Shallow Creek AZ 14-008ADA COUNTY RECORDER Christopher D. Rich 2014-095960
BOISE IDAHO Pgs=40 BONNIE 111261201410:2 EM
MERIDIAN CITY
II1III I I I I I 00043696201400969600400407 I I I I'lll'll
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. BCS Properties, LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this JA of -1J dtr a*kb� 2014, by and between City of Meridian, a municipal
corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue,
Meridian, Idaho and BCS Properties, LLC, whose address is 1341 S. Spring Valley, Nampa, ID
83686, hereinafter called OWNER/DEVELOPER.
1. RECITALS:
1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of
certain tract of land in the County ofAda, State of Idaho, described in Exhibit
i' "A", which is attached hereto and by this reference incorporated herein as if
\_ set forth in full, herein after referred to as the Property; and
1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owner/Developer make a
written commitment concerning ,the use or development of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-511-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re -zoning of
land; and
1.4 WHEREAS, Owner/Developer has submitted an application for annexation
and zoning of 6.61 acres described in Exhibit "A", requesting a designation
of R-15 (Medium- High Density Residential) zoning districts under the UDC,
which generally describes how the Property will be developed and what
improvements will be made; and
1.5 WHEREAS, Owner/Developer made representations at the public hearings
both before the Meridian Planning & Zoning Commission and before the
Meridian City Council, as to how the subject Property will be developed and
what improvements will be made; and
DEVELOPMENTAokEEMENT—SHALLOW CREEK SUBDIVISION (AZ 14-008) PAGE 1 OF8
j' 1.6 WHEREAS, the record of the proceedings for the requested annexation and
zoning designation of the subject Property held before the Planning & Zoning
Commission, and subsequently before the City Council, includes responses of
government subdivisions providing services within the City of Meridian
planning jurisdiction, and includes further testimony and comment; and
1.7 WHEREAS, on the 161h day of September, 2014, the Meridian City Council
approved certainFindings of Fact and Conclusions of Law and Decision and
Order ("Findings'), which have been incorporated into this Agreement and
attached as Exhibit `B'; and
1,8 WHEREAS, the Findings require the Owner/Developer to enter into a
Development Agreement before the City Council takes final action on
annexation and zoning designation; and
1.9 WHEREAS, Owner/Developer deems it to be in its best interest to be able to
enter into this Agreement and acknowledges that this Agreement was entered
into voluntarily and at its urging and request; and
1.10 WHEREAS, City requires the Owner/Developer to enter into a development
agreement for the purpose of ensuring that the Property is developed and the
subsequent use of the Property is in accordance with the terms and conditions
of this Agreement, herein being established as a result of evidence received
by the City in the proceedings for zoning designation from government
subdivisions providing services within the planning jurisdiction and from
affected property owners and to ensure zoning designation are in accordance
with the amended Comprehensive Plan of the City of Meridian on April 19,
2011, Resolution No. 11-784, and the UDC, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and
phrases herein contained in this section shall be defined and interpreted as herein provided for,
unless the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this Agreement,
which is a municipal Corporation and government subdivision of the state of
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Broadway Avenue, Meridian, Idaho 83642.
DEVELOPMENT AGREEMENT- SHALLOW CREEK SUBDIVISION (AZ 14-008) PAGE 2 OF 8
3.2 OWNER/DEVELOPER: means and refers BCS Properties, LLC, whose
address is 1341 S. Spring Valley, Nampa, Idaho 83686, the party that is
developing said Property and shall include any subsequent
owner/developer(s) of the Property.
3.3 PROPERTY: means and refers to that certain parcel(s) of Property located
in the County of Ada, City of Meridian as described in Exhibit "A"
describing the parcels to be zoned Medium -High Density Residential District
(R-15) and attached hereto and by this reference incorporated herein as if set
forth at length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the
Tight to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
5.1.1 Future development of this site shall be generally comply with the
preliminary plat, landscape plan and elevations include in exhibit A of the
Staff Report attached to the Findings of Fact and Conclusions of Law
attached hereto as Exhibit `B". A maximum of 64 multi -family units shall be
constructed on the site.
5.1.2 Future development of the site shall comply with the ordinances in effect at
the time of development.
