent commercial property to the east.
The commercial portion of the development will also utilize an existing driveway to N. Hickory
Way. Through a reciprocal cross access easement, the church lot, the three commercial lots and
the commercial development to the east will use this access. Direct lot access to Fairview Avenue
is not proposed or approved with the subject application.
5. "Designate land for a variety of uses." (3.OS.O1H)
The church property is adjacent to large tracts of commercial development. To support the
amount of employment, commercial and office activity in the area, the applicant is proposing a
housing element to support the demand created with the non-residential activity. Given the
amount of commercially zoned property in the area, staff believes the likelihood of this property
developing with office uses is minimal.
6. "Support a variety of residential categories (low-, medium-, medium-high and high-density
single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the
purpose of providing the City with a range of affordable housing opportunities." (3.07.01 E)
The surrounding area is developed with a mix of single family and multi family developments.
The applicant is proposing to develop medium density single family development consistent with
this goal. Additionally, the residential portion of the development will incorporate a mix of single
family detached and single family attached homes with the proposed development.
7. "Provide housing options close to employment and shopping centers." (3.07.02D)
The proposed development will provide housing opportunities in close proximity to the Village at
Meridian, Crossroads, Scentsy and Blue Cross Campuses etc.
8. "Require new residential development to meet development standards regarding landscaping,
signage, fences and walls, etc." (3.05.0X)
Street buffer landscaping is required adjacent to E. Fairview Avenue and N. Hickory Way in
accord with the standards listed in UDC 11-3B-7C as shown on the landscape plan. Separate
Soltena - CPAM, RZ & PP PAGE 5
EXHIBIT A
permits shall be obtained for signage and fencing in compliance with the standards listed in UDC
11-3D-5 and 11-3A-7 respectively.
9. "Protect existing residential properties from incompatible land use development on adjacent
parcels." (3.06.O1F)
The proposed development will be adjacent to existing residential developments on the west and
north boundaries. The applicant is proposing smaller lots against these boundaries but the
proposed houses will be single family detached. On the west boundary is the primary open space
for the residential portion of the development. Since the proposed development is transitioning
from residential to office (church) to more commercial uses on the south and east, stafffinds the
applicant's proposal provides an adequate transition between the existing residences and the
proposed land uses.
10. "Require common area in all subdivisions." (3.07.02F)
The applicant is required to provide a minimum of 10% qualified open space with the
development of the proposed plat as set forth in UDC I1-3G-3. The submitted open space exhibit
depicts 10.8% (or 1.21 acres) of qualified open space which is in compliance with the common
open space requirements of the UDC.
11. "Require street connections between subdivisions at regular intervals to enhance connectivity and
better traffic flow." (3.03.03C)
As mentioned earlier, the applicant will be required to construct a local street network and
provide cross access between the commercial lots. Staff is also requiring the applicant grant
cross access to the commercial property on the east. The proposed connectivity will likely
connect with the transportation network that will be required with the development of the
commercial property to the east.
12. "Provide a walkable community through good design." (2.O1.OlA)
See analysis in the bullet point below.
13. "Require pedestrian access connectors in all new development to link subdivisions together to
promote neighborhood connectivity as part of a community pathway system." (3.03.03B)
The applicant will be required to construct sidewalks with the development of the subdivision. A
micropath connection is also being provided to the church property for interconnectivity.
The City's Master Pathways plan requires a 10 foot wide pathway along E. Fairview Avenue.
This segment of pathway will tie into the pathway system required with the development of the
commercial property to the east.
14. "Require screening and buffering of commercial and industrial properties to residential use with
transitional zoning." (3.06.O1G).
The existing church will remain as part of this development. The residential portion of the
development will buffer the existing residences along the north and west boundary from the
church and the proposed commercial development along Fairview Avenue.
Typically, the UDC requires a 20 foot wide landscape buffer between the church use and the
residential use. The applicant is seeking a Council waiver to reduce the landscape buffer width to
6 feet along the north boundary of the church lot. Since this is an infill project and the church
pre-dates the residential development, staff is supportive of a reduced buffer width.
15. "Reduce the number of existing access points onto arterial streets by using methods such as cross
access agreements, access management and frontage/backage roads." (3.03.02N)
Solterra- CPAM, RZ & PP PAGE 6
EXHIBIT A
See analysis below.
16. "Work with transportation agencies and private property owners to preserve transportation
corridors, future transit routes and infrastructure, road and highway extensions and to facilitate
access management planning." (3.OlO1J)
The City, ACHD and property owners are coordinating on an access management plan for the
Fairview Avenue corridor. Once adopted, this plan will be used as a guide for evaluating future
access points to Fairview Avenue. With the development of the commercial property on the east
boundary, the developer of the property is required to construct a backage road (private or
public per the recorded DA). For this reason, the applicant is providing a stub street with the
residential portion of the development. Further, staff is recommending that the applicant provide
cross access to the property to east to provide additional connectivity in the area. Staff believes
the cross access and the proposed stub street aligns with the future goals of the Fairview access
management plan.
Based on the above analysis, staff is supportive of the proposed development as it is generally
consistent with the comprehensive plan.
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 proposed development complies with
many of the design elements of a mixed use designation contained in the Comprehensive Plan and
the subdivision design standards set forth in UDC 11-6C-3. The applicant will also be responsible
for constructing all infrastructure improvements to support the proposed development. Future
development of the single family attached homes, the church property and the commercial
properties requires certificate of zoning compliance and administrative design review approval
and compliance with the City's design standards set forth in the UDC and the design guidelines
set forth 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. The property is currently annexed into the City and will continue receiving City
services.
