Shallow Creek AZ-14-008 PP-14-008 CUP-14-005CITY OF MERIDIAN E IDIAN�--
FINDINGS OF FACT, CONCLUSIONS OF LAW �—
C�
AND IDAHO
DECISION & ORDER
In the Matter of Annexation of 6.61 Acres to the R-15 Zoning District, Preliminary Plat Consisting
of 17 Buildable Lots and 2 Common Lots; AND Conditional Use Permit for a 64 -unit Multi -family
Development for Shallow Creek Subdivision, Located on the Southeast Corner of S. Locust Grove
Road and E. Franklin Road, by A Team Land Consultants
Case No(s). AZ -14-008, PP -14-008 and CUP -14-005
For the City Council Hearing Date of. September 2, 2014 (Findings on September 16, 2014)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of September 2, 2014, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of September 2, 2014, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of September 2,
2014, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of September 2, 2014, incorporated by reference)
B. Conclusions of Law
I . The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title I 1 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ -14-008, PP -14-008 & CUP -14-005
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6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Planning Department, the Public Works Department and any affected party requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of September 2, 2014, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for annexation, preliminary plat and conditional use permit is hereby
approved per the conditions of approval in the attached Staff Report for the hearing date of
September 2, 2014, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two (2) years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat (UDC 11-613-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two (2) years, may be considered for
final approval without resubmission for preliminary plat approval (UDC 11 -6B -7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-613-7.A, the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up
to two (2) years as determined and approved by the City Council may be granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again (UDC 1I -
6B -7C).
Notice of Two (2) Year Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a maximum
period of two (2) years unless otherwise approved by the City. During this time, the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting, the final plat must be signed by the City
Engineer within this two (2) year period.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ -14-008, PP -14-008 & CUP -14-005
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Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-513-6.G.1, the Director may authorize a single extension of the time to commence the
use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as
determined and approved by the City Council may be granted. With all extensions, the Director
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title 11(UDC 11-513-617).
Notice of Two (2) Year Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City
within two (2) years of the City Council granting the modification (UDC 11-513-3F.2).
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the City if filed prior to the end of the two (2) year approval period
(UDC 11-513-317.3).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of September 2, 2014
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ -14-008, PP -14-008 & CUP -14-005
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By action of the City Council at its regular meeting held on the �� day of ,
2014.
COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED
COUNCIL VICE PRESIDENT KEITH BIRD VOTED
COUNCIL MEMBER DAVID ZAREMBA VOTED
COUNCIL MEMBER JOE BORTON VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
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Attest: z
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Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney.
By"�f\� � ----:>
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City Jerks ce n
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ -14-008, PP -14-008 & CUP -14-005
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EXHIBIT A
STAFF REPORT
HEARING DATE: September 2, 2014 (: M`ERjDIAN%
(Continued from July 22, and August 19, 1 A H O
2014)
TO: Mayor and City Council
FROM: Bill Parsons, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
(208) 887-2211
SUBJECT: Shallow Creek— AZ 14-008, PP -14-008 and CUP -14-005
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant has applied for annexation of 6.61 acres of land from the RUT zoning district in Ada
County to the R-15 zoning district; preliminary plat consisting of eighteen (18) buildable lots and two
(2) common lots on approximately 5.85 acres and; a conditional use permit (CUP) for a multi -family
development consisting of seventeen (17) four-plex structures, totaling sixty-eight (68) dwelling
units. (See Section 9 for further analysis)
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ, PP and CUP with the conditions listed in Exhibit B,
based on the Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report. The
Meridian Planning and Zoning Commission heard these items on June 19.2014. At the public
hearing, the Commission voted to recommend annroval of the subiect AZ. PP and CUP
requests.
a. Summary of Commission Public Hearing:
L In favor: Steve Arnold
ii. In opposition: None
iii. Commenting: Rod Cullip, Helen and Dale Sharp, John and Mary Ann Duncan and
Melanie Hensmen (all in opposition)
iv.
Written testimony: Steve Arnold
v.
Staff presenting application: Bill Parsons
vi.
Other staff commenting on application: None
b. Key
Issues) of Discussion by Commission:
L
The land use designation of the property to the east.
ii.
Development in the flood plain.
c. Key
Commission Change(s) to Staff Recommendation:
i.
None
d. Outstanding Issue(s) for City Council:
L
None
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I 1 11 1
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Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 1
EXHIBIT A
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -14-
008, PP -14-008 and CUP -14-005, as presented in the staff reportfor the hearing date of September 2,
2014, with the following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -14-008,
PP -14-008 and CUP -14-005, as presented during the hearing on September 2, 2014, for the following
reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Numbers AZ -14-008, PP -14-008 and CUP -14-005 to the hearing date of
(insert continued hearing date here) for the following reason(s): (You should state specific reason(s)
for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located on the southeast corner of S. Locust Grove Road and E. Franklin Road in the
NW '/4 of Section 17, Township 3N., Range 1 E. (Parcel No. S 1117223430)
B. Applicant/Owner:
BCS Properties, LLC
1341 S. Spring Valley
Nampa, ID 83686
C. Representative:
Steve Arnold, A Team Land Consultants
1785 S. Whisper Cove Avenue
Boise, ID 83709
Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 2
jy, Written testimony: None
L Staff presenting application: Bill Parsons
yL Other staff commenting on annlication: Bill Nary
L
Key Issues of Discussion by Council:
L The density of the proposed development
jj, The lack of children amenitim
jjj, A single access into the proposed development
jy, Development within the flood plain and floodway.
y, Perimeter fencing along the north and east boundaries.
r,
Key Council Changes to Staff/Commission Recommendation
>i Council modified DA provision a. restricting the use of the property to 64 multi -family
_ units.
ji. fammil modified DA provision d. requiring the development of 3.82 acres of open
U Council added a new condition of approval requiring the construction of a 4 -foot tall
wrought iron fence and 2 -foot tall cinder block wall combination along the north and
east boundary.
