HomeMy WebLinkAboutStaff Report 3/20CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE (~,~~~
MAR 1 ~ 200
STAFF REPORT Hearing Date: March 20, 2008 CITE( OF MERIDIAN
(Continued from March 6, 2008) t
TO: Planning & Zoning Commission ~+' 1~~~ O F F I C E
FROM: Sonya Watters, Associate City Planner I D A H O
(208) 884-5533
SUBJECT: Regency at River Valley (Revised)
AZ-08-003
Annexation and Zoning of 12.06 acres from RUT (Ada County) to R-40
(High Density Residential) (10.56 acres) and C-C (Community Business) (1.5
acres) zoning districts
• CUP-08-004
Conditional Use Permit for amulti-family residential development in a
proposed R-40 zoning district
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s~'.:':..._ ..., ~ n • _: v,,,ie.. ~c^a __ --"`~...,,,.~~t Withdrawn
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• VAR-08-002
Variance to UDC Table 11-3C-6 for a reduction in the number of covered
parking spaces required for multi-family dwellings
The Commission heard these applications at the public hearing on March 6, 2008. At the meeting on
March 6"' the applicant decided to withdraw the Variance (VAR-08-OOI) request for a temporary
access to SH 55/Eagle Road At that meeting, the Commission voted to continue the protect until the
March 20"` meeting so staff could update the conditions of approval (Staff had originally included
draft conditions of approval because Staff was recommending several significant changes to the site
plan)• so the site~lan could be revised b ty he applicant; and so comments/conditions could be
obtained from ACRD On March 6"' the maker of the motion for continuance stated that they would
like to see the following changes made to the site plan • I) Add an emer~eney access only driveway to
Allys Way • 2) Provide a 10 foot wide multi-use pathway on the site in accordance with Parks
Department comments• and 3) Remove the tem_porary access to Eagle Road.. The maker of the
motion also stated that their recommendation for approval would be prefaced on the applicant and
NMID reaching an agreement pertaining to the relocation of the Downey Sublateral. The
Commission supported the Variance (VAR-08-002) request for a reduction in the number of covered
parking spaces required The applicant has submitted a revised site plan, which staff has reviewed
and made modifications to the staff report accordingly.
Changes to the staff report since the March 6'~' version are in bold, italics and underline.
Note • As of the print date of this report comments still have not been received from ACHD; Staff will
forward them as soon as they are available.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The Applicant, Mason & Stanfield, Inc., has applied for Annexation and Zoning (AZ) of 12.06 acres
from RUT (Ada County) to R-40 (High Density Residential) (10.56 acres) and C-C (Community
Business) (1.5 acres). Concurrently, a Conditional Use Permit (CUP) is requested for amulti-family
Regency at River Valley (revised) PAGE 1
CITY OF MERlD1AN PLANNdNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2008
residential development on 10.56 acres in a proposed R-40 zoning district. ~e A variances (VAR) to
the Unified Development Code ar-e is also requested as follows: 1) ~' ~ T rT,r , , zu nn
P~ea~tmTil sttel3 time as ~' D' ~'~"°-~ v°~'' ~ ~~`~~°*°`''""'-" Variance to UDC Table 11-3C-6
for a reduction in the number of parking spaces required for multi-family dwellings in covered
carports or garages
The applicant is proposing 204 multi-family living units within 9 apartment buildings, a clubhouse,
swimming pool area, a putting green, several gazebos, an entry water feature, pathways, extensive
landscaping, and a playground area.
The site is located at 2500 N. Eagle Road, approximately '/z mile north of the Fairview/Eagle
intersection on the east side of Eagle Road. The subject property is currently located within the
Urban Service Planning Area.
2. SUMMARY RECOMMENDATION
The subject applications (AZ, CUP, & VARY) were submitted to the Planning Department for
concurrent review. By city code, the Planning & Zoning Commission is not required to hold a
hearing on or act on the lwwe variance applications. However, because the variance requests-ate is
integral to the project, staff recommends that the Commission, as part of their action, state a
preference on the twe variance requests. Below, staff has provided a detailed analysis of the
proposed applications. Staff is recommending approval of the subject AZ and CUP applications
per the conditions of approval in Exhibit B and the Development A;;reement provisions in
Section 10 Staff is recommending denial of the VAR application per the analysis in Section 10
and the findings in Exhibit D.
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•
3. PROPOSED MOTION
Partial Approval/Partial Denial
After considering all staff, applicant and public testimony, I move to recommend approval to the City
Council of AZ-08-003 and CUP-08-004 a *'~ • ~ ~~~~o~go==0~6-ac=e~ ~c'-'-
ua.,n~~..,.~ ~, ~.,.....b .,~ .......,..,...., ... ~, _......------- ~ ~ ---- ---- ------- --
~3-A8-A~3 and ~' ^ D n4 nn, R. denial of VAR-08-002, as presented in the staff report for the
hearing date of March g 20, 2008 with the following modifications: (Add any proposed
modifications.)
Approval
After considering all staff, applicant and public testimony, I move to recommend approval to the
City Council of File Numbers AZ-08-003, CUP-08-004, ~A~R~-Ag-AA4 and VAR-08-00, as
presented during the hearing, for the following reasons: (You should state specific reasons for
approval of the annexation and conditional use permit.)
Denial
After considering all staff, applicant and public testimony, I move to recommend denial to the City
Council of File Numbers AZ-08-003, CUP-08-004, BAR-Ag-AA~ and VAR-08-002, as presented
during the hearing, for the following reasons: (You should state specific reasons for denial of the
annexation and you must state specific reason(s) for the denial of the plat.)
Regency at River Valley (revised) PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2008
Continuance
I move to continue File Numbers AZ-08-003, CUP-08-004, ~4R--98-AAA, and VAR-08-002 to the
hearing date of (insert continued hearing date here) for the following reason(s): (You should state
specific reason(s) for continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
2500 N. Eagle Road (Parcel #51104233914 & #51104233920)
NW Y of Section 4, T.3N., R.1 E.
b. Owners:
RAMI, LLC; MBJR, LLC; Eagle Mesa, LLC; Eagle Coulter, LLC; JACOM, LC
c. Applicant:
Mason & Stanfield, Inc.
314 Badiola Street
Caldwell, Idaho 83605
d. Representative: Lars Anderson, Bach Homes
e. Present Zoning: RUT (Ada County)
£ Present Comprehensive Plan Designation: Mixed Use -Regional
g. Description of Applicant's Request:
From the applicant's narrative: "We are requesting annexation of two zones and an
accompanying CUP. The annexation request includes 1.5 acres (for C-C zone) for the westerly
portion adjacent to Eagle Road and 10.91 acres for an R-40 zone. The request complies with the
current Comprehensive Plan. The project will comply with the UDC with the exception of
covered parking an~tey-u~.~:T~a~zag~~°aa." (See Applicant's letter for more
detail.)
1. Date of Site Plan (attached in Exhibit A): "'~~~~~• ' ~,'^n~ 3/12/08 (stamped by R. Scott
Stanfield, P.E., and Darin Holzhey, P.L.S., ~~)
2. Date of Landscape Plan (attached in Exhibit A): T^^••"^~'~, ~n~ 1/08 (prepared by Lars
Anderson, Bach Homes)
5. PROCESS FACTS
a. The subject application will in fact constitute an Annexation & Zoning as determined by City
Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is required before the
Commission and City Council on this matter.
b. The subject application will in fact constitute a Conditional Use Permit as determined by City
Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is required before the
Commission and City Council on this matter.
c. The subject applications will in fact constitute a Variance as determined by City Ordinance. By
reason of the provisions of UDC 11-SA-2, a public hearing is required before the City Council on
this matter.
d. Newspaper notifications published on: February 18, 2008 and March 3, 2008
e. Radius notices mailed to properties within 300 feet on: February 12, 2008
Regency at River Valley (revised) PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2008
f. Applicant posted notice on site by: February 22, 2008
6. LAND USE
a. Existing Land Use(s): This property is currently vacant with some existing outbuildings
associated with a former residence.
b. Description of Character of Surrounding Area: This area contains a mix of single-family
residential properties, commercially zoned vacant land, and office uses.
c. Adjacent Land Use and Zoning:
1. North: Vacant commercial property, zoned C-G
2. East: Vacant commercial property, zoned C-G and single-family residences in Redfeather
Estates subdivision, zoned R-4
3. South: Vacant property (in the process of being zoned C-G -Meridian Town Center), zoned
RUT (Ada County)
4. West: Single-family residence and vacant property, zoned RUT (Ada County); office uses
(on the west side of Eagle Road), zoned L-O; and vacant property, zoned C-G
d. History of Previous Actions:
The following applications were submitted for this property in 2006 and all were denied by the
City Council:
• Annexation and Zoning (AZ-06-035) of 12.06 acres to C-C (Community Business District)
(1.50 acres) and R-40 (High Density Residential) (10.56 acres)
• Conditional Use Permit (CUP-06-022) for amulti-family development consisting of 204
multi-family residential units
• Private Street (PS-06-006) request adjacent to the proposed multi-family units
• Variance (VAR-06-014) request to UDC 11-3C-6A to provide less than the required number
of covered parking stalls for multi-family dwellings
• Variance (VAR-06-015) request to UDC 11-4.3.27B3 to provide less than 80 square feet of
private, usable open space for each multi-family dwelling unit
• Variance (VAR-06-016) request to UDC 11-3h-4B2 to construct a vehicular access to a state
highway at a location other than a section line road or the half mile mark between sections
e. Existing Constraints and Opportunities:
1. Public Works:
Location of sewer: This property is proposing to connect to sewer mains located in Eagle
Road.
Location of water: This property is proposing to connect to water service mains located in
Eagle Road.
Issues or concerns: None
2. Canals/Ditches Irrigation: The South Slough runs along the northern boundary of this site.
The Downey Sublateral runs along the south boundary of the site.
3. Existing trees: There are existing trees on the site that are proposed to be removed. The
applicant shall comply with the mitigation requirements listed in UDC 11-3B-1 OC.
Regency at River Valley (revised) PAGE 4
CITY OF MERIDIAN PLANK-ING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2008
4. Floodplain: This property does not lie within the floodplain or floodway.
5. Hazards: The South Slough is located along the northern boundary of this site and may
create a water hazard for small children as it will remain uncovered.
Proposed Zoning: R-40 (High Density Residential) (10.56 acres) & C-C (Community
Business) (1.5 acres)
7. Size of Property: 12.06 acres
£ Landscaping
1. Width of street buffer(s): A 35-foot wide buffer is required along Eagle Road/SH 55, an
arterial street; a 20-foot wide buffer is required along Allys Way, a collector street, and a 20-
foot wide buffer will be required along the future E. River Valley Road, a collector street.