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. Stafffinds this area is appropriate for residential to support the amount of
employment, commercial and industrial activity in the area. The residential portion of the
development will incorporate a mix of single family detached and attached homes which will
provide additional housing options to meet the demographics of the City.
Solterra - CPAM, RZ & PP PAGE 7
EXHIBIT A
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 office. Since the property is
surrounded by undeveloped and developed commercial and industrial uses that also support
office uses, staff is of the opinion the property is better situated for a mixed use development.
e. Public Services, Facilities, and Utilities
The property is currently annexed into the City and will continue receiving City services.
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. The proposed development is in close proximity to
River Valley Elementary School.
g. Transportation
The purpose of this element is to promote an efficient and safe transportation system within the
City. The property is located in an area that has an established roadway network to adequately
serve the proposed development. As mentioned earlier, both vehicular and pedestrian
connections are being proposed that serves the proposed development and facilitates the logical
extension of the transportation system with the development of the commercial property to the
east.
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. The applicant is proposing to construct a 10 foot wide pathway along E.
Fairview Avenue consistent with the City's Master Pathways Plan.
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
Solterra - CPAM, RZ & PP PAGE 8
EXHIBIT A
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 mixed-use development is consistent with the proposed MU-R
designation for this site.
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 and
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. The current property owner has consented to the application submittal.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone(s):
GENERAL RETAIL, AND SERVICE and LIMITED OFFICE DISTRICTS (C-G and L-O) -The
purpose of the Commercial Districts is to provide for the retail and service needs of the
community in accord with the Meridian Comprehensive Plan. Six Districts are designated which
differ in the size and scale of commercial structures accommodated in the district, the scale and
mix of allowed commercial uses, and the location of the district in proximity to streets and
highways.
MEDIUM HIGH-DENSITY RESIDENTIAL DISTRICT (R-15) -The purpose of the residential
districts is to provide for a range of housing opportunities consistent with the Meridian
Comprehensive Plan. Residential districts are distinguished by the allowable density of dwelling
units per acre and corresponding housing types that can be accommodated within the density
range.
B. Schedule of Use: Table 11-2B-21ists the principal permitted (P), accessory (A), conditional (C),
and prohibited (-) uses in the C-G and L-O zoning districts. Table 11-2A-21ists the principal
permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-15 zoning district.
Any use not explicitly listed, or listed as a prohibited use is prohibited.
C. Dimensional Standards: Development of the site shall comply with the dimensional standards
listed in UDC 11-2B-3 and UDC 11-2A-7 for the C-G, L-O and R-15 zoning districts.
D. Landscaping:
• Street buffer landscaping shall be installed in accordance with the standards listed in UDC
Tablel 1-2B-3 and UDC 11-3B-7C for the C-G and L-O zoning districts.
• Parking lot landscaping: All parking lot landscaping shall comply with the standards listed in
UDC 11-3B-8C.
Solterra- CPAM, RZ & PP PAGE 9
EXHIBIT A
• Landscape buffers to residential uses shall comply with the standards listed in UDC Table 11-
2B-3 and UDC 11-3B-9C. The applicant is requesting the Council's approval to modify the
20 foot landscape buffer between the church lot (north boundary) and the proposed
residential development.
• The proposed micropath and the 10-foot pathway adjacent to E. Fairview Avenue shall
comply with the design standards in accord with UDC 11-3A-8 and UDC 11-3B-12.
• The open space and site amenity standards set forth in UDC 11-3G-3 apply to the
development of this property.
E. Subdivision Design and Improvement Standards: The subdivision must comply with the
subdivision design standards outlined in UDC 11-6C-3.
F. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single-
family dwellings and UDC 11-3C-6B for the existing church and proposed commercial lots.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
COMPREHENSIVE PLAN MAP AMENDMENT (CPAM) AND REZONE (RZ): The applicant
proposes to amend the future land use map (FLUM) contained in the Comprehensive Plan to
change the land use designation on approximately 22.61 acres of land from Office to Mixed-use
Regional (MU-R) to construct a mixed use development consisting of single family residential, an
existing church and commercial uses.
In conjunction with the proposed CPAM, the applicant is proposing to rezone the property from
the L-O zoning district to the C-G, L-O and R-15 zoning districts to coincide with the proposed
preliminary plat. The requested mixed use designation and rezone would support the existing
church use and the proposed residential and commercial uses (see Exhibit A.2). The proposed
zoning is consistent with the proposed FLUM designation of MU-R.
Staff has received written testimony from the adjacent neighbors. The primary concerns raised
with the proposed development are the proposed density, impact on the existing transportation
system, heights of the homes and the lot sizes adjacent to the existing Dove Meadow and Packard
Estates Subdivisions. To ensure the site develops consistent with the Comprehensive Plan, the
preliminary plat, and conceptual building elevations, staff recommends a DA as a provision of the
rezone (see Exhibit B).
PRELIMINARY PLAT (PP): The proposed preliminary plat consists of three (3) commercial lots,
one (1) church lot and ninety-four (94) residential lots and eleven (11) common lots/other lots on
approximately 21.51 acres of land in a proposed C-G, L-O and R-15 zoning districts.
The three (3) commercial lots range in size between 24,608 square feet and 29,392 square feet.