jy, ouncil modified condition of approval 1.5.2. bullet #2 adding the requirement of a poo
amenfty and the inclusion of a covered patio with the clubhouse design.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -14-
008, PP -14-008 and CUP -14-005, as presented in the staff reportfor the hearing date of September 2,
2014, with the following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -14-008,
PP -14-008 and CUP -14-005, as presented during the hearing on September 2, 2014, for the following
reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Numbers AZ -14-008, PP -14-008 and CUP -14-005 to the hearing date of
(insert continued hearing date here) for the following reason(s): (You should state specific reason(s)
for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located on the southeast corner of S. Locust Grove Road and E. Franklin Road in the
NW '/4 of Section 17, Township 3N., Range 1 E. (Parcel No. S 1117223430)
B. Applicant/Owner:
BCS Properties, LLC
1341 S. Spring Valley
Nampa, ID 83686
C. Representative:
Steve Arnold, A Team Land Consultants
1785 S. Whisper Cove Avenue
Boise, ID 83709
Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 2
EXHIBIT A
D. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject applications are for annexation, a preliminary plat and a conditional use permit. A
public hearing is required before the Planning and Zoning Commission and City Council on this
matter, consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: June 2, and 16, 2014 (Commission); June 30 and July 14,
2014 (Council)
C. Radius notices mailed to properties within 300 feet on: May 22, 2014 (Commission); June 26,
2014 (Council)
D. Applicant posted notice on site by: June 9, 2014 (Commission); July 11, 2014 (Council)
VI. LAND USE
A. Existing Land Use(s): The site is currently vacant undeveloped property.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Pasture, County residence and undeveloped commercial property, zoned RUT and C -G
South: LDS Stake Center, zoned C -N
East: County residences and pasture, zoned RUT
West: Single family residence and ACHD drainage pond, zoned R-40
C. History of Previous Actions: NA
D. Utilities:
a. Location of sewer: A sanitary sewer main intended to provide service to the subject site
currently exists in S. Locust Grove Road.
b. Location of water: A water main intended to provide service to the subject site currently
exists in S. Locust Grove Road.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: The Five Mile Creek transverses the property.
2. Hazards: See comments below.
3. Flood Plain: The property is encumbered by both a flood plain and floodway.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Mixed-use Community" on the Comprehensive Plan Future Land Use
Map. The mixed-use area anticipates densities between six (6) and fifteen (15) dwellings per acre.
The proposed site plan depicts 68 dwelling units on 5.85 acres for a total gross density of 11.6
dwelling units/acre which falls within the density parameters stated in the Comprehensive Plan.
In a typical mixed use area, the Comprehensive Plan envisions a mix of non-residential and
residential uses that are interrelated. However, this site is encumbered by a natural waterway
(floodway) which limits the potential to have a true mixed use project. When analyzing the
surrounding parcels along the Franklin and Locust Grove Corridor, staff believes there will be other
Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 3
EXHIBIT A
opportunities in the future for adjacent properties to development with non-residential uses to
complement the proposed multi -family development.
Given the site constraints of this parcel and its proximity to an established street network, staff
believes a single use such as the proposed multi -family development is favorable for this site.
Therefore, staff finds that the proposed development is consistent with the Comprehensive Plan.
Staff also finds the following Comprehensive Plan policies to be applicable to this property and apply
to the proposed use (staff analysis in italics):
• "Provide for a wide diversity of housing types (single-family, modular, mobile homes and
multi -family arrangements) and choices between ownership and rental dwelling units for all
income groups in a variety of locations suitable for residential development." (3.07.03B, pg.
56)
Stafffinds that this location is ideal for a multi family development because of its proximity to
services and transit along Locust Grove and Franklin Road Corridors.
• "Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City." (3.01.0 IF, pg. 45)
City services will be provide and extended with the development of this site.
• "Require pedestrian access connectors in all new development to link subdivisions together to
promote neighborhood connectivity as part of a community pathway system." (3.03.03B, pg.
48)
A segment of the City's pathway is proposed to be constructed with the multi family
development. Although this connection will not tie into an existing network; this pathway will
connect with the Woodbridge Subdivision pathway in the future.
• "Encourage infill development in vacant/undeveloped areas within the City over fringe area
development to halt the outward progression of urban development.:" (5.01.02B, pg. 69)
The proposed development is an infill project consistent with this objective.
• "Elevate quality of design for houses and apartments; evaluate the need for design review
guidelines for single-family homes." (3.07.020, pg. 56)
The structures within the proposed development will be subject to the design standards in
UDC I1 -3A-19 and the guidelines in the Meridian Design Manual.
• Reduce the number of existing access points onto arterial streets by using methods such as
cross access agreements, access management and frontage/backage roads (3.03.02N, Chapter
3, page 48).
Access to site will be provided from single driveway connection to S. Locust Grove Road.
Due to the number of constraints on the property no other access is proposed nor is cross
access being required to any of the surrounding properties.
"Require common area in all subdivisions." (3.07.02F)
The applicant is required to provide a minimum of 10% qualified open space as set forth in
UDC 11-3G-3. The submitted plat depicts plats 22.5% (or 3.85 acres) of common open
space. The proposed subdivision is in compliance with the common area requirement.
• "Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and
Jackson and Evans drainages) throughout commercial, industrial and residential areas."
(5.01.01E)
Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 4
EXHIBIT A
The Five Mile Creek is proposed to be improved as an amenity with a 10 foot wide
pedestrian pathway. The applicant will have to coordinate with the City, irrigation district
and the Army Corp of Engineers for the improvements to Five Mile Creek.
Based on the above analysis, staff is supportive of the proposed development as it is generally
consistent with the comprehensive plan.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone:
The purpose of the residential districts is to provide for a range of housing opportunities
consistent with the Meridian Comprehensive Plan. Residential districts are distinguished by the
allowable density of dwelling units per acre and corresponding housing types that can be
accommodated within the density range.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the permitted,
accessory, conditional, and prohibited uses in the proposed R-15 zoning district. The proposed
multi -family development is listed as a conditional use in the R-15 zoning district. The specific
use standards listed in UDC 11-4-3-27 for multi -family developments apply to development of
this site.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2A-7 for the R-15
zoning district apply to development of this site.