Street buffer landscaping shall be installed in accordance with the standards listed in UDC
11-3B-7C.
Width of buffer(s) between land uses: A 25-foot wide buffer is required in commercial
districts adjacent to any existing residential uses. There is currently an existing residence
(parcel #1104234102) located at the south boundary of the portion of the property proposed
to be zoned commercially. If the residential use of this property exists at the time of
development (i.e. CZC submittal), a 25-foot wide buffer shall be provided along that
boundary. Buffers to adjoining land uses shall be installed in accordance with the standards
listed in UDC 11-3B-9C.
3. Percentage of site as open space: 18% or 1.91 acres of useable open space
4. Other landscaping standards: Parking Iot landscaping shall be installed per the standards
listed in UDC 11-3B-8C.
g. Amenities: Per UDC 11-4-3-27D.2, 4+ amenities are required for this development with at least
one from each category (i.e. quality of life, open space, recreation). The following amenities are
proposed: walking trails, clubhouse, water feature, swimming pool, a putting green, several
gazebos, and a tot lot. The applicant has complied with this requirement.
h. Off-Street Parking: UDC 11-3C-6 requires multi-family dwellings with 1 bedroom to have 2
parking spaces per unit, 1 in a covered carport or garage. The site plan shows 481-bedroom units,
which requires 48 covered spaces and 48 uncovered spaces. Multi-family dwellings with more
than 1 bedroom are required to have 2 parking spaces per unit in a covered carport or garage. The
site plan shows 156 units with more than 1 bedroom, which requires 312 covered spaces. A total
of 360 covered spaces and 48 uncovered spaces are required on the site for a total of 408 spaces.
The applicant has provided X93-299 covered spaces and ~3 I09 uncovered spaces for a total of
408 spaces. A variance is requested for a reduction in the number of covered parking spaces
required.
i. Required Dimensional Standards for Multi-family Residential Use in the R-40 Zone, per UDC
11-4-3-27B and 11-2A-8:
1. Minimum Building Setback: A minimum 20-foot wide setback is required along the south
and east property boundaries adjacent to E. River Valley Road and Allys Way because of the
required 20-foot wide street buffers (per UDC Table 11-2A-8) and a minimum 10-foot wide
setback is required along the north and west property boundaries (per UDC 11-4-3-27B).
2. Maximum Building Height: 60 feet
j. Summary of Proposed Streets and/or Access: Access to the site is proposed from two access
points to/from the future extension of E. River Valley Road. n ~. ~.....Y..-~=; ~..~~..~ =~
Regency at River Valley (revised) PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2008
,,..«;.,e „~«we ....,... va «o..,~,,,-.,.~r , _ ~ «,. ~.,,.,e v,,.,a The applicant is proposing to
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construct ~ 26' drive aisles within the multi-family development; Staff is requesting that
the applicant submit a private street application and that minimum 26-foot wide private
streets are provided. The applicant is proposing to construct a segment of A.llys Way on the east
boundary of the site in alignment with the existing Allys Way north of the site, on the north side
of Ustick Road; Staff is supportive of Allys Way being constructed. An emergency only access
to Allys Way to the east is net proposed; Staff is
supportive of this access.
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Further, as of the print date of this report, comments have not been received from ACRD.
However, Staff spoke with Matt Edmonds at ACRD and he stated that the applicant will be
required to construct half the street section of E. River Valley Road abutting the site consisting of
24 feet of pavement and a 7-foot wide sidewalk (as proposed by the applicant). The applicant is
proposing to dedicate and construct the whole right-of--way for Allys Way on the eastern portion
of the site. Matt did not think that an emergency access point to Allys (as required by City Staff)
to/from the site would be a problem. Further, ACHD is requiring a road trust deposit for half of
the construction cost of the bridge over the South Slough.
Please see Section 10, Analysis, and Exhibit B of this report for more information.
7. COMMENTS MEETING
On February 15, 2008 a joint agency and department meeting was held with service providers in this
area. The agencies and departments present include: Meridian Fire Department, Meridian Parks
Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary
Services Company. Staff has included comments, conditions and recommended actions in Exhibit B
below.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Mixed Use -Regional" on the Comprehensive Plan Future Land Use
Map. In Chapter VII of the Comprehensive Plan, this designation is defined in part as an area that is
situated in highly visible or transitioning parts of the City where innovative and flexible design
opportunities are encouraged. The MLT-R designation allows for over 200,000 square feet of non-
residential uses, residential densities ranging from 3 to 40-dwelling units per acre, mixed use
neighborhood and mixed use commercial uses, as well as regional commercial uses such as
entertainment and employment centers and clean industry. Staff believes that the requested C-C and
R-40 zoning of the property with 17.86 dwelling units per acre planned for the multi-family portion of
the development, complies with the MU-R designation for this property (please see Analysis, Section
10 below for more information).
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed development (staff analysis in italics below policy):
• Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have
planned for the provision of all public services.
Regency at River Valley (revised) PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2008
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian plans to provide municipal services to the subject
property in the following manner:
- Sanitary sewer and water service will be extended to the project at the developer's
expense.
- The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District.
Once annexed the lands will be under the jurisdiction of the Meridian City Fire
Department, who currently shares resource and personnel with the Meridian Rural Fire
Department.
- The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office.
Once annexed, the lands will be serviced by the Meridian Police Department (MPD).
- The roadways adjacent to the subject lands are currently owned and maintained by the
Ada County Highway District (ACRD). This service will not change.
- The subject lands are currently serviced by the Meridian School District No. 2. This
service will not change.
- The subject lands are currently serviced by the Meridian Library District. This service
will not change and the Meridian Library District should suffer no revenue loss as a
result of the subject annexation.
Municipal, fee-supported, services will be provided by the Meridian Building Department,
the Meridian Public Works Department, the Meridian Water Department, the Meridian
Wastewater Department, the Meridian Planning Department, Meridian Utility Billing
Services, and Sanitary Services Company.
• Chapter V, Goal I, Objective A, Action 4 -Develop and maintain greenbelts along
waterways.
The applicant is proposing to construct a section of multi-use pathway on the site that will
connect to the future master pathway planned along the north side of the South Slough via a
pedestrian bridge at the northwest corner of the site.
• Chapter V, Goal I, Objective A, Action 11 -Improve and protect creeks (Five Mile, Eight
Mile, South Slough ...etc.) throughout commercial, industrial, and residential areas.
The South Slough, which runs along the northern boundary of this site, should be improved
and protected during development of the site.
• Chapter V, Goal I, Objective A.1 -Preserve and conserve our waterways, wetlands, wildlife
habitat, and other natural resources.
The South Slough, a natural waterway, runs along the northern boundary of this site. As a
natural waterway, it will remain open and should be preserved.
• Chapter VII, Goal I, Objective D, Action 9 -Require new residential development to provide
permanent perimeter fencing to contain construction debris on site and prevent windblown
debris from entering adjacent agricultural and other properties.
The applicant is proposing to construct a 6 foot tall chain link fence along the north property
boundary adjacent to the South Slough in accordance with UDC 11-3A-6B3. Six foot tall
vinyl fencing is proposed along the west property boundary. Temporary construction fencing
shall be constructed prior to release of building permits in all areas where permanent fencing
is not proposed, to contain debris during construction.
Regency at River Valley (revised) PAGE 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2008
• Chapter V, Goal III, Objective D, Action 3 -Require all new parking lots to provide
landscaping in internal islands.
Landscaping is shown on the landscape plan within the parking areas in planter islands for
the residential portion of the development. All parking lot landscaping shall be installed per
the standards listed in UDC 11-3B-8C.
Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from
incompatible land use development on adjacent parcels.
The applicant is proposing a residential zone adjacent to Redfeather Subdivision, a
residential subdivision, at the east boundary of the site and the existing residence at the
southwest corner of the site. The extension of Allys Way also separates this site from
Redfeather Subdivision. If the property adjacent to Eagle Road is zoned commercially as
proposed, a 25 foot wide landscape buffer is required to be constructed adjacent to
residential uses. Staff finds that the proposed residential development should be compatible
with the existing residential properties in the area.
• Chapter VII, Goal I, Objective C, Action 4 -Require new residential development to meet
development standards regarding landscaping, signage, fences, and walls, etc.
The Applicant will be required to construct a 20 foot wide landscape buffer along E. River
Valley Road that complies with UDC I1-3B-7, Landscape Buffers along Streets. All signage
proposed for the site must be approved through a sign permit and shall comply with UDC 11-
3D-10, Table 2. Fencing proposed on the site shall comply with UDC 11-3A-7.
• Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories
(low-, medium-, 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.
Staff believes that the proposed high-density multi family residential development will assist
in providing a variety of residential housing opportunities in the City.
9. UNIFIED DEVELOPMENT CODE
a. Schedule of Uses: Unified Development Code (LJDC) 11-2A-21ists multi-family developments as
a conditional use in the R-40 zoning district. Specific Use Standards (UDC 11-4-3-27) apply to
multi-family developments; please see Section 10, Analysis below for more information. UDC
Table 11-2B-2 lists several uses that are principal permitted uses, conditional uses, and prohibited
uses in the proposed C-C zoning district. Among the principal permitted uses are animal care
facilities; indoor/outdoor arts, entertainment or recreation facilities; building material, garden
equipment and supplies; churches, group daycares, education institutions, financial institutions,
flex space, fuel sales facility, healthcare or social services, information industry,. Laundromat,
mortuary, nursery or urban farm, parks, personal or professional service, public/quasi-public use,
restaurant, retail store, minor vehicle repair, vehicle washing facility, vertical integrated
residential project, etc.
b. Purpose Statement of the Proposed Districts:
Residential Districts: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a
range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to
the City of Meridian water and sewer systems is a requirement for all residential districts.
Residential districts are distinguished by the allowable density of dwelling units per acre and
corresponding housing types that can be accommodated within the density range.
Regency at River Valley (revised) PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2008
Commercial Districts: Per UDC 11-2B-1, 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.
Four 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.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation:
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1. Annexation & Zoning (AZ): Based on the policies and goals contained in the
Comprehensive Plan and the Future Land Use Map designation of Mixed Use -Regional,
Staff believes that the requested R-40 and C-C zoning districts are appropriate for this
property. u~^'.'.'-en'^-r C~^Fi' a--- --± h-~~- - ~''--± -- ....*;,,.. „s• ~w., ,.c ., ,...+:,.,. „~ *~,
:Staff believes that access to the portion of the property proposed to be
zoned C-C and all of the properties fronting Eagle Road/SFI 55, south of the South
Slough, should be provided from the south via a backage road that connects to the
future E. River Valley Road and that. across-access/ingress-egress. easement should be
provided to the properties to the north and south from the sub,iect property.~
Until
the residential property to the south re-develops, the proposed commercial portion of
the property will not be able to access E. River Valley Road, and should not use Eagle
Road aS access. ~tl~., c* cr ti i• ~~. ~ .,n ~ ,.~ +ti.. ..o.-+;o~ f ~ ~ .~
~ °b ~ub,~
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E~.-e~ ,
. Staff is recommending approval
of the annexation and zoning of 1.5 acres to C-C (see legal description & exhibit .map for
C-C zone in Exhibit C.3).