The church lot which houses the existing 40,000 square foot church is 8.49 acres. The minimum
proposed lot size for the residential portion of the development is 3,200 square feet with an
average lot size of 3,604 square feet. The gross density of the residential portion of the
development is 8.43 dwelling units to the acre which is under the maximum density requirement
of 15 dwelling units to the acre in the R-15 zone.
At this time, one of the commercial lots (Lot 37, Block 4) along E. Fairview Avenue is proposed
to develop with a retail building that installs ADA accessories to vehicles. One of the proposed
lots (Lot 38, Block 4) is currently developed with a portion of the churches parking area. In the
interim, this lot is to remain a parking lot to serve the future commercial building. The church
will remain on the limited office lot, and the residential portion of the development is proposed to
Solterra-CPAM, RZ & PP PAGE 10
EXHIBIT A
consist of single family detached and attached homes. Because multiple parties are interested in
the churches surplus property, the entire subdivision is proposed to subdivide in a single phase.
Dimensional Standards: Staff has reviewed the proposed plat for compliance with the applicable
standards listed in UDC Table 11-2A-7 and UDC 11-2B-3 for the R-15, L-O and C-G zoning
districts. Since the C-G and L-O lots are not required to meet a minimum lot size, the proposed
commercial lots meet the dimensional standards of the zones. Per UDC Table 11-2B-3, a 25-foot
wide landscape buffer is required adjacent to E. Fairview Avenue, a 20-foot wide landscape
buffer is required along N. Hickory Way and a 10-foot wide landscape buffer is required adjacent
to E. Solterra Way and a 20-foot wide landscape buffer is required along the north boundary of
the church lot. The applicant is seeking a Council waiver to reduce this buffer from the required
20 feet to 6 feet (see the landscape section below for further analysis).
The residential lots must comply with the dimensional standards set forth in UDC Table 11-2A-7.
The R-15 zone requires a minimum lot size of 2,400 square feet with no street frontage
requirement. As mentioned above, the applicant is proposing lot dimensions that exceed the
minimums of the R-15 district. Therefore, all of the proposed lots comply with the dimensional
standards of the UDC.
In the northwest and southeast corners of the residential portion of the development, the applicant
is proposing several lots take access from common driveways platted as common lots. In the
northwest corner of the development six (6) lots are proposed to take access from the common
drive. Currently, the UDC requires the common drive to be platted as an easement rather than a
common lot and restricts the number of lots to four (4) taking access from a common drive.
Note: Council is taking action on a UDC text amendment which may allow six (6) homes to
take access from a common drive and may allow the common driveways to be placed in a
common lot. If the UDC text amendment is approved prior to submittal of the final plat
application, the applicant must comply with the common drive requirements in effect at the
time of final plat submittal.
Access: Currently, the property has three (3) approved driveway accesses to N. Hickory Way.
The central access will continue to serve as an access to the churches western parking lot. The
northern access will be converted to a public street which will provide local street access to the
church, the residential portion of the development and a public street connection to the
commercial property to the east. The southern access point will serve as the reciprocal cross
access driveway between the church, the proposed commercial lots and the commercial property
to the east (see Exhibit A.4).
Staff is supportive of the circuitous route proposed for cross access however; the design of the
existing parking would allow vehicles to back up into the main drive aisle. Although this is not
concern at this time, this could be an issue when the commercial property to east develops. When
future development is proposed for Lot 38, Block 4 or any future expansions occur on the church
lot (Lots 35, Block 4), Staff encourages the owners redesign these areas of the parking lot to
ensure the safe movement of traffic through the commercial drive aisle.
With the submittal of the final plat application, the applicant should add a note on the face of the
plat or record a separate document and reference the recorded document number on the face of
the plat that identifies a cross access agreement between the church lot and the three commercial
lots (Lots 35-38, Block 4) and the commercial property to the east (Parcel #S1105449105).
Landscaping: A landscape plan was submitted with this application as shown in Exhibit A.3.
The landscape plan depicts the required 25-foot wide landscape buffer adjacent to E. Fairview
Avenue, the 20-foot wide landscape buffer adjacent to N. Hickory Way and the 10-foot buffer
adjacent to east boundary of Solterra Way. The street buffer landscaping complies with the
Solterra - CPAM, RZ & PP PAGE 11
EXHIBIT A
standards in accord with UDC 11-3B-7C. Note: The landscape buffers along E. Fairview Avenue
and N. Hickory Way were installed with the development of the church and must remain
protected during construction on the site.
In addition, the UDC requires a 20-foot wide landscape buffer between church lot and the
proposed residential uses. The submitted landscape plan does not comply with the required buffer
width along the north boundary of the church lot. The applicant is seeking Council's approval to
reduce the landscape buffer width to 6 feet. Since the reduced buffer is adjacent to the existing
parking area of the church, staff recommends the applicant provide a 7-foot wide landscape
buffer to comply with the parking lot landscape requirements set forth in UDC 11-3B-8C.
Further, the applicant should coordinate with church on the pedestrian connection through
the parking lot. The micropath proposed to the church is meant to serve as secondary
emergency access to the residential portion of the development. The parking stalls south of
the micropath should be striped to prohibit parking in this area. If the applicant prohibits
parking in front of the micropath and provides a 7-foot landscape buffer along the north
boundary of the church lot, staff is supportive of the proposed buffer reduction. The
landscape buffer is required to be installed in accord with UDC 11-3B-9C.
Existing Trees: The submitted landscape plan notes existing trees on the plan proposed for
removal. The applicant is responsible to mitigate all existing healthy trees 4-inch caliper or
greater that are removed from the site with equal replacement of the total calipers lost on site up
to an amount of 100% replacement in accord with UDC 11-3B-10. With the submittal of the
final plat, the applicant must submit a revised landscape plan that details the mitigation
plan outlined by the developer and the City Arborist.