5.1.3 The site shall develop with 3.82 acres of common open space as proposed.
6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2)
years after the date of the Findings for the annexation and zoning or it is null and void.
7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default. Either party's failure to faithfully comply with all of the
terms and conditions included in this Agreement shall constitute default
under this Agreement.
DEVELOPMENT AGREEMENT- SHAILOw CREEK SUBDIVISION (AZ 14-008) PAGE 3 OF 8
7.2 Notice and Cure Period. In the event of Owner/Developer's default of this
Agreement, Owner/Developer shall have thirty (30) days from receipt of
written notice from City to initiate commencement of action to correct the
breach and cure the default, which action must be prosecuted with diligence
and completed within one hundred eighty (180) days; provided, however, that
in the case of any such default that cannot with diligence be cured within
such one hundred eighty (180) day period, then the time allowed to cure such
failure may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owner/Developer that is not cured after
notice as described in Section 7.2, Owner/Developer shall be deemed to have
consented to modification of this Agreement and de -annexation and reversal
of the zoning designations described herein, solely against the offending
portion of Property and upon City's compliance with all applicable laws,
ordinances and rules, including any applicable provisions of Idaho Code § §
67-6509 and 67-6511. Owner/Developer reserves all rights to contest
whether a default has occurred. This Agreement shall be enforceable in the
Fourth Judicial District Court in Ada County by either City or
Owner/Developer, or by any successor or successors in title or by the assigns
of the parties hereto. Enforcement may be sought by an appropriate action at
law or in equity to secure the specific performance of the covenants,
agreements, conditions, and obligations contained herein.
7.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owner/Developer or City is delayed for causes that are
beyond the reasonable control of the party responsible for such performance,
which shall include, without limitation, acts of civil disobedience, strikes or
similar causes, the time for such performance shall be extended by the
amount of time of such delay.
7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or
more of the covenants or conditions hereof shall apply solely to the default
and defaults waived and shall neither bar any other rights or remedies of City
nor apply to any subsequent default of any such or other covenants and
conditions.
8. INSPECTION: Owner/Developer shall, immediately upon completion of any
portion or the entirety of said development of the Property as required by this Agreement or by City
ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written
approval of such completed improvements or portion thereof in accordance with the terms and
conditions of this Agreement and all other ordinances of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the
third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by
DEVELOPMENTAOREEMENT-SHALLOW CREEK SUBDIVISION (AZ 14-008) PAOE4 OF 8
( the City Council, If for any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning of the Property contemplated hereby, the
City shall execute and record an appropriate instrument of release of this Agreement.
10. ZONING: City shall, following recordation ofthe duly approved Agreement, enact a
valid and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the
UDC, to insure the installation of required improvements, which the Owner/Developer agrees to
provide, if required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued
in any phase in which the improvements have not been installed, completed, and accepted by the
City.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by
all ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. NOTICES: Any notice desired by the parties and/or required by this Agreement
shall be deemed delivered if and when personally delivered or three (3) days after deposit in the
United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed
�.. as follows:
CITY:
City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
OWNER/DEVELOPER:
BCS Properties, LLC
13418, Spring Valley
Nampa, ID 83686
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
14.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of
this section.
15 • ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as
may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
DEVELOPMENT AGREEMENT -SHALLOW CREEK SUBDIVISION (AZ 14-008) PAGE 5 OF 8
j jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time
is strictly of the essence with respect to each and every term, condition and provision hereof, and that
the failure to timely perform any of the obligations hereunder shall constitute a breach of and a
default under this Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be
binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest
in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or
portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any
successor owner or owners shall be both benefited and bound by the conditions and restrictions
herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and
recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion,
had determined•that Owner/Developer has fully performed its obligations under this Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement
and the invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expresslyprovided, each party
shall act reasonably in giving any consent, approval, ortaking any other action under this Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner/Developer and City relative to the subject
matter hereof, and there are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between Owner/Developer and City, other than as are stated herein.
Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to
this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them
or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted
ordinance or resolution of City,
21.1 No condition governing the uses and/or conditions governing re -zoning of the subject
Property herein provided for can be modified or amended withoutthe approval of the
City Council after the City has conducted public hearing(s) in accordance with the
{ notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
DEVELOPMENT AGREEMENT- SHALLOW CREEK SUBDIVISION (AZ 14-008) PAGE 6 OF 8
22, EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City
Clerk.
