Z - FindingsCITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2017-0151 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for Conditional Use Permit for a Multi-Family Development
Consisting of 124 Dwelling Units in a C-G Zoning District; and Preliminary Plan Consisting of
sixteen (16) Building Lots, Four (4) Storage lots, and Two (2) Common Area Lots on 10.68 Acres of
Land for Harper Ridge Subdivision, by Matt Schultz.
Case No(s). H-2017-0151
For the City Council Hearing Date of: March 6, 2018 (Findings on March 20, 2018 )
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of March 6, 2018, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of March 6, 2018, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of March 6, 2018,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of March 6, 2018, 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 § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Community Development Department, the Public Works Department and any affected party
requesting notice.
Meridian City Council Meeting Agenda March 20, 2018 – Page 304 of 426
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2017-0151 - 2 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of March 6, 2018, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant’s request for Conditional Use Permit and Preliminary Plat is hereby approved per
the conditions of approval in the Staff Report for the hearing date of March 6, 2018, 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 Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a maximum
period of two (2) years unless otherwise approved by the City. During this time, the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting, the final plat must be signed by the City
Engineer within this two (2) year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-5B-6.G.1, the Director may authorize a single extension of the time to commence the
use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as
Meridian City Council Meeting Agenda March 20, 2018 – Page 305 of 426
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2017-0151 - 3 -
determined and approved by the City Council may be granted. With all extensions, the Director
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title 11(UDC 11-5B-6F).
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 March 6, 2018
Meridian City Council Meeting Agenda March 20, 2018 – Page 306 of 426
By action of the City Council at its regular meeting held on the 2)'"N day of M am 1
2018.
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COUNCIL, PRESIDENT JOE BORTON VOTED
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COUNCII, VICE PRESIDENT LUKE CAVENER VOTED
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED /C4
COUNCIL MEMBER TY PALMER VOTED
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COUNCIL MEMBER TREG BERNT VOTED 4�
COUNCIL MEMBER GENESIS MILAM VOTED /"
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor T e Weerd
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Attest:
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City Clerk
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By:chalunuDated:
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2017-0151 - 4 -
Exhibit A
Harper Ridge Subdivision –CUP, PP H-2017-0151 PAGE 1
STAFF REPORT Hearing Date: February 27, 2018
(Continued to March 6, 2018)
TO: Mayor & City Council
FROM: Josh Beach, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Harper Ridge Subdivision – CUP, PP (H-2017-0151)
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, McMaster Limited Partnership, has submitted an application for a Conditional Use
Permit (CUP) for a multi-family development consisting of 124 dwelling units in a C-G zoning
district; and Preliminary Plat (PP) consisting of 16 building lots, 4 storage lots and 2 common lots on
10.68 acres of land. See Section IX of the staff report for more information.
The Meridian Planning & Zoning Commission heard these items on December 21, 2017. At the
public hearing, the Commission moved to recommend approval of the subject CUP and PP
requests.
a. Summary of Commission Public Hearing:
i. In favor: Matt Schultz, Doug McMaster,
ii. In opposition: Nancy Bodreaux, John Bodreaux, Eric Gabrielson, Paul Hosford, Gary
Vaneckern, Ron Paschal, Glen Rackham, Gail Stocking, Carol Gabrielson, Ron Porter,
Pamela Judy, Rulon Stocking
iii. Commenting: Doug McMaster, Nancy Bodreaux, John Bodreaux, Eric Gabrielson, Paul
Hosford, Gary Vaneckern, Ron Paschal, Glen Rackham, Gail Stocking, Carol
Gabrielson, Ron Porter, Pamela Judy, Rulon Stocking
iv. Written testimony: Eric and Carole Gabrielson, Ron and Kathryn Porter (2)
v. Staff presenting application: Josh Beach
vi. Other staff commenting on application: Andrea Pogue, Bill Parsons
b. Key issue(s) of Public Testimony:
i. Concerns about increased traffic through the surrounding residential neighborhoods.
ii. Concerns about how the impact of increased traffic will impact the safety of the
children in the neighborhood.
iii. Concerns about adequate parking being provided.
iv. Concerns about adequate vehicle access to the site.
v. Concerns about the lack of access being required for the previously approved Movado
Estates project.
vi. Concerns over whether multi-family is appropriate in this area.
c. Key Issues of Discussion by Commission:
i. Discussion on the density being proposed
ii. Traffic through the area.
iii. Traffic impact on the area with commercial vs. residential.
iv. Is residential appropriate for the C-G zoned parcel?
v. Is the parking sufficient for the number of units?
vi. Concerns about having multiple owners within the development and lack of uniformity
in maintenance.
d. Commission Change(s) to Staff Recommendation:
i. Add condition
Meridian City Council Meeting Agenda March 20, 2018 – Page 308 of 426
Exhibit A
Harper Ridge Subdivision –CUP, PP H-2017-0151 PAGE 2
e. Outstanding Issue(s) for City Council:
i. None
The Meridian City Council heard this item on March 6, 2018. At the public hearings, the
Council moved to approve the AZ and PP request.
a. Summary of City Council Public Hearing:
i. In favor: Matt Schultz (applicant), Kent Brown, Doug McMaster
ii. In opposition: Jessica O’shell, David Ballard, Leanne Mascroft, Danielle Weeks, Fred
Thompson, Dean Ashcroft, Lynne Martin, Dean Reese, John Tucker, Rebecca Tucker,
Robert Nielson, Brian Avilla, Scott Brisbane, Becky Brisbane, Janelle Avilla, David
Rios, Jose Hernandez, Ryan Stalcup, Mary Martin, Carl McVey, Carole Gabrielson,
Eric Gabrielson, Katie Flanagan, Anna Hernandez, Shane Carmichael, Gale Stocking,
Reylon Stocking, Don Steinke, Paul Hosford, Kathy Hosford, Brian Harper, William
Simms, Katrina Simms, Charles Villa, Joe Martin, Stephanie Baird, Howard Baird,
Susan Simms, Irene Williams, Terrell Williams, Ron Porter, Catherine Porter, Sarah
Watts, Dorothy Guiley, Pam Judy, Bonnie Broussard, VernWilliams, Vel Sammartino
iii. Commenting: David Ballard, Fred Thompson, Dean Reese, Robert Nielson, Ryan
Stalcup, Carole Gabrielson, Eric Gabrielson, Terrelle Williams, Bonnie Broussard,
Kent Brown, Vel Sammartino, Doug McMaster
iv. Written testimony: Reed and Linda Hanson, Erok and Carole Gabrielson, Linda Leach,
Kent and Maryellen Wheeler, Ron and Kathy Porter
v. Staff presenting application: Josh Beach
vi. Other staff commenting on application: None
b. Key Issues of Discussion by Council:
i. The number of overall parkling spaces and are they sufficient?