D. Landscaping Standards:
1. Per UDC 11-3G-3, the plat is required to provide 10 percent open space and one amenity for
every 20 acres of development area.
2. The proposed 10 -foot multi -use pathway shall comply with the design standards in accord
with UDC 11-3A-8 and UDC 11-3B-12.
3. Parking Lot Landscaping: All parking lot landscaping must comply with the standards set
forth in UDC 11-313-8C.
4. A 25 -foot wide landscape buffer is required adjacent to E. Franklin Road and S. Locust
Grove Road in accord with UDC Table 11-2A-7. The landscape buffers must comply with the
standards set forth in UDC 11 -3B -7C.
E. Parking Standards: UDC 11 -3C -6A requires off-street vehicle parking to be provided on the site.
For one bedroom units, 1.5 vehicle parking spaces are required per dwelling unit; at least one in a
covered carport or garage. For 2-3 bedroom units, 2 parking spaces; at least one in a covered
carport or garage. The clubhouse will require one space per 500 square feet of gross floor area in
accord UDC 11-3C-613.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
ANNEXATION (AZ): The applicant has applied to annex and zone a total of 6.61 acres of land
with an R-15 zoning district. As discussed above in Section VII, the proposed zoning is consistent
with the corresponding FLUM designation of MU -C.
The legal description submitted with the application, included in Exhibit A.2, shows the
boundaries of the property proposed to be annexed. The property is contiguous to land that has
been annexed into the City and is within the Area of City Impact boundary.
Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 5
EXHIBIT A
The City may require a development agreement (DA) in conjunction with an annexation pursuant
to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this
application, staff recommends a DA is required as a provision of annexation. See Exhibit B for
the recommended changes to the development agreement.
PRELIMINARY PLAT (PP): The proposed preliminary plat consists of eighteen (18) buildable
lots and two (2) common lots on approximately 5.85 acres. The eighteen (18) lots are proposed to
develop with seventeen (17) two story four-plex structures containing sixty-eight (68) units and a
club house. Lot sizes range in size between 5,403 square feet and 8,190 square feet respectively.
All of the lots comply with the minimum lot size of the R-15 zone (see Exhibit A.3).
Access: Access to the proposed development is provided from a single curb cut to S. Locust
Grove Road. Due to the number of constraints on the property no other access is proposed nor is
cross access being required to the east. Both staff and ACHD are supportive of the access to the
site.
The parking area and the internal drive aisles are proposed as a common lot (Lot 10, Block 1)
within the development. Since this common lot provides the public street access, the applicant
must add a note on the face of the plat or record a separate document and reference the recorded
document number on the face of the plat that identifies a blanket cross access agreement and
shared parking agreement for the entire complex.
Flood Plain and Floodway: The subject property is encumbered by a flood plain and floodway.
Development in the flood plain will require the approval of a flood plain development permit
prior to construction commencing on the site.
The applicant is also proposing several enhancements and encroachments (e.g. landscaping,
pathway, parking and planter islands) in the floodway which may not be allowed without further
approvals and study. Staff has coordinated with the City's Flood Plain Administer and if this area
is to be enhanced as proposed, the applicant may have to revise the plans based on the review and
approval by the City's Flood Plain Administrator and the Army Corp of Engineers. Prior to the
submittal of a final plat, the applicant should provide the City's and Corp's approval for
development in the floodway.
Landscaping: UDC Table 11-2A-7 requires a 25 -foot wide landscape buffer adjacent to Franklin
and Locust Grove Roads. The landscape buffers must comply with the standards set forth in UDC
11 -3B -7C.
Multi -use Pathway: The City's Master Pathways Plan designates a 10 -foot multi -use pathway to
on the subject property. The applicant is proposing a 10 -foot multi -use pathway adjacent to the
north and east side of proposed development. The pathway must comply with the standards set
forth UDC 11-3A-8 and UDC 11-3B-12.
Fencing: The applicant is not proposing to construct any fencing with the proposed development.
There is existing fencing along the south boundary of the development installed with the LDS
church. Any fencing constructed with this development must comply with UDC 11-3A-7.
Ditches, Laterals, and Canals: The Five Mile Creek courses through this site. UDC 11-3A-6
requires natural waterways to be left open as a natural amenity. Irrigation ditches, laterals, canals
and drains that are not being used as an amenity must be piped or otherwise covered.
The Five Mile Creek is a natural waterway that should be protected and enhanced by leaving it
open and constructing a pathway adjacent to it. The applicant is proposing to enhance the Five
Creek as envisioned by the Comprehensive Plan; however the applicant is responsible to obtain
all of the necessary approvals from the City and the Army Corp of Engineers prior any
development occurring on the property.
Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 6
EXHIBIT A
Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be
supplied by a year-round source of water. The applicant should be required to utilize any existing
surface or well water for the primary source. If a surface or well source is not available, a single -
point connection to the culinary water system shall be required. If a single -point connection is
utilized, the developer will be responsible for the payment of assessments for the common areas
prior to 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.
CONDITIONAL USE PERMIT (CUP): A conditional use permit is requested for a multi -family
development in an R-15 zoning district in accord with UDC Table 11-2A-2. The proposed multi-
family development consists of seventeen (17) two-story four-plex structures containing a total of
sixty-eight (68) dwelling units. Unit mix includes all two and three bedroom units.
The specific use standards for multi -family developments are contained in UDC 11-4-3-27. These
standards apply to site design, common open space, site amenities, architectural character,
landscaping, and maintenance. The proposed project generally complies with the following
standards.
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 12 feet in the rear.) All of the buildings along the perimeter are setback in
excess of 12 feet in accord with the R-15 dimensional standard.