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the patties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER/DEVELOPER:
BCS Properties, LLC
By: -L g�77'—
CITY OF MERIDIAN
By:
Mayor ?,-*Y
de Weerd
eO ATuD AUGt,1)
or
2�
City of ryG
V IDPPIO ;
Holman, City Clerk Sr, hL W
I
Al
DEVELGPMENTAGREHMENT— SHALLOW CREEK SUB ivisioN (AZ 14-008) PAGE 7 of 8
STATE OF IDAHO )
ss:
County of Ada,
Onthis-0ayof I,Duevy\6er ,2014, before me, the undersigned, a Notary Public in and
for said State, personally appeared Dea v\ L- Covnd e_ , known or identified to me
to be the, tie , of BCS Properties, LLC, and acknowledged to me that he
executed the same on behalf of said Limited Liability Company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
(SEAL)
NO),
�eLIC
STATE OF IDAHO )
ss
County of Ada
otary Public for Idaho
esiding at: (YA 1'A 'd o kg
My Commission Expires:
On this 6Q5 � day of �j OjC Mkg.Z 2014, before me, a Notary Public,
personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the
Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person
that executed the instrument of behalf of said City, and acknowledged to me that such City executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
.Owes,
.gSCA'�0•�.
�C T'9.Q�A:
(SEAL)
:•y f�LIG �v��
Residing at: t"I
Commission expires:
DEVELOPMENT AGREEMENT— SHALLOW CREW SUBDIVISION (AZ 14-008) PAGE 8 OF 8
EXHIBITA
Exhibit A Annexation Legal Description •
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FOR: SyriagacreakuC
108 NO.: AU0713
DATE May 02, 20I4
ANN99ATiON PARCEL.
An saaexation panel of lend being apantoo of the NW114 NWI/4 ofSoaaon 17, Township 3 North,
Range 1 But. pulse Meddlen, Ada County Idaho, more particularly described es follovn:
EERWMG at the nmthwostcomar of the NWI/4 NWIA;
Thence S 899 56'10"E a dietaaoe of 740.01 fat along the north boundary of the NW114 NW114 to a
point;
Them S 009 301" W a distanaof 185.0I fat parllel with the west boundary of the NW114 NWIN
to a point;
ThenceS 89" 56' 10" E a d"otana of 345.45 fat parallel with the north boundary of the NW114 NW114
to a point on the approximatecentcdfw Wive Mile Creek;
Thence along the approximate ceatedlae ofFlve Mile Creek the fallowing aurew and dineaeea;
Thence 449 38'22' E e distance of 44.34 fat to a point;
Theacc S 36" 23'10" E a 41stancs of 119,84 fat to a point,
Theuce3 169 22' 57'H a dinanceof 292,73 feet to a point'
Ther leaving approximate ceMllaeofHv6Mile Geek N 899 56 10" W a distance of 391.10 fad
parallel with the north houndaryoftheNW114 NWIN to point;
Thence N009 31'11 " E a distance of 113.74 fat parallel with the west boundary of the NW114 NW114
to a point;
MAWN&6TAN I=k4G
s,a,s.rs
Shallow Creek A7,14.008
I0:4C11*30 -\
Thmm N 89° 5t? IV W a dtalanoeof 382.98 fact parallel widt thenon6 boundary of theNW114 NWIf4
to a polat on Bte west boundaryofthe NW114 NWI14;
Thence N 00031' 11" B a dblutasof479.96 feet along the west boundary of the NW1f4 NWIf4 to the
POINT' OFBBGMMG.
This unantlon parml *Wain 6.61 acro more or INI.
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Shal low Creek AZ -14.006,
EXHIBIT A
STAFF REPORT p �►
HEARING DATE: September 2, 2014 Ci E IDIAN�, -
(Continued from July 22, and August 19, 1 D 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 approval of the subiect AZ, PP and CUP
renuests.
a. Summary of Commission Public Hearing:
i. 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 Issue(s) of Discussion by Commission:
i. The land use designation of the property to the east.
ii. Development in the flood plain.
C. Key Commission Chanae(s) to Staff Recommendation:
I. None
d. Outstanding Issue(s) for City Council:
I. None
The Meridian City Council heard these items on July 22. and September 2.2014. At the public
earjng. the Council approved the subject AZ. PP and CUP repuest.