ii. Discussion on whether multiple owners within the development would cause problems.
iii. Why the proposal for multi-family in this location when the zoning is commercial?
iv. Is parking allowed on a typical collector road street section?
v. Is this the proper location for multi-family?
c. Key Council Changes to Staff/Commission Recommendation
i. Modify condition 1.1.3 to read as follows:The applicant shall provide no less than 258
parking spaces for the development.
ii. Add condition 1.1.4 as follows:The CC&R document for the development shall be
reviewed for approval by the City Attorney’s office prior to receipt of any certificate of
occupancy for he project.
iii. Add condition 1.1.5 as follows:A six-foot closed vision fence shall be constructed on the
west boundary of the property.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed CUP, and PP applications in accord with the conditions
of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit C.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to recommend approval to the City
Council of File Number H-2017-0151, as presented in the staff report for the hearing date of
December 21, 2017, with the following modifications: (Add any proposed modifications).
Meridian City Council Meeting Agenda March 20, 2018 – Page 309 of 426
Exhibit A
Harper Ridge Subdivision –CUP, PP H-2017-0151 PAGE 3
Denial
After considering all staff, applicant and public testimony, I move to recommend denial to the City
Council of File Number H-2017-0151, as presented during the hearing on December 21, 2017, for the
following reasons: (You should state specific reasons for denial)
Continuance
I move to continue File Number H-2017-0151 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located at 3885 E. Copper Point Drive, in the southwest ¼ of Section 21, Township 3
North, Range 1 East. (Parcel #s: S1121315100 and S1121233901)
B. Applicant/Owner(s):
McMaster Limited Partnership
P.O. Box 2640
Eagle, ID 83616
C. Representative:
Schultz Development
PO Box 1115
Meridian, ID 83680
D. Applicant’s Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject application is for a conditional use permit and preliminary plat. A public hearing is
required before the Planning & Zoning Commission and City Council on these applications,
consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: December 1, 2017
C. Radius notices mailed to properties within 300 feet on: November 27, 2017
D. Applicant posted notice on site(s) on: December 7, 2017
VI. LAND USE
A. Existing Land Use(s) and Zoning: This site consists of vacant commercial property, zoned C-G.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Commercial business, zoned C-G and vacant commercial property also zoned C-G.
2. East: Recently approved single family homes in the Movado Estates Subdivision, zoned R-8.
3. South: Single-family homes in the Sutherland Farms Subdivision, zoned R-4 and R-8.
4. West: Church, zoned C-G.
C. History of Previous Actions: This property was annexed in 2002 as part of Sutherland Farms
(AZ-02-004, DA Inst. # 102143307).
Meridian City Council Meeting Agenda March 20, 2018 – Page 310 of 426
Exhibit A
Harper Ridge Subdivision –CUP, PP H-2017-0151 PAGE 4
D. Utilities:
1. Public Works:
a. Location of sewer: Sanitary sewer mains intended to provide service to the subject site
currently exist in E. Copper Point Drive.
b. Location of water: Water mains intended to provide service to the subject site currently
exist in E. Copper Point Drive.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: The Ridenbaugh Canal runs along the southern boundary of this
site.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This site is not located in the Meridian Floodplain Overlay District.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is designated Mixed-Use Regional (MU-R) on the Future Land Use Map
(FLUM) contained in the Comprehensive Plan. 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, and to avoid predominantly
single use developments such as a regional retail center with only restaurants and other commercial
uses. Developments should be anchored by uses that have a regional draw with the appropriate
supporting uses. For example, an employment center should have support retail uses; a retail center
should have supporting residential uses as well as supportive neighborhood and community services.
The standards for the MU-R designation provide an incentive for larger public and quasi-public uses
where they provide a meaningful and appropriate mix to the development. The developments are
encouraged to be designed according to the conceptual MU-R plan depicted in Figure 3-5 (Below).
The applicant proposes to develop the site with 124 dwelling at a gross density of 11.61 units/acre.
This land use anticipates between 6 and 40 dwelling units per acre.
GOALS, OBJECTIVES, & ACTION ITEMS: Staff finds the following Comprehensive Plan policies to
be applicable to this application and apply to the proposed use of this property (staff analysis in
italics):
“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.” (3.07.01E)
The proposed multi-family residential development will contribute to the variety of residential
uses that currently exist in this area (i.e. low and medium density). Staff is unaware of how
“affordable” the units will be.
“Provide housing options close to employment and shopping centers.” (3.07.02D)
Because of its location in close proximity to the Silverstone Business Park, nearby shopping
centers), and major transportation corridors (I-84 and SH-55/Eagle Road), this property is
ideal for providing higher density housing options.
“Locate high-density development, where possible, near open space corridors or other
permanent major open space and park facilities, Old Town, and near major access
thoroughfares.” (3.07.02N)
Meridian City Council Meeting Agenda March 20, 2018 – Page 311 of 426
Exhibit A
Harper Ridge Subdivision –CUP, PP H-2017-0151 PAGE 5
The proposed multi-family development is located in close proximity to major access
thoroughfares (i.e. I-84 and SH-55/Eagle Road) within the City.
“Protect existing residential properties from incompatible land use development on adjacent
parcels.” (3.06.01F)
The existing residential properties to the south are across a major irrigation canal and
should not be impacted by the proposed multi-family development on the north side of the
Ridenbaugh Canal.
“Require all new and reconstructed parking lots to provide landscaping in internal islands
and along streets.” (2.01.04B)
Landscaping is proposed within planter islands in the parking areas on this site as shown on
the landscape plan attached in Exhibit A.4.
“Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City.” (3.01.01F)
Urban services can be provided to this property upon development. “Adopt land use
designations that will allow for housing opportunities for all income levels.” (3.07.01D)
Few of the major employment areas within the City are adequately supported with enough
housing options. Density near employment centers allow for workforce housing and promote
community resiliency, potentially reducing commute times and expenses, and allowing for
increased community and economic engagement.