Staff is lieweve~ supportive of the requested R-40 zoning designation for the eastern
portion of the property proposed for .multi-family residential use for the following
reasons: The Comprehensive Plan future land use designation for this property of MU-
R allows for residential densities of 3 to 40 units per acre. The applicant is proposing
204 residential units within a proposed R-40 zoning district, which allows for the
property to develop within the desired densities stated in the Comprehensive Plan for
this area. Further, Staff believes that amulti-family development would be appropriate
and would contribute to the variety of uses in this area. For these reasons, Staff is
recommending of approval of the annexation and zoning of 10.56 acres to R-40 (see
legal description & exhibit map for R-40 zone in Exhibit C.2).
Please see Exhibit D for a detailed analysis of the required facts and findings for an
annexation & zoning request.
Regency at River Valley (revised) PAGE 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2008
The legal description submitted with the application (stamped on June 14, 2006 by Darin
Holzhey, PLS) is accurate and meets the requirements of the City of Meridian and Idaho
State Tax Commission.
UDC 11-SB-3D2 provides the Planning & Zoning Commission and City Council the
authority to require a property owner to enter into a Development Agreement (DA) with the
City of Meridian that may require some written commitment for all future uses. Because of
the nature of the development and the high density zoning district proposed by the
applicant, Staff believes that a DA is necessary to ensure that the site develops in a
manor that is consistent with said plans. Staff has included a list of recommended DA
provision below. If the Commission or Council feels additional development agreement
provisions are necessary, staff recommends a clear outline of the commitments of the
developer being required.
Development Agreement: A Development Agreement (DA) will be required as part of
annexation of this property. Prior to annexation approval, a DA shall be entered into between
the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and
the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433, within 6
months of City Council approval to initiate this process. The DA shall include, at minimum,
the following:
a. A maximum of 204 multi-family residential units shall be allowed to be constructed
on the site.
b. A minimum 5,868 square foot clubhouse shall be constructed on the site, as
proposed.
c. At a minimum, amenities shall be constructed on the site as proposed on the site
plan (i.e. clubhouse, water feature, swimming pool, walking trails, tot lot, gazebos,
etc.)..
d. All multi-family structures shall comply with the architectural standards listed in
UDC 11-4-3-27E. Structures shall be constructed on the site in accordance with the
elevations attached in Exhibit A.
e. The site/structures shall comply with the Specific Use Standards listed in UDC 11-4-
3-27 for multi-family developments. .
£ The applicant shall comply with the parking standards listed in UDC 11-3C-6 for
multi-family developments as follows: for 1 bedroom units, there shall be two
parking spaces with at least one in a covered carport. or garage; and for units with
more than one bedroom, 2 parking spaces shall be provided, both in a covered
carport or garage. No variance to this standard is granted.
g. A legally binding document shall be recorded that states 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.
h. Access to this site shall be provided from E. River Valley Road and an emergency
only access shall be provided from Allys Way. Access to Eagle Road is prohibited.
i. The applicant shall dedicate right-of--way and construct Allys Way in accordance
with ACHD standards, in alignment with Allys Way north of the site, on the north
side of Ustick Road, prior to release of occupancy of any structure on this site.
j. The applicant shall construct (or have available) at least half the street section of E.
River Valley Road (24 feet of pavement and 7-foot wide sidewalk) in accordance
with ACHD standards, prior to release of occupancy of any structure on this site.
k. All existing buildings on the site shall lie removed prior to release of building
permits for this development.
Regency at River Valley (revised) PAGE 10
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2008
1. Twenty-six foot wide private streets shall be provided within the site in accordance
with the standards listed in UDC 11-3F-4.
m. A 20-foot wide street buffer will be required along the future extension of E. River
Valley Road, per UDC Table 11-2A-8. Landscaping shall be provided in said
buffer in accordance with the standards listed in UDC 11-3B-7C, Landscape
Buffers along Streets. If NMID will not allow landscaping (i.e. trees) within their
easement for the Downey Sublateral and if there is not sufficient room outside of the
easement for the street buffer, the applicant shall provide an additional S foot wide
strip for landscaping outside of the NMID easement, per UDC 11-3B-7C1 b.
n. The Downey Sublateral easement along the southern boundary of the site shall
either be relocated so that structures do not encroach within the easement OR the
structures shall be relocated outside of the easement, prior to submittal of the first
Certificate of Zoning Compliance application for the parking and common areas.
o. A 20-foot wide street buffer will be required along Allys Way, per UDC Table 11-
2A-8. Landscaping shall be provided in said buffer in accordance with the standards
listed in UDC 11-3B-7C, Landscape Buffers along Streets.
p. Landscaping shall be provided on the site in accordance with the specific use
standards for multi-family developments listed in UDC 11-4-3-27F.
q. The applicant shall construct 6-foot tall vinyl fencing along the west property
boundary and 6-foot tall chain link fencing along the north side of the property
adjacent to the South Slough as depicted on the landscape plan. Temporary
construction fencing is required to be installed where permanent fencing is not
proposed, around the residential portion of the site prior to issuance of building
permits to contain debris during construction. Fencing shall be constructed in
accordance with the standards listed in UDC 11-3A-7.
r. A minimum 5-foot wide perimeter landscape buffer is required adjacent to parking
and vehicular use areas along the north boundary of the site and adjacent to the
existing residence on the west boundary of the site, per UDC 11-3B-8C. Said buffer
is required to be planted with one tree per 35 linear feet and shrubs, lawn, or other
vegetative ground cover. If NMID will not allow trees within their easement for the
South Slough, the applicant may apply for Alternative Compliance in accordance
with UDC 11-SB-S.
s. A 10-foot wide multi-use pathway and bridge over the South Slough shall be
constructed on the site in accordance with the Parks Department conditions
contained in Exhibit B and the standards in the Master Pathways Plan and UDC 11-
3A-8.
t. With the first CZC application, include mitigation details for the 9 existing trees on
the site, consisting of 120 caliper inches, proposed to be removed, in compliance
with UDC 11-3B-10. Contact Elroy Huff, City Arborist, 888-3579 for more
details.
u. The applicant shall submit a Certificate of Zoning Compliance (CZC) for approval
of all of the parking and common areas on the site prior to submittal of CZC's for
structures.
v. A Certificate of Zoning Compliance is required prior to issuance of a building
permit for any and all of the proposed multi-family structures within this
development. All structures must substantially comply with the building elevations
submitted with this application (see Exhibit A), the architectural standards listed in
UDC 11-4-3-27E for multi-family developments, and conditions of approval and
Regency at River Valley (revised) PAGE 11
CITY OF MER1DlAN PLANNING DEPARTMENT STAFF REPORT FOR THE H£AR1NG DATE OF MARCH 20, 2008
DA provisions listed in Exhibit B of this report. NOTE: A CZC application may
include multiple/all multi family structures within the development.
w. A Certificate of Zoning Compliance is required prior to issuance of a building
permit for the commercial portion of the development. Because the commercial
portion of the property is located adjacent to an entryway corridor (Earle
Road) the future structure(s) and site shall be subject to the design standards
listed in UDC 11-3A-19C.
x. Development of the C-C zoned portion of the site shall not occur until such time
as access is provided to/from E. River Valley Road or some other
frontage/backage street• direct lot access to Eagle Road is prohibited.
y. A backage road shall be constructed on the east side of the C-C zoned portion of
the site and across-access/ingress-egress easement shall be provided to the
properties to the north and south for an extension of the backage road and
future access to E River Valley Road. A copy said cross-access/ingress-egress
easement shall be provided to the Planning Department prior to issuance of the
issuance of a certificate of zoning compliance application for the first multi-
family building.
2. Conditional Use Permit (CUP): The applicant has submitted a site plan (stamped by Scott
Stanfield on ~3~188 3/12/08, included as Exhibit A.2). The site plan depicts 9 multi-farruly
residential structures consisting of a total of 204 residential units and a 5,868, square foot
clubhouse for the portion of the site proposed to be zoned R-40. These units consist of 28 1-
bedroom units consisting of 833 square feet (s.£) each; 20 1-bedroom Executive units
consisting of 871 s.f. each; 104 2-bedroom units consisting of 1,037 s.f. each; 28 2-bedroom
Executive units consisting of 1,110 s.f. each; and 24 3-bedrom units consisting of 1,228 s.f.
each (see floor plan of multi-family units in Exhibit A.10). The overall square footage of
residential uses proposed for the property is 209,144 s.f. The applicant states that this project
will not be phased but may take a couple of years to construct.
Parking is provided on the site for the multi-family units as follows: There are 7 garage
structures depicted on the plan that contain 6 parking spaces each for a total of 42 enclosed
spaces; 25257 carport parking spaces are provided that allow for a total of 2.95299 covered
spaces; and X3109 open stalls are provided for a total of 408 parking stalls provided on the
site (see covered parking analysis below for more information on compliance with UDC
standards).
,. •, ~ ,...~a i.,, Inc ; ...,,,,a ,.r inn per UDC 11-3C-SB, all off-street parking areas
shall be provided with a substantial wheel restraint to prevent cars from encroaching
upon abutting private and public property or overhanging beyond the designated
parking stall dimensions. Wheel stops are not depicted on the site plan. The applicant
must either install wheel stops for all parking adjacent to sidewalks or landscaping or
the sidewalk or landscape area may be widened 2 feet to allow for vehicle overhang, and
the stall length maybe reduced by 2 feet (from 19' to 17'). Bicycle parking is also
required on the site as follows: 1 bicycle parking space is required for every 25 proposed
vehicle parking spaces or portion thereof, per UDC 11-3C-6G. Because 408 parking
stalls are proposed on the site, 16 bicycle spaces are required to be provided. As a
provision of the DA, the applicant shall submit a Certificate of Zoning Compliance (CZC)
for approval of all of the parking and common areas on the site prior to submittal of CZC's
for structures.
Several amenities are proposed on the site in compliance with UDC standards (see amenities
analysis below for more information).