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 proposed trash enclosures are internal to the proposed development
and will have limited visibilityfrom the site in accord with this requirement.
c. Private, usable open space: A minimum of 80 square feet of private, usable open space
is required 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. All of the units must have 80 square feet of patio space and/or
private 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. The property management office, maintenance storage area and the directory
map are not depicted on the submitted plans and will need to be included to the plans
submitted with the certificate ofzoning compliance application. The central mailbox
location is located on Lot 17, Block 1.
e. Parking: UDC 11 -3C -6A requires off-street vehicle parking to be provided on the site.
For 2-3 bedroom units, 2 parking spaces; at least one in a covered carport or garage is
required. Based on the unit mix (68- 2 and 3bedroom units), a combined total of 136
covered and uncovered parking stalls are required. The clubhouse will require one space
per 500 square feet of gross floor area. The applicant is proposing a 69 covered parking
stalls and 67 uncovered parking stalls which meets the minimum requirements for multi-
family units. However, the applicant has not provided the required parking for the
clubhouse. With the submittal of certificate of zoning compliance application, the
applicant must include the required parking stalls for the clubhouse or reduce the
number of multi family units on the site.
The submitted site plan depicts a total of eleven (11) bikes racks throughout the
Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 7
EXHIBIT A
development. Staff is supportive of the proposed number of bike racks for the site but a
detail was not provided with the submitted application. With the submittal of certificate of
zoning compliance application, the applicant must provide details of bike racks.
f. 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. (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.) Because all of the proposed units contain between 500 and 1,200
square feet of living area, a minimum of 17,000 s.f of common open space is required to
be provided. The open space for the entire development is approximately 3.85 acres.
Note: The development has a large amount of open space due to the inclusion of the
improvements proposed to Five Mile Creek.
g. Amenities: All multi -family developments shall provide for quality of life, open space
and recreation amenities to meet the particular needs of the residents. UDC 11-4-3-27
requires multi -family developments between 20 and 75 units provide a minimum of three
(3) amenities; one from each of the aforementioned categories. The applicant is
proposing the following qualifying amenities: 1) a covered picnic area, 2) large open
grassy area, 3) clubhouse and 4) a 10 foot pathway. Stafffinds the applicant is providing
a greater number of amenities than required by ordinance. Staff is supportive of the
proposed amenities for the development.
h. Elevations: Elevations are required to meet the architectural standards set forth in UDC
11-4-3-27E. As mentioned earlier, the applicant is proposing to construct twenty (20)
four plexes with the same architectural design. The proposed buildings provide
variations in the roofplanes and modulation in the fagades. All of the structures are
proposed to incorporate a mix of building materials to include the following: three (3)
wood siding material (board and batten, horizontal lap and shake), architectural shingles
and belly band (see Exhibit A.4).
While staff is supportive of the proposed material changes, staff is concerned that the
development will have a monotonous design concept and the applicant has not proposed
any color schemes. At a minimum, staff recommends three (3) distinct color palettes of
earth tone colors to provide color variation. Additionally, staff recommends the applicant
provide three (3) building designs that use the same form and building materials but
orient the materials differently on the facade of the structures to provide variations in the
proposed development. The proposed clubhouse should also contain the same building
materials as the four plexes to complement the proposed development.
The site will also house twenty-eight (28) carport structures. The submitted a carport is a
flat roofed single post design. The Meridian Design Manual (E-2.3.2.4) encourages
carport designs that complement the design of residential structures. Staff recommends
the proposed carports should be painted or powder coated to complement the overall
color scheme for the development.
Compliance with the aforementioned design changes will be required with the submittal
of a certificate ofzoning compliance and administrative design review application.
i. Landscaping: Staff has reviewed the submitted landscape for compliance with the UDC.
The landscape plan, labeled Landscape Concept Plan, is approved with the following
modifications/notes:
All street facing elevations shall have landscaping along their foundation as
follows: the landscaped area shall be at least 3 -feet wide and have an evergreen
Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 8
EXHIBIT A
shrub with a minimum mature height of 24 inches for every 3 linear feet of
foundation. The remainder of the area shall be landscaped with ground cover
plans. The landscape plan submitted with the Certificate of Zoning Compliance
for the structures should comply with this requirement.
• Parking lot landscaping must be installed in accord with the standards listed in
UDC 11 -3B -8C. Each planter island that serves a single row of parking spaces is
required to be landscaped with at least one tree and shall be covered with low
shrubs, lawn, or other vegetative groundcover.
• A written certificate of completion shall be prepared by the landscape architect,
designer, or qualified nurseryman responsible for the landscape plan and
submitted prior to City Engineer's signature on the Final Plat. All standards of
installation shall apply as listed in UDC 11-313-14.
j. 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. The applicant must comply with this
requirement and a single entity must manage the entire development.
Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC application is
required to be submitted prior to issuance of building permits for any of the lots. The applicant is
required to obtain approval of a design review application for the proposed structures and site
design for the multi -family development. This application may be submitted concurrently with
the CZC application. The applicant must comply with the design standards listed in UDC 11-3A-
19 and the guidelines contained in the Meridian Design Manual.
In summary staff finds the proposed project complies with the future land use map, applicable
policies of the Comprehensive plan and is conditioned to comply with the applicable
development standards in the UDC. Based on the aforementioned analysis, staff recommends
approval of the subject application.