Open Space and Amenities: A minimum of 10% of the total residential land area of the site is
required to be provided for open space in accord with UDC 11-3G-3A; the requirements for
qualified open space is defined in UDC 11-3G-3B. The residential portion of the plat consists of
approximately 11.15 acres; therefore, a minimum of 1.11 acres of qualified open space is required
to be provided. The qualifying open space for the residential portion totals approximately 1.21
acres (or 10.8%) which exceeds the 10 percent required by the UDC. The qualifying open space
for the residential portion of the development consists of 8-foot wide parkways, a micropath lot
and a 0.97 acre linear open space along the west boundary.
In accord with UDC 11-3G-3A.2, a minimum of one (1) site amenity consisting of the following:
quality of life, recreation, and pedestrian or bicycle circulation system amenities are required to
be provided with this development in accord with UDC 11-3G-3C. The applicant is proposing a
tot lot area consisting of a swing set and children's play structure and a micropath to the church
property. The applicant has provided a detail of the proposed play structure but no details were
provided on the swing set. With the final plat submittal, the applicant must provide a detail of the
proposed swing set.
Staff finds the proposed subdivision complies with the open space and site amenity standards of
the UDC.
Multi-Use Pathway: Amulti-use pathway is designated on the Master Pathways Plan for this
site. The applicant is proposing to construct a 10-foot wide pathway adjacent to E. Fairview
Avenue in accord with the City of Meridian Masters Pathway Plan. This pathway must be
constructed in accord with UDC 11-3A-8. If the proposed pathway is located outside of ACHD
right-of--way, the applicant will be responsible for obtaining City's approval for a pedestrian
easement prior to City Engineer's signature on the final plat.
Fencing: The applicant is proposing 4-foot wrought iron fencing to enclose the play area located
within Lot 1, Block 1 from the adjacent street; other fencing details are not provided on the
Solterra- CPAM, RZ & PP PAGE 12
EXHIBIT A
landscape plan. To ensure cohesive fencing is constructed with the proposed subdivision, the
applicant should submit a detail fencing plan with the final plat application. If permanent fencing
is not provided before issuance of a building permit, temporary construction fencing to contain
debris must be installed around the perimeter. Perimeter and common open space fencing must be
designed in accord with UDC 11-3A-7.
Waterways: As per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural
waterways and waterways being used as amenities, which intersect, cross or lie within the area
being subdivided shall be covered.
Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be
supplied by a year-round source of water. The applicant should be required to utilize any existing
surface or well water for the primary source. If a surface or well source is not available, asingle-
point connection to the culinary water system shall be required. If a single-point connection is
utilized, the developer will be responsible for the payment of assessments for the common areas
prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation
system should be installed to all landscape areas per the approved specifications and in
accordance with UDC 11-3A-15 and MCC 9-1-28.
Sidewalk: Five-foot wide attached sidewalks are along all of the internal streets in accord with
UDC 11-3A-17. In reviewing the submitted plat, the applicant has not provided the required
sidewalk along the west side of Solterra Way. With the construction of the street, the applicant
must construct the sidewalk.
Building Elevations: The applicant has submitted sample elevations to depict the style of homes
and the single commercial building proposed for the subdivision. The proposed homes depict a
mix of building materials (lap siding, cedar shake siding, and board and batten siding), decorative
trim, decorative corbels and stone wainscot. The design features staff supports is the substantial
pillars, covered porches and mix of gable and hip roofs and a mix of building materials. Staff is of
the opinion the future homes will complement the existing homes in the area and demonstrate
high quality materials.
The single commercial elevation incorporates a glass storefront, block wainscot, variations in roof
form, decorative covered entries, and modulation in the wall planes. However, specifics'
regarding the primary building materials is not provided on the submitted plan. Any structures
constructed on the commercial lots must comply with the design standards set forth in UDC 11-
3A-19. Arecommended DA provision requires compliance with the submitted building
elevations.
Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC and DES
application is required to be submitted prior to issuance of building permits for the single family
attached homes, any expansion of the existing church and development of the commercial lots.
The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines
contained in the Meridian Design Manual.
Summary: In summary, staff finds the proposed project complies with the applicable policies of
the Comprehensive plan and is conditioned to comply with the applicable development standards
in the UDC. Based on the aforementioned analysis, staff recommends approval of the subject
application.
X. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Existing & Proposed Future Land Use Map
Solterra - CPAM, RZ & PP PAGE 13
EXHIBIT A
3. Legal Description & Exhibit Map of Rezone Area
4. Proposed Preliminary Plat and Cross Access Exhibit (dated: 11/07/13)
5. Open Space Exhibit, Proposed Landscape Plan and Amenity Detail (dated: 11/06/13)
6. Proposed Building Elevations
B. Conditions of Approval
C. Required Findings from Unified Development Code
Solterra- CPAM, RZ & PP PAGE 14
EXHIBIT A
Exhibit A.1: Vicinity Map
Solterra-CPAM, R7_. & PP PAGE 15
EXHIBIT A
Exhibit A.2: Existing & Proposed Future Land Use Map
Solterra- CPAM, R7. & PP PAGE 16
EXHIBIT A
Exhibit A.3: Legal Description & Exhibit Map of Rezone Area
LEGAL UI=SCRIPTiON FOR
2ONE C-G
A parcel of land located in the Southwest 114 of the Southeast 1/4 of Section 5, Township 3
North, Range 1 East, Boise Meridian, Ada County, Idaho. Being further described as follows:
BASIS OF BEARINGS:
The South line of the Southeast 1/4 of Section 5, Township 3 North, Range 1 East, Boise
Meridian, derived from found monuments and taken as North 89°48'53" West with the distance
between monuments found to be 2643.98 feet.