Regency at River Valley (revised) PAGE 12
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2008
The property proposed to be zoned C-C is included on the site plan with a conceptual plan of
how the property may develop in the future; however, no development of the 1.5 acre C-C
property is proposed at this time. If the property is annexed, a backage road should be
constructed along the east boundary of the commercial district, in compliance with the
standards listed in UDC 11-3H-4B3. Further, across-access/ingress-egress easement
should be provided to the properties to the north and south of the site. No development
of this site should occur until the backage road is connected to River Valley Road.
Per UDC 11-2A-2, Multi-family Developments require conditional use permit approval and
must comply with the Specific Use Standards listed in UDC 11-4-3-27 as follows:
a. Setbacks: Buildings shall provide a minimum setback of 10 feet, unless a greater
setback is otherwise required by the UDC. (UDC Table 11-2A-7 requires a greater
setback of 15 feet in the rear.) The building envelopes shown on the site plan meet the
minimum setback requirements stated. However, the structures shown along the south
boundary encroach approximately 12 feet into the Nampa Meridian Irrigation
District's easement for the Downey Sublateral. (See discussion below under "ditches,
canals, & laterals.')
b. Service areas: On-site service areas, outdoor storage areas, waste storage, disposal
facilities, and transformer or utility vaults shall be fully screened from view from any
public street. The Applicant shall comply with this requirement.
c. Private, usable open space: A minimum of 80 square feet of private, usable open space
shall be provided for each unit. This requirement can be satisfied through porches, patios,
decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not
count toward this requirement. Private usable open space is proposed for each unit that
exceeds the minimum amount required by the UDC. (1 bedroom units contain 84 square
feet of deck area, and 2 & 3 bedroom units contain 81 square feet of deck area.)(See
floor plan attached in Exhibit A.10.) Staff is supportive of the proposed private, usable
open space.
d. Developments with 20 units or more shall provide the following: A property
management office, a maintenance storage area, a central mailbox location (including
provisions for parcel mail), and a directory and map of the development at a convenient
location. This development does contain more than 20 units and will comply with this
requirement. A property management office and central mailbox location with parcel
storage is proposed within the clubhouse (see clubhouse floor plan in Exhibit A.11). A
directory and map of the development is shown at the entrance of the development on the
landscape plan (see Exhibit A.3). The applicant states that the maintenance storage area
will be located within garage building #1. Staff is supportive of the proposed amenities.
e. Covered Parking: UDC 11-3C-6 requires that multifamily developments shall provide
parking as follows: for 1 bedroom units, there shall be two parking spaces with one in a
covered carport or garage; and for units with more than one bedroom, 2 parking spaces
shall be provided in a covered carport or garage. The site plan shows 481-bedroom
units, which requires 48 covered spaces and 48 uncovered spaces. The site plan shows
156 units with more than 1 bedroom, which requires 312 covered spaces. A total of 408
stalls; 360 covered spaces and 48 uncovered spaces are required on the site. The
applicant has provided 39-5 299 covered spaces and x-3109 uncovered spaces. A
variance is requested for a reduction in the number of covered parking spaces required
from 360 to 39-5 299. Staff is not supportive of the proposed parking variance. (see
Variance analysis below)
Regency at River Valley (revised) PAGE 13
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2008
£ Common Open Space Design Requirements: UDC 11-4-3.27C requires a minimum of
250 square feet of outdoor common open space for each unit containing more than 500
square feet and up to 1,200 square feet of living area, and 350 square feet for each unit
containing more than 1,200 square feet of living area. (The common open space shall be
not less than 400 square feet in area, and shall have a minimum length and width
dimension of 20 feet.) Based on the square footage of the proposed units, a total of
53, 400 square feet of common open space is required; 83, 312 square feet of open space
is proposed on the site plan, which complies with this requirement.
£ Amenities: UDC 11-4-3.27 requires that multi-family developments with 75 units or
more provide 4 amenities with at least one from each category (i.e. quality of life, open
space, or recreation). Further, for multi-family developments with more than 100 units,
the decision making body shall require additional amenities commensurate to the size of
the proposed development. Because 204 units are proposed with this development at
least 4 amenities are required. Staff believes that the applicant more than complies with
this requirement by providing the following qualifying amenities: 1) walking trails, 2)
clubhouse, 3) water feature, 4) swimming pool, S) a putting green, 6) several gazebos,
and 7) a tot lot.
g. Elevations: Elevations are required to meet the architectural standards set forth in iJ'DC
11-4-3-27E. The applicant is proposing 9 multi family structures, 5 ojwhich consist of
different elevations (they aren't all the same). The structures are all proposed to have
brick veneer masonry, stucco, stone veneer, and fiberglass-reinforced asphalt shingles.
All of the structures are 2-3 stories in height, have the same architectural design and
appearance but are different in size based on how many units they contain. One single-
story clubhouse structure is also proposed with the same construction materials as the
multi family structures. No colors are listed for the structures on the elevations but the
colored drawing the applicant submitted contained in Exhibit A.6 depict 4 different
colors on one structure. All of the structures within the development should have a mix of
colors and materials as depicted on the colored elevation and architectural elevations
contained in Exhibit A. The proposed elevations appear to comply with the architectural
standards. If approved, full compliance with the elevation requirements cited in UDC 11-
4-3-27E, and the elevations submitted with the subject CUP, will be required with the
future issuance of Certificate of Zoning Compliances on this site.
h. Landscaping: Per UDC 11-4-3-27, all street facing elevations shall have landscaping
along their foundation. The foundation landscaping shall meet the following standards:
- The landscaped area shall be at least 3-feet wide;
- For every 3 linear feet of foundation, an evergreen shrub having a minimum mature
height of 24 inches shall be planted; and
- Ground cover plants shall be planted in the remainder of the landscaped area.
i. Maintenance and Ownership Responsibilities: Per UDC 11-4-3-27G, a legally binding
document shall be recorded that states the maintenance and ownership responsibilities for
the management of the development, including, but not limited to, structures, parking,
common areas, and other development features.
Access: Access to the site is proposed from
the future River Valley Road and an emergency only access to/from
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Regency at River Valley (revised) PAGE 14
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2008
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However, Staff spoke with Matt Edmonds at ACRD and he stated that the applicant
will be required to construct half the street section of E. River Valley Road abutting the site
consisting of 24 feet of pavement and a 7-foot wide sidewalk (as proposed by the applicant).
The applicant is proposing to dedicate and construct the whole right-of--way for Allys Way on
the eastern portion of the site. Matt did not think that an emergency access point to Allys (as
required by City Staff) to/from the site would be a problem. Further, ACHD is requiring a
road trust deposit for half of the construction cost of the bridge over the South Slough.
Stub Streets•'`r .«_ ~. «-e°«~ "_° r 1 °a ^^ «>,° °`«° ~'" .The Fire Department is
requesting that a stub street be provided from the site to Allys Way because of fire code
requirements for the number of dwellings proposed; the applicant has revised the site
plan to include an emergency only access to Allys Way, which staff is supportive of.
Staff has included a condition requiring construction of and access to Allys Way for this
development.
Ally's Way: The future alignment of Ally's Way, which exists north of the site, north of
Ustick Road at the '/ mile, lies along the eastern boundary of the subject property. As part of
the development of this site, the applicant will be required to dedicate right-of--way and
construct Allys Way in accordance with ACRD standards. Further, staff has included a
DA provision that an emergency only access be provided to/from Allys Way for this
development.
Existing ResidencesBuildings: The site currently contains some existing outbuildings that
were associated with a previous residence. The remainder of the site consists of vacant land.
All existing buildings shall be removed prior to release of building permits for this
development.
Fencing: The applicant is proposing to construct 6-foot tall vinyl fencing along the west
property boundary and 6-foot tal'1 chain link fencing along the north side of the property
adjacent to the South Slough. Temporary construction fencing is required to be installed
where permanent fencing is not proposed, around the residential portion of the site prior to
issuance of building permits to contain debris during construction. Fencing shall be
constructed in accordance with the standards listed in UDC 11-3A-7.
Landscape Plan: The applicant submitted a conceptual landscape plan for the residential
portion of the site dated ~ 1/08. The applicant should note the following and/or make
revisions to the landscape/site plan as follows:
• Per UDC Table 11-2A-8, a 20-foot wide street buffer will be required along the
future extension of E. River Valley Road, as proposed. If NMID will not allow
landscaping (i a trees) within their easement for the Downey Sublateral and if
there is not sufficient room outside of the easement for the street buffer, the
applicant shall provide an additional 5 foot wide strip for landscaping outside of
the NMID easement per UDC 11-3B-7Clb;
Regency at River Valley (revised) PAGE 15
CITY OF MERIDIAN PLANNING DEPARTMENT STAFf REPORT FOR THE HEARING DATE OF MARCH 20, 2008
• Per UDC Table 11-2A-8, a 20-foot wide street buffer will be required along Allys
Way;
• Per UDC Table 11-2A-8, a 35-foot wide street buffer will be required along Eagle
Road/SH 55, an entryway corridor (upon development of the commercial portion of
the site when annexed).
• If the property proposed to be annexed with a C-C zoning district is annexed, and at
the time of CZC submittal there is a residence adjacent, a 25-foot wide buffer shall be
provided along the east and/or south boundaries of the commercial site.
• Per UDC 11-3B-8C, a 5-foot wide perimeter landscape buffer is required
adjacent to parking and vehicular use areas along the north boundary of the site
and adjacent to the existing residence on the west boundary of the site. Said
buffer is required to be planted with one tree per 351inear feet and shrubs,
lawn, or other vegetative ground cover. If NMID will not allow trees within their
easement for the South Slough, the applicant may apply for Alternative Compliance
in accordance with UDC 11-SB-5.
• A 10-foot wide multi-use pathway and bridge over the South Slough shall be
provided on the site in accordance with the Parks Department conditions contained in
Exhibit B and the standards in the Master Pathways Plan and UDC 11-3A-8.
• With the first CZC application, include mitigation details for the 9 existing trees on
the site, consisting of 120 caliper inches, proposed to be removed, in compliance with
UDC 11-3B-10. Contact Elroy Huff, City Arborist, 888-3579 for more details.
• A detailed landscape plan shall be submitted with the CZC application per the
requirements on the CZC checklist, the conditions of approval noted in Exhibit B, in
accordance with the standards listed in UDC 11-3B.
A detailed review of the final landscaping on this site will take place with the first
Certificate of Zoning Compliances) application for the parking areas on this site. The
aforementioned notes/revisions should be reflected on a revised plan submitted with the
CZC application.
Mitigation: The site plan depicts 9 existing trees, consisting of 120 caliper inches, on the site
that are proposed to be removed upon development of the property. Per UDC 11-3B-10,
mitigation is required for all existing trees 4-inch caliper or greater removed form the site
with equal replacement of the total calipers lost on site up to an amount of 100% replacement.