X. EXHIBITS
A. Drawings
1. Vicinity Map
2. Legal Description and Exhibit map
3. Proposed Preliminary Plat/Site Plan (dated: 0414-4 08/15/14)(REVISED)
4. Proposed Landscape Plan (dated: 04/21/14)
5. Proposed Building Elevations
B. Conditions of Approval
1. Planning Division
2. Public Works Department
3. Fire Department
4. Police Department
5. Republic Services
6. Parks Department
7. Ada County Highway District
C. Required Findings from Unified Development Code
Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 9
Exhibit A.1: Vicinity Map
Vicinity Map
Legend
C -G
Rill
Print Date* 6,'9'2014
Vicinity Map
Legend
R-40
EXHIBIT A
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Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 10
E Katispelt St
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Print Date* 6,'9'2014
Vicinity Map
Legend
R-40
EXHIBIT A
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Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 10
EXHIBIT A
Exhibit A.2: Annexation Legal Description and Exhibit Map
-N—/anon Professional Er4rteers, Land Surveyors and Planners
to % / / / i c' 'Rc 826 3RD St. South, Nampa, ID 83651
Ph (208) 454-0256 Fax (208) 454-0979
e-mail: dholzhcy@mscng.us
FOR: Syringa Creek UC
JOB NO.: AU0713
DATE: May 02, 2014
ANNEXATION PARCEL
An annexation parcel of land being a portion of the NW I/4 NW I/4 of Section 17, Township 3 North,
Range 1 East, Boise Meridian, Ada County Idaho, more particularly described as follows:
BEGINNING at the northwest corner of the NWI/4 NWl/4;
Thence S 89e 56' 10" E a distance of 240.01 feet along the north boundary of the NWl/4 NWI/4 to a
point;
Thence S 00° 31' 11" W a distance of 185.01 feet parallel with the west boundary of the NW 1/4 N W 1/4
to a point;
Thence S 89° 56' 10" E a distance of 345.45 feet parallel with the north boundary of the NW 1/4 NW I/4
to a point on the approximate centerline of Five Mile Creek;
Thence along the approximate centerline of Five Mile Creek the following courses and distances;
Thence S 44e 38'22" E a distance of 44.34 fat to a point;
Thence S 36° 23' 10" E a distance of 119.84 fat to a point;
Thence S 16e 22' 57" E a distance of 292.73 fat to a point;
Thence leaving approximate centerline of Five Mile Creek N 89e 56' 10" W a distance of 391.10 fat
parallel with the north boundary of the NWl/4 NWI/4 to a point;
Thence N 00° 31' 11" E a distance of 113.74 feet parallel with the west boundary of the NWl/4 NWI/4
to a point;
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Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 11
EXHIBIT A
Thence N 89° 56' 10" W a distance of 382.88 feet parallel with the north boundary of the NWI/4 NWI/4
to a point on the west boundary of the NWI/4 NW1/4;
Thence N 00° 31' 11" E a distance of 479.96 feet along the west boundary of the NW1/4 NW1/4 to the
POINT OF BEGINNING.
This annexation parcel contains 6.61 acres more or less.
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Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 12
EXHIBIT A
NOO 3111 t
Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 13
EXHIBIT A
Exhibit A.3: Proposed Preliminary Plat/ Site Plan (dated: 044444 08/15114)(REVISED)
Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 14
EXHIBIT A
Exhibit A.4: Proposed Landscape Plan (dated 4/21/14)
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Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 15
EXHIBIT A
Exhibit A.5: Proposed Building Elevations and Floor Plans
4 ALUNLTS ENTRY "'An'
3 BUNrr-ENTRY/ A UNIT -SIDE ELEVATION
2 FNTRY/RINTr-SIDE. MAVATTON
1 A LTITT � SIDE F[LVATION
A UNfr - 19,7"RY/ B UNIT- SIDE ME VATTON
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Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 16
EXHIBIT A
2 SECUND FLUOR PLAN 1 FIRST FLOOR PUN
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4 aP. & 7LDING S[?('RGN (a)'A' & °B" INtrS
3 ROOFPLAN-'A'&'P'U.NnS
2 SY COND FLOOR PIAN - 'A- & -W UNITS 1 GRUUND FLOOR PLNI - 'A- &'B' UNr1S
Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 17
EXHIBIT A
(� 1 fL[KIR
PLAN
5 REFLECTED CER r\G PLt\
8 PLooR PLAN
,3 ELEVATION2 ELEVATION
9 FLOOR PLi.\
W410 PLAN
Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 18
EXHIBIT A
Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 19
EXHIBIT A
B. Conditions of Approval
1. PLANNING DIVISION
1.1 ANNEXATION
1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property.
Prior to the annexation ordinance approval, a DA shall be entered into between the City of
Meridian, the property owner(s) at the time of annexation ordinance adoption, and the
developer. A final plat application will not be accepted until the DA is recorded. The
applicant shall contact the City Attorney's Office to initiate this process. The DA shall be
signed by the property owner and returned to the City within two (2) years of the City
Council granting annexation. Currently, a fee of $303.00 shall be paid by the applicant to the
City Clerk's office prior to commencement of the DA. The DA shall, at minimum,
incorporate the following provisions:
a. Future development of the site shall generally comply with the preliminary plat,
landscape plan and elevations included in Exhibit A. A maximum of 69 64 multi -family
units shall be constructed on the site.
b. Future development of the site shall comply with the ordinances in effect at the time of
development.
c. Future development of the site shall be consistent with the design standards in UDC I I -
3A-19 and the guidelines in the Meridian Design Manual.
d. The site shall develop with.8�5 3.822 acres of common open space as proposed.
1.2 PRELIMINARY PLAT - SITE SPECIFIC CONDITIONS OF APPROVAL
1.2.1 The preliminary plat, prepared by Mason and Stanfield, dated 0441A4 08/15/14, shall be
revised as follows:
• The applicant shall add a note on the face of the plat or record a separate document and
reference the recorded document number on the face of the plat that identifies a blanket
cross access agreement and shared parking agreement for the entire multi -family complex
(Lot 9, Block 1).
• Maintenance of all the multi -family common areas shall be the responsibility of the
Shallow Creek Subdivision Owners' Association.
• Other than the single driveway access approved by ACHD and the City, direct lot access
to S. Locust Grove and E. Franklin Road is prohibited.
1.2.2 The landscape plan, prepared by Power Enterprises Inc., dated 04/21/14, shall be revised as
follows:
• The applicant shall construct a 25 -foot wide landscape buffer adjacent to S. Locust Grove
Road and E. Franklin Road in accord with UDC 11 -3B -7C.