COMMENCING at the South 1!4 comer of Section 6, Township 3 North, Range 1 East, Boise
Meridian; thence along the South line of the Southwest 1/4 of the Southeast 1/4 of said Section
6, South 89°48'63" East a distance of 909.17 feet to the centerline of North Hickory Way also
being the POINT OF BEGINNING;
thence ~aving said South line, and along said centerline, North 00°24'45" East a distance of
77.86 feet;
thence continuing along said centerline along a curve to the left with a radius of 180.00 feet and
a central angle of 26°04'65" an arc length of 81.94 feet with a chord bearing of North 12°37'43"
West, and a chord distance of 81.23 feet;
thence leaving said centerNne, North 72°55'47" East a distance of 71.79 feet;
thence slang a curve to the right with a radius of 140.00 feat and a central angle of 17.04'13"
an ara length of 41.71 feet with a chord bearing of North 81 °27`64" East, and a chord distance
of 41.58 feet;
thence North 90°00'00" East a distance of 87.47 feet;
thence along a curve to the left with a radius of 60.00 feet and a central angle of 89°05'55" an
arc length of 77.75 feet with a chord bearing of North 46°2T03" East, and a chord distance of
70.15 feet;
thence North 00.54'05" East a distance of 53.75 feat;
thence along a curve to the right with a radius of 50.00 feet and a central angle of 89°31'14" an
arc length of 78.12 feet with a chord bearing of Worth 45°39'42" East, and a chord distance of
70.41 feat;
thence South 89°34'41" East a distance of 134.76 feet to the East line of said Southwest 1/4 of
the Southeast 1/4;
thence along said East one, South 00°31'07" West a distance of 335.89 feet to the Southeast
corner of said Southwest 1/4 of the Southeast 1/4;
thence along said South line, North 89°48'53" West a distance of 412.90 feet to the
POINT OF BEGINNING.
Said paroel containing 104,245 square feet or 2.39 acres, more or less.
RusseN E. Badgley, P.L.S. 12458
Tkrtbedine Survey~g
847 Park Cenlre Way, Suite 3 1 !~ ~
Nampa, Idaho 83651
(208) 465-5687 ~ d'~ l ~~1
Solterra - CPAM, RZ & PP PAGE 17
EXHIBIT A
LEGAL. DESCRIPTION FOR
ZONE R-1S
A parcel of land located in the Southwest 114 of the Southeast 1/4 of Sedbn S, Township 3
North, Range 1 East, Boise Meridian, Ada County, Idaho. tieing further d®scribed as follows:
BA515 OF BEARINGS:
The South tine of the Southeast 1/4 of Section 5, Township 3 North, Range 1 East, Boise
Meridian, derived from found monuments and taken as North 89°48'53" West with the distanoe
between monuments found to be 2643.98 feet.
COMMENCING at the South 1/4 corner of Section 5, Township 3 North, Range 1 East, Boise
Meridian; thence along the South Ilne of the Southwest 1/4 of the Southeast 1/4 of said Section
6, South 89°48'63" East a distance of 1,322.07 feet to the Southeast corner of said Southwest
114 of the Southeast 114; thence along the East line of said Southwest 1/4 of the Southeast 114,
North 00°31'07" East a distance of 740.42 feet to the POINT OF BEGINNING;
thence leaving Bald East line, North 89°44'38" West a distance of 878.55 feet;
thence from a tangent which bears South 04°28'00" East, along a curve to the right with a
radius of 200.00 feet and a central angle of 35°60'05" an arc length of 125.09 feet w~h a chord
bearing of South i3°27'03" West, and a chord distance of 123.06 feet;
thence South 31°22'05" West a distance of 37.89 feet to the centerline of North Hlc~cory Way;
thence along said centerline, along a curve to the Left w~h a radius of 400.00 feet and a central
angle of 05°2719" an arc length of 38.08 feet with a chord bearing of North 81'21'34" West,
and a chord distance of 38.07 feet;
thence leaving said right-of-way and along th® boundary of Dova RAeadows 8ubdtvision No.1,
North 11°59'54" East a distance of 387.x4 feet;
thence along the boundary of Dove Meadows Subdivision No.2, North 46°52'44" East a
distance of 150.00 f$et;
thence continuing along said boundary, North 00°27'38" East a distance of 218.97 feet to the
boundary of Packard Subdivision No.4;
thence along said boundary, South 89°44'38" East a distance of 773.40 feet to the Southeast
comer of Packard Su~lvkion No.4 also being the Northeast corner of the Southwest 1/4 of the
Southeast 1/4 of Section S;
thence along the East tine of saki Southwest 1/4 of the Southeast 1/4, South 00°31'07" West a
distance of 570.45 feet to the POINT OF B)GINNING.