Staff recommends that the applicant comply with the mitigation standards listed in UDC 11-
3B-IOC.
Multi-Use Pathway: The Parks Department has submitted the following analysis on the
multi-use pathway required on this site:
The Meridian Pathways Master Plan depicts a future public pathway along the north side
of the South Slough (aka Finch Lateral or Finch Creek), which crosses the canal near the
location of the future Pedestrian Bridge depicted on the site plan, continues south
through the subject property and connects to the intersection of River Palley Road and
Eagle Road.
With the recent annexation of the Meridian Town Center property, we expect to have a
future pathway built in the proposed 60-acre park along the south side of the South
Slough, east of Alley's Way/Records Drive. This will provide for another future pathway
connection point. To connect with the future pathway in 60-acre park site, we
Regency at River Valley (revised) PAGE 16
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2008
recommend constructing the sidewalk along the north side of River Valley Street as a 10-
foot, detached multi-use pathway.
A north/south public pathway connection through the project, '
D,..z.,.,,,.,.. ~,r~°*~•- D,,,,~ is also required between River Valley Street and the pedestrian
bridge. The applicant has agreed to make the connection, but has requested that this
connection be allowed to be 5 feet wide (on the proposed sidewalks) instead of the
standard 10 feet wide due to potential impacts to the project.
st~r~la~~l~i~te~l tit-b'z'' '.~~ Staff supports this request provided the applicant
maintains the narrower pathway, sign it for the public, and construct a 10-foot
north-south connection .along Ally's Way. (Please see conditions of approval in Exhibit
B.)
Ditches, Laterals, and Canals: The South Slough runs along the northern boundary of this
site. The Downey Sublateral runs along the southern boundary of the site. Per UDC 11-3A-6
all irrigation ditches, laterals or canals, exclusive of any natural waterway, that intersect,
cross or lie within the area being subdivided shall be covered. The South Slough is a natural
waterway and will remain open; the Downey Lateral shall be covered. Per the
Comprehensive Plan, the South Slough should be improved and protected with
development of this property.
Note: The structures depicted on the site plan along the southern boundary encroach
approximately 12 feet within Nampa Meridian Irrigation District's easement for the
Downey Sublateral. Staff spoke with Steve Earl, Mason & Stanfield, regarding this issue
and he stated that the lateral was going to be relocated 25 feet to the south. If the lateral is
relocated, the structures would no longer be within the easement. At the time of CZC
application, the easement should have already been relocated, OR the structures shall be
relocated outside of the easement. The applicant should submit a letter from NMID prior to
the next Commission action on this project documenting that they are amenable to
relocating the lateral and easement. ,
. ,
' . If NMID
will not allow landscaping (i.e. trees) within their easement for the Downey Sublateral and
if there is not sufrcient room outside of the easement for the street buffer, the applicant
shall provide an additional S-foot wide strip for landscaping outside of the NMID
easement, per UDC ll -3B-7C1 b;
Pressure Irrigation: The City of Meridian requires that pressurized imgation systems be
supplied by a year-round source of water. The applicant should be required to use any
existing surface or well water for the primary source. If a surface or well source is not
available, asingle-point connection to the culinary water system shall be required. If a single-
point connection is used, 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.
Certificate of Zoning Compliance (CZC): Staff is requesting as a DA provision, that a
CZC application be submitted for approval of all parking and common areas on the site
prior to submittal of CZC's for structures on the site. Additionally, a Certificate of
Zoning Compliance is required prior to issuance of a building permit for any and all of the
Regency at River Valley (revised) PAGE 17
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2008
proposed multi-family and/or commercial structures within this development. All structures
must substantially comply with the building elevations submitted with this application (see
Exhibit A), the architectural standards listed in UDC 11-4-3-27E for multi-family
developments, and conditions of approval and DA provisions listed in Exhibit B of this
report. Additionally, any future structure(s) proposed on the commercial portion of the
development is required to comply with the design standards listed in UDC 11-3A-19C for
structures located along entryway corridors. NOTE: A CZC application may include
multiple/all multi family structures within the development.
Private Streets: The applicant is not proposing private streets within this development. For
addressing purposes, the Fire Department and Public Works is requesting that private
streets be provided within this development. The applicant shall submit a Private Street
application to the City prior to the next Commission meeting. Per UDC 11-3F-4, all private
streets shall be designed and constructed to the following standards:
A. Design standards:
1. Easement: The private street shall be constructed on a perpetual ingress/egress
easement or a single platted lot that provides access to all applicable properties.
2. Connection point: Where the point of connection of the private street is to a
public street, the private street shall be approved by the Transportation Authority.
3. Emergency vehicle: The private street shall provide sufficient maneuvering area
for emergency vehicles as determined and approved by the Meridian Fire
Department.
4. Gates: Gates or other obstacles shall not be allowed.
B. Construction standards:
1. For conversion of an existing facility to a private street at the direction of the Fire
Marshall:
a. All drive aisles shall be posted as fire lanes with no parking allowed.
b. If a curb exists next to the drive aisle, it shall be painted red.
2. For all other private streets:
a. Roadway and storm drainage: The private street shall be constructed in
accord with the roadway and storm drainage standards of the Transportation
Authority or as approved by the City of Meridian based on plans submitted
by a certified engineer.
b. Street width: The private street shall be constructed within the easement and
shall have a travel lane width of twenty-four (24) feet or twenty-six (26) feet
as determined by the Fire Marshal relative to the height and size of the
proposed structures that adjoin the private street. Due to the height of the
proposed structures, the Fire Department is requiring a travel lane of 26
feet.
req#irentent: The site plan has been revised and appears to meet this
requirement• however, there is not a street width dimension depicted for
Castle Way and Monarch Lane on the eastern portion of the site. The
applicant shall comply with this requirement.
Regency at River Valley (revised) PAGE 18
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2008
c. Sidewalks: Afive-foot (5') attached sidewalk or four-foot (4') detached
sidewalk shall be provided on one side of the street in commercial districts.
This requirement may be waived if the applicant can demonstrate that an
alternative pedestrian path exists. Five foot wide detached sidewalks are
proposed in front of the structures adjacent to parking.
d. Fire lanes: All drive aisles shall be posted as fire lanes with no parking
allowed. In addition, if a curb exists next to the drive aisle, it shall be painted
red.
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Applicant
withdrew request for temporary access at the Commission hearing on March 6, 2008.
4. Variance (VAR-08-002): The applicant is requesting approval of a Variance to UDC Table
11-3C-6 for a reduction in the number of parking spaces required for multi-family dwellings
in covered carports or garages. UDC 11-3C-6 requires multi-family dwellings with 1
Regency at River Valley (revised) PAGE 19
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2008
bedroom to have 2 parking spaces per unit, 1 in a covered carport or garage. The site plan
shows 48 -bedroom units, which requires 48 covered spaces and 48 uncovered spaces.
Multi-family dwellings with more than 1 bedroom are required to have 2 parking spaces per
unit in a covered carport or garage. The site plan shows 156 units with more than 1 bedroom,
which requires 312 covered spaces. A total of 360 covered spaces and 48 uncovered spaces
are required on the site (408 total spaces required). The applicant has provided X93 299
covered spaces and ~-3 l09 uncovered space (408 total spaces proposed). A variance is
requested for a reduction in the number of covered parking spaces required from 360 spaces
to X93 299 spaces. The reason for the variance is that an 80-foot wide Nampa Meridian
Irrigation District (N1VIID) easement exists along the entire northern boundary of the site
where the South Slough is located. NMID does not allow permanent structures to be built
within their easement.
In order to grant a variance, the City Council is required to make the following findings (per
UDC 11-SB-4E):
a. The variance shall not grant a right or special privilege that is not otherwise allowed
in the district;
b. The variance relieves an undue hardship because of characteristics, ofthe site; and
c. The variance shall not be detrimental to the public health, safety, and welfare.
Staff has reviewed these findings and while Staff does not believe that granting the requested
variance would be detrimental to the public health, safety, and welfare, Staff does find that
granting the subject variance would allow a right or special privilege that is not otherwise
allowed in the district for multi-family developments. Further, Staff does not believe an
undue hardship exists because of characteristics of the site in which the City should grant a
variance. Staff believes that a residential structure(s) could be removed and the site
redesigned in order to have additional room for the amount of UDC required covered
parking spaces.
For these reasons, Staff recommends that the requested variance for a reduction in the
number of covered parking spaces required be denied and the required parking be
provided on the site per UDC requirements. (Please see Exhibit D for a detailed analysis
of the required facts and findings for a variance request.)
b. Staff Recommendation: c+ cr • a• ~ •r' ~. +~ ++-° ~~+° ~ ~^
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..Staff is generally supportive of the requested annexation &
zoning of 10.56 acres to R-40,'~••* ~° ^^• °••^^^~'~••° ^f and the request for annexation & zoning
of 1.5 acres to C-C (see Analysis, Section 10, for more information). Further, staff is generally
supportive of the CUP for amulti-family development, but is not supportive of °~~f the
requested Variance applications. Therefore, staff recommends approval of the subiect AZ
and CUP applications and denial of the subject VAR application. See the Analysis in
Section 10 and the Findings in Exhibit D of the staff report.
11. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
Regency at River Valley (revised) PAGE 20
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2008
2. Site Plan (dated: X86 3/12/08)
3. Landscape Plan (dated: „'z,-~ 1/08)
4. Elevations for Building A
5. Elevations for Buildings B & C
6. Colored Elevations for Buildings B & C (24 unit structure)
7. Elevations for Buildings D, E, & F
8. Elevations for Buildings G & H
9. Elevations for Building I
10. Floor Plans ofMulti-Family Units
11. Clubhouse Elevations & Floor Plan
12. Gazebo Elevations
13. Garage Buildings #1 & #7 -Elevations & Floor Plan
14. Garage Buildings #2, 3, 4, 5, & 6 -Elevations & Floor Plan
B. Comments/Conditions of Approval
1. Planning Department (DRAFT)
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
C. Legal Descriptions & Exhibit Maps
1. Proposed Annexation Area
2. Proposed R-40 Boundary
3. Proposed C-C Boundary
D. Required Findings from Unified Development Code
Regency at River Valley (revised) PAGE 21
CITY OF MERLDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2008
A. Drawings
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAR6NG DATE OF MARCH 20, 2008
2. Site Plan (dated: ~Kf96 3/12/08)
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3. Landscape Plan (dated: ~ 1/08)
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4. Elevations for Building A
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5. Elevations for Buildings B & C
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2008
6. Colored Elevations for Buildings B & C (24 unit structure)
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TH£ HEARING DATE OF MARCH 20, 2008
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8. Elevations for Buildings G & H
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9. Elevations for Building I
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2008
10. Floor Plans ofMulti-Family Units
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2008
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2008
13. Garage Buildings #1 & #7 -Elevations & Floor Plan
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2008
14. Garage Buildings #2, 3, 4, 5, & 6 -Elevations & Floor Plans
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2008
B. e~s/Conditions of Approval
1. PLANNING DEPARTMENT (DRAFT)
1.1 Annexation & Zoning Comments
1.1.1 The legal description submitted with the application (stamped on June 14, 2006 by Darin
Holzhey, PLS) is accurate and meets the requirements of the City of Meridian and Idaho State
Tax Commission
1.1.2 The applicant's request for annexation and zoning of 10.56 acres to R-40 is approved. The
applicant's request for annexation and zoning of 1.5 acres to C-C is n~ approved.