• The 10 -foot multi -use pathway shall be constructed in accord with the standards set forth
in UDC 11-3A-8 and UDC 11-313-12. Submit a public use easement to the Planning
Division for the multi -use pathway adjacent to the Five Mile Creek prior to City's
Engineer signature on the final plat.
• Parking lot landscaping shall comply with the standards set forth in UDC 11 -3B -8C.
• The applicant shall construct any proposed fencing and/or any fencing required by the
UDC, consistent with the standards as set forth in UDC 11-3A-7. The applicant shall
construct a 4 -foot tall decorative wrought iron fence and two -foot tall cinder block wall
combination on the north and east boundary as proposed on the revised site plan. dated
Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 20
EXHIBIT A
08/15/14.
1.2.3 With the submittal of a final plat and prior to any development within the flood plain
and the floodway, the applicant shall have plans reviewed and approved by the City's
Flood Plain Administrator, Nampa and Meridian Irrigation District, and the Army
Corp of Engineers.
1.2.4 The applicant shall record a final plat prior to obtaining a building permit for the proposed
multi -family development.
1.3 General Conditions of Approval
1.3.1 Comply with all bulk, use, and development standards of the R-15 zoning district listed in
UDC Chapter 2 District regulations.
1.3.2 Provide a pressurized irrigation system consistent with the standards as set forth in UDC I I -
3A-15, UDC 11-313-6 and MCC 9-1-28.
1.3.3 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.3.4 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11 -3B -5J.
1.4 Process Conditions of Approval
1.4.1 The final plat, and any phase thereof, shall substantially comply with the approved
preliminary plat as set forth in UDC 11 -6B -3C2.
1.4.2 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain
the City Engineer signature on a final plat within two years, or 2) gain approval of a time
extension as set forth in UDC 11-6B-7.
1.4.3 Staff failure to cite any specific ordinance provisions does not relieve the applicant from
responsibility of compliance.
1.5 CONDITIONAL USE PERMIT - Site Specific Conditions of Approval
1.5.1 The site plan, dated 04/21/14, is approved with the following changes:
• Provide a detail of the eleven (11) bike racks proposed for the development.
• The applicant shall revise the site plan to include a property management office;
maintenance storage area and the directory map. The property management office
and storage area may be incorporated as part of the clubhouse.
• The applicant shall revise the site plan to include the required parking stalls for the
clubhouse or reduce the number of multi -family units on the site. The number of
parking stalls is predicated on the size of the proposed clubhouse.
1.5.2 The landscape plan prepared by Power Enterprises Inc., dated 04/21/14, is approved with the
following changes:
• Landscaping along the foundation of the buildings shall comply with UDC 11-4-3-27F.
• Provide a minimum of 345 3.82 acres of common open space as proposed. The applicant
shall provide the following qualifying amenities: 1) a covered picnic area, 2) large open
grassy area, 3) clubhouse with a covered natio. 4) a Wool and 5) a 10 -foot pathway as
proposed.
1.5.3 The building elevations attached in Exhibit A.5, are approved with the following changes:
• The applicant shall provide three (3) building designs that use the same form and
Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 21
EXHIBIT A
building materials but orient the materials differently on the fagades of the
structures to provide variations in the proposed development. The clubhouse shall
incorporate the same mix of building materials as the four-plexes;
• At a minimum, the apartment buildings shall have three (3) color schemes to include
two field colors and one trim color and;
• The carports shall be painted or powder coated to complement the overall color
scheme of the development.
1.5.4 The developer shall comply with the specific use standards for multi -family developments
listed in UDC 11-4-3-27.
1.5.5 All roof and wall -mounted mechanical, electrical, communications, and service equipment
shall be screened from public streets and properties by the use of parapets, walls, fences,
enclosures, or by other suitable means.
1.5.6 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site.
1.5.7 Maintenance of all common areas shall be the responsibility of the developer or assigns.
Record legally binding documents that state the maintenance and ownership responsibilities
for the management of the development, including but not limited to structures, parking,
common areas, private streets, and other development features. A copy of the recorded
document shall be submitted with the first Certificate of Zoning Compliance (CZC). The
responsible party for the maintenance of the development shall be a single entity
overseeing the entire multi -family development.
1.5.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-313-
5I, 11-313-8C, and Chapter 3 Article C.
1.5.9 Provide at least 80 square feet of private, useable open space, such as a patio or balcony/deck,
for each multi -family dwelling unit in accordance with UDC 11-4-3-2713-3.
1.6 General Conditions of Approval
1.6.1 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. The outdoor
lighting shall have downward shielding on the building and the perimeter lighting shall
not impact the surrounding single family residences.
1.6.2 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.6.3 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-
12. All HVAC equipment shall be screened.
1.6.4 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the
guidelines set forth in the City of Meridian Design Manual.
1.6.5 The conditional use approval shall be null and void if the applicant fails to 1) commence the
use within two years as set forth in UDC 11-513-6171 or 2) gain approval of a time extension
as set forth in UDC 11-513-6F4.
1.6.6 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance
application and Design Review from the Planning Division, prior to submittal of building
permit application. NOTE: A CZC application may include one or more multi -family units on
a lot/parcel.
2. PUBLIC WORKS DEPARTMENT
2.1 The Shallow Creek plans as submitted do not appear to meet the floodplain regulations.
These items need to be resolved before any floodplain permit application is submitted
Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 22
EXHIBIT A
and reviewed:
• Next to the walking path there appears to be a wall within the floodway. The wall must
be outside of the floodway.
• Parking and curbing are shown within the floodway. The curbing creates a rise. While
minimal, it does not meet the "no -rise" requirement.
• The submitted landscape plan shows the installation of new trees to be planted in the
floodway. This will not likely meet the no -rise requirements as well. There are a few
options here:
a. Do not propose to plant trees within the floodway;
b. Provide hydraulic analysis showing no rise from the proposed new plantings;
c. Develop a habitat restoration plan and study, including hydraulic analysis which
would likely have to include compensatory storage for the amount of rise
calculated.