“Provide for a wide diversity of housing types (single-family, modular, mobile homes and
multi-family arrangements) and choices between ownership and rental dwelling units for all
income groups in a variety of locations suitable for residential development.” (3.07.03B)
The development of multi-family homes on this site will contribute to the variety of housing
types available in this part of the City.
“Consistent with the Transportation and Land Use Integration Plan, require all new
residential neighborhoods to provide sidewalks, curb and gutters, and complete streets.”
(3.07.02B)
Curb, gutter and sidewalks will be required to be constructed along the entire frontage of this
property as part of the development.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zones: Per UDC 11-2B-1, the purpose of the commercial districts is to
provide for the retail and service needs of the community in accordance with the Meridian
Comprehensive Plan. Six (6) 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.
Properties within the C-G district are typically in close proximity and/or have access to interstate
or arterial intersections. Allowed uses are the largest scale and broadest mix of retail, office,
service, and light industrial uses.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2B-2 lists the permitted,
accessory, conditional, and prohibited uses in the C-G zoning district. The proposed multi-family
development is listed as a conditional use. The specific use standards listed in UDC 11-4-3-27 for
multi-family developments apply to development of this property.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-G
Meridian City Council Meeting Agenda March 20, 2018 – Page 312 of 426
Exhibit A
Harper Ridge Subdivision –CUP, PP H-2017-0151 PAGE 6
zoning district apply to development of this site.
D. Landscaping Standards (UDC 11-3B): The standards for landscaping contained in UDC 11-3B
and 11-4-3-27F apply to development of this site.
E. Common Open Space and Site Amenity Requirements: Common open space and site amenities
are required to be provided on the site in accord with the requirements listed in11-4-3-27C and11-
4-3-27D.
G. Structure and Site Design Standards: The proposed multi-family development must comply with
the design standards in accord with UDC 11-3A-19 and the Architectural Standards Manual.
IX. ANALYSIS
Analysis of Facts Leading to Staff Recommendation:
A. Conditional Use Permit (CUP):
A CUP is requested for a multi-family development in the C-G zoning district as required by
UDC Table 11-2B-3.
The proposed multi-family development consists of a total of 124 dwelling units in (16) structures
on 10.68 acres of land in the C-G zoning district. The units consist of a mix of 1, 2 and 3
bedroom units.
Specific Use Standards: The specific use standards for multi-family developments listed in UDC
11-4-3-27 apply to development of this site as follows: (Staff’s comments in italics)
A minimum of 80 square feet (s.f.) of private useable open space is required to be
provided for each unit. The applicant has not provided any floor plans to verify this
requirement has been met. Prior to the Planning and Zoning Commission, the applicant
will need to submit floor plans that conform to this requirement.
Developments with 20 units or more shall provide a property management office, a
maintenance storage area, a central mailbox location with provisions for parcel mail that
provides safe pedestrian and/or vehicular access and a directory map of the developme nt
at an entrance or convenient location for those entering the development. The site plan
submitted with the Certificate of Zoning Compliance application should depict the se
items.
At a minimum, 250 s.f. of common open space is required for each unit containing more
than 500 s.f. and up to 1,200 s.f. of living area. All of the proposed units are between 500
and 1,200 square feet; therefore, a minimum of 31,000 square feet or .711 of an acre of
common open space is required for this development in addition to the 10 percent
required by UDC 11-3G-3 and UDC 11-4-3-27..
For multi-family developments with 75 units or more, 4 site amenities are required to be
provided with at least one from each category listed in UDC 11-4-3-27D. For
developments with more than 100 units, the decision making body shall require
additional amenities commensurate to the size of the proposed development. The
applicant proposes a swimming pool, a clubhouse with an exercise room, a 50’ x 100’
open grassy area, and a tot lot as amenities in compliance with UDC standards. These
amenities fall within the quality of life, open space and recreation categories as required.
Landscaping is required to comply with UDC 11-4-3-27-F. All street facing elevations
shall have landscaping along their foundation as follows: the landscaped area shall be at
least 3-feet wide and have an evergreen shrub with a minimum mature height of 24
inches for every 3 linear feet of foundation. The remainder of the area shall be landscaped
Meridian City Council Meeting Agenda March 20, 2018 – Page 313 of 426
Exhibit A
Harper Ridge Subdivision –CUP, PP H-2017-0151 PAGE 7
with ground cover plans. The landscape plan submitted with the Certificate of Zoning
Compliance should comply with this requirement for the sides of the structures that
face E. Copper Point Way.
The development is required to record legally binding documents that state the
maintenance and ownership responsibilities for the management of the development,
including, but not limited to, structures, parking, common areas, and other development
features. The applicant should submit documentation of compliance with this
requirement prior to issuance of Certificate of Occupancy.
Parking: For multi-family developments, off-street parking is required in accord with the
standards listed in UDC Table 11-3C-6, which requires 2 parking spaces per dwelling unit with at
least one of those in a covered carport or garage. Based on (124) 1, 2- and 3-bedroom units, a
minimum of 238 parking spaces are required, 124 of which should be covered. The site plan
depicts a total of 248 spaces, 128 of which are covered, which complies with and exceeds UDC
standards by a total of 14 spaces.
For non-residential uses such as the clubhouse, a minimum of one space is required to be
provided for every 500 square feet (s.f.) of gross floor area in accord with the standards listed in
UDC 11-3C-6B. Prior to the Planning and Zoning Commission hearing, the applicant shall
submit the floor plan for the clubhouse to ensure compliance with the UDC requirements for
parking.
A minimum of one bicycle parking space for every 25 proposed vehicle spaces or portion thereof
is required to be provided on the site per UDC 11-3C-6G in accord with the standards listed in
UDC 11-3C-5C. Based on 248 vehicle spaces proposed, a minimum of 10 bicycle spaces in
bicycle racks are required to be interspersed throughout the development. The plans
submitted with the application show 12 bicycle parking stalls.