1.1.3 Prior to annexation ordinance approval, the applicant shall enter into a Development Agreement
with the City. Said Development Agreement shall be signed within 6 months of the City
Council's approval of this application. See section 10 above for analysis and comments regarding
the Planning Department recommended Development Agreement provisions.
1.2 Site Specific Requirements -Conditional Use Permit
1.2.1 The site plan, labeled as Sheet 1 of 1, prepared by Mason & Stanfield, Inc., stamped by Scott
Stanfield on X98 3/12/08, is ~ approved with the conditions. stated herein. ^ «'°~~« , n a.,.,~
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comments of the accompanying Annexation & Zoning (AZ-08-003) application shall also be
considered conditions of the Conditional Use Permit (CUP-08-004).
1.2.2 The landscape plan, prepared by Bach Homes, dated 1/08, is approved with the following
modifications/notes:
a. Per UDC Table 11-2A-8, a 20=foot wide street buffer is required along the fixture extension of
E. River Valley Road. If NMID will not allow landscaping (i.e. trees) within their easement
for the Downey Sublateral and if there is not sufficient room outside of the easement for
the street buffer, the applicant shall provide an additional S-foot wide strip for landscaping
outside of the NMID easement, per UDC 11-3B-7C1b;
b. Per UDC Table 11-2A-8, a 20-foot wide street buffer is required along Allys Way;
c. Per UDC Table 11-2A-8, a 35-foot wide street buffer will be required along Eagle Road/SH
55, an entryway corridor (upon development of the commercial portion of the site when
annexed).
d. A 25-foot wide buffer shall be provided along the east side of the C-C zoned portion of
the site adiacent to the multi-family development, and along the south side of the C-C
zoned portion of the site if a residence exists at the time of CZC submittal.
e. Per UDC 11-3B-8C a 5-foot wide perimeter landscape buffer is required adiacent to
parking and vehicular use areas along the north boundary of the site and adiacent to
the existing residence on the west boundary of the site. Said buffer is required to be
planted with one tree per 351inear feet and shrubs, lawn, or other vegetative ground
cover.
£ Include mitigation details for the 9 existing trees on the site, consisting of 120 caliper inches,
proposed to be removed, in compliance with UDC 11-3B-10.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2008
g. Per UDC 11-4-3-27, all street facing elevations shall have landscaping along their foundation.
The foundation landscaping shall meet the following standards:
• The landscaped area shall be at least 3-feet wide;
• For every 3 linear feet of foundation, an evergreen shrub having a minimum mature
height of 24 inches shall be planted; and
• Ground cover plants shall be planted in the remainder of the landscaped area.
h. A 10-foot wide multi-use pathway and bridge over the South Slough shall be provided on the
site in accordance with the Parks Department conditions contained below in Section 5, the
standards in the Master Pathways Plan, and UDC 11-3A-8.
Where the applicant has submitted a preliminary landscape plan and where staff has reviewed
such plan, the landscaping shall be consistent with the preliminary plan with modifications as
proposed by staff. The proceeding modifications and notes should be shown on a revised
landscape plan submitted with the Certificate of Zoning Compliance application(s).
1.2.3 A complete Private Street application for streets within this development shall be submitted
at least 10 days prior to the City Council meeting.
Twenty-six foot wide private streets shall be constructed within this development in accordance
with the standards listed in UDC 11-3F-4.
1.2.4 The applicant must either install wheel stops for all parking adjacent to sidewalks or landscaping
or the sidewalk or landscape area maybe widened 2 feet to allow for vehicle overhang, and the
stall length maybe reduced by 2 feet (from 19' to 17'), per UDC 11-3C-SB.
1.2.5 Bicycle parking is required to be provided on the site. Per UDC 11-3C-6G, 1 bicycle parking
space is required for every 25 proposed vehicle parking spaces or portion thereof.
1.2.6 The applicant should submit a letter from Nampa Meridian Irrigation District ~ie~-to-tl~e
documenting that they are amenable to relocating the Downey
Sublateral and easement that currently exists along the southern boundary of the site. If
NMID is not amenable to relocating the easement, the site plan shall be revised so that
structures are located outside of the easement. Additionally, if NMID will not allow
landscaping (i. e. trees) within their easement and there is not sufficient room outside of the
easement for the required street buffer along River Valley Road, an additional S foot wide strip
shall be provided for street buffer landscaping.
. ~ t t r « a • r mr i ~ ~r ~ ~«i.o re e~«oa . o „« ,. .oar
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1.2.10 The applicant shall dedicate right-of--way and construct Allys Way in accordance with ACRD
standards, in alignment with Allys Way north of the site, on the north side of Ustick Road. A stub
street shall be constructed for emergency access only to/from the site to/from Allys Way
that meets the Fire Department's turning radius requirements stated below in #3.3.
1.2.13 Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways, and
waterways being used as amenities, that intersect, cross or lie within the area being subdivided
shall be covered. Plans will need to 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 prior to construction plan approval. If lateral users association approval
can not be obtained, alternate plans will be reviewed and approved by the City Engineer.
1.2.16 All signage for the site requires approval of a sign permit. All signage must comply with UDC
11-3D-8I and 11-3D-10, Table 2, for subdivision identification signs.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2008
1.2.17 An underground, pressurized irrigation system shall be installed to all landscape areas within the
development per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-
1-28.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is being proposed via extension of mains in North
Eagle Rd. The applicant shall install mains to and through this subdivision; the applicant shall
coordinate main size and routing with the Public Works Department, and execute standard forms
of easements for any mains that are required to provide service. Minimum cover over sewer
mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate
materials shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2.2 Water service to this site is being proposed via extension of mains in N Eagle Road. The
applicant shall be responsible to install water mains to and through this development, coordinate
main size and routing with Public Works.
2.3 The applicant shall provide a 20-foot common lot for all public water/sewer mains outside of
public right of way. The common lot shall be covered with a blanket easement to the City of
Meridian.
2.4 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public
right of way (include all water services and hydrants). The easements shall not be dedicated via a
plat, but rather dedicated outside the plat process using the City of Meridian's standard forms.
Submit an executed easement (on the form available from Public Works), a legal description,
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.
2.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, asingle-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
issuance of building permits.
2.6 All existing structures that are required to be removed shall be prior to issuance of building
permits.
2.7 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 issuance of building permits.
2.8 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.
2.9 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.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TH£ HEARING DATE OF MARCH 20, 2008
2.10 Street signs are to be in place, water system shall be approved and activated, fencing installed,
drainage lots constructed, road base approved by the Ada County Highway District and the Final
Plat for this subdivision shall be recorded, prior to applying for building permits.
2.11 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, pressurized imgation, sanitary sewer, water, etc., prior to
issuance of building permits
2.12 All development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.13 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to issuance of building
permits
2.14 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.
2.15 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that maybe required by the Army Corps of Engineers.
2.16 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.17 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.18 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.
2.19 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 the multifamily buildings is at least 1-foot above.
2.20 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 imgation district
or ACRD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.21 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.
2.22 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by
the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical
locations are at street intersections and/or fire hydrants. Final design locations and quantity are
determined after power designs are completed by Idaho Power Company. The street light
contractor shall obtain design and permit from the Public Works Department prior to
commencing installations.
3. FIRE DEPARTMENT
3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water
quality by the Meridian Water Department for bacteria testing.
3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2008
a. Fire Hydrants shall have the 4 ''/z" outlet face the main street or parking lot aisle.
b. The Fire hydrant 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'.
£ Fire hydrants shall be place 18" above finish grade.
g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000~feet of the project.
3.3 Al'1 common driveways shall be straight or have a Turning radius of 28' inside and 48' outside and
shall have a clear driving surface which is 20' wide.
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3.4 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather
surface are required before combustible construction is brought on site.
3.5 To increase emergency access to the site a minimum of two points of access will be required for any
portion of the project, which serves more than 50 homes. The two entrances should be separated
by no less than '/: the diagonal measurement of the full development. The applicant shall provide
a stub street to the property from Allys Way at the east boundary of the site. See fire code 503.1.2 for
multi-family developments over 200 units. The applicant has revised the site plan to include an
emer~ency access to Allys Wav: however, in order for this to meet the aforementioned
requirement a street connection needs to be provided either north to Ustick or through the
CenterCal proiect to Fairview
3.6 Commercial and office occupancies will require afire-flow consistent with the International Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
3.7 The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost of this installation is to be
borne by the developer.
3.8 Maintain a separation of 5' from the building to the dumpster enclosure.
3.9 Provide a Knox box entry system for the complex prior to occupancy.
3.10 The first digit of the Apartment/Office Suite shall correspond to the floor level.
3.11 The Fire Dept. has concerns about the addressing of the existing house and the address being
visible from the street which the project is addressed off o£ Please contact the Addressing
Specialist at 898-5500 to address this concern prior to the public hearing.
3.12 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official. For buildings equipped
throughout with an approved automatic sprinkler system installed in accordance with Section
903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183
m).
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2008
3.13 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered.
3..14 There shall be a fire hydrant within 100' of all fire department connections.
3.15 Buildings over 30' in height are required to have access roads in accordance with The International
Fire Code Appendix D Section D105. The 26' wide roads shall be required to be a max of 30'
from the building, and shall be positioned parallel to one entire side of the building. The fire
sprinkler system is required to be upgraded to a NFPA 13; contact the Fire Department.
3.16 Emergency response routes and fire lanes shall not be allowed to have speed bumps.
3.17 Pool chemicals shall be stored in compliance with the International Fire Code.
3..18 Multi-Family and Commercial projects shall be required to provide additional 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 complaint Handicap parking stalls may be included to assist meeting this
requirement. Contact the Meridian Fire Department for details per IFC Section 504.1.
3.19 Private streets are required within the development for addressing purposes.
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to the site design submitted with the application.