2.2 Sanitary sewer service for this development shall be from an extension of the existing main in
N. Locust Grove Road. Per Meridian City Code, the applicant shall install mains to and
through this subdivision. Applicant shall coordinate main size and routing with the Public
Works Department, and execute standard forms of easements for any mains that are required
to provide service outside of a public right-of-way. Minimum cover over sewer mains is
three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials
shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications. Applicant shall be required to abandon the existing sewer stub to the property
from the existing manhole in N. Locust Grove Road, north of the entrance to the
development.
2.2 Domestic water service to this development will be from an extension of the existing main in
N. Locust Grove Road, and via a second connection to an existing main to the south through
the adjacent LDS Church site as shown on the preliminary plat map. Applicant will not be
required to install the parallel water mains through the site as shown. Per Meridian City
Code, the applicant shall install mains to and through this subdivision. Applicant shall
coordinate main size and routing with the Public Works Department, and execute standard
forms of easements for any mains that are required to provide service outside of a public
right-of-way. Applicant shall be required to either abandon the existing water main stub to
the property in N. Locust Grove Road, north of the entrance to the development, or install a
new fire hydrant at this location.
2.3 Per Meridian City Code, the applicant shall be responsible to install sewer and water mains to
and through this development.
2.4 The applicant shall provide easement(s) for all public water/sewer mains outside of public
right of way (include all water services and hydrants). The easement widths shall be 20 -feet
wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via
the plat, but rather dedicated outside the plat process using the City of Meridian's standard
forms. The easement shall be graphically depicted on the plat for reference purposes. Submit
an executed easement (on the form available from Public Works), a legal description
prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of
the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances
(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a
Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this
document.
Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 23
EXHIBIT A
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, a
single -point connection to the culinary water system shall be required. If a single -point
connection is utilized, the developer will be responsible for the payment of assessments for
the common areas prior to prior to receiving development plan approval.
2.6 All existing structures that are required to be removed shall be prior to signature on the final
plat by the City Engineer.
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 final plat signature.
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.
2.10 Street signs are to be in place, sanitary sewer and water system shall be approved and
activated, fencing installed, drainage lots constructed, road base approved by the Ada County
Highway District and the Final Plat for this subdivision shall be recorded, prior to applying
for building permits.
2.11 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, etc., prior to signature on the final plat.
2.12 All development improvements, including but not limited to sewer and water, fencing, micro -
paths, pressurized irrigation and landscaping shall be installed and approved prior to
obtaining certificates of occupancy.
2.13 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
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 may be required by the Army Corps of Engineers.
2.16 Developer shall coordinate mailbox locations with the Meridian Post Office, and provide
evidence of their approval prior to signature on the final plat.
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
Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 24
EXHIBIT A
minimum of 3 -feet above the highest established peak groundwater elevation. This is to
ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above.
2.20 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 irrigation
district or ACRD. The design engineer shall provide certification that the facilities have been
installed in accordance with the approved design plans. This certification will be required
before a certificate of occupancy is issued for any structures within the project.
2.21 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.
2.22 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public
roadways per the City of Meridian Improvement Standards for Street Lighting. All street
lights shall be installed at developer's expense. Final design shall be submitted as part of the
development plan set for approval, which must include the location of any existing street
lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that
does not exceed that outlined in the Standards. The contractor's work and materials shall
conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC.
2.23 The City of Meridian requires that the owner post to the City a performance surety in the
amount of 125% of the total construction cost for all incomplete sewer, water and reuse
infrastructure prior to final plat signature. This surety will be verified by a line item cost
estimate provided by the owner to the City. The surety can be posted in the form of an
irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service
for more information at 887-2211.
2.24 The City of Meridian requires that the owner post to the City a warranty surety in the amount
of 20% of the total construction cost for all completed sewer, water and reuse infrastructure
for duration of two years. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,
cash deposit or bond. Please contact Land Development Service for more information at 887-
2211.
2.25 Applicant shall submit compaction testing results to the Community Development
Department for all areas that have, or will receive fill materials, prior to applying for building
permits.
3. FIRE DEPARTMENT
3.1 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and
48' outside, per International Fire Code Section 503.2.4.
3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in
accordance with International Fire Code Section (IFC) 508.5.4 as follows:
a. Fire hydrants shall have the 4 '/2" outlet face the main street or parking lot drive aisle.
b. Fire hydrants shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 ''/2" outlets.
g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5.
Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 25
EXHIBIT A
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 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set
forth in International Fire Code Section 304.1.2.
3.4 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway
greater than 150 feet in length that is not provided with an outlet shall be required to have an
approved turn around. Phasing of the project may require a temporary approved turn around
on streets greater than 150' in length with no outlet.
3.5 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside
and have a clear driving surface of 20' in width capable of supporting an imposed weight of
75,000 GVW, per International Fire Code Section 503.2.
3.6 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International Fire
Code Sections 503.4 & D103.6.
3.7 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a
vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1.
3.8 Operational fire hydrants, temporary or permanent street signs, and access roads with an all
weather surface are required to be installed before combustible construction material is brought
onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian
amendment to IFC 10-4-2J.For Group R-3 and Group U occupancies, the distance requirement
shall be 600 feet (183 m).
3.9 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in
International Fire Code Section 304.3.3.
3.10 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in
International Fire Code Section 505.1.
3.11 The applicant shall work with Public Works and Planning Department staff to provide an
address identification plan and a sign which meets the requirements of the City of Meridian sign
ordinance and is placed in a position that is plainly legible and visible from the street or road
fronting the property, as set forth in International Fire Code Section 505.1.
3.12 All R-2 occupancies with 3 or more units shall be required to be fire sprinkled as set forth in
International Fire Code Section 903.2.8.
3.13 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices
installed without prior approval of the Fire Code Official. National Fire Protection Standard
1141, Section A5.2.18.