8,Summary of City Council Public Hearing:
L In favor: Steve Arnold
& In opposjtjon: None
nL Commenting@ Rod Cullill and Dave Skaggs
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 report'for 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 1E. (Parcel No. S1117223430)
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
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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 report'for 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 1E. (Parcel No. S1117223430)
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 -]4-005 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 ofits 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." (3.01.0117, 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.:" (5.01.0213, 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 11-3A-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 ofthe surroundingproperties.
"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 Engineersfor 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 11-313-12.
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 Exlrihit 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
11-313-7C.
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 ofpatio 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 far 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 ofbike 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 ofbike 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 ofthe proposed units contain between 500 and 1,200
square feet of living area, a minimum of 17,000 sf 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 ofthe
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. Stafffnds 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 fafades. All of the structures are
proposed to incorporate a mix of building materials to include thefollowing: 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 ofthe 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, staffrecommends three (3) distinct color palettes of
earth tone colors to provide color variation. Additionally, staffrecommends 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
fat 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
ofa 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 11-313-8C. 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 I1-311-14.
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: 04L24F1408/15/14)(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
Exhibit A.1: Vicinity Map
Vicinity Map D 0J6 06fis
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RIM Dale: 691]014
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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
anon Professional Engineers, Land Surveyors and Planners
-N-to n� 1 Inc. ORD -0 56 Fax
ID 53&51
Ph (208) 454A258 Fel[ (208) 454-0979
e-mail: dholzhev®nacna.us
FOR: Syringe Creek LLC
JOB NO.: AU0713
DATE: May 02, 2014
ANNEXATION PARCEL
An annexation parcel of land being a portion of the NW I/4 NW 1/4 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 NW I/4 NW I/4;
Thence S 89" 56' 10" E a distance of 240.01 feet along the north boundary of the NWI/4 NWl/4 to a
point;
Thence S 00" 31' Il" W a distance of 185.01 feel parallel with the weal boundary of the NW 1/4 NW I/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 N W I/4
to a point on the approximate oenterline of Five Mile Creek;
Thence along the approximate centerline of Five Mile Creek the following courses and distances;
Thence S 44" 38'22" E a distance of 44.34 feet to a point;
Thence S 36'23'10" E a distance of 119.84 fat to a point;
Thence S 16" 22'57" E a distance of 292.73 feet to a point;
Them leaving approximate centerline of Five Mile Creek N 89" 56' 10" W a distance of 391.10 feel
parallel with the north boundary of the NW I/4 NWl/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 N Wl/4
to a point;
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Shallow Creek AZ -14-008, PP -14.008 & CUP -14-005 PAGE 11
EXHIBIT A
Theca N 89° 56 10" W a distance of 382.88 feet parallel with the north boundary of tine NWIN NWI/4
to a point on the west boundary of the NW IM N WI/4;
Thence N 00" 31' I I" E a distance of 479.96 feet along the west boundary of the NW 1/4 NWi/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
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Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 13
EXHIBIT A
Exhibit A.3: Proposed Preliminary Plat/ Site Plan (dated: ""'. :r'"" " &I5/14)(REVISED)
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Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 14
EXHIBIT A
Exhibit AA Proposed Landscape Plan (dated 4/21/14)
Shallow Greek Apartments / Meridian, Idaho
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Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGG 15
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Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 18
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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 (�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 1I -
3A -19 and the guidelines in the Meridian Design Manual.
d. The site shall develop wither 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 04hWA4 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 ACRD 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 11-311-12. 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 1 I -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 A7_-14-008, PP -14-008 & CUP -14-005 PAGE 20
ENIIIBIT A
08115LI4.
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 11-3B-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 Intal] 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 11-613-7.
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 3.55 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 pool 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 AL -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 -3B -
5I, 11 -3B -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 11-4-3-27B-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 11-5B-6171 or 2) gain approval of a time extension
as set forth in UDC 11 -SB -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 ACHD. The design engineer shall provide certification that the facilities have been
installed in accordance with the approved design plans. This certification will be required
before a certificate of occupancy is issued for any structures within the project.
2.21 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 comers when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
£ 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 CWo 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 1I -
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 -I4-005 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 Reportfor 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.
f. 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 some 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