5. PARKS DEPARTMENT
5.1 Applicant shall construct the sidewalk along the north side of River Valley Street as a 10-foot
wide, aa~~multi-use pathway. A detached pathway is strongly preferred, pending
approval by ACRD and NMID Applicant shall cover the cost of replacing the detached
pathway if necessary due to future. irrigation facility maintenance.
.., ~. ...~.b ...... .. ....
5.2 Applicant shall construct ' ^ r + 'a '+~ +'' - , +''-°.,"'' " °^+ ~-Y-cc+:""''°+.'.°°"
D~••°- "~"°~• ~+-°°+ ~~a +''° ~°a°°+w.,.. ~.-:a^° the. sidewalk along the west side of Ally's Way as
a 10-foot wide multi-use pathway.
5.3 Applicant shall construct a 5-foot wide minimum multi-use pathway through proiect,
connecting between River Valley Street and the pedestrian bridge. Applicant shall
maintain the 5-foot path section and sign it for public access.
5.4 Applicant shall design a pedestrian crossing at the South SloughlFinch Lateral, secure necessary
permits from the irrigation district and City floodplain administrator, prepare cost estimates, and
provide funds in a trust for half the cost of constructing the crossing.
5.5 All pathways, except as noted in these conditions of approval,. shall be built to the minimum
standards published in the Comprehensive Parks & Recreation System Plan, pgs. 3-2 through 3-4,
sections B and C.
5.6 An easement shall be provided for public access to and maintenance of the pathways. The City
will not assume maintenance of the pathway until it connects from one major arterial road to
another, unless otherwise agreed to by the Parks & Recreation Department.
6. SANITARY SERVICE COMPANY
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2008
0
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The site plan has been revised to comply with SSC requirements.
7. ADA COUNTY HIGHWAY DISTRICT
As of the print date of this report, comments have not been received from ACHD on this
application.
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Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2008
C. Legal Descriptions & Exhibit Maps
1. Proposed Annexation Area
MASON & STANFIELU, INC.
PROJ~'ESSIONAL E1VGlVEERS, I.A1VD S!lRVEYORS Bc PLAN.N~'R5
3fi4 Bnn10~A SixEE"r T'~~c>rion~e: (20A) 454-0256
Gnt:~wEti, iDAEO t3605 Fnxs (208j 454-04"19
Emnil: dhotzhey~mseng.us
1=0It: Bac}i Builders
~oB NO.: rrvt2os
DA'Z'E: Aprit 1;8, 200E
:REVISED ANN)h,XA'TION
pR~PER'f`Y DESCItIP'I'ION
II~ETLI2M17\'Tl)13Y:REGORA'DA'Y'A
A parcel. of.land being a portion of the SW l/4 NW i 4' of Section 4, Township 3 North, Range 1
Jasi,, $oise Meridian, Ciry of Meridian, Ada County Idaho, as shown. on that eertFin Record of
Survey No. 6638, recorded as lnsm~ment No. ] Q41:2401$ on Sept. 28, 2U04 in the Qt~ce of the
Recorder of Ada County, Idaho,'by Andersorn Survey<Group, [nc.:foi Brawn Weiss;':more'
particularly'described as follows:
Commencing at the NW comer of said SW 1:/4 NW 1/4, (1Viirth 1 /16 corner common to sections 4
and 5); said corner Bears S.'00° 3t° t28" W., a distance Qf .1291:Y7 feet from the NW corner of said
S:oction. 4;
Thence. S. 00° 36' a l" W, a distance flf 776.26 feet; .(forrrscrly South), along the, westerly boundary
of said SW i/4 NW :i74 to the POINT OF BECIIVNII~IG;;
Thence S. 89°'23' 49" 1.; a distance of 70:Q0 feet; (formerly East), to a point. on the easterly
boundary" of that certain. Warranty Decd recorded as Instrument No.95018434 in the Office of the
Recorder of Ada County,.ldaho, said point ntonuinented with a found 378 inch diameter iron..pin
marked "ASG CIS 7314";
I`hence along t}e boundary of said Record of Survey No. 6638'. the following. courses aad distances:
TFience continuing S. 8.9° 23' 49"'E., a distance of 230.00 feet, (formerly`East), to a found 578 inch
dismete. iron pin marked "ASG PLS 7314"
Thence N. 00° 36' ] 1"E., a distance of 21';8:08. Feet; (formerly North 218':05 fe~ef), to a point on the
southerly boundary of,that certain "Ipele~ination of Heirs", Case No: SP lE'0300520Iv1, recorded
as Lrslzument No.1!04047Q79 in the Office of the'Recorder of.Ada County, Idsho, said'.point
witnessed S. 00° 3.6' l l" W„ a distance of 40.Otx feet with,a found 5L8 inch. diameter iron pin.
marked "ASGPIS 2334";
Thence continuing along the boundary bf~said Record of Stu-vey No. 6ti38 and Hlong the-southerly
boundary of said instrument No: 1040,47079 the following courses. and' distances:
Thence N. $4° 26' 1 l'" ~., a distance of 17.:93 feet, (formerly N. 83° SU'E )' ~to a point;
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2008
M1USON & SI'A1.FI'k1.tl iiVC,
PQpFESS'10,~Gi6 ENG1n~ERS, LAlYD,SURVRYORS, Bi P,UA7VEAtS
Page 2 of 3
"Bach Btiilders: Multi Family,T1V 12051Surycylle~lslRevisud Annex:dctc
1~tenCZ S. 65° l 8' 49" E.S a~ distance ofZ64.0O feet,(forinerly S. t6° 55'E.), to a point, said point
referenced S. 45° 26° 11." W., a distance of 30.OQ feet with a found 5/8 inch diameter rpn pin.
marked "ASG PISS 7314'
T}ience S. 34"° 48' 49" E., .a distance of 227:70 feet,(forincrly S: 35° 25'E.),. io a point, said point
referntced S. 8(° 44' 15" V!., a distance of l I;50 feet with a found 5l8 inch diameter iron ,pin
marked "A'SC PLS 7314":
fihence S. 71° l6' 4:9'' 1<., a distance.of 132,Q0 feet,(formerly S. 71° 55'E': ), to a found 5/8 inch
diameter irori pin marked "ASG` PLS 7314";
Thence S. 8S° 33' 49" E., a distance of 174;90 feet;(forrnerty S. 86° 1:0'71_.),. to a poini, said ,point
referenced S. 27° 42' 23" W., a distance of 30.00 feel with s.found 5/8 inch:diameter irbri pia.
marked "ASG PUS 731:4";
'Thence -S, 40° 43' 49" Ir., a distance of 364.98 feet, (formerly S, 4l ° 20'E., a distance of 36.30
feel), to a found 5/8 'inch. diameter iron..pr~ marked "ASG PLS 7.31 a'';
Thence S. 72° 38' 49'' E., a distance of"99,29 feet,(forrnerly S. '73° 35'E., a distance of 9$.34 feet),
t~ a point. qn the easterly boundary of said SW 1/4 NW 1/4~ said.poii~t viitnessed S. t)0° 40'48" W.,
a distance of ZO.t).0, feet. with a Found 5/8 inch dazneter,iron pin marked'. "ASG' PLS 731.4";
Thence leaving the southerly boundary of said' Instrtunent No: 104047079 and continuing along the
boundary of said' Record of Survey No. 663$, S: 00° 40'4$" W., a distance of 1 11.65 feet,(formerly
South a distance of. T 12:86 feel), along the easterly boundary of said 'SW 114 NW l /4 to the SE
;eoraer of said SW I/4 NW 114, (Denier west I/16 coracr}, said' coiner mgriumented with a found
5'f8 iacl diameter iron. pin. marked'"PAT PLS 4'347 ;
Thence N: 89° 45' 21" W., a distance of 978.2T feet,(formerly West a distance of 979.24 feet),
alon >the;southerI . boon
g y dart' of said SW 1/4 NW I/4 [p a found 518 inch diameter iron pin_marked
"ASo PLS 7314'' which bears"S. 89° 45' ~21" E., a distance of 350::00 feet from. the SW coiaer of
said.SW 1/9 NW 114,( 714 comer Dornmon to sections 4 and 5};
Thence `N. 00° 36' 1.1" E:, :a distarick of 180:00 feet; "(formerly North), to a found 5/8 .inch diameter
iron ,pin marked "ASG PLS 7314".
Thence IV. 89° 45' 21" VV., a distarce of 49.86 feet,(fomoerly West), to a point oa the easterly
boundary of that certain Warranty Deed recorded as instrument.No. 774180b in the, Office of t]ie
Recorder of Ada County, Idaho, said point m'onurnenfed with. a found 5/8 incfi diameter iron pin
marked "ASG PLS 731.4"
Thence N: 00°.36' l l" E.; a distance of t'a5,.00 feet, (formerly North},:along the easterly boundary
of said lnsovment No. 774'1806 to a point, said point wi~essed S. 0.0° 36' l 1" VJ., a distance of
1 <OO foot with a found S/8 inch diameter iron.pin marked "ASG PLS'7314";
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HARING DATE OF MARCH 20, 2008
M,-so•:V Bi'S`envFl~Gti tyc.
,1'RO'FrrO,Vitl;El4'GfNF.FRS, L9ADSIlRt!EYO,RS,,~ Pl.A,Y~'~RS
Page 3 of 3
Ftach Builders, Mufti Tamily>Tl"V12031Surveyllegt~lslRevisedAimex.doc
TbeneeN. 89° 4S' 21'" W.;.a distance of 23U.14 feet,(fornierly West.) along the northerly boundary
of saidlnstTUment l~u 774186b' io a port inn. the easterly boundary o£that ssid Warranty Deed
InstrumentNb. 9501$434. said poinf menumente~d with a found S/8 inch diameter uon pin. mar)Ced
".A:SG- P..LS 731:4";
Whence. eotytinuing Al. R9° 45' 2l`" W., a distance of 70.OU feet, along the extension of said
aoriherly pounciary ip ,8 point on~ the westerly boundary of said S W 1./4 NW I/4;
Theme N: 00° 36' 11" ~„ a di.ststncc of 218:94 feet. along'the easterly boundary of said Wan~rity
Deed .Ins'trumeni No:g5C}L8434 to the POINT OF B.E~sDVIVING.
This parcel. contains 1.2.06 ,acres- more or. Tess.
AlI according to the~rdcbrd of survey as.recorded iz~ the Office: of the Ada County Rec:arder..
SI:TB:T~CT T4: All. existing riShts of way and. easements, of recprd or implied appearing. on the
above-described parcel nl' land.