4. POLICE DEPARTMENT
4.1 Lighting needs to be installed on all pathways at the read of each building that has the
walking path. The best solution to requiring pathway lighting would be to have substantial
read pathway lighting at each structure to light that section of the rear pathway and keep
safety of users at a premium.
4.2 Addressing needs to be done in a manner to assist first responders. So signage needs to direct
public safety personnel to the rear buildings addresses set back from the road and behind the
first set of building that abut the roadway.
Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 26
EXHIBIT A
5. REPUBLIC SERVICES
5.1 The applicant shall submit a scaled site plan stamped approved by Republic Services verifying
compliance with Republic Service's requirements with the CZC application.
6. PARKS DEPARTMENT
6.1 Construct a 10 -foot wide multi -use pathway consistent with standards set forth in UDC I I -
3A-8 and UDC 11 -3B -12C. The pathway shall be constructed along the north and east side of
the proposed development.
6.2 Prior to signature on the final plat by the City Engineer, the applicant shall submit a public
access easement to the Planning Division of the Community Development Department for the
multi -use pathway along the north and east sides of the proposed development for approval
by City Council and subsequent recordation.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 In accordance with District Policy 7203.3 the applicant shall be required to update the
existing ramps located in the following locations so as to be ADA compliant:
• The intersection of Locust Grove Road and Franklin Road abutting the site.
7.2 The applicant will be required to pay all applicable platting and review fees prior to final
approval.
Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 27
EXHIBIT A
C. Required Findings from Unified Development Code
1. ANNEXATION & ZONING:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation
and/or rezone, the Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Council finds the proposed annexation and zoning to R-15 is consistent with the
MU -C future land use designation for this site.
b. The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
The Council finds that the proposed R-15 zoning district and the multi -family use
allowed in that district is consistent with the purpose statement of the residential district
in that it provides for a range of housing opportunities.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The Council finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare.
d. The map amendment shall not result in an adverse impact upon the delivery of
services by any political subdivision providing public services within the City
including, but not limited to, school districts; and,
The Council finds that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to
this site.
e. The annexation is in the best of interest of the City (UDC 11-511-3.E).
The Council finds annexing this property with R-15 zoning district is in the best interest
of the City as the property will be able to develop the project consistent with the vision of
the Comprehensive Plan. Further, annexation this property will allow utilization of
available City services and a reduction of enclave areas in this area of the City.
2. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short
plat, the decision-making body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan and is consistent with this
Unified Development Code;
The Council finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan in regard to land use, transportation, and circulation.
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The Council finds that public services are available and will continue to be provided to
the subject property. See Exhibit B of the Staff Report for more details from public service
providers.
Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 28
EXHIBIT A
c. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because water and sewer and any other utilities will be provided by the developer at their
own cost, the Council finds that the subdivision will not require the expenditure of capital
improvement funds.
d. There is public financial capability of supporting services for the proposed
development;
Some services are already being provided to the subject development. The Council finds
there is public financial capability of supporting and continuing services for/to this
development.
e. The development will not be detrimental to the public health, safety or general
welfare; and
The Council is not aware of any health, safety, or environmental problems associated
with the platting of this property. ACHD considers road safety issues in their analysis.
The Council considered all public testimony presented to determine whether or not the
proposed subdivision may cause health, safety or environmental problems.
L The development preserves significant natural, scenic or historic features.
The Council does not find there are any significant natural, scenic or historic features that
will be lost with development of the site.
3. 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:
a. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
The Council finds that if the site is designed in accord with the site plan in Exhibit A and
the conditions of approval in Exhibit B, the site will be large enough to accommodate the
proposed use and meet the dimensional and development regulations of the R-15 zoning
district and the multi -family specific use standards.
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan
and in accord with the requirements of this Title.
The Council finds that the proposed multi -family residential use in the R-15 zone meets
the objectives of the Comprehensive Plan and UDC.
c. That the design, construction, operation and maintenance will be compatible with
other uses in the general neighborhood and with the existing or intended character
of the general vicinity and that such use will not adversely change the essential
character of the same area.
The Council finds that the general design, construction, operation and maintenance of the
multi -family use will be compatible with other residential and commercial uses in the
general neighborhood and with the existing and intended character of the vicinity and
will not adversely change the character of the area. The Council considered all public
testimony presented to determine whether or not the proposal will adversely affect the
Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 29
EXHIBIT A
other properties in the area.
d. That the proposed use, if it complies with all conditions of the approval imposed,
will not adversely affect other property in the vicinity.
The Council finds that the proposed development should not adversely affect other
property in the vicinity if the applicant complies with all conditions of approval listed in
Exhibit B of this staff report and constructs all improvements and operates the use in
accordance with the UDC standards.
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection,
drainage structures, refuse disposal, water, and sewer.
The Council finds that sanitary sewer, domestic water and irrigation can be made
available to the subject property. Please refer to comments prepared by the Public Works
Department, Fire Department, Police Department and other agencies.
L That the proposed use will not create excessive additional costs for public facilities
and services and will not be detrimental to the economic welfare of the community.
The Council finds that the applicant will pay to extend the City utilities into the site. No
additional capital facility costs are expected from the City. The applicant and/or future
property owners will be required to pay impact fees.
g. That the proposed use will not involve activities or processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property or the
general welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare or odors.
The Council finds that the proposed development will not involve uses that will create
nuisances that would be detrimental to the general welfare of the surrounding area.
The Council recognizes the fact that traffic and noise will increase with the approval of
this development; however, whenever undeveloped property is developed the amount of
traffic generation does increase.
h. That the proposed use will not result in the destruction, loss or damage of a natural,
scenic or historic feature considered to be of major importance.
The Council finds that the proposed development will not result in the destruction, loss or
damage of any natural feature(s) of major importance. The Council referenced all public
testimony presented to determine whether or not the proposed development may destroy
or damage a natural or scenic feature(s) of major importance.
Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 30