Landscaping: Parking lot landscaping is required to be provided in accord with the standards
listed in UDC 11-3B-8C. A buffer to adjoining land uses is not required on the south, or east sides
of the project because the adjacent uses are residential in nature. On the Northwest and west sides
of the project, however, there are existing commercial uses that require a 25 foot landscape buffer
to be installed per UDC Table 11-2B-3, and must be landscaped in accord with the standards
listed in UDC 11-3B-9. Additionally, a 10 foot landscape buffer is required along any street
frontage and shall be landscaped in accord with UDC 11-3B-7. Prior to the planning and
zoning Commission, the applicant shall submit a revised plan that meets the above
mentioned requirements.
Mitigation: There are existing trees on this site. The applicant is required to comply with the
mitigation standards listed in UDC 11-3B-10C.5 for any existing trees 4-inch caliper or greater
that are removed from the site. Contact Elroy Huff, City Arborist (208-371-1755), prior to
removal of any existing trees from the site.
Building Elevations: Four building types are proposed for the future multi-family structures
within the development as shown in Exhibit A.5.
The architectural character of the structures shall comply with the standards listed in the City of
Meridian Architectural Standards Manual. The elevations submitted with the Certificate of
Zoning Compliance application should demonstrate compliance with those standards.
Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate
of Zoning Compliance application for establishment of the new use and to ensure all site
improvements comply with the provisions of the UDC and the conditions in this report prior to
construction, in accord with UDC 11-5B-1.
Meridian City Council Meeting Agenda March 20, 2018 – Page 314 of 426
Exhibit A
Harper Ridge Subdivision –CUP, PP H-2017-0151 PAGE 8
Design Review: The applicant is required to submit an application for Design Review concurrent
with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and
building design is required to be generally consistent with the elevations and site plan submitted
with this application and the standards listed in UDC 11-3A-19 and the City of Meridian
Architectural Standards Manual.
B. Preliminary Plat (PP):
The proposed plat consists of 16 residential building lots 4 common lots and 2 other lots on 10.68
acres of land in the C-G zoning district. The smallest lot is 11,514 square feet (s.f.) with an
average lots size of 20,183 s.f.
Dimensional Standards: Staff has reviewed the proposed plat for compliance with the
dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district. All of the lots
comply with the minimum standards. Construction of buildings on the site should comply with
the setbacks for the C-G district.
Access: Access to streets is required to comply with the standards listed in UDC 11-3A-3. The
proposed plat depicts three accesses for the development – two via E. CopperPoint Way and one
via E. Copper Pont Drive; E. Copper Point Drive is considered a collector.
Stub Streets/Street Improvements: There are no stub streets proposed to adjacent properties.
The Ridenbaugh canal runs along the entire length of the southern boundary. E. Copper Point
Drive/Way abuts the property to the north and the property to the west was developed in 2003
without a cross-access connection. S. Knapp Avenue provides a local street connection to the
adjacent residential.
Traffic Impact Study (TIS): A TIS was not a requirement for this project per ACHD.
Landscaping: A 25-foot wide street buffer is required adjacent to the south and west
boundaries of parcel #R7909850370 and the south boundary of parcel # R7909850380 per
UDC Table 11-2A-8 in accord with the standards listed in UDC 11-3B-7C. Prior to the
Planning and Zoning Commission hearing, the landscape plan shall be revised consistent
UDC requirements.
Open Space: A minimum of 10% (or 1.06 acres) of the area of the site is required to consist
of qualified open space in accord with the standards listed in UDC 11-3G-3B. The applicant
has proposed to provide 1.39 acres of qualified open space, or approximately 13%.
A total of 1.39 acres (or 13%) of open space is proposed consisting of common areas where
the clubhouse, swimming pool and tot lot are located and miscellaneous open grassy areas
that are a minimum of 20’ x 20’ in area (see Exhibit A.2).
The applicant proposes a swimming pool, a clubhouse with an exercise room, a 50’ x 100’
open grassy area, a tot lot and additional tenant storage as amenities. The applicant’s
proposed amenities meet the requirements for amenities per the UDC. The applicant
proposes a swimming pool, a clubhouse with an exercise room, a 50’ x 100’ open grassy area,
and a tot lot as amenities. In order to be in compliance with the UDC, the applicant shall provide
one additional amenity be provided for the project.
Waterways: The Ridenbaugh Canal runs along the southern boundary of this site. Because the
centerline of the ditch lies on the property line and is a very large drain, the applicant requests a
waiver to UDC 11-3A-6A.3 which requires all irrigation ditches/laterals/canals/drains to be
piped. City Council may waive the requirement for large capacity facilities.
Meridian City Council Meeting Agenda March 20, 2018 – Page 315 of 426
Exhibit A
Harper Ridge Subdivision –CUP, PP H-2017-0151 PAGE 9
Fencing: A 6-foot tall open vision fence, having an 11-guage, 2-inch mesh or other construction,
equivalent in ability to deter access to the waterway is required along the Ridenbaugh canal
unless the drain is improved as a water amenity as set forth in UDC 11-1A-1.
Sidewalks: Sidewalks are required to be provided with development in accord with the standards
listed in UDC 11-3A-17. Attached sidewalks exist along a portion of E. Copper Point Drive. The
applicant shall provide detached sidewalks along the entire E. Copper Point Way frontage
of the property, and attached sidewalk along the S. Knapp Ave frontage. The plans shall be
revised to show the missing section of sidewalk along E. Copper Point Drive.
Utilities: Street lights are required to be installed along public streets adjacent to the development
in accord with the City’s adopted standards, specifications and ordinances. All development is
required to connect to the City water and sewer system unless otherwise approved by the City
Engineer in accord with UDC 11-3A-21. Adequate fire protection shall be required in accord with
the appropriate fire district standards.
Pressurized Irrigation: An underground pressurized irrigation system is required to be provided
for the development in accord with UDC 11-3A-15 as proposed and will be served by the Nampa
& Meridian and Settler’s Irrigation Districts.
Storm Drainage: An adequate storm drainage system is required in all developments in accord
with the City’s adopted standards, specifications, and ordinances, per UDC 11-3A-18.
Stormwater is proposed to be retained on-site in seepage beds.
In summary, Staff recommends approval of the proposed CUP and PP applications with the
conditions included in Exhibit B of this report in accord with the Findings contained in Exhibit C.
X. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
2. Proposed Site Plan (dated: 11/13/2017)
3. Proposed Preliminary Plat (dated: 10/24/2017)
4. Proposed Landscape Plan (dated: 11/07/2017)
5. Proposed Building Elevations & Renderings (dated: 11/13/2017)
B. Agency & Department Comments
C. Legal Description & Exhibit Map for Annexation & Zoning Boundary
D. Required Findings from Unified Development Code
Meridian City Council Meeting Agenda March 20, 2018 – Page 316 of 426
Exhibit A
Exhibit A Page 1
A. Drawings/Other
Exhibit A.1: Zoning Map
Meridian City Council Meeting Agenda March 20, 2018 – Page 317 of 426
Exhibit A
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Exhibit A.2: Proposed Site Plan (dated: 11/13/2017)
Meridian City Council Meeting Agenda March 20, 2018 – Page 318 of 426
Exhibit A
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Exhibit A.3: Proposed Preliminary Plat (dated: 10/24/2017)
Meridian City Council Meeting Agenda March 20, 2018 – Page 319 of 426
Exhibit A
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Exhibit A.4: Proposed Landscape Plan (dated: 11/7/2017)
Meridian City Council Meeting Agenda March 20, 2018 – Page 320 of 426
Exhibit A
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Exhibit A.5: Proposed Building Elevations & Renderings
Meridian City Council Meeting Agenda March 20, 2018 – Page 321 of 426
Exhibit A
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B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS
1. PLANNING DIVISION
1.1 Site Specific Conditions of Approval – Preliminary Plat
1.1.1 Development of the site shall substantially comply with the preliminary plat, site plan and
building elevations included in Exhibit A, the design standards listed in UDC 11-3A-19 and in
the Architectural Standards Manual, and the conditions in this report.
1.1.2 The preliminary plat included in Exhibit A.3, dated October 24, 2017, shall be revised as
follows:
a. Depict a 6-foot tall open vision fence with an 11-guage, 2-inch mesh or other
construction, equivalent in ability to deter access to the waterway (Ridenbaugh Canal);
or, improve the drain as a water amenity as set forth in UDC 11-1A, per UDC 11-3A-
6B.
b. The applicant shall provide detached sidewalks along the entire E. Copper Point Way
frontage of the property, and attached sidewalk along the S. Knapp Ave frontage. The
plans shall be revised to show the missing section of sidewalk along E. Copper Point
Drive.
1.1.3 The applicant shall provide an additional ten (10) parking stalls to the site than were
presented with the Site Plan labeled
1.1.3 The applicant shall provide no less than 258 parking spaces for the development.
1.1.4 The CC&R document for the development shall be reviewed f or approval by the City
Attorney’s office prior to receipt of any certificate of occupancy for the project.
1.1.5 A six-foot closed vision vinyl fence shall be constructed on the west boundary of the
property.
1.2 Site Specific Conditions of Approval – Conditional Use Permit
1.2.1 The developer shall comply with the specific use standards for multi-family developments
listed in UDC 11-4-3-27, including but not limited to the following:
a. The applicant shall record legally binding documents that state the maintenance and
ownership responsibilities for the management of the development, including, but not
limited to, structures, parking, common areas, and other development features, per UDC
11-4-3-27G. A recorded copy shall be submitted to the City prior to issuance of Certificate
of Occupancy for the first structure within the development.
b. Prior to the Planning and Zoning Commission, the applicant shall submit floor plans for
the units that demonstrate compliance with UDC 11-4-3-27B.3 which requires a minimum
of 80 square feet (s.f.) of private useable open space to be provided for each unit.
1.2.2 With the Certificate of Zoning Compliance, the applicant shall revise the site plan included
in Exhibit A.2, dated 10/24/2017, shall be modified as follows:
a. Depict a property management office, a maintenance storage area, a central mailbox
location with provisions for parcel mail that provides safe pedestrian and/or vehicular
access and a directory map of the development at an entrance or convenient location for
those entering the development in accord with UDC 11-4-3-27B.7.
1.2.3 The landscape plan included in Exhibit A.4, dated June 20, 2016, shall be revised as
follows:
Meridian City Council Meeting Agenda March 20, 2018 – Page 322 of 426
Exhibit A
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a. On the Northwest and west sides of the project, however, there are existing
commercial uses that require a 25 foot landscape buffer to be installed per UDC
Table 11-2B-3 and because the subject property is zoned C-G, a 25 foot landscape
buffer is required along the south side of the project as well. The landscape buffer
must be landscaped in accord with the standards listed in UDC 11-3B-9.
Additionally, a 20 foot landscape buffer is required along E. Copper Point Drive
and a 10-foot landscape buffer is required along S. Knapp Avenue in accord with
UDC 11-3B-7. Prior to the planning and zoning Commission, the applicant shall
submit a revised plan that meets the above mentioned requirements.
b. A minimum of 10% (or 1.06 acres) of the area of the site is required to consist of
qualified open space in accord with the standards listed in UDC 11-3G-3B in
addition to that required by UDC 11-4-3-27 for multi-family developments (.711
acres) for a total of 1.771 acres. In order to meet the requirements of the UDC the
applicant shall revise the site plan to meet the requirements of UDC 11-4-3-27.
1.2.4 Prior to the Planning and Zoning Commission hearing, the applicant shall submit the floor plan
for the clubhouse to ensure compliance with the UDC requirements for parking.
1.2.5 All fencing shall comply with the standards listed in UDC 11-3A-6 and 11-3A-7.
1.2.6 All storm drainage areas included in the qualified open space calculations shall comply with the
standards listed in UDC 11-3B-11, Stormwater Integration.
1.2.7 Prior to the Planning and Zoning Commission hearing the applicant shall provide greater detail of
the materials proposed for the structures in order to ensure compliance with the City’s
Architectural Standards Manual.
1.2.8 All elevations that face E. Copper Point Way shall have landscaping along their foundations that
comply with the minimum standards listed in UDC 11-4-3-27E.2.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC
Chapter 2 District regulations.
1.2.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
1.2.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11.
1.2.4 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.
1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J.
1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3B-5I,
11-3B-8C, and Chapter 3 Article C.
1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-
7C (streets).
1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-
11C.
Meridian City Council Meeting Agenda March 20, 2018 – Page 323 of 426
Exhibit A
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1.2.10 Protect any existing trees on the subject property that are greater than four-inch caliper and/or
mitigate for the loss of such trees as set forth in UDC 11-3B-10.
1.2.11 Provide bicycle parking spaces as set forth in UDC 11-3C-6G consistent with the design
standards as set forth in UDC 11-3C-5C.