Said parcel containing 487,079 square feat or 11.18
Russell E. Badgley,. P.L.5.12458
Timberline Surveying
847 Park Centre Way, Suite 3
Nampa, Idaho 83851
(208)485-5687
Solterra- CPAM, RZ & PP PAGE 18
EXHIBIT A
lEGA! DESCRIPTION FOR
ZONE L-o
A parcel of land bated In the Southwest 1/4 of the Southeast 1/4 of Section 5, Township 3
North, Range 1 East, Boise Meridian, Ada County, Idaho. Being further described as toilows:
BASIS OF BEARINGS:
The South tine of the Southeast 1/4 of Section b, Township 3 North, Range 1 East, Boise
Meridian, derived from found monuments and taken as North 89°48'63" West with the distance
between monuments found to be 2643.98 feet.
COMMENCING at the South 1/4 comer of Section 5, Township 3 North, Range 1 East, Boise
Meridian; thence along the South fine of the Southwest 1/4 of the Southeast 1/4 of said Section
6, South 89°48'63" East a distance of 1,322.07 feet to the Southeast corner of said Southwest
114 of the Southeasf 1/4; thence along the East line of said Southwest i/4 of the Southeast 1/4,
North 00.31'07" East a distance of 338.89 feet to the POINT OF BEGINNING;
thence leaving said East line, North 89°34'41" West a distance of 134.76 feet;
thence along a curve to the left with a radius of 50.00 feet and a central angle of 89°31'14" an
arc length of 78.12 feet with a chord bearing of South 45°38'42" West, and a chord distance of
70.41 feet;
thence South 00°54'06" West a distance of 53.7b feet;
thence along a curve to the right with a radius of b0.00 feet and a central angle of 89°05'65" an
arc length of 77.76 feet with a chord bearMg of South 45°27'03" West, and a chord distance of
70.15 feet;
thence North 90°00'00" West a dtsfance of 87.47 feet;
thence along a curve to the left w~h a radius of 140.00 feet and a central angle of 1 T°04'13" an
arc length of 41.71 feet with a c~lord bearing of South 81°27'54" West, and a chord dlatance of
41.56 feet;
thence South 72°68'47" West a distance of 71.79 feet to the centerline of North Hickory Way;
thence along said centerline the following five(5) Courses:
along a curve to the fait with a radius of 180.00 feet and a central angle of 37°46'48° an arc
length of 118.64 feat with a chord bearing of North 44°33'04" West, and a chord distance of
116.50 feet;
North 63°25'58" West a distanos of 135.49 feet;
abng a curve to the right wkh a radius of 180.00 feet and a central angle of 24°40'06" an arc
length of 77.50 feet with a chord bearing of North 61°05'56" West, and a chord distance of
76.90 feet;
North 38°45'53" West a distance of 192.86 feet;
along a curve to the left with a radius of 400.00 feet and a central angle of 19°52'02" an arc
length of 138.70 feet with a dtord bearing of North 48°41'54" West, and a chord distance of
138.01 feet;
thence leaving said centerlne, North 31°22'06" East a distance of 37.89 feet;
thence along a curve b the left with a radius of 200.00 feet and a central angle of 35°StY05" an
arc length of 125.09 feet with a chord bearing of North 13°27'03" East, and a chord distance of
123.08 feet;
thence South 89°44'38" East a distance of 878.55 feet to said East Nne;
thence South 00°31'07" West a distance of 403.53 feet to the POINT OF BEGMNING.
Said parcel containing 393,834 square feet or 9.04 acres.
RusseN E. Badgiey, P.L.S. 12458
TlmberNne Surveying
847 Park Centre Way, Suite 3
Nampa, Idaho 83651
(208)465-5687
Solterra - CPAM, RZ & PP PAGE 19
EXHIBIT A
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Solterra - CPAM, RZ & PP PAGE 20
EXHIBIT A
Exhibit A.4: Proposed Preliminary Plat (dated: 11/07/13) and Cross Access Exhibit
SOLTERRA SUBDCVISION
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
CUSTOM REVOLUTION MODULAR PLAYSYSTEMS
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Solterra- CPAM, RZ & PP PAGE 24
EXHIBIT A
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EXHIBIT A
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Solterra - CPAM, RZ & PP PAGE 30
EXHIBIT A
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1.1 A Development Agreement (DA) is required as a provision of the rezone of this property. Prior to
the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the
property owner(s) and the developer at the time of rezone ordinance adoption. A final plat
application will not be accepted until the DA is recorded. The applicant shall contact the City
Attorney'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 the rezone. 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. Development of this site shall substantially comply with the preliminary plat, landscape plan
and building elevations in Exhibit A.
b. The residential portion of the development shall consist of a maximum of ninety-four (94)
single family detached and single family attached homes. Prior to issuance of a building
permit for the single family attached homes, the applicant shall obtain approval of a
Certificate of Zoning Compliance and Design Review application.
c. Any expansion of the existing church and development of the commercial lots shall comply
with the design standards listed in UDC 11-3A-19 and the guidelines contained in the
Meridian Design Manual.
d. With the development of the Solterra Subdivision, the applicant shall provide the following
accesses to the commercial property to the east (parcel #S1105449105) in accord with UDC
11-3A-3A as follows:
1) stub a public street in the northeast corner as proposed and;
2) grant across-access/ingress-egress easement and construct the commercial driveway to
the east boundary as shown in Exhibit A.4.
e. All future development of the subject property shall comply with City of Meridian ordinances
in effect at the time of development.
f. The applicant shall construct the 10-foot multi-use pathway adjacent to E. Fairview Avenue
with the first phase of development.