This Legal. I}escription was written without the bene>xt of as acival' boundary ,survey. T>fie caurscs
slhav~~n hereon were prepared fmm that certain'Record of Survey far'"b638"; lZecerded' as
Tristrurnent.No. "l t#4124018" in .the Office ofthe Recorder of Ada County, Idaho:
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Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2008
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Exhibit C
b PYn+ere
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2008
2. Proposed C-C Boundary
~~~~ Ptofessional Engineers, Land Surveyors and Planners
'° ' ~ ~~ 314 Badiola St. Caldwell, ID 83605
~~~~Q~~ ~ fnc. Ph (208) 454-0256 Fax (208) 454-0979
e-mail: dholihe mseng.us
FOR: Bach Builders
JOBNO.: NV1205 "
DATE: June 8, 2006
ANNEXATION
PR®PERTX DESCRIPTION
PARCEI.1
A parcel of land being a portion of the SW 1/4 NW 1/4 of Section 4, Township 3 North, Range 1
East, Boise Meridian, City of Meridian, Ada County Idaho, as shown on that certain Record of
Survey No. 6638, recorded as Instrument No. 104124018 on Sept. 28, 2004 in the Office of the
Recorder of Ada County, Idaho, by Anderson Survey Group, Inc. for Brian Weiss, more
particularly described as follows:
Commencing at the SW comer of said SWl/4 NWl/4, (Wl/4 comer of Section 4), said corner
monumentcd with a brass disk;
Thence N. 00° 36' 08" E. a distance of 543.94 feet along the westerly boundary of said SW1/4
NW 1/4 .to the POINT OF BEGINNING„
Thence S. 89° 23' S2" E. a distance of 70.00 feet perpendicular to said westerly boundary to a point
monumented with a found 5/8-inch diameter iron pin;
Thence continuing S. 89° 23' S2" E. a distance of 230.00 feet to a found 5/8-inch diameter iron pin;
Thence S. 00° 33' S4" W. a distance of 217.06 feet to a found 5/8-inch diameter iron pin;
Thence, N. 89° 45' 23" W. a distance of 230.15 feet parallel with the southerly boundary of said
SW 1/4 NWl/4 to a found 5/8-inch diameter iron pin;
Thence, N. 89° 45' 23" W. a distance of 70.00 feet parallel with the southerly boundary of said
SWll4 NWl/4 to a found 5/8-inch diameter iron pin;
Thence N. 00° 36' 11" E a distance of 218.94 feet parallel with the westerly boundary of said
SWl/4 NWl/4 to the POINT OE BEGINNING.
This parcel contains 1.50 acres more or less.
Also, this parcel is subject to all easements and rights-of--way of record or implied.
Exhibit C
CITY OF M£R1D1AN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2008
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Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE H£AR1NG DATE OF MARCH 20, 2008
3. Proposed R-40 Boundary
a.~7~n ~ i~tofessionalEngirneers, Land Surveyors and Planners
`- ~ ~ 3t4 Bad,'oia Sf. Caldwell, ID B3f05
'~a n ~i e l cl hG .~ Ph (gas) 454-a25s Fax (208) 454-0979
.e-mail.: dhcilzhey[n,inseii8:~s
:PROPERTY DESCRIPTION'
PA1tCEL 2 "
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A ..parcel of land being a portion of the SW 1!4 NW 1 /4 of Section 4, Township 3 North, Range l:
Test,l3oise Meridian; City of Meridian,. Ada County Idaho, as shown on that ce7tain_ Record of
Survey No. 6638, recorded as, Instrument No. 1:0412401$ on Sept. 28, 20:04 in We Office of the
.Recorder of Ada;County, Idaho, by Anderson. Survey Group; .lnc.'for Brian Weiss, more
particularly described as follows:
Commencing at the SD/ comer of said. SV/T/4 NW1L4, (W 114 corner of Section 4), said corner
inanurnented"with abrass disk;.
Thence S. 89°' 45' 23" E. a distance of 35U.01 feat to the P.OIdVT OF".BEG17VN11NG, said point
monut~iented with a found 5/8-inch diameter iron pin;
Thence lJ". 00° 3b' t)8" E. a distance of 180.00 feet parallel with the westerly boundary oPsaid,SW
I/4 NW 1/9 to a found 5l8-incli.diameter iron pin;
Thence N. '89° 45' 23" VJ'. a distance of 49:86 feet parallel with the southerly boundary of said
SW 114 NWI/4 to a found S/8,inch diameter iron pin;
ThenccN; 00° 36' 08" E. a distance of 145.00 feet parallel' wish the westerly 6ougdary of said SW
114 NW 1/4 'to a found 5/8-inch diameter irESn,pin;
"I'h'enceTl. UO° 33' 34" 7J. a. distance of 217..06 feet to a found 5/8-inch dnmeter iron pin;
'thence N, O:t)° 36' 128" E. a distance of 2l 8:Q8 feet parallel with the westerly boundary of said. SVi~
I /4 NVV 1/4 to apoint .that falls in the South Slough;
'T'hence along said South Slough the following courses and distances;
Thence N. 84° 26' 08" E., a distance of 1:7.43 feetto a point;
Thence S.. ti6° l 8' S2" T. a distance of 264.00 feet to a point;
Thence. 5:.34° 48' 52"'l. a distance"of 227.70 feet. io a point;
Thence S. Z T° ].6'' S2" E. a distance of 1'32:00 feet to a point;
'Thence S. 85° 33'' S2" E. a distance-of 1??4.90 feet to a point;
Thence S. 40° 43' S2".E. a distance of 364:9$ feet~to a point;
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2008
MASON & .S`fA1KF'IELEI, 1;YC.
SUR t~E,YO%tS, .ENCINE~RS & PLANNERS
Page. Z
Thence S. 72° S$' S2" ~. a distance of 99.25 feel to~a point on the easterly boundary of said SW114
NW1/4;
'Thence leaving said slough S. 00° 3T' S2" W. a distance of 113'.fi~i feet along said easterly
boundary to the S)1 cona'er of'said SVJTl4 NVi+l/4, said corner monumenteti with a found 568-inch.
diameter iron pin;
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Thence. N. fi9° 45' 23" W. a .distance of 9'18.33 feet along#he sou~thetly boundary of said S W 1.14
13VJ 194 tq the PUJN'i' OF' BEG~INTNG.
'1"hs: pdreel eontains.10.S6 acres more or less..
Also, this pareei .is subject to al! easements and rights-ofway of record or implied.
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Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFf REPORT FOR THE HEARING DATE OF MARCH 20, 2008
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MERIDIAN RUBI:IC
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Exhibit C
CITY OF MERFDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2008
D. Required Findings from Unified Development Code
1. Annexation & Zoning Findings:
Upon recommendation from the Commission, the Council shall make a full
investigation and shall, at the public hearing, review the application. In order to grant
an annexation and/or rezone, the Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the comprehensive
plan;
The applicant is proposing to annex and zone the eastern 10.56 acre portion of the
property R-40 and the western 1.5 acre portion of the property adjacent to Eagle Road, C-
C. Staff finds that the proposed zoning map amendment complies with the applicable
provisions of the Comprehensive Plan. ~~~t~~~~~~===d t ha~a=~,-.,~-~-- ~f
+~o , ~ ,. e ,,.~:,.~ +„ r-~ r ; ~+~ ~+ +,.u~ ti; :e (see Analysis, Section 10 of this
report for more information). Please see Comprehensive Plan Policies and Goals, Section
8, of the Staff Report.
b. The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
Staff finds that future development of the residential portion of this property will comply
with the established regulations and purpose statement of the R-40 zone and future
development of the C-C portion will comply with the purpose statement of the
commercial districts.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
Staff finds that the proposed zoning map amendment will not be detrimental to the public
health, safety, or welfare. Staff recommends that the Commission and Council rely on
any oral or written testimony that maybe provided when determining this finding.
d. The map amendment shall not result in an adverse impact upon the delivery of
services by any political subdivision providing public services within the City
including, but not limited to, school districts; and,
Staff finds that the proposed zoning amendment should not result in any adverse impact
upon the delivery of services by any political subdivision providing services to this site.
e. The annexation is in the best of interest of the City (UDC 11-SB-3.E).
Staff believes that the annexation of the 10.56 acre portion of this property with an
R-40 zoning designation is in the best interest of the City. Staff does not feel that the
1.5 acre portion of the property proposed to be zoned C-C is in the best interest of
the City at this time.
2. Conditional Use Permit Findings:
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:
Exhibit D
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2008
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.
Staff finds that if the site is designed according to the conditions of approval in Exhibit
B, the site will be large enough to accommodate the proposed use and meet the
dimensional and development regulations of the R-40 district and the multi-family
Specific Use Standards.
Note: The applicant is requesting a variance to the covered parking standards in UDC
11-3C-6. However, Staff believes that if a structure(s) is removed, the applicant will be
able to comply with the required parking standards.
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan
and in accord with the requirements of this Title.
Staff finds that the proposed multi-family residential use in the proposed R-40 zone will
be harmonious with and meet the objectives of the Comprehensive Plan.
c. That the design, construction, operation and maintenance will be compatible with
other uses in the general neighborhood and with the existing or intended character
of the general vicinity and that such use will not adversely change the essential
character of the same area.
Staff finds that the proposed multi-family development is compatible with other uses in
the general area and will not adversely change the character of 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.
Staff 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.
Staff 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 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.
Staff 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 highway 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.
Exhibit D
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2008
Staff finds that the proposed development will not involve uses that will create nuisances
that would be detrimental to the general welfare of the surrounding area.
Staff recognizes the fact that traffic and noise will increase with the approval of this
development; however, Staff does not believe that the amount generated will be
detrimental to the general welfare of the public.
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.
Staff finds that the proposed development will not result in the destruction, loss or
damage of any natural feature(s) of major importance. Staff recommends that the
Commission and Council reference 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 staff is unaware.
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4. Variance (VAR-08-002) Findings:
a. The variance shall not grant a right or special privilege that is not otherwise allowed
in the district;
Staff is not supportive of the request for a variance for a reduction in the number of
covered parking spaces required by UDC 11-3C-6 from 360 to 295. Further, Staff finds
that granting a variance as requested would grant a right or special privilege that is not
otherwise allowed in the district for multi-family uses.
Exhibit D
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2008
Staff finds that the Applicant can comply with the parking standards listed in UDC 11-
3C-6 and provide the full amount of covered parking on the site as required if a
structure(s) is removed from the site. (See Analysis, Section 10, for more information).
b. The variance relieves an undue hardship because of characteristics of the site;
Staff believes there are no topographical limitations or other physical characteristics of
this lot which would prevent full compliance with UDC 11-6C-3B.4.
c. The variance shall not be detrimental to the public health, safety, and welfare.
Staff finds that granting the variance should not be detrimental to the public health,
safety, and welfare.
Exhibit D