1.2.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12.
1.2.13 Construct all required landscape areas used for storm water integration consistent with the
standards as set forth in UDC 11-3B-11C.
1.2.14 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the
guidelines set forth in the City of Meridian Standards Manual.
1.2.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
1.2.16 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site.
1.2.17 All fencing constructed on the site shall comply with the standards as set forth in UDC 11-3A-7
and 11-3A-6B as applicable.
1.3 Ongoing Conditions of Approval
1.3.1 The conditional use may only be transferred or modified consistent with the provisions as set forth
in UDC 11-5B-6G. The applicant shall contact Planning Division staff regarding any proposed
modification and/or transfer of ownership.
1.3.2 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
1.4 Process Conditions of Approval
1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
1.4.2 The conditional use approval shall be null and void if the applicant fails to 1) commence the use
within two years as set forth in UDC 11-5B-6F1 or 2) gain approval of a time extension as set
forth in UDC 11-5B-6F4.
1.4.3 The preliminary plat approval shall be null and void if the applicant fails to obtain City Engineer
signature on a final plat within two (2) years of approval of the preliminary plat; or, obtain
approval of a time extension as set forth in UDC 11-6B-7.
1.4.4 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design
Review application from the Planning Division, prior to submittal of any building permit
application.
1.5 Process Conditions of Approval
1.5.1 No signs are approved with this application. Prior to installing any signs on the property, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter
3 Article D and receive approval for such signs.
1.5.2 The conditional use approval shall be null and void if the applicant fails to 1) commence the
use within two years as set forth in UDC 11-5B-6F1 or 2) gain approval of a time extension as
set forth in UDC 11-5B-6F4.
Meridian City Council Meeting Agenda March 20, 2018 – Page 324 of 426
Exhibit A
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1.5.3 The preliminary plat approval shall be null and void if the applicant fails to obtain City
Engineer signature on a final plat within two (2) years of approval of the preliminary plat; or,
obtain approval of a time extension as set forth in UDC 11-6B-7.
1.5.4 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and
Design Review application from the Planning Division, prior to submittal of any building
permit application.
2. PUBLIC WORKS DEPARTMENT
2.1 Site Specific Conditions of Approval
2.1.1 A street light plan will need to be included in the final plat application. Street light plan
requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can
be found at http://www.meridiancity.org/public_works.aspx?id=272.
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 (MCC), the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
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. All easements must be
submitted, reviewed, and approved prior to development plan approval.
2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, a single-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. Any structures that are allowed to remain shall be subject to evaluation and
possible reassignment of street addressing to be in compliance with MCC.
2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC
11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any
other applicable law or regulation.
Meridian City Council Meeting Agenda March 20, 2018 – Page 325 of 426
Exhibit A
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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,
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 improvements related to public life, safety and health shall be completed prior to occupancy
of the structures. Where approved by the City Engineer, an owner may post a performance surety
for such improvements in order to obtain City Engineer signature on the final plat as set forth in
UDC 11-5C-3B.
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 design engineer shall be required to certify that the street centerline elevations are set a
minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure
that the bottom elevation of the crawl spaces of homes is at least 1-foot above.
2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACHD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and approved
prior to the issuance of a certification of occupancy for any structures within the project.
2.2.21 A street light plan will need to be included in the civil construction plans. Street light plan
requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy
of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272.
2.2.22 The City of Meridian requires that the owner post to the City a performance suret y in the amount
of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure
Meridian City Council Meeting Agenda March 20, 2018 – Page 326 of 426
Exhibit A
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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. Applicant must file an application for surety, which can be found on the
Community Development Department website. 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. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-221.
3. POLICE DEPARTMENT
3.1 The Police Department has no comments on this application.
4. FIRE DEPARTMENT
4.1 One and two family dwellings not exceeding 3,600 square feet require a fire-flow of 1,000 gallons
per minute for a duration of 2 hours to service the entire project. One and two family dwellings in
excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the
International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the
International Fire Code.
4.2 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 ½” 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 ½” 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.
4.3.1 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater
than 150 feet in length that is not provided with an outlet shall be required to have an approved
turn around. Phasing of the project may require a temporary approved turn around on streets
greater than 150' in length with no outlet.
4.4 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.
4.5 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire
Code Sections 503.4 & D103.6.
4.6 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
4.7 Operational fire hydrants, temporary or permanent street signs, and access roads with an all-weather
surface are required to be installed before combustible construction material is brought onto the site,
as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J.
Meridian City Council Meeting Agenda March 20, 2018 – Page 327 of 426
Exhibit A
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4.8 Building setbacks shall be per the International Building Code for one and two story construction.
4.9 Provide a Fire Department Key box entry system for the complex prior to occupancy as set forth
in International Fire Code Section 506.
4.10 All portions of the buildings located on this project must be within 150’ of a paved surface as
measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1.
4.11 All R-2 occupancies with 3 or more units shall be required to be fire sprinkled as set forth in
International Fire Code Section 903.2.8.
4.12 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices
installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141,
Section A5.2.18.
4.12.1 As set forth in International Fire Code Section 504.1, multi-family and commercial projects shall
be required to provide an additional sixty inches (60”) wide access point to the building from the
fire lane to allow for the movement of manual fire suppression equipment and gurney operations.
The unobstructed breaks in the parking stalls shall be provided so that building access is provided
in such a manner that the most remote part of a building can be reached with a length of 150' fire
hose as measured around the perimeter of the building from the fire lane. Code compliant
handicap parking stalls may be included to assist meeting this requirement. Contact the Meridian
Fire Department for details.
5. REPUBLIC SERVICES
5.1 Coordinate with Bob Olson, Republic Services (208-345-1265) on the location and design of
trash enclosures prior to submittal of the Certificate of Zoning Compliance application.
6. PARKS DEPARTMENT
6.1 The Parks Department did not provide comments for this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 Construct Copper Point Drive as ½ of a 40-foot street section with vertical curb, gutter, and 7-
foot wide attached or 5-foot wide detached sidewalk abutting the site; tying into existing
conditions to the east and west.
7.1.2 Provide a permanent right-of-way easement to 2-feet behind back of sidewalk for any public
sidewalk placed outside of the dedicated right-of-way.
7.1.3 Repair or replace any deficient or damaged curb, gutter, or sidewalk along Knapp Avenue,
abutting the site.