1.2 Preliminary Plat -Site Specific Conditions of Approval
1.2.1 The preliminary plat, dated 11/07/13, shall be revised as follows:
a. Lots 13-18, Block 1 and Lots 19-22, Block 4 shall take access from common driveways as
proposed. All common drives shall be designed in accordance with UDC 11-6C-3D in effect
at the time of final plat submittal. An exhibit depicting the setbacks, building envelope an
orientation of lots and structures shall be submitted a future final plat application. Include
note on the final plat that addresses access across the lots and the responsible party for
maintenance of the common driveways.
b. Direct lot access shall be prohibited to E. Fairview Avenue in accord with UDC 11-3A-3.
c. The residential portion of the development shall provide a stub street to parcel #S 1105449105
as proposed.
d. With the submittal of the final plat application, the applicant shall depict the cross
access easement on the face of the plat or record a separate document and reference the
recorded document number on the face of the plat that identifies a cross access
Solterra- CPAM, RZ & PP PAGE 31
EXHIBIT A
agreement between the church lot and the three commercial lots (Lots 35-38, Block 4)
and the commercial property to the east (Parcel #51105449105).
e. The applicant shall construct a 5-foot wide attached sidewalk along the west boundary
of E. Solterra Way.
1.2.2 The landscape plan, dated 11/06/13 shall be revised as follows:
a. All fencing shall be installed in accordance with UDC 11-3A-7. Submit a detailed fence plan
with the final plat application.
b. Construct a 25-foot wide landscape buffer adjacent to E. Fairview Avenue in accord with
UDC 11-3B-7C. The width of the landscape buffer shall be measured from the ultimate curb
location as anticipated by ACRD. The detached sidewalk and pathway shall have an average
minimum separation of greater than four feet (4') to back of curb. The revised landscape plan
shall depict the ultimate right-of--way (curb location) as anticipated by ACHD to ensure the
required 25-foot landscape buffer is being provided in accord with UDC 11-3B-7C.
c. Construct a 20-foot wide landscape buffer adjacent to N. Hickory Way in accord with UDC
11-3B-7C.
d. Construct a 7-foot wide landscape buffer adjacent to the north boundary of Lot 35, Block 4 in
accord with UDC 11-3B-9C.
e. Per UDC 11-3B-10, the applicant shall work with the City Arborist, Elroy Huff, on
designing, adopting, and implementing a protection and mitigation plan for the existing trees
on site. With the submittal of the final plat the applicant shall submit a revised
landscape plan that details the mitigation plan outlined by the developer and the City
Arborist.
f. The applicant shall comply with the open space and site amenities represented on the
submitted landscape plan attached in Exhibit A.S. With the final plat submittal, the applicant
must provide a detail of the proposed swing set.
g. The applicant shall construct a 10-foot wide pathway adjacent to E. Fairview Avenue in
accord with UDC 11-3A-8 and UDC 11-3B-7C. The applicant shall have an ongoing
obligation to maintain all pathways.
h. Construct Lot 9, Block 4 as proposed. The micropath proposed to the church is meant to
serve as secondary emergency access. The parking area south of the micropath must be
striped and "No Parking" signs installed to prohibit parking in this area. Coordinate with the
Meridian Fire Department on the signage requirements.
i. 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.
j. Any landscaping near the construction zone must remain protected.
1.2.3 Prior to the issuance of a building permit, the applicant shall record a final plat.
1.2.4 Future homes constructed within the subdivision must comply with the submitted elevations in
Exhibit A.6.
1.2.5 Comply with all ACHD conditions of approval.
1.2.6 Prior to issuance of a building permit for the commercial lots and the single family attached
homes, the applicant shall obtain approval of a Certificate of Zoning Compliance and Design
Review application. The proposed development shall comply with the design standards listed in
UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual.
Solterra- CPAM, RZ & PP PAGE 32
EXHIBIT A
1.2.7 Staff s failure to cite specific ordinance provisions does not relieve the applicant of responsibility
for compliance.
1.3 General Conditions of Approval
1.3.1 Comply with all bulk, use, and development standards of the C-G, L-O and R-15 zoning districts
listed in UDC Table 11-2B-2 and UDC Table 11-2A-7.
1.3.2 Comply with all provisions of UDC 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 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.
1.3.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.3.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-SJ.
1.3.7 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
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 and UDC 11-3C-6B for the commercial lots.
1.3.9 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3,
including but not limited to easements, blocks, street buffers, and mailbox placement.
1.3.10 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5
and 11-3B-7C.
1.3.11 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-
11 C.
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 The project is subject to all current City of Meridian ordinances and previous conditions of
approval associated with this site.
1.4.3 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.
1.4.4 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
1.4.5 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.
1.4.6 All common open space shall be maintained by an owner's association as set forth in UDC 11-
3G-3F 1.
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.
Solterra - CPAM, RZ & PP PAGE 33
EXHIBIT A
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.
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.
2. PUBLIC WORKS DEPARTMENT
2.1 Site Specific Conditions of Approval
2.1.1 This development as proposed 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 existing main in
N. Hickory Way at the intersection of the proposed Solterra Way, and a second connection is to
be made from the existing main near the northwest corner of the Capital Christian Church to the
development through a common lot. Developer will be required to provide these two water main
connections to any phase containing more than 251ots, 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
Solterra - CPAM, RZ & PP PAGE 34
EXHIBIT A
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.
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.
Solterra - CPAM, RZ & PP PAGE 35
EXHIBIT A
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.
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 has no concerns with the proposed development.
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'/s" 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 '/s" 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 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International Fire
Code Sections 503.4 & D103.6.
4.4 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
Soltena - CPAM, RZ & PP PAGE 36
EXHIBIT A
4.5 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.
4.6 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 (1FC) 501.4 and Meridian amendment to IFC 10-4-2J.
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 Construct amulti-use pathway adjacent to E. Fairview Avenue consistent with standards in UDC
11-3A-8.
6.2 Prior to signature on the final plat by the City Engineer, the applicant submit a public access
easement to the Planning Division of the Community Development Department for the multi-use
pathway along E. Fairview Avenue for approval by City Council and subsequent recordation.
6.3 The applicant shall have an ongoing obligation to maintain all pathways.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1 Construct minimum 5-foot wide concrete sidewalk 53-feet from centerline of Fairview Avenue
abutting the site.
7.2 Provide a permanent right-of--way easement for any public sidewalks placed outside of the
dedicated right-of--way.
7.3 Replace any deteriorated or deficient sidewalk with 5-feet wide sidewalk, curb, gutter or
pedestrian facilities along Hickory Way abutting the site, consistent with ACHD's Minor
Improvement Policy 7203.3.
7.4 Construct Clarene Drive as a 34-foot street section with curb, gutter, and attached 5-foot wide
concrete sidewalk within 48-feet ofright-of--way.
7.5 Construct Solterra Way, Justin Avenue, Chandra Avenue, and Marnita Avenue as 29-foot street
sections with vertical curb, gutter, and 5-foot wide concrete sidewalk within 42-feet of right-of-
way.
7.6 Construct Solterra Way, utilizing the existing driveway approach, to intersect Hickory Way
approximately 625-feet north of Fairview Avenue.
7.7 Construct 1 stub street, Clarene Drive, approximately 125-feet to the east, located between Block
1, Lots 33, 34, 35 and Block 4, Lot 33.
7.8 Reconstruct the existing southern driveway on N. Hickory Way located approximately 172-feet
north of Fairview Avenue as a private 24-foot wide drive aisle for the 3 commercial lots.
7.9 Pave the driveway its full width and at least 30-feet into the site from the edge of pavement of the
roadway and install pavement tapers in accordance with District Policy 7206.4.6.
7.10 Cross access from the private drive shall be provided on the final plat to the parcels to the east.
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EXHIBIT A
7.11 Payment of impacts fees are due prior to issuance of a building permit.
7.12 Comply with all Standard Conditions of Approval.
7.2 Standard Conditions of Approval
7.2.1 Any existing irrigation facilities shall be relocated outside of the ACHD right-of--way.
7.2.2 Private 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 ACRD 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 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 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.
7.12 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 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 Council finds that the proposal to modify the Future Land Use Map to allow for the
residential, church and commercial uses on this site will be compatible with existing and
future commercial and residential uses.
c. The proposed amendment is internally consistent with the Goals, Objectives and
Policies of the Comprehensive Plan.
The Council finds that the proposed amendment is internally consistent with the Goals,
Objectives, and Policies of the Comprehensive Plan (see Section VII for detailed analysis).
d. The proposed amendment is consistent with the Unified Development Code.
The Council finds that the proposed amendment is consistent with the Unified Development
Code.
e. The amendment will be compatible with existing and planned surrounding land uses.
The Council finds the proposed amendment will be compatible with the surrounding existing
single-family developments and future commercial uses.
f. The proposed amendment will not burden existing and planned service capabilities.
The Council finds that the proposed amendment would not burden existing and planned
service capabilities in this area of the city. 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 Council finds the proposed mixed use development 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 Council
finds that the proposed amendment is in the best interest of the City if the applicant enters
into a development agreement with the City.
2. REZONE FINDINGS:
Upon recommendation from the Commission, the Council shall make a full investigation and
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EXHIBIT A
shall, at the public hearing, review the application. In order to grant annexation and zoning, 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 with the C-G, L-O and R-15 zoning
districts consistent with the proposed MU-R land use designation for this site. Therefore, the
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 Council finds that the proposed map amendment to the C-G, L-O and R-15 zoning
districts and is generally consistent with the purpose statement of the district consistent with
the Comprehensive Plan.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The Council finds that the proposed zoning amendment will not be detrimental to the public
health, safety, or welfare. City utilities will be extended at the expense of the applicant. The
Council considered all oral and written testimony provided to determine this finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and
The Council finds that the proposed zoning amendment will not result in any adverse impact
upon the delivery of services by any political subdivision providing services to this site.
e. The annexation (as applicable) is in the best of interest of the City (UDC 11-SB-3.E).
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 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.
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The Council finds that public services will be provided to the subject property upon
development. (See Exhibit B of the Staff Report for more details from public service
providers.)
c. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
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EXHIBIT A
Because City water and sewer and any other utilities will be provided by the development at
their own cost, the 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;
The Council considered all comments from the public service providers (i.e., Police, Fire,
ACHD, etc.) to determine this finding. (See Exhibit B for more detail.)
e. The development will not be detrimental to the public health, safety or general welfare;
and
The Council is not aware of any health, safety, or environmental problems associated with the
platting of this property. ACHD considers road safety issues in their analysis. The Council
considered all public testimony presented to determine whether or not the proposed
subdivision may cause health, safety or environmental problems.
f. The development preserves significant natural, scenic or historic features.
The Council is unaware of any natural, scenic or historic features on this site. Therefore, the
Council finds that the proposed development will not result in the destruction, loss or damage
of any natural, scenic or historic feature(s) of major importance. The Council considered all
public testimony presented to determine whether or not the proposed development may
destroy or damage a natural or scenic feature(s) of major importance.
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