Paramount Southeast RZ-15-011 PP-15-002 CUP-15-002CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-15-001; PP-15-002; CUP-15-002
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
In the Matter of the Request for Rezone of 5.05 Acres of Land from the C-G to the R-40 Zoning
District and 3.37 Acres of Land from the R-40 to the C-G Zoning District; Preliminary Plat
Consisting of One (1) Building Lot and Five (5) Common Lots in the R-40 Zoning District and
Twenty-Two (22) Building Lots in the C-G Zoning District on 36.04 Acres of Land for Paramount
Southeast Subdivision; and Conditional Use Permit for a Multi-Family Development Consisting of
280 Residential Dwelling Units in an R-40 Zoning District, Located at the Northwest Corner of N.
Meridian Road and W. McMillan Road, by Brighton Investments, LLC.
Case No(s ). RZ-15-001; PP-15-002; CUP-15-002
For the City Council Hearing Date of: April 7, 2015 (Findings on April 21, 2015)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of April 7, 2015, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of April 7, 2015, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of April 7, 2015,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of April 7, 2015, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use
Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-15-001; PP-15-002; CUP-15-002
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5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
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 April 7, 2015, 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 a rezone is hereby approved per the Staff Report for the hearing date
of April 7, 2015, attached as Exhibit A.
2. The applicant’s request for a preliminary plat is hereby approved per the provisions in the Staff
Report for the hearing date of April 7, 2015, attached as Exhibit A.
3. The applicant’s request for a conditional use permit is hereby approved per the provisions in the
Staff Report for the hearing date of April 7, 2015, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer’s signature
on the final plat within two (2) years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat (UDC 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two (2) years, may be considered for
final approval without resubmission for preliminary plat approval (UDC 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City
Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up
to two (2) years as determined and approved by the City Council may be granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again (UDC 11-
6B-7C).
Notice of Two (2) Year Conditional Use Permit Duration
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-15-001; PP-15-002; CUP-15-002
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Please take notice that the conditional use permit, when granted, shall be valid for a maximum
period of two (2) years unless otherwise approved by the City. During this time, the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting, the final plat must be signed by the City
Engineer within this two (2) year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-5B-6.G.1, the Director may authorize a single extension of the time to commence the
use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as
determined and approved by the City Council may be granted. With all extensions, the Director
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title 11(UDC 11-5B-6F).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of April 7, 2015
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 1
STAFF REPORT
HEARING DATE: April 7, 2015
TO: Mayor & City Council
FROM: Sonya Watters, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: RZ-15-001; PP-15-002; CUP-15-002 – Paramount Southeast
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Brighton Investments, LLC, has submitted an application for a rezone (RZ),
preliminary plat (PP) and conditional use permit (CUP) for Paramount Southeast.
The applicant proposes to rezone 5.05 acres of land from the C-G to the R-40 zoning district and 3.37
acres of land from the R-40 to the C-G zoning district.
A 28 lot preliminary plat consisting of 1 building lot and 5 common lots in the R-40 zoning district
and 22 building lots in the C-G zoning district on 36.04 acres of land is proposed.
The conditional use permit is for a multi-family development consisting of 280 dwelling units in an
R-40 zoning district.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed RZ, PP & CUP based on the Findings of Fact and
Conclusions of Law in Exhibit D of this report.
The Meridian Planning & Zoning Commission heard these items on March 5, 2015. At the
public hearing, the Commission moved to recommend approval of the subject RZ, PP and
CUP requests.
a. Summary of Commission Public Hearing:
i. In favor: Mike Wardle
ii. In opposition: Jennie Withers; Brian Heffley
iii. Commenting: None
iv. Written testimony: Mike Wardle, Applicant’s Representative; Dr. Linda Clark, West
Ada School District; Brenda Duggan; Ken Swanson; and Wendy Ann Trent.
v. Staff presenting application: Sonya Watters
vi. Other staff commenting on application: None
b. Key Issue(s) of Discussion by Commission:
i. General consensus that the applicant has been responsive to neighborhood concerns and
made changes to the plans accordingly that have enhanced the project;
ii. Support of the applicant’s request for a wavier to UDC 11-3A-3 for access to allow all of
the driveways shown on the site plan.
c. Key Commission Change(s) to Staff Recommendation:
i. None
d. Outstanding Issue(s) for City Council:
i. None
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 2
The Meridian City Council heard these items on April 7, 2015. At the public hearing, the
Council approved the subject RZ, PP and CUP request.
a. Summary of City Council Public Hearing:
i. In favor: Mike Wardle; David Turnbull
ii. In opposition: David McKinney; Becke Barnes; Don Doss; Amy McPherson; Sally
Reynolds; Wendy McKinney
iii. Commenting: Justin Lucas
iv. Written testimony: Dr. Linda Clark; Kerri Carmouche; Bob Cooper; Brian Heffley;
Frank Brannon; Michael Arnold; Chris LaPeters; Greg Reynolds; Erin & Drew
Ebright; Sally Reynolds; Alan Riddle; Kerry Payton-Jenkins; Cheryl Tenbrink; Becky
& Erik Phillips; Carol & Joe Davis; Lisa Wood; and Wendy McKinney
v. Staff presenting application: Sonya Watters
vi. Other staff commenting on application: None
b. Key Issues of Discussion by Council:
i. The access points proposed via the adjacent arterial streets (Meridian & McMillan
Roads).
c. Key Council Changes to Commission Recommendation
i. The City Council approved a waiver to UDC 11-3A-3, which restricts access points to
arterial streets to allow the access points as proposed on the site plan.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-15-
001, PP-15-002 & CUP-15-002, as presented in the staff report for the hearing date of April 7, 2015,
with the following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-15-001,
PP-15-002 & CUP-15-002, as presented during the hearing on April 7, 2015, for the following
reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Numbers RZ-15-001, PP-15-002 & CUP-15-002 to the hearing date of (insert
continued hearing date here) for the following reason(s): (You should state specific reason(s) for
continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located at the northwest corner of N. Meridian Road and W. McMillan Road, in the SE
¼ of Section 25, Township 4 North, Range 1 West. (Parcel No. S0425449800)
A. Applicant:
Brighton Investments, LLC
12601 W. Explorer Dr., Ste. 200
Boise, ID 83713
C. Owner:
Same as applicant
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 3
D. Representative:
Michael D. Wardle, Brighton Corporation
12601 W. Explorer Dr., Ste. 200
Boise, ID 83713
E. Applicant's Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject application is for rezone, preliminary plat, and conditional use permit. A public
hearing is required before the Planning & Zoning Commission and City Council on this matter,
consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: February 16 and March 2, 2015 (Commission); March 16
and 30, 2015 (Council)
C. Radius notices mailed to properties within 300 feet on: February 12, 2015 (Commission); March
12, 2015 (Council)
D. Applicant posted notice on site(s) on: February 23, 2015 (Commission); March 27, 2015
(Council)
VI. LAND USE
A. Existing Land Use(s): The site consists of agricultural land, zoned R-40 and C-G.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Single-family residences in Paramount Subdivision and agricultural land, zoned R-8
South: W. McMillan Road and property approved for single-family residences in Amberwave
Subdivision, currently in the development process, zoned R-8 & R-15
East: Rocky Mountain High School, zoned R-4; and property approved for single-family
residences in Ventana Subdivision, zoned R-8
West: Single-family residences in Paramount Subdivision, zoned R-8
B. History of Previous Actions:
• In 2003, the following applications were approved for the larger Paramount Subdivision,
which included the subject property:
Annexation and zoning (AZ-03-006) of 397.11 acres of land with R-8, R-40, L-O and
C-G zones. A development agreement (DA) was required as a provision of annexation,
recorded as Instrument No. 103137116;
Preliminary plat (PP-03-004) consisting of 764 building lots on 397.11 acres of land;
Conditional use permit/planned development (CUP-03-008) which requires a detailed
CUP application to be submitted and approved prior to any development occurring in
the multi-family portion of the Paramount development.
• In 2007, a modification to the DA (MI-07-007, Paramount Commercial Southwest) was
approved and recorded as Instrument No. 107145935;
• In 2008, a modification to the DA (MDA-08-001) was approved and recorded as Instrument
No. 108108427; and,
• In 2013, a modification to the DA (MDA-13-005) was approved and recorded as Instrument
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 4
No. 113083665.
C. Utilities:
1. Location of sewer: The city currently owns and maintains sewer mains directly adjacent to
the proposed development.
2. Location of water: The city currently owns and maintains water mains directly adjacent to
the proposed development.
3. Issues or concerns: None
D. Physical Features:
1. Canals/Ditches Irrigation: There doesn’t appear to be any open ditches on the site.
2. Hazards: Staff is not aware of any hazards that exist on this site.
3. Flood Plain: This site does not lie within the floodplain overlay district.
VII. COMPREHENSIVE PLAN
The Comprehensive Plan Future Land Use Map (FLUM) currently designates approximately 21 acres
of the site as High Density Residential (HDR) and approximately 15 acres as Commercial.
The purpose of the HDR designation is to allow for the development of multi-family homes in areas
where urban services are provided. Residential gross densities may exceed 15 dwelling units per acre.
The purpose of the Commercial designation is to provide a full range of commercial and retail to
serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-
family residential, as well as appropriate public uses such as government offices.
The applicant proposes to develop the HDR designated area with 280 apartment units consisting of a
mix of 1, 2, and 3 bedroom units at a gross density of 17.9 dwelling units per acre in a C-G zoning
district consistent with the HDR designation. There are no specific uses proposed on the Commercial
designated/C-G zoned portion of the site at this time. Future development and uses should be
consistent with the Commercial FLUM designation and the C-G zoning district.
Staff 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)
The proposed multi-family residential development will contribute to the variety of housing
types available within this part of the City and offer rental options for 1, 2, and 3 bedroom
units.
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 5
• “Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City.” (3.01.01F)
City sewer and water services are available to be extended to the subject property and the
site is already annexed into the City.
• “Require appropriate landscaping and buffers along transportation corridor (setback,
vegetation, low walls, berms, etc.) (3.06.02F)
A 25-foot wide street buffer is required along W. McMillan Road and N. Meridian Road, both
arterial streets; a 20-foot wide street buffer is required along W. Studio Drive, a collector
street; and a 10-foot wide street buffer is required along the east sides of Motion Picture
Drive and N. Oscar Avenue, both local commercial streets, in accord with the standards
listed in UDC Table 11-2A-7 & 11-3B-7 as shown on the landscape plan included in Exhibit
A.3.
• “Protect existing residential properties from incompatible land use development on adjacent
parcels.” (3.06.01F)
The proposed multi-family residential development should be compatible with existing
residential uses and provide a transition and buffer to existing residences from the future
commercial uses on the corner of W. McMillan and N. Meridian Roads.
• “Encourage infill development.” (3.01.02B)
The subject property is surrounded by property that has been developed or is currently in the
development process. Development of this parcel will allow city services to be extended to the
property as intended.
• “Plan for a variety of commercial and retail opportunities within the Area of City Impact.”
(3.05.01J)
The C-G zoned portion of the site should provide for a variety of commercial and retail uses
in the northern part of the City.
• “Require all commercial and industrial businesses to install and maintain landscaping.”
(2.01.03B)
Landscaping is required to be installed and maintained within the street buffers and parking
areas on this site.
• “Require screening and buffering of commercial and industrial properties to residential use
with transitional zoning.” (3.06.01E)
The proposed roadway layout and street buffers provide separation and screening between
the multi-family, commercial and single-family portions of the development (R-40, C-G and
R-8 zoning.) Staff is recommending additional berming is added along W. Studio Drive to
buffer/screen the massing of the multi-family buildings.
• “Require all new and reconstructed parking lots to provide landscaping in internal islands and
along streets.” (2.01.04B)
Landscaping within planter islands in the parking areas of the residential and future
commercial portions of the site and the street buffers are required to be installed with
development of this site/lots.
The Comprehensive Plan states that, “A desirable project (in the HDR designated area) would
consider the placement of parking areas, fences, berms, and other landscaping features to serve as
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 6
buffers between neighboring uses. Developments need to incorporate high quality architectural design
and materials and thoughtful site design to ensure quality of place and should also incorporate high
quality architecture design and materials and thoughtful site design that incorporates connectivity
with adjacent uses and area pathways, attractive landscaping and individual project identity (pg. 21).”
The site and landscape plans depict a street buffer along both sides of W. Studio Drive, a residential
collector, separating the single-family from the multi-family residential development (see Exhibit
A.4). Garages and surface parking spaces are proposed adjacent to W. Studio Drive as a transition to
the taller multi-family structures. Staff recommends berms are provided along the portions of the
perimeter of the development adjacent to W. Studio Drive where garages aren’t proposed as an
added buffer to the existing single-family residential properties to the north and west of the site.
Staff has reviewed the proposed building elevations for the multi-family structures and deems them to
be of high quality materials (e.g. mix of horizontal and vertical cement board with cultured stone
veneer accents) and architecture design that should be comparable with that of adjacent homes (see
Exhibit A.5). Buildings on the commercial portion of the development are required to obtain design
review approval prior to issuance of building permits.
For the above reasons, staff believes the proposed development is consistent with the Comprehensive
Plan.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zones:
Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing
opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of
Meridian water and sewer systems is a requirement for all residential districts. Residential
districts are distinguished by the allowable density of dwelling units per acre and corresponding
housing types that can be accommodated within the density range.
Per UDC 11-2B-1, the purpose of the commercial districts is to provide for the retail and service
needs of the community in accordance with the Meridian Comprehensive Plan. Large-scale and a
broad mix of retail, office, service and light industrial uses are allowed in the C-G zoning district
in close proximity and/or access to interstate or arterial intersections.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the permitted,
accessory, conditional, and prohibited uses in the R-40 zoning district. The proposed multi-family
development is listed as a conditional use in the R-40 zoning district. The specific use standards
listed in UDC 11-4-3-27 for multi-family developments apply to development of this property.
Table 11-2B-2 lists the permitted, accessory, conditional, and prohibited uses in the C-G zoning
district.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2A-8 for the R-40
zoning district and UDC Table 11-2B-3 for the C-G district applies to development of this site.
D. Landscaping Standards (UDC 11-3B): The standards for landscaping contained in UDC 11-3B
and 11-4-3-27F apply to development of this site.
E. Common Open Space & Site Amenity Requirements: Common open space and site amenities are
required to be provided on the site in accord with the requirements listed in UDC 11-3G-3; 11-4-
3-27C; and11-4-3-27D.
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 7
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
REZONE (RZ): The applicant proposes to rezone 5.05 acres of land from the C-G to the R-40
zoning district and 3.37 acres of land from the R-40 to the C-G zoning district for an overall
increase of the R-40 area and decrease of the C-G area. Currently, approximately 18.43 acres of
the site is zoned C-G and 18.25 acres is zoned R-40. The C-G and R-40 zoned areas are basically
proposed to be reconfigured with the C-G portion at the corner of Meridian and McMillan Roads
reducing in size but extending to the north along the Meridian Road frontage.
The applicant has submitted a site plan, included in Exhibit A.4, which depicts how the site is
proposed to develop with a multi-family residential development and commercial lots. The
applicant states that the northeast 6 commercial lots may develop with multi-family residential
uses in the future if market demand is insufficient to consume the available commercial property
at the corner. In that case, a conditional use permit would be required for a multi-family
development on that portion of the site.
The legal description submitted with the application, included in Exhibit C, shows the boundaries
of the property proposed to be rezoned.
The City may require a development agreement (DA) in conjunction with a rezone pursuant to
Idaho Code section 67-6511A. Because the existing zoning is not changing substantially, only the
configuration of the zoning, and the current development agreement anticipates a multi-family
development and commercial uses on this site, staff is not recommending the existing DA is
revised, nor a new DA required.
CONDITIONAL USE PERMIT (CUP): A CUP is requested for a multi-family development in an
R-40 zoning district as required by UDC Table 11-2A-2. The multi-family development is
proposed to consist of 280 dwelling units on one 15.62 acre building lot. The existing
CUP/Planned Development (CUP-03-008) also requires a detailed CUP application to be
submitted and approved prior to any development occurring in the multi-family portion of the
Paramount development.
The multi-family development is proposed to consist of four two-story 16-plex structures fronting
on a pedestrian corridor at the center of the project, and nine three-story 24-plex structures. These
structures will contain a mix of one bedroom (92 units – 33%), two bedroom (152 units – 54%)
and three bedroom (36 units – 13%) units.
The original CUP/Planned Development (CUP-03-008) for the Paramount development
anticipated a total of 270 apartment units at a gross density of 18 dwelling units per acre
(d.u./acre). The reconfigured R-40 area with 280 units results in a comparable density of 17.9
d.u./acre. The Development Agreement currently in effect for Paramount does not restrict the
number of apartment units that may be constructed within this development.
Specific Use Standards: The specific use standards for multi-family developments listed in UDC
11-4-3-27 apply to development of this site as follows:
• A minimum of 80 square feet (s.f.) of private useable open space is required to be
provided for each unit. The applicant states that 81 s.f. of private useable open space will
be provided for each unit through private patios and balconies. Staff recommends floor
plans are submitted with the Certificate of Zoning Compliance application to verify
compliance with this requirement.
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 8
• Developments with 20 units or more shall provide a property management office, a
maintenance storage area, a central mailbox location with provisions for parcel mail that
provides safe pedestrian and/or vehicular access and a directory map of the development
at an entrance or convenient location for those entering the development. A revised site
plan should be submitted prior to the City Council meeting that depicts the location of
these items.
• At a minimum, 250 s.f. of common open space is required for each unit containing more
than 500 s.f. and up to 1,200 s.f. of living area. Because all of the proposed units contain
between 500 and 1,200 square feet of living area, a minimum of 70,000 s.f. (or 1.61
acres) of common open space is required to be provided. A total of 138,700 s.f. (or 3.18
acres) of common open space is proposed consisting of 52,000 s.f. of open play/picnic
area for the southwest pod, 51,500 s.f. pedestrian sidewalk area for center pod, and
35,200 s.f. of open play/picnic and pool area for the northeast pod, in compliance with
this requirement. Staff recommends the landscape plan is revised to include these
calculations.
• For multi-family developments with 75 units or more, 4 site amenities are required to be
provided with at least one from each category listed in UDC 11-4-3-27D. For
developments with more than 100 units, the decision making body shall require
additional amenities commensurate to the size of the proposed development. Because 280
units are proposed, more than 4 amenities should be provided for the site with at least
one from each category. The applicant proposes to provide a clubhouse, swimming
pool, hot tub, (2) accessible playgrounds with open play and picnic areas, (4) barbeque
areas with picnic tables, walking paths, and open grassy areas in compliance with this
requirement. Staff believes these amenities are commensurate with the proposed
development.
• The architectural character of the structures shall comply with UDC 11-4-3-27E. The
conceptual elevations appear to comply with this requirement. Administrative design
review is required with the Certificate of Zoning Compliance application to ensure final
design of structures comply with this requirement and design review requirements.
Note: Windows are required to allow views to exterior activity areas or vistas. Windows
shall be provided on any building facing any common area used for children’s
recreation. All rooftop and wall mounted mechanical, electrical, communications and
service equipment should be screened from public view from the adjacent public streets
and properties by the use of parapets, walls, fences, enclosures or by other suitable
means.
• Landscaping is required to comply with UDC 11-4-3-27-F. All street facing elevations
shall have landscaping along their foundation as follows: the landscaped area shall be at
least 3-feet wide and have an evergreen shrub with a minimum mature height of 24
inches for every 3 linear feet of foundation. The remainder of the area shall be landscaped
with ground cover plans. The landscape plan submitted with the Certificate of Zoning
Compliance for the structures should comply with this requirement.
• The development is required to record legally binding documents that state the
maintenance and ownership responsibilities for the management of the development,
including, but not limited to, structures, parking, common areas, and other development
features. The applicant should submit documentation of compliance with this requirement
with the Certificate of Zoning Compliance application.
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 9
Access: Access to the multi-family development will be provided off of N. Meridian Road and
W. McMillan Road via one access to/from W. Studio Drive, a residential collector public street;
and three accesses to/from N. Oscar Avenue and Motion Picture Drive, both local/commercial
public streets.
Parking: For multi-family developments, off-street parking is required in accord with the
standards listed in UDC Table 11-3C-6 as follows:
For each 1-bedroom unit, 1.5 spaces are required; at least 1 in a covered carport or
garage. Based on (92) 1-bedroom units, a minimum of 92 covered spaces and 46 open
spaces are required.
For each 2 or 3-bedroom unit, 2 spaces are required; at least 1 a covered carport or
garage. Based on (188) 2-3 bedroom units, 188 covered spaces and 188 open spaces are
required.
A total of 280 covered spaces and 234 open spaces are required to be provided for the multi-
family portion of the development. The site plan depicts 98 garage parking spaces and 276
carport spaces for a total of 374 covered spaces and 149 open parking spaces, in compliance
with the UDC requirement.
For the clubhouse, a minimum of one space per 500 square feet of gross floor area is required to
be provided in accord with the standards listed in UDC 11-3C-6B. Based on 7,000 square feet, a
minimum of 14 parking spaces are required as shown on the site plan.
A total of 523 vehicle parking spaces are depicted on the plan; 514 spaces proposed for the multi-
family portion of the development, 14 spaces for the clubhouse. Five additional spaces are
required to be provided for an overall total of 528 spaces. Because there appears to be
sufficient parking in the clubhouse area, staff recommends the applicant analyze the parking
provided for each building to ensure adequate parking is provided for each building based on the
number of bedrooms per units in the structure(s); the additional spaces should be located
accordingly.
A minimum of one bicycle parking space for every 25 proposed vehicle spaces or portion thereof
is required to be provided on the site. Based on 528 vehicle spaces required to be provided on the
site, a minimum of 21 bicycle spaces are required. The applicant proposes 7 bicycle racks capable
of holding a total of 21 bicycles in compliance with this requirement. However, because no
bicycle parking is proposed near the clubhouse, staff recommends a bicycle rack is provided as
close as possible to the entrance of the clubhouse in accord with the standards listed in UDC
11-3C-5C.
Landscaping: Parking lot landscaping is required to be provided in accord with the standards
listed in UDC 11-3B-8C. Street buffer landscaping is required in accord with the standards listed
in UDC 11-3B-7C. Landscaping is required along the foundation of all street facing elevations in
accord with the standards listed in UDC 11-4-3-27F.
Open Space: A minimum of 10% (or 1.56 acres) of the area of the site is required to consist of
qualified open space in addition to the requirements listed in UDC 11-4-3-27, per UDC 11-3G-
3A. Qualified open space must comply with the standards listed in UDC 11-3G-3B. The applicant
has provided detailed calculations for the qualified open space proposed with this development
consisting of 52,000 s.f. of open play/picnic area for the southwest pod; 51,500 s.f. of open area
with a pedestrian walkway for the center pod; and 35,200 s.f. of open play/picnic and pool area
for the northeast pod, which totals approximately 138,700 s.f. (or 3.18 acres) of common open
space in accord with this requirement. (Note: 1.56 acres of open space is required in accord with
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 10
UDC 11-3G-3A and 1.61 acres is required in accord with 11-4-3-27 for a total of 3.16 acres; a
total of 3.18 acres is proposed in accord with both UDC requirements).
Site Amenities: A minimum of one site amenity that meets the requirements listed in UDC 11-
3G-3C is required to be provided with this development in addition to the site amenity
requirements listed in UDC 11-4-3-27, Multi-family Developments, per UDC11-3G-3A.
Qualified site amenities must comply with the standards listed in UDC 11-3G-3C.
Because the applicant is proposing site amenities that staff feels is commensurate with the scope
of this development, staff deems the proposed amenities sufficient and in satisfaction of this
requirement (see specific use standards above for a list of proposed amenities).
Building Elevations/Floor Plans: Conceptual building elevations for the multi-family and
garage structures were submitted by the applicant and included in Exhibit A.5. Administrative
design review is required for all multi-family and garage structures in accord with the design
standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual.
Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate
of Zoning Compliance application for establishment of the new use and to ensure all site
improvements comply with the provisions of the UDC prior to construction, in accord with UDC
11-5B-1.
Design Review: The applicant is required to submit an application for Design Review concurrent
with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and
building design is required to be consistent with the standards listed in UDC 11-3A-19 and the
design guidelines included in the Meridian Design Manual.
PRELIMINARY PLAT (PP): A 28 lot PP consisting of 1 building lot and 5 common lots in the R-
40 zoning district and 22 building lots in the C-G zoning district is proposed on 36.04 acres of
land for Paramount Southeast Subdivision. A phasing plan was not submitted with this
application as the applicant is unsure at this point if the development will be phased.
The applicant anticipates that many of the commercial lots will be consolidated at final platting as
users determine precise site area requirements.
Existing Structures: There are no existing structures on this site.
Dimensional Standards: Staff has reviewed the proposed plat for compliance with the
dimensional standards listed in UDC Table 11-2A.8 for the R-40 zoning district and Table 11-2B-
3 for the C-G zoning district. All of the lots comply with the minimum standards. Construction of
buildings on the site should comply with the setback and dimensional standards for the applicable
district. Note: The building setbacks noted on Sheet 1 of the plat should be revised to reflect a 5
foot side setback per story and street landscape buffer of 25 feet for arterial streets.
A minimum 25-foot wide street buffer is required along N. Meridian Road and W. McMillan
Road, both arterial streets; a 20-foot wide street buffer is required along W. Studio Drive, a
collector street; and a 10-foot wide street buffer is required along the east sides of Motion Picture
Drive and N. Oscar Avenue.
The proposed plat is required to comply with the maximum block length standards listed in UDC
11-6C-3F; staff has reviewed the plat and it complies with these standards.
Access: Access to streets should comply with the standards listed in UDC 11-3A-3.
Four public street accesses are proposed for this development; two via W. McMillan Road and
two via N. Meridian Road, both arterial streets, as shown on the plat. In addition, one driveway
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 11
access is proposed via McMillan Road between Meridian and Motion Picture Drive and one via
Meridian Road between W. Studio Drive and W. McMillan Road; these access driveways will be
restricted to right-in/right-out by ACHD.
In an effort to improve safety, the UDC (11-3A-3) limits access points to arterial streets by
combining and/or limiting access points. In accord with this requirement, Staff recommends the
driveway accesses via N. Meridian and W. McMillan Roads are removed and only the public
street accesses are allowed. A waiver from Council is needed for the proposed access points to
the site via McMillan and Meridian Roads as shown on the plat (see Exhibit A.2). ACHD
deemed the proposed access points complied with District policy when constructed with the
intersection project and is granting approval of the accesses as proposed with the caveat that the
driveway accesses are restricted to right-in/right-out. ACHD deems the proposed layout will
provide a good split of the vehicular traffic in all directions within this development.
Cross-access easements should be depicted on the plat for all of the commercial lots in accord
with UDC 11-3A-3A.2. Direct lot access to N. Meridian Road and W. McMillan Road is
prohibited except for those accesses approved by the City and ACHD with this application.
Stub Streets: There are 3 existing stub streets to this site; one via W. Bluefir Street constructed
with Cedarcreek Subdivision, and one via W. Cagney Street and one via W. Valentino Street,
both constructed with Paramount Subdivision that will connect to Studio Drive. These stub streets
are being extended with the subject project. No other stub streets are proposed or required with
this development.
The right-of-way for Studio Drive should extend to the north property line to provide access to
that parcel (Parcel S0425417360) when it develops in the future, as required by ACHD.
Traffic Impact Study (TIS): ACHD did not require a TIS for this development as they reviewed
and approved this site in 2003 as part of the original Paramount preliminary plat and the proposed
density is substantially the same.
Street Improvements: The ACHD report states the applicant is required to widen the pavement
to a minimum of 17 feet from centerline plus a 3-foot wide gravel shoulder on both N. Meridian
and W. McMillan Roads, and dedicate an additional 3 feet of right-of-way on McMillan Road to
accommodate future road widening. Studio Drive is required to be extended to the north property
line to provide access to that parcel when it develops. No on-street parking is allowed on Studio
Drive and should be signed accordingly.
Landscaping: Street buffer landscaping is required to be provided as set forth in UDC Tables 11-
2A-8 and 11-2B-3 as discussed above under Dimensional Standards. Landscaping within the
street buffers should be provided in accord with the standards listed in UDC 11-3B-7C. The
landscaping shown on the landscape plan appears to comply with these standards; however, the
project calculations table on the landscape plan needs to be revised to include calculations
for the street buffer on the east side of Motion Picture Drive and N. Oscar Avenue to ensure
compliance. A 10-foot wide landscape buffer easement or dedicated buffer should also be
noted on the plat along the east sides of Motion Picture Drive and N. Oscar Avenue per
UDC 11-3B-7C.2.
There is a large conifer tree that exists on this site that is not depicted on the landscape
plan. If, this tree is proposed to be removed, the applicant should contact Elroy Huff, City
Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior
to removal of the tree in accord with UDC 11-3B-10C.5. If this tree is proposed to be
retained on the site, it should be protected from damage to bark, branches, and roots
during construction in accord with UDC 11-3B-10C.
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 12
Multi-Use Pathway: No multi-use pathways are designated on the Pathways Master Plan for this
site.
School Crossing: There is an existing pedestrian crosswalk across N. Meridian Road
approximately 1,100 feet north of the Meridian/McMillan Road intersection for access to Rocky
Mountain High School east of this site. Staff recommends the applicant coordinate with
ACHD to possibly relocate the crosswalk and pedestrian signal closer to the Motion Picture
Drive/Meridian Road intersection to provide a more direct pedestrian route from the
apartments to the school.
Waterways: There doesn’t appear to be any open ditches on this site. The UDC (11-3A-6A)
requires all irrigation ditches, laterals and canals to be piped, or otherwise covered unless left
open as a water amenity or linear open space.
Fencing: No fencing is depicted on the landscape plan for this site. All fencing should comply
with the standards listed in UDC 11-3A-7.
Sidewalks: Sidewalks are required to be provided with development in accord with the standards
listed in UDC 11-3A-17.
A detached sidewalk exists along the entire frontage of N. Meridian Road and along a portion of
the W. McMillan Road frontage; the remainder of the sidewalk along McMillan is required to be
constructed with the first phase of development. A 5-foot wide detached sidewalk is proposed
along Studio Drive and along both sides of Motion Picture Drive and N. Oscar Avenue as shown
on the landscape plan.
Utilities: Street lighting is required to be installed within the development in accord with the
City’s adopted standards, specifications and ordinances. All development is required to connect
to the City water and sewer system unless otherwise approved by the City Engineer in accord
with UDC 11-3A-21.
Pressurized Irrigation: An underground pressurized irrigation system is required to be provided
for the development in accord with UDC 11-3A-15 as proposed.
Storm Drainage: An adequate storm drainage system is required in all developments in accord
with the City’s adopted standards, specifications, and ordinances, per UDC 11-3A-18.
Building Elevations: No building elevations were submitted for the commercial portion of the
development. The architecture in the commercial portion should tie in with that of the residential
portion of the development in accord with the guidelines listed in the Meridian Design Manual.
See analysis above under Conditional Use Permit for information on the building elevations
submitted for the residential portion of the development.
Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate
of Zoning Compliance application for establishment of new uses and to ensure all site
improvements comply with the provisions of the UDC prior to construction of any structures or
site improvements on the site, in accord with UDC 11-5B-1.
Design Review: The applicant is required to submit an application for Design Review concurrent
with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and
building design of all structures on the site is required to be consistent with the design standards
listed in UDC 11-3A-19 and the design guidelines included in the Meridian Design Manual.
Staff recommends approval of the subject applications with the conditions listed in Exhibit B per
the Findings in Exhibit D.
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 13
X. EXHIBITS
A. Drawings
1. Vicinity Map
2. Preliminary Plat (dated: April 2014)
3. Landscape Plan (dated: January 2015)
4. Site Plan (dated: 1/14/15)
5. Conceptual Building Elevations
B. Agency Comments/Conditions of Approval
1. Planning Division
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
C. Legal Description and Exhibit Map for Proposed Rezone
D. Required Findings from Unified Development Code
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 14
Exhibit A.1: Vicinity Map
Site
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 15
Exhibit A.2: Preliminary Plat (dated: April 2014)
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 16
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 17
Exhibit A.3: Landscape Plan (dated: January 2015)
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 18
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 19
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 20
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 21
Exhibit A.4: Site Plan (dated: 1/14/15)
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 22
Exhibit A.5: Conceptual Building Elevations
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 23
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 24
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 25
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 26
B. Agency Comments/Conditions
1. PLANNING DEPARTMENT
1.1 Site Specific Conditions of Approval
1.1.1 Development of the site shall substantially comply with the site plan and building elevations
included in Exhibit A, the design standards listed in UDC 11-3A-19 and the guidelines contained
in the City of Meridian Design Manual, and the conditions in this report.
1.1.2 The developer shall comply with the specific use standards for multi-family developments listed
in UDC 11-4-3-27, including but not limited to the following:
a. The applicant shall record legally binding documents that state the maintenance and
ownership responsibilities for the management of the development, including, but not limited to,
structures, parking, common areas, and other development features, per UDC 11-4-3-27G.
b. Provide a minimum of 80 square feet (s.f.) of private useable open space for each unit; submit
floor plans for each structure type demonstrating compliance with this requirement.
c. The architectural character of the structures shall comply with UDC 11-4-3-27E.
The plans/documents submitted with the Certificate of Zoning Compliance and Design Review
application(s) for this development shall demonstrate compliance with these standards.
1.1.3 The preliminary plat included in Exhibit A.2, dated April 2014, shall be revised as follows:
a. A 10-foot wide landscape buffer easement or dedicated buffer shall be noted on the plat along
the east sides of Motion Picture Drive and N. Oscar Avenue on the commercially zoned portion
of the site as required by UDC 11-3B-7C.2.
b. The building setbacks noted on Sheet 1 shall be revised to reflect a 5 foot side setback per
story and street landscape buffer of 25 feet for arterial streets.
c. Cross-access easements shall be noted and/or depicted on the plat for the commercial lots in
accord with UDC 11-3A-3A.2. A separate cross-access easement agreement may be recorded.
d. The driveway accesses via W. McMillan Road (between N. Meridian Road and Motion
Picture Drive) and N. Meridian Road (between W. Studio Drive and W. McMillan Road) are not
approved and shall be removed, unless a waiver to UDC 11-3A-3A is approved by City Council
with this application. City Council approved a waiver to UDC 11-3A-3A to allow the access
points as shown on the site plan.
e. A note shall be added to the plat that prohibits direct lot access to N. Meridian Road and W.
McMillan Road except for those accesses approved by the City and ACHD with this application.
1.1.4 The landscape plan included in Exhibit A.3, dated January 2015, shall be revised as follows:
a. Landscaping is required to be provided along the foundation of all street facing elevations in
accord with the standards in UDC 11-4-3-27-F.
b. Include berms along the portions of the perimeter of the development adjacent to W. Studio
Drive where garages aren’t proposed as an added buffer to the existing residences to the north and
west of the site.
c. Include a calculations table demonstrating compliance with the qualified open space
requirements listed in UDC 11-3G-3B and 11-4-3-27C.
d. The project calculations table needs to include calculations for the street buffer on the east
side of Motion Picture Drive and N. Oscar Avenue on the commercial portion of the site.
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 27
e. A minimum 5-foot wide detached sidewalk shall be depicted along the portion of W.
McMillan Road where none exists in accord with UDC 11-3A-17.
f. The large conifer tree that exists on this site along N. Meridian Road shall be depicted on the
plan as an existing tree to either be retained or removed. If, this tree is proposed to be removed,
the applicant shall contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to
confirm mitigation requirements prior to removal of the tree in accord with UDC 11-3B-10C.5. If
this tree is proposed to be retained on the site, it shall be protected from damage to bark,
branches, and roots during construction in accord with UDC 11-3B-10C.
1.1.5 The site plan included in Exhibit A.4, dated 1/14/15, shall be revised as follows:
a. Depict the location of a property management office, a maintenance storage area, a central
mailbox location with provisions for parcel mail that provides safe pedestrian and/or vehicular
access and a directory map of the development at an entrance or convenient location for those
entering the development, in accord with UDC 11-4-3-27B.
b. Provide an additional 5 vehicle parking spaces within the multi-family portion of the
development per UDC11-3C-6 for an overall total of 528 spaces as discussed in Section IX of the
staff report.
c. A bicycle rack shall be provided as close as possible to the entrance of the clubhouse in
accord with the standards listed in UDC 11-3C-5C.
A revised site plan reflecting these requirements shall be submitted at least 10 days prior to the
City Council hearing.
1.1.6 The final plat shall substantially comply with the approved preliminary plat in accord with the
requirements listed in UDC 11-6B-3C.
1.1.7 A minimum 5-foot wide detached sidewalk shall be constructed along McMillan Road where
none exists with the first phase of this development.
1.1.8 The applicant shall provide at a minimum, a clubhouse, swimming pool, hot tub, (2) accessible
playgrounds with open play and picnic areas, (4) barbeque areas with picnic tables, walking
paths, and open grassy areas as proposed in accord with the site amenity requirements listed in
UDC 11-3G-3C and 11-4-3-27D.
1.1.9 The architecture in the commercial portion of the development shall tie in with that of the
residential portion of the development in accord with the guidelines listed in the Meridian Design
Manual.
1.1.10 A minimum of 3.18 acres of qualified open space is required to be provided on the site as set
forth in UDC 11-3G-3A and 11-4-3-27C in accord with the standards listed in UDC 11-3G-3B
and 11-4-3-27C.
1.1.11 The developer shall coordinate with ACHD to possibly relocate the existing crosswalk and signal
on N. Meridian Road closer to the Motion Picture Drive/N. Meridian Road intersection to provide
a more direct pedestrian route from the apartments to the school.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC
Chapter 2 District regulations.
1.2.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
1.2.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11.
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 28
1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-
15, UDC 11-3B-6 and MCC 9-1-28.
1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J.
1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3B-5I,
11-3B-8C, and Chapter 3 Article C.
1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-
7C (streets).
1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-
11C.
1.2.10 Protect any existing trees on the subject property that are greater than four-inch caliper and/or
mitigate for the loss of such trees as set forth in UDC 11-3B-10.
1.2.11 Provide bicycle parking spaces as set forth in UDC 11-3C-6G consistent with the design
standards as set forth in UDC 11-3C-5C.
1.2.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12.
1.2.13 Construct all required landscape areas used for storm water integration consistent with the
standards as set forth in UDC 11-3B-11C.
1.2.14 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the
guidelines set forth in the City of Meridian Design Manual.
1.2.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
1.2.16 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site.
1.2.17 All fencing constructed on the site shall comply with the standards as set forth in UDC 11-3A-7
and 11-3A-6B as applicable.
1.3 Ongoing Conditions of Approval
1.3.1 The conditional use may only be transferred or modified consistent with the provisions as set forth
in UDC 11-5B-6G. The applicant shall contact Planning Division staff regarding any proposed
modification and/or transfer of ownership.
1.3.2 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
1.4 Process Conditions of Approval
1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
1.4.2 The conditional use approval shall be null and void if the applicant fails to 1) commence the
use within two years as set forth in UDC 11-5B-6F1 or 2) gain approval of a time extension as set
forth in UDC 11-5B-6F4.
1.4.3 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design
Review application from the Planning Division, prior to submittal of any building permit
application.
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 29
2. PUBLIC WORKS DEPARTMENT
2.1 General Conditions of Approval
2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to provide
service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover
from top of pipe to sub-grade is less than three feet than alternate materials shall be used in
conformance of City of Meridian Public Works Departments Standard Specifications.
2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20-feet wide for a
single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but
rather dedicated outside the plat process using the City of Meridian’s standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document. All easements must be
submitted, reviewed, and approved prior to development plan approval.
2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, a single-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
prior to receiving development plan approval.
2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer.
2.2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6.
Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association
(ditch owners), with written approval or non-approval submitted to the Public Works Department.
If lateral users association approval can’t be obtained, alternate plans shall be reviewed and
approved by the Meridian City Engineer prior to final plat signature.
2.2.7 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,
fencing installed, drainage lots constructed, road base approved by the Ada County Highway
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 30
District and the Final Plat for this subdivision shall be recorded, prior to applying for building
permits.
2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, etc., prior to signature on the final plat.
2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro-
paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.2.12 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1-foot above.
2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACHD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and approved
prior to the issuance of a certification of occupancy for any structures within the project.
2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public
roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights
shall be installed at developer’s expense. Final design shall be submitted as part of the
development plan set for approval, which must include the location of any existing street lights.
Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street
Lighting. A copy of the standards can be found on the city of meridian Public Works
Department’s website at http://www.meridiancity.org/public_works.aspx?id=272. The
contractor’s work and materials shall conform to the ISPWC and the City of Meridian
Supplemental Specifications to the ISPWC.
2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure
prior to final plat signature. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 31
2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-221.
3. FIRE DEPARTMENT
3.1 Any newly installed Fire Department connections for sprinkler or standpipes will require locking
Knox box plugs.
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 ½” outlet face the main street or parking lot drive aisle.
b. Fire hydrants shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10’.
f. Fire hydrants shall be placed 18” above finished grade to the center of the 4 ½” outlets.
g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
3.3 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.
3.4 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.
3.5 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire
Code Sections 503.4 & D103.6.
3.6 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.
3.7 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather
surface are required to be installed before combustible construction material is brought onto the site,
as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J.
3.8 Maintain a separation of 5’ from the building to the dumpster enclosure as set forth in International
Fire Code Section 304.3.3.
3.9 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire
Code Section 506.
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 There shall be a fire hydrant within 100’ of all fire department connections as set forth in local
amendment to the International Fire Code 10-4-2L.
3.12 Buildings over 30’ in height are required to have access roads in accordance with the International
Fire Code Appendix D Section D105.
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 32
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to the site design submitted with the application.
5. REPUBLIC SERVICES
5.1 The applicant shall contact Bob Olson, Republic Services, at 208-345-1265 or
rolson@republicservices.com to obtain approval of the dumpster locations on the multi-family
residential portion of the site.
6. PARKS DEPARTMENT
6.1 The Park’s Department has no comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 If there are any deficiencies to existing facilities on Meridian Road or McMillan Road, the
applicant shall be required to improve per the Minor Improvements Policy.
7.1.2 Widen the pavement on Meridian Road to a minimum of 17-feet from centerline plus a 3-foot
wide gravel shoulder.
7.1.3 Dedicate 3-feet of additional right-of-way on McMillan Road; and provide a sidewalk easement
for the detached sidewalk.
7.1.4 Widen the pavement on McMillan Road to a minimum of 17-feet from centerline plus a 3-foot
wide gravel shoulder. If the applicant chooses to construct vertical curb and gutter, then
McMillan Road should be improved to one-half of a 46-foot street section.
7.1.5 Studio Drive shall be constructed as a 46-foot street section to accommodate the turn lanes, 2-thru
lanes and bike lanes at the intersections with Meridian Road and McMillan Road. Beyond the
intersection the roadway can narrow to a 36-foot street section to accommodate 2-thru lanes and
bike lanes. Vertical curb and gutter is required, with either a 5-foot wide detached concrete
sidewalk or a 7-foot wide attached concrete sidewalk. Right-of-way shall be dedicated to extend
to 2-feet beyond the back of sidewalk. At the north property line, the right-of-way for Studio
Drive shall extend to the north property line to provide access to that parcel when it develops. The
street shall be signed for “NO PARKING”.
7.1.6 Construct Motion Picture Drive and Oscar Avenue as 36-foot street sections, with vertical curb,
gutter and 5-foot wide attached concrete sidewalk, within 50-feet of right-of-way.
7.1.7 All street intersection locations are approved as proposed, per the preliminary plat.
7.1.8 All driveways shown on the preliminary plat are approved as proposed. Driveways shall be
constructed as curb return driveways with 15-foot curb radii, with a maximum width of 30-feet.
7.1.9 The driveway on Meridian Road located 320-feet north of McMillan Road shall be signed for
“NO LEFT TURNS” at the driveway exit.
7.1.10 The driveway on McMillan Road located 340-feet west of Meridian Road shall be signed for
“NO LEFT TURNS” at the driveway exit.
7.1.11 Extend the existing median in McMillan Road to extend 75-feet west of the proposed driveway
located 340-feet west of Meridian Road.
7.1.12 The District’s Tree Planter Policy prohibits all trees in planters less than 8-feet in width without
the installation of root barriers. Class II trees may be allowed in planters with a minimum width
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 33
of 8-feet, and Class I and Class III trees may be allowed in planters with a minimum width of 10-
feet.
7.1.13 A license agreement is required for all landscaping proposed within ACHD right-of-way or
easement areas. Trees shall be located no closer than 10-feet from all public storm drain facilities.
Landscaping should be designed to eliminate site obstructions in the vision triangle at
intersections. District Policy 5104.3.1 requires a 40-foot vision triangle and a 3-foot height
restriction on all landscaping located at an uncontrolled intersection and a 50-foot offset from
stop signs. Landscape plans are required with the submittal of civil plans and must meet all
District requirements prior to signature of the final plat and/or approval of the civil plans.
7.1.14 If medians are installed in the road, there shall be a minimum of 20’feet of pavement on each side
of the median; the median shall be platted as right-of-way owned by ACHD; the width of an
island near an intersection is 12-feet maximum for a minimum distance of 150-feet. Beyond the
150-feet, the island may increase to a maximum width of 30-feet; the Developer or Homeowners
Association shall apply for a license agreement if landscaping is to be placed within these
medians; the license agreement shall contain the District’s requirements of the developer
including, but not limited to, a “hold harmless” clause; requirements for maintenance by the
developer; liability insurance requirements; and restrictions; vertical curbs are required around
the perimeter of any raised median. Gutters shall slope away from the curb to prevent ponding.
7.1.15 Meridian Road and McMillan Road are classified as minor arterial roadways. Other than the
access specifically approved with this application, direct lot access is prohibited to these
roadways and shall be noted on the final plat.
7.1.16 Payment of impacts fees are due prior to issuance of a building permit.
7.1.17 Comply with all Standard Conditions of Approval.
7.2 Standard Conditions of Approval
7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all
easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way
(including all easements).
7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the
ACHD right-of-way.
7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing
non-compliant pedestrian improvements abutting the site to meet current Americans with
Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of
ADA compliance to District Development Review staff for review.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all
landscaping proposed within ACHD right-of-way or easement areas.
7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 34
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for
details.
7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable ACHD
Standards unless specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
7.2.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant’s authorized representative and an authorized
representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of
any change from ACHD.
7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site
plan and may require additional improvements to the transportation system at that time. Any
change in the planned use of the property which is the subject of this application, shall require the
applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time
unless a waiver/variance of the requirements or other legal relief is granted by the ACHD
Commission.
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 35
C. Legal Description and Exhibit Map for Proposed Rezone
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 36
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 37
EXHIBIT A
Paramount Southeast RZ-15-001; PP-15-002; CUP-15-002 PAGE 38
D. Required Findings from Unified Development Code
1. REZONE :
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 City Council finds the proposed reconfiguration of the R-40 and C-G zoning districts and
associated rezone is consistent with the HDR and Commercial 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 City Council finds that the existing and proposed R-40 zoning district and proposed
multi-family residential use is consistent with the purpose statement of the residential district
in that it provides for a range of housing opportunities including apartments as proposed.
Additionally, the City Council finds the proposed existing and proposed C-G zoning is
consistent with the purpose statement of the commercial district as it will provide for a
variety of commercial and retail uses.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The City 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 City 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 11-5B-3.E).
Because this application is for a rezone, the City Council finds this finding is not applicable.
2. PRELIMINARY PLAT :
In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the
decision-making body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan;
The City Council finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan in regard to land use, transportation, and circulation. Please see
Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more
information .
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The City Council finds that public services will be provided to the subject property upon
EXHIBIT A
development. (See Exhibit B of the Staff Report for more details from public service
providers.)
c. The plat is in conformance with scheduled public improvements in accord with the
City’s capital improvement program;
Because City water and sewer and any other utilities will be provided by the developer at
their own cost, the City 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;
Based upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) the
City Council finds there is public financial capability of supporting services for the proposed
development. (See Exhibit B for more detail.)
e. The development will not be detrimental to the public health, safety or general welfare;
and
The City Council finds the platting of this property will not will not be detrimental to the
public health, safety or general welfare. ACHD considers road safety issues in their analysis.
3. CONDITIONAL USE PERMIT :
The Commission and Council shall review the particular facts and circumstances of each
proposed conditional use in terms of the following, and may approve a conditional use permit if
they shall find evidence presented at the hearing(s) is adequate to establish:
a. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
The City 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-40 zoning
district and the specific use standards for multi-family developments.
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and
in accord with the requirements of this Title.
The City Council finds that the proposed multi-family residential use in the R-40 zone meets
the objectives of the Comprehensive Plan.
c. That the design, construction, operation and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the
general vicinity and that such use will not adversely change the essential character of
the same area.
The City Council finds that the general design, construction, operation and maintenance of
the multi-family use will be compatible with existing residential and future commercial uses
in the vicinity and with the existing and intended character of the vicinity so as to not
adversely change the character of the area.
d. That the proposed use, if it complies with all conditions of the approval imposed, will
not adversely affect other property in the vicinity.
The City 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 A
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 City Council finds that sanitary sewer, domestic water and irrigation can be made
available to the subject property. Please refer to comments prepared by the Public Works
Department, Fire Department, Police Department and other agencies.
f. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
The City Council finds that the applicant will pay to extend the sanitary sewer and water
mains into the site. No additional capital facility costs are expected from the City. The
applicant and/or future property owners will be required to pay impact fees.
g. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The City Council finds that the proposed development should not involve activities that will
create nuisances that would be detrimental to the general welfare of the surrounding area.
The City 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 City Council finds that the proposed development will not result in the destruction, loss
or damage of any natural feature(s) of major importance.