7.1.4 Construct the western driveway as a 25-foot wide driveway, located along the west property line
approximately 375-feet west of Cobalt Point Way, and 155-feet east of an existing driveway, in
alignment with an existing driveway to the north.
7.1.5 Construct the center driveway as a 46-foot wide driveway with 2, 20-foot wide travel lanes, and a
6-foot wide median, located approximately 325-feet east of Cobalt Point Way and 370-feet west
of the eastern driveway.
7.1.6 Construct the eastern driveway as a maximum 36-foot wide driveway, located approximately
270-feet west of Knapp Avenue.
7.1.7 Construct the 3 driveways as curb return type driveways with minimum 30 -foot radii; and pave
Meridian City Council Meeting Agenda March 20, 2018 – Page 328 of 426
Exhibit A
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the driveways their entire width and at least 30-feet into the site beyond the edge of pavement of
the roadway.
7.1.8 Payment of impacts fees are due prior to issuance of a building permit.
7.1.9 Comply with all Standard Conditions of Approval.
7.2 Standard Conditions of Approval
7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all
easements). Any existing irrigation facilities shall be relocated outside of the ACHD right -of-way
(including all easements).
7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the
ACHD right-of-way.
7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing
non-compliant pedestrian improvements abutting the site to meet current Americans with
Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of
ADA compliance to District Development Review staff for review.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all
landscaping proposed within ACHD right-of-way or easement areas.
7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right -of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction. 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.
7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for
details.
7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable ACHD
Standards unless specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
7.2.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant’s authorized representative and an authorized
representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of
any change from ACHD.
7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site
plan and may require additional improvements to the transportation system at that time. Any
Meridian City Council Meeting Agenda March 20, 2018 – Page 329 of 426
Exhibit A
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change in the planned use of the property which is the subject of this application, shall require t he
applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time
unless a waiver/variance of the requirements or other legal relief is granted by the ACHD
Commission.
Meridian City Council Meeting Agenda March 20, 2018 – Page 330 of 426
Exhibit A
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C. Required Findings from Unified Development Code
1. CONDITIONAL USE PERMIT:
The Commission and Council shall review the particular facts and circumstances of each
proposed conditional use in terms of the following, and may approve a conditional use permit if
they shall find evidence presented at the hearing(s) is adequate to establish:
a. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
Council finds that the site is large enough to accommodate the proposed use and meet the
dimensional and development regulations of the C-G zoning district and the specific use
standards for multi-family developments.
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and
in accord with the requirements of this Title.
Council finds that the proposed multi-family residential use will be harmonious with the
Comprehensive Plan. The proposed use is in accord with UDC requirements.
c. That the design, construction, operation and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the
general vicinity and that such use will not adversely change the essential character of
the same area.
Council finds that the general design, construction, operation and maintenance of the multi-
family use will be compatible with existing residential and commercial uses in the vicinity
and with the existing and intended character of the area and will not adversely change the
character of the area. The Council considers any public testimony that may be presented to
determine whether or not the proposal will adversely affect the other properties in the area.
d. That the proposed use, if it complies with all conditions of the approval imposed, will
not adversely affect other property in the vicinity.
Council finds that the proposed development should not adversely affect other property in the
vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this
staff report and constructs all improvements and operates the use in accordance with the UDC
standards.
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection, drainage
structures, refuse disposal, water, and sewer.
Council finds that sanitary sewer, domestic water and irrigation can be made available to the
subject property. Please refer to comments prepared by the Public Works Department, Fire
Department, Police Department and other agencies.
f. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
Council finds that the applicant will pay to extend the sanitary sewer and water mains into
the site. No additional capital facility costs are expected from the City. The applicant and/or
future property owners will be required to pay impact fees.
g. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
Meridian City Council Meeting Agenda March 20, 2018 – Page 331 of 426
Exhibit A
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Council finds that the proposed development should not involve activities that will create
nuisances that would be detrimental to the general welfare of the surrounding area.
Council recognizes the fact that traffic and noise will increase with the approval of this
development; however, whenever undeveloped property is developed, the amount of traffic
generation does increase.
h. That the proposed use will not result in the destruction, loss or damage of a natural,
scenic or historic feature considered to be of major importance.
Council finds that the proposed development will not result in the destruction, loss or damage
of any natural feature(s) of major importance. sCouncil references any public testimony that
may be presented to determine whether or not the proposed development may destroy or
damage a natural or scenic feature(s) of major importance of which Council is unaware.
2. PRELIMINARY PLAT:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the
decision-making body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan;
Council finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan in regard to land use, transportation, and circulation. Please see
Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more
information.
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
Council finds that public services will be provided to the subject property upon development.
(See Exhibit B of the Staff Report for more details from public service providers.)
c. The plat is in conformance with scheduled public improvements in accord with the
City’s capital improvement program;
Because City water and sewer and any other utilities will be provided by the developer at
their own cost, 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;
Council relies upon 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
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
considers any public testimony that may be presented when determining whether or not the
proposed subdivision may cause health, safety or environmental problems of which Council
is unaware.
f. The development preserves significant natural, scenic or historic features.
Meridian City Council Meeting Agenda March 20, 2018 – Page 332 of 426
Exhibit A
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Council finds there are no significant natural, scenic or historic features associated with this
property that need to be preserved with development of this site.
Meridian City Council Meeting Agenda March 20, 2018 – Page 333 of 426
Changes to Agenda: None
Item #10A: Harper Ridge Subdivision (H-2017-0151) — The applicant had requested Council approval of a waiver to UDC 11-3A-6 to
allow the Ridenbaugh Canal to remain open and not be piped. At the public hearing where Council acted upon this application, the
waiver was not discussed until after the vote was made; therefore, the Legal Dept. wanted to make sure it was officially discussed and
acted upon.
Item #10B: Oaks West Subdivision (H-2017-0170)
Application(s):
➢ Development Agreement Modification
➢ Comprehensive Plan Map Amendment
➢ Rezone
➢ Preliminary Plat
Size of property, existing zoning, and location: This site consists of 31+/- acres of land, zoned R-8, R-15 & L-0, located at the SEC
of N. McDermott Rd. & W. McMillan Rd.
History: In 2008, this property was annexed with the Oak Creek project with R-8 & R-15 zoning. In 2013, the property was rezoned to
its existing zoning with a new conceptual development plan that depicted a park, fire station, office & MFR uses. The L-0 zoning was
approved based on the applicant's request to "float" the Office FLUM designation from near the mid -mile on the south side of McMillan
to the subject property without an amendment to the FLUM; SFR medium density homes were then constructed on the former Office
designated area. Since 2013, the Western Ada Recreation District has determined it's not in their budget to develop a park on this site
& the City has determined there is not a need for a neighborhood park in this area. Additionally, the Fire Department found a better
location for a fire station & no longer needs one on this site. City Well #29 and a lift station have been constructed on this site.
Comprehensive Plan FLUM Designation: MDR (3 to 8 units/acre)
Summary of Request: The applicant has applied for an amendment to the Comprehensive Plan FLUM to change the land use
designation on 7.25+/- acres of land from Office to Medium Density Residential (MDR); this request is "off-site" from the rest of the
application. The change will update the FLUM to reflect what is actually developed on the site in accord with Council's previous
decision to "float" the Office designation to the west from the mid -mile.
A modification to the DA is proposed to remove the subject property from The Oaks South DA & draft a new DA for the subject
property, which is no longer under the same ownership. The concept plan is also proposed to be amended consistent with the
proposed development plan for 98 SFR homes.
A rezone is proposed consisting of 5.57 acres of land from the L-0 to the R-8 zoning district; and 17.91 acres of land from the R-15 to
the R-8 zoning district consistent with the MDR FLUM designation.
A preliminary plat is proposed consisting of 98 SFR building lots, 19 common lots & 2 other lots for the existing City well & lift station on
30.91 acres of land in the R-8 zoning district. The minimum lot size proposed is 5,000 s.f. with an average lot size of 7,483 s.f. The
subdivision is proposed to develop in two (2) phases with the portion south of W. Quintale Dr. developing first.
One access is proposed via W. McMillan Rd. and one access via N. McDermott Rd.; a stub street (W. Quintale Dr.) is proposed to be
extended from the east boundary of the site.
A 35' wide landscaped street buffer is required along N. McDermott Rd., an entryway corridor; & a 25' wide buffer is required along W.
McMillan Rd., an arterial street; a 20' wide buffer is required along W. Quintale Dr. and N. Trident Ave., both collector streets. A
minimum of 10% (or 3.1 acres) of qualified open space is required to be provided on this site. A total of 4.91 acres (or 15.9%) is
proposed per the revised Open Space Exhibit. A segment of the City's multi -use pathway system is proposed along the south boundary
of the site adjacent to the Five Mile Creek; internal micro -paths, a tot lot and a fitness station are proposed as amenities for the
development which comply with UDC standards.
The future State Highway 16 is planned to be extended 300'+/- to the west of McDermott Road north/south between SH 2O-26
(Chinden Blvd.) & 1-84. An overpass is planned on McMillan Road over SH -16 which will encroach on the north boundary of this site. A
letter was received from ITD stating that a total ROW width of 140 feet from the section line on the south side of McMillan Rd. is
needed for the construction of the overpass; the plat has been revised accordingly.
Photos of a variety of SFR detached homes were submitted with this application that demonstrate the style and quality of construction
Because homes that back up to W. McMillan & N. McDermott Roads, both arterial streets, and W. Quintale and N. Trident Ave., both
collector streets, will be highly visible, staff recommends the rear and/or side of structures that face these streets, incorporate
articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step -backs, pop -outs), bays,
banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof
lines that are visible from the subject public street.
Commission Recommendation: Approval
Summary of Commission Public Hearing:
i. In favor: Becky McKay, Engineering Solutions (Applicant)
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Becky McKay, Engineering Solutions (Applicant)
v. Key Issue(s): None
Key Issue(s) of Discussion by Commission:
i. Changes to McDermott Rd. with the extension of SH -16 and the future overpass on McMillan Rd.;
ii. The collector street through the site;
iii. If this site is a good location for residential uses because of the overpass planned on McMillan Rd. and associated traffic and
noise; or if it should be commercial because of the proximity of the future extension of SH -16;
iv. Would like to see more usable common area provided centrally within the development with a nice amenity.
Commission Change(s) to Staff Recommendation: (see Commission Recommendation to Council)
i. Modification to condition #2.1.3 as requested by Staff (see Exhibit B).
ii. Delete DA provision #1.1c and associated condition #1.2.3, which required all of the street buffer landscaping and sidewalk
adjacent to McMillan and McDermott Roads to be constructed with the first phase of development; this will allow these
improvements to be constructed with each phase of development.
iii. Delete the last sentence in DA provision #1.1 a and associated condition #1.2.1 b, which requires ROW for the future overpass
to be depicted on the plat in a separate common lot for dedication purposes.
iv. Delete condition #1.2.10 that required noise abatement as McMillan Rd. and the future overpass is not a state highway and
thus, does not require noise abatement.
Outstanding Issue(s) for City Council:
i. Park's Dept. staff requests the following change to condition #6.8 in Exhibit B: "The 10' multi -use pathway (dedicated 14'
easement) shall extend north from the Five Mile Creek pathway within the street buffer along N. McDermott Road to McMillan
Road and east within the street buffeF along W Mc-Migan Road for access to the future overpass. The pathway ma„ "o
nnnotrnnted instead of the sidewalk if allowed by /1('HP " (DA provision #1.1.b should also be updated accordingly)
ii. The Commission requested the applicant identify 2 building lots in phase 2 that could be converted to open space — the plan
has been revised accordingly.
iii. Include revised Public Works comments per the memo from Bruce Freckleton to the Mayor & Council dated March 15t as
follows:
2.1 Site Specific Conditions of Approval
2.1.3 Applicant shall be responsible for the extension of utilities to and through the proposed
development, including the water mainline extension along the project frontage in "^gin
McDermott Road from W. Quintale Drive to the south boundary line extended.
Written Testimony since Commission Hearing: None
Possible Motions:
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2017-0170, as presented in the staff
report for the hearing date of March 20, 2018: (Add any proposed modifications to conditions)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0170, as presented during the
hearing on March 20, 2018, for the following reasons: (You should state specific reasons for denial)
Continuance
I move to continue File Number H-2017-0170 to the hearing date of March 20, 2018 for the following reason(s): (You should state
specific reason(s) for continuance.)
Notes: