Timbergrove MDA 14-007 ADA COUNTY RECORDER Christopher D. Rich 2015-038368
BOISE IDAHO Pgs=38 VICTORIA BAILEY 05/06/2015 01:29 PM
MERIDIAN CITY NO FEE
1111111111111 III I III I II I I 111111111111111111 111 111
00094932201500383680380385
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Blue Marlin Investments, LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this actS day of Py v1\ , 2015, 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 Blue Marlin Investments, LLC, whose address is PO Box 8204,
Boise, Idaho 83707, 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 of Ada, State of Idaho, described in
Exhibit "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 § 67-6511A 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 11-5B-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 the
Modification of a Development Agreement to exclude the property from
the original development agreements (Instrument #106191305 and
#114002255) for the sole purpose of entering into a new one on 4.945
acres described in Exhibit"A". Owner/Developer requested approval of a
preliminary plat consisting of twenty (20) buildable lots and three (3)
common lots in the C-G zoning district, 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
DEVELOPMENT AGREEMENT—TIMBERGROVE(MDA—14-007) PAGE 1 OF 8
1.6 WHEREAS, the record of the proceedings for the preliminary plat 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 5th day of August, 2014, the Meridian City Council
approved certain Findings 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
preliminary plat application; 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 preliminary
plat application 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-TIMBERGROVE(MDA-14-007) PAGE 2 OF 8
3.2 OWNER/DEVELOPER: means and refers Blue Marlin Investments,
LLC, whose address is PO Box 8204, Boise, Idaho 83707, 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 zoned General Retail and Service Commercial
District (C-G) 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
right 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 the site shall be comply with the preliminary plat,
landscape plan and elevations included in Exhibit "B" (Findings of Fact
and Conclusions of Law with attached Staff Report). A maximum of 80
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 Future development of this site shall be consistent with the design
standards in UDC 11-3A-19 and the guidelines in the Meridian Design
Manual.
5.1.4 This development is no longer subject to recorded Development
Agreement Instrument# 106191305 and Instrument# 114002255.
6. COMPLIANCE PERIOD This Agreement must be fully executed within two
(2) years after the date of the Findings of Fact and Conclusions of Law for the Modification of
Development Agreement or it is null and void.
DEVELOPMENT AGREEMENT-TIMBERGROVE(MDA-14-007) PAGE 3 OF 8
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.
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 in the original
development agreements, 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.
DEVELOPMENT AGREEMENT-TIMBERGROVE(MDA-14-007) PAGE 4 OF 8
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. 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. 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.
11. 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.
12. 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.
13. 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: with copy to:
City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E. Broadway Avenue
Meridian, Idaho 83642 Meridian, ID 83642
OWNER/DEVELOPER:
Blue Marlin Investments, LLC
PO Box 8204
Boise, Idaho 83707
13.1 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.
DEVELOPMENT AGREEMENT-TIMBERGROVE(MDA-14-007)
PAGE 5 OF 8
14. 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 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.
15. 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.
16. 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.
17. 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.
18. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each
party shall act reasonably in giving any consent, approval, or taking any other action under this
Agreement.
19. 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.
20. 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.
DEVELOPMENT AGREEMENT-TIMBERGROVE(MDA-14-007) PAGE 6 OF 8
20.1 No condition governing the uses and/or conditions governing re-zoning of the
subject Property herein provided for can be modified or amended without the
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.
21. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on
the date the Meridian City Council shall adopt the Agreement and upon execution of the Mayor
and City Clerk.
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
OWNER/DEVELOPER:
Blue Marlin Investments, LLC
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By:
CITY OF MERIDIAN
By:
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DEVELOPMENT AGREEMENT-TIMBERGROVE(MDA-14-007) PAGE 7 OF 8
STATE OF IDAHO )
: ss:
County of Ada, )
On this 5-6 day of , 2015, before me, the undersigned, a Notary Public in
and for said State, personally a eared Se-4--V3 I.1,bbv? , known or
identified to me to be the &Awl%V of Blue Marlin Investments, 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.
ific )6-t(.7()), AlAlc3
ate fir•
•. Notary Publi for Idaho
•1.1OTARy Residing at: 3\� {�
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PUBLIC /
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STATE OF IDAHO )
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County of Ada )` //
op?6.4 , 2015, before me, a NotaryPublic,
On this day of ,
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.
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(SEAL) 414:� Notary Public f r Idaho
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DEVELOPMENT AGREEMENT—TIMBERGROVE(MDA-14-007) PAGE 8 OF 8
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
C%WEF'IIDAN-
AHO
In the Matter of Preliminary Plat Consisting of 20 Buildable Lots and 3 Common Lots; Conditional
Use Permit for a 80 -unit Multi -family Development; Development Agreement Modification to
Exclude the Property from the Recorded Development Agreements (Instrument #106191305 and
#114002255) AND Alternative Compliance to deviate from the 20 -foot wide Landscape Buffer
Adjacent to N. Centrepointe Way for Timbergrove Subdivision, Located on the West Side of N.
Centrepointe Way; north of E. Ustick Road, by A Team Land Consultants
Case No(s). PP -14-007, CUP -14-006, MDA -14-007 and ALT -14-005
For the City Council Hearing Date of. July 22, 2014 (Findings on August 5, 2014)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of July 22, 2014, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of July 22, 2014, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 22, 2014,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of July 22, 2014, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
CITY OP MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP -14-007, CUP -14-006, MDA -14-007 and ALT -14-005
-I-
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.
That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of July 22, 2014, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for preliminary plat, conditional use permit, development agreement
modification and alternative compliance is hereby approved per the conditions of approval in
the attached Staff Report for the hearing date of July 22, 2014, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two (2) years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat (UDC 11-613-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two (2) years, may be considered for
final approval without resubmission for preliminary plat approval (UDC 11-613-713).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-613-7.A, the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up
to two (2) years as determined and approved by the City Council may be granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again (UDC 11-
6E -7C).
Notice of Two (2) Year Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a maximum
period of two (2) years unless otherwise approved by the City. During this time, the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting, the final plat must be signed by the City
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASENO(S). PP -14-007, CUP -14-006, MDA -14-007 and ALT -14-005
-2-
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 11-513-6.G.1, the Director may authorize a single extension of the time to commence the
use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as
determined and approved by the City Council may be granted. With all extensions, the Director
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title 11(UDC 11-513-6F).
Notice of Two (2) Year Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City
within two (2) years of the City Council granting the modification (UDC 11-513-3F.2).
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the City if filed prior to the end of the two (2) year approval period
(UDC 11-513-31'.3).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a fmal 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 July 22, 2014
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP -14-007, CUP -14-006, MDA -14-007 and ALT -14-005
-3-
By action of the City Council at its regular meeting held on the day of v S
2014.
COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED aq 2
COUNCIL VICE PRESIDENT KEITH BIRD VOTED 0.y e -
COUNCIL MEMBER DAVIDZAREMBA VOTED 6-te-
COUNCIL MEMBER JOE BORTON VOTED ay e
COUNCIL MEMBER LUKE CAVENER VOTED a. e,
COUNCIL MEMBER GENESIS IV LAM VOTED ay j -e
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor T x m de Weerd
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Copy served upon Applicant, The anning Department, Public Works Department and City Attorney.
-11
Dated:��{
Ci C erl s e '
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP -14-007, CUP -14-006, MDA -14-007 and ALT -14-005
-4-
STAFF REPORT
HEARING DATE: July 22, 2014 E IDIAN*--
TO: Mayor and City Council I D A H O
FROM: Bill Parsons, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
(208) 887-2211
SUBJECT: Timbergrove — PP-14-007, CUP-14-006, MDA-14-007 and ALT-14-005
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant has applied for a preliminary plat consisting of twenty (20) buildable lots and three (3)
common lots on approximately 4.28 acres in the C -G zoning district; a conditional use permit (CUP)
for a multi -family development consisting of twenty (20) four-plex structures, totaling eighty (80)
dwelling units; a development agreement modification to exclude the property from the original
development agreements for the sole purpose of entering into a new one; and alternative compliance
to deviate from the 20 -foot wide street buffer along the west side of N. Centrepoint Way. (See Section
9 for further analysis)
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed PP, CUP, MDA and ALT 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
Dublic hearing, the Commission moved to recommend approval of the subject PP and CUP
requests.
a. Summary of Commission Public Hearing:
i. In favor: Steve Arnold
ii. In opposition: None
iii. Commenting: Jonathan Seel and David John
iv. Written testimony: Steve Arnold and Jonathan Seel
v. Staff presenting application: Bill Parsons
A. Other staff commenting on application: Justin Lucas
b. Key Issue(s) of Discussion by Commission:
i. The alignment of the southern access. with the adjacent commercial lot.
ii. Pedestrian safetv within the complex due to the proximity of the development adjacent
to N. Centrepoint Way.
iii. Pedestrian connection to Champion Park.
iv. Orienting the entries of the units that front on N. Centrepointe Way away from the
roadway.
c. Key Commission Change(s) to Staff Recommendation:
i. Commission modified condition 1.2.1, bullet #1 and required the construction of the
share driveway to the commercial lot prior to occupancy of the first four-plex structure;
ii. Commission modified condition 1.2.2 bullet #2 to further clarify the 30 -foot wide
landscape buffer was required on the west boundary of N. Centrepointe Way.
d. Outstanding Issue(s) for City Council:
i. Reduced buffer along the north boundary of the southern commercial lot. The
developer of the commercial lot is requesting Council to approve a 5 -foot wide
Timbergrove PP -14-007, CUP -14-006, MDA -14-007 & ALT -14-005 PAGE 1
landscape buffer along the north boundary with the development of the commercial lot
and add a DA provision that references Council's action.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers PP -14-
007, CUP -14-006 and MDA -14-007, as presented in the staff report for the hearing date of July 22,
2014, with the following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers File
Numbers PP -14-00, CUP -14-006 and MDA -14-007, as presented during the hearing on July 22,
2014, for the following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Numbers PP -14-007, CUP -14-006 and MDA -14-007, 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 west side of N. Centrepoint Way and north of E. Ustick Road in the SE
1/4 of Section 32, Township 4N., Range IE. (Parcel No's. R1343770020; R1343770030;
R1343770040; R1343770050; R1343770060; R1343770070 & R1343770080)
B. Owner:
Blue Marlin Investments, LLC
P.O. Box 8204
Boise, ID 83707
C. Applicant/Representative:
Steve Arnold, A Team Land Consultants
1785 S. Whisper Cove Avenue
Boise, ID 83709
D. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject applications are for a preliminary plat, conditional use permit and development
agreement modification. 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)
Timbergrove PP -14-007, CUP -14-006, MDA -14-007 & ALT -14-005 PAGE 2
VI. LAND USE
A. Existing Land Use(s): The site is vacant commercial property.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Vacant commercial property, zoned C -G
South: Vacant commercial property, zoned C -G
East: Commercial Shopping Center, zoned C -G
West: Champion Park Subdivision, zoned R-8
C. History of Previous Actions: In 2003, the property received annexation approval (AZ -03-025)
with commercial zoning. At the time of annexation approval, the City required the execution of a
development agreement which recorded as Instrument #105048793. In 2005, a 1.5 acre parcel
was annexed (AZ -05-065) and a development agreement modification (MI -05-017) was approved
which incorporated the remnant acreage into the original DA (Instrument #106060856).
In 2006, the property received preliminary plat, final plat and development agreement
modification (PP -06-020, FP -06-035 and MI -06-008) approval from the City to develop a
commercial subdivision. The new development agreement recorded as Instrument #106191305.
In 2012, the owner amended the recorded DA (MDA -12-007) to allow the multi -family use
within the Centrepoint development. The first addendum recorded as Instrument #114002255.
D. Utilities:
a. Location of sewer: A sewer main intended to provide service to the project currently
exists in N. Centrepoint Way.
b. Location of water: A water main intended to provide service to the project currently
exists in N. Centrepoint Way.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: NA
2. Hazards: Staff is unaware of any hazards associated with the development of the property.
3. Flood Plain: NA
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Mixed-use Regional" on the Comprehensive Plan Future Land Use Map.
The mixed-use area anticipates densities between six (6) and forty (40) dwellings per acre. The
proposed site plan depicts 80 dwelling units on 4.28 acres for a total gross density of 18.7 dwelling
units/acre which falls within the density parameters stated in 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 favorable for a multi family development because of its
proximity to services along the Eagle Road Corridor.
Timbergrove PP -14-007, CUP -14-006, MDA -14-007 & ALT -14-005 PAGE 3
• "Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City." (3.01.0 IF, pg. 45)
City services will be extended with the development of this site.
• "Protect existing residential properties from incompatible land use development on adjacent
parcels." (3.06.01F, pg. 53)
Staff finds that this project provides a transition between the commercial shopping center to
the east and single family attached homes to the west. The scale and bulk of these buildings
are larger than the adjacent residential units to the west however the applicant has oriented
the four plexes at an angle to create greater separation between the rear yards and locate the
entrances away for the adjacent residences. A30 foot wide landscape buffer is also proposed
along a segment off. Centrepoint Way to buffer the multi family development from the
Kohl's loading area. Staff finds the proposed development should be compatible with the
adjacent single family attached homes and the commercial development.
• "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 micropath connection is stubbed at the west boundary of the proposed development. The
applicant has oriented the central open space adjacent to the existing micropath and is
proposing to continue the connectivity to provide pedestrian access to the commercial center
to the east. Further, the connection will also provide a pedestrian connection for future
residents to access the neighborhood park developed in the Champion Park Subdivision to
the west.
• "Encourage infill development in vacant/undeveloped areas within the City over fringe area
development to halt the outward progression of urban development.:" (5.01.02B, pg. 69)
The property has remained vacant for several years and is located between properties that
are developed with residential and commercial uses. City utilities are available to serve the
proposed development. For these reasons, Staff finds 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, pg.
48).
The submitted plat depicts three (3) accesses to N. Centrepoint Way. Two (2) of the proposed
accesses will be aligned with the existing driveways constructed with the commercial
development to the east. The southern driveway will remain in its current location and
facilitate cross access with the adjacent commercial lot south of the proposed development.
ACHD and staff support the access to the proposed development.
Based on the above analysis, staff is supportive of the proposed development as it is generally
consistent with the comprehensive plan.
Timbergrove PP -14-007, CUP -14-006, MDA -14-007 & ALT -14-005 PAGE 4
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone:
The purpose of the commercial districts is to provide for the retail and service needs of the
community in accordance with the Meridian comprehensive plan. Six (6) districts are designated
which differ in the size and scale of commercial structures accommodated in the district, the scale
and mix of allowed commercial uses, and the location of the district in proximity to streets and
highways.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2B-2 lists the permitted,
accessory, conditional, and prohibited uses in the C -G zoning district. The proposed multi -family
development is listed as a conditional use in the C -G 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 11-2B-3 for the C -G
zoning district apply to development of this site.
D. Landscaping Standards:
1. Parking Lot Landscaping: All parking lot landscaping must comply with the standards set
forth in UDC 11 -3B -8C.
2. A 20 -foot wide landscape buffer is required adjacent to N. Centrepoint Way in accord with
UDC Table 11-2B-3. The landscape buffers must comply with the standards set forth in UDC
11 -3B -7C. The applicant has submitted a concurrent alternative compliance application to
deviate from this requirement. (See analysis below)
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 -6B.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
DEVELOPMENT AGREEMENT MODIFICATION (MDA): The subject property is governed by two
(2) development agreements (DA) recorded as instrument # 106191305 and # 114002255
respectively. Currently, the first addendum to the DA does not restrict multi -family residential
from developing on the property however; there are specific provisions that govern the
development of these parcels. These provisions are germane to the development of a
commercial/office development and not a multi- family development. Now that commercial
development is no longer proposed for the subject properties, staff believes it would be easier to
administer development of this property if it were removed from the multiple recorded DA's and
subject to a new one. See Exhibit B for the recommended changes to the development
agreement.
PRELIMINARY PLAT (PP): The applicant is proposing to re -subdivide Lots 2-8, Block 1 of
Centrepoint Subdivision. The proposed preliminary plat consists of twenty (20) buildable lots and
three (3) common lots on approximately 4.28 acres. The twenty (20) buildable lots are proposed
to develop with twenty (20) two story four-plex structures containing eighty (80) two and three
bedroom units. Gross density for the proposed project is 18.7 dwelling units to the acre. The C -G
zoning district does not have a minimum lot size or a maximum density requirement however, the
density falls within the density parameters of the Comprehensive Plan as noted above.
Timbergrove PP -14-007, CUP -14-006, MDA -14-007 & ALT -14-005 PAGE 5
Access: Access to the proposed development is provided from three (3) driveway connections to
N. Centrepoint Way. Two of the driveways will be relocated to re -align with the driveways
constructed with the commercial development located to the east. The southern driveway will
remain in its current location and facilitate cross access to the adjacent commercial lot to the
south. On the submitted plat it indicates three (3) existing driveway approaches will be removed
to facilitate the relocation of two others. Prior to signature on a final plat, the applicant shall
remove the three (3) existing curb cuts and replace them with curb, gutter and 5 -foot attached
sidewalk in accord with ACHD standards.
The parking area and the internal drive aisles are proposed as a common lot (Lot 24, Block 1)
within the development. Since this common lot provides the three (3) public street connections
and cross access to the southern commercial lot, staff recommends the applicant 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. The shared driveway to the commercial lot on the south boundary should
be constructed prior to the issuance of certificate of occupancy for the first structure.
Landscaping/Alternative Compliance (ALT): UDC Table 11-2B-3 requires a 20 -foot wide
landscape buffer adjacent to N. Centrepoint Way. The applicant has submitted a concurrent
alternative compliance application to deviate from constructing a portion of the 20 -foot wide
landscape buffer. Currently, a 10 -foot wide landscape buffer exists along the west side of the
roadway. At the time of the Centrepoint Subdivision approval, the City only required a 10 -foot
buffer to be constructed. To maintain a consistent buffer width along the street, the applicant is
requested to incorporate the 10 -foot buffer into the proposed landscaping that will be installed
with the multi -family development. The reduced buffer also allows the applicant plat a deeper lot
along the west boundary that allows the buildings to be placed at an angle to incorporate more
common open space between the single family attached homes on the west boundary and the
proposed development.
To offset the required landscape buffer the applicant is proposing a 30 -foot wide landscape buffer
along the southern portion of the development to allow for increased trees and to provide
additional buffering from the commercial development to the east. The Director finds the larger
buffer along N. Centrepoint Way and the increased common open space along the west boundary
meets the intent of the landscape ordinance. Therefore the Director's approves the applicant's
request for alternative compliance with a condition that the buffer is bermed and planted with
dense landscaping (trees, shrubs and other vegetative groundcover) to shield the multi -family
development from the Kohl's loading area.
Fencing: The applicant is not proposing to construct any fencing with the proposed development.
There is existing fencing along the west boundary of the development installed with the
Champion Park Subdivision. Any fencing constructed with this development must comply with
UDC 11-3A-7.
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 the C -G zoning district in accord with UDC Table 11-213-2. The proposed multi-
Timbergrove PP -14-007, CUP -14-006, MDA -14-007 & ALT -14-005 PAGE 6
family development consists of twenty (20) two-story four-plex structures containing a total of
eighty (80) dwelling units. Unit mix includes 2 and 3 bedroom dwelling 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 11-2B-3 does not have a
requirement for a rear setback in the C -G zone.) The setback depicted on the plan shows
a minimum setback of 10 feet which complies with this requirement however; the
buildings are placed at an angle to provide variation in the setback along the west
boundary of the development.
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 visibility from the site in accord with this requirement.
c. Private, usable open space: A minimum of 80 square feet of private, usable open space
is required for each unit. This requirement can be satisfied through porches, patios, decks,
and/or enclosed yards. Landscaping, entryway and other access ways shall not count
toward this requirement. All of the units must have 80 square feet of patio space and/or
private open space.
d. Developments with 20 units or more shall provide the following: A property
management office, a maintenance storage area, a central mailbox location (including
provisions for parcel mail), and a directory and map of the development at a convenient
location. The property management office, maintenance storage area and the directory
map are not depicted on the submitted plans and will need to be included to the plans
submitted with the certificate of zoning compliance application. The central mailbox is
located near the open space west of the clubhouse.
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 (80 — 2 and 3 bedroom units), a combined total of 160
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 78 covered parking
stalls and 85 uncovered parking stalls. The submitted site plan is two stalls under the
required number of covered parking stalls. Except for the deficient two cover parking
stalls, the submitted site plan complies with the parking requirements of the ordinance.
The submitted site plan depicts a total of six (6) bikes racks throughout the development.
Staff is supportive of the proposed number of bike racks for the site but a detail was not
provided with the submitted application. With the submittal of certificate of zoning
compliance application, the applicant must provide details of bike racks and cover two
(2) of the proposed parking stalls.
f. Common Open Space Design Requirements: UDC 11-4-3-27C requires a minimum of
250 square feet of outdoor common open space for each unit containing more than 500
square feet and up to 1,200 square feet of living area. (The common open space shall be
not less than 400 square feet in area, and shall have a minimum length and width
dimension of 20 feet.) Because all of the proposed units contain between 500 and 1,200
square feet of living area, a minimum of 20, 000 sf of common open space is required to
Timbergrove PP -14-007, CUP -14-006, MDA -14-007 & ALT -14-005 PAGE 7
be provided. A total of 76,666 sf of common open space is proposed in compliance with
this requirement.
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 75 and 100 units provide a minimum of four
(4) amenities; one from each of the aforementioned categories. The applicant is
proposing the following qualifying amenities: 1) three (3) covered picnic area, 2) central
open grassy area, 3) clubhouse and 4) plaza. Staff finds 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 roof planes and modulation in the fagades. All of the structures are
proposed to incorporate a mix of building materials to include thefollowing: three (3)
wood siding materials (board and batten, horizontal lap and shake), architectural
shingles and belly band (see Exhibit A. 4).
While staff is supportive of the proposed material changes, staff is concerned that the
development will have a monotonous design concept and the applicant has not proposed
any color schemes. At a minimum, staff recommends three (3) distinct color palettes of
earth tone colors to provide color variation. Additionally, staff recommends the applicant
provide three (3) building designs that use the same form and building materials but
orient the materials differently on the fagade 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 carport is a
flat roofed single post design. The Meridian Design Manual (E-2.3.2.4) encourages
carport designs that complement the design of residential structures. Staff recommends
the proposed carports should be painted or powder coated to complement the overall
color scheme for the development.
Compliance with the aforementioned design changes will be required with the submittal
of a certificate of zoning compliance and administrative design review application.
i. Landscaping: Staff has reviewed the submitted landscape for compliance with the UDC.
The landscape 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 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 is required to be provided 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
Timbergrove PP -14-007, CUP -14-006, MDA -14-007 & ALT -14-005 PAGE 8
prior to City Engineer's signature on the Final Plat. All standards of installation shall
apply as listed in UDC 11-3B-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. Proposed Preliminary Plat/Site Plan (dated: 05/07/14)
3. Proposed Landscape Plan (dated: 05/01/14)
4. 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
Timbergrove PP -14-007, CUP -14-006, MDA -14-007 & ALT -14-005 PAGE 9
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Timbergrove PP -14-007, CUP -14-006, MDA -14-007 & ALT -14-005 PAGE 10
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Timbergrove PP -14-007, CUP -14-006, MDA -14-007 & ALT -14-005 PAGE 15
Timbergrove PP -14-007, CUP -14-006, MDA -14-007 & ALT -14-005 PAGE 16
B. Conditions of Approval
1. PLANNING DIVISION
1.1 DEVELOPMENT AGREEMENT MODIFICATION
1.1.1 A new development agreement (DA) is required as part of the project approval. Prior to the
ordinance approval, a new DA shall be entered into between the City of Meridian, the
property owner(s) 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 developer and returned to the city within
two (2) years of the City Council granting approval of the project. 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 80 multi -family
units shall be constructed on the site.
b. Future development of the site shall comply with the ordinances in effect at the time of
development.
c. Future development of the site shall be consistent with the design standards in UDC I I -
3A-19 and the guidelines in the Meridian Design Manual.
d. This development is no longer subject to recorded DA's instrument #'s 106191305 and
#114002255.
1.2 PRELIMINARY PLAT - SITE SPECIFIC CONDITIONS OF APPROVAL
1.2.1 The preliminary plat, prepared by Kestrel Land Surveying, dated 05/07/13, 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 24, Block 1) and the cross access with the commercial lot to the south. The
commercial driveway shall be constructed to the south boundary of the development
(commercial lot) prior to occupancy of the first four-plex structure in accord with UDC
11-3A-3.
Maintenance of all the multi -family common areas shall be the responsibility of the
Timbergrove Subdivision Owners' Association.
Other than the driveways approved by ACHD and the City, direct lot access to N.
Centrepoint Way are prohibited.
Prior to signature on a final plat, the applicant shall remove the three (3) existing curb
cuts on N. Centrepoint Way and replace them with curb, gutter and a 5 -foot attached
sidewalk in accord with ACHD standards.
1.2.2 The landscape plan, prepared by Power Enterprises Inc., dated 05/01/14, shall be revised as
follows:
The applicant shall maintain the 10 -foot landscape buffer on the west side of N.
Centrepoint Way between the northern access and the central access and construct a 30 -
foot wide landscape buffer for the southern portion of the development (west side of N.
Centrepoint Way ) between the central access and the southern access as proposed. This
buffer must be bermed and densely landscaped with trees, shrubs and other vegetative
groundcover to shield the multi -family development from the Kohl's loading area.
Timbergrove PP -14-007, CUP -14-006, MDA -14-007 & ALT -14-005 PAGE 17
• Parking lot landscaping shall comply with the standards set forth in UDC 11-313-8C.
• 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.
• Construct storm water integration facilities that meet the standards as set forth in UDC
11-313-11C.
1.2.3 Per UDC 11-513-5132, the Director (at the applicant's request) approved the alternative
compliance to deviate from constructing a portion of the 20 -foot wide street buffer along the
west side of N. Centrepoint Way as set forth in UDC Table 11-213-3.
1.2.4 Comply with all ACHD conditions of approval.
1.3 General Conditions of Approval
1.3.1 Comply with all bulk, use, and development standards of the C -G 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 1 I -
3A-15, UDC 11-313-6 and MCC 9-1-28.
1.3.3 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.3.4 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-313-5J.
1.4 Process Conditions of Approval
1.4.2 The final plat, and any phase thereof, shall substantially comply with the approved
preliminary plat as set forth in UDC 11-613-3C2.
1.4.3 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 asset forth in UDC 11-613-7.
1.4.4 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 05/07/14, is approved with the following changes:
• Provide a detail of the six (6) bike racks proposed for the development.
• The applicant shall construct the shared driveway to the commercial lot on the south
boundary of the development prior to the issuance of certificate of occupancy for the first
structure.
• 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 minimum setback to the adjacent residences (west boundary) is approved as
proposed.
1.5.2 The landscape plan prepared by Power Enterprises Inc., dated 05/01/14, is approved with the
following changes:
• Landscaping along the foundation of the buildings shall comply with UDC 11-4-3-27-F.
• Provide a minimum of 1.76 acres of common open space as proposed. The applicant shall
provide the following qualifying amenities: 1) three (3) covered picnic areas, 2) extend
the micropath from Champion Park Subdivision, 3) a central open grassy area, 4) a plaza
Timbergrove PP -14-007, CUP -14-006, MDA -14-007 & ALT -14-005 PAGE 18
and 5) a clubhouse as proposed. A detail of the plaza area shall be submitted with the first
certificate of zoning compliance application.
1.5.3 The building elevations attached in Exhibit A.4, are approved with the following changes:
• The applicant shall provide three (3) building designs that use the same form and
building materials but orient the materials differently on the fagades of the
structures to provide variations in the proposed development. The clubhouse shall
incorporate the same mix of building materials as the four-plexes;
• At a minimum, the apartment buildings shall have three (3) color schemes to include
two field colors and one trim color; and
• The carports shall be painted or powder coated to complement the overall color
scheme of the development.
1.5.4 The developer shall comply with the specific use standards for multi -family developments
listed in UDC 11-4-3-27.
1.5.5 All roof and wall -mounted mechanical, electrical, communications, and service equipment
shall be screened from public streets and properties by the use of parapets, walls, fences,
enclosures, or by other suitable means.
1.5.6 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site.
1.5.7 Maintenance of all common areas shall be the responsibility of the developer or assigns.
Record legally binding documents that state the maintenance and ownership responsibilities
for the management of the development, including but not limited to structures, parking,
common areas, private streets, and other development features. A copy of the recorded
document shall be submitted with the first Certificate of Zoning Compliance (CZC). The
responsible party for the maintenance of the development shall be a single entity
overseeing the entire multi -family development.
1.5.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-313-
5I, 11 -3B -8C, and Chapter 3 Article C. At a minimum, 80 of the 163 stalls must be
covered.
1.5.9 Provide at least 80 square feet of private, useable open space, such as a patio or balcony/deck,
for each multi -family dwelling unit in accordance with UDC 11-4-3-2713-3.
1.6 General Conditions of Approval
1.6.1 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. The outdoor
lighting shall have downward shielding on the building and the perimeter lighting shall
not impact the surrounding single family residences.
1.6.2 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.6.3 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-
12. All HVAC equipment shall be screened.
1.6.4 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the
guidelines set forth in the City of Meridian Design Manual.
1.6.5 The conditional use approval shall be null and void if the applicant fails to 1) commence the
use within two years as set forth in UDC 11 -5B -6F1 or 2) gain approval of a time extension
as set forth in UDC 11-513-6174.
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
Timbergrove PP -14-007, CUP -14-006, MDA -14-007 & ALT -14-005 PAGE 19
permit application. NOTE: A CZC application may include one or more multi -family units on
a lot/parcel.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service for this development shall be from extension off of the existing main
in N. Centrepoint Way. 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.
2.2 Domestic water service to this development will be from a looped extension off of the
existing main in N. Centrepoint Way. 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.
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.
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
Timbergrove PP -14-007, CUP -14-006, MDA -14-007 & ALT -14-005 PAGE 20
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
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
Timbergrove PP -14-007, CUP -14-006, MDA -14-007 & ALT -14-005 PAGE 21
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
and48' outside, per International Fire Code Section 503.2.4.
3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in
accordance with International Fire Code Section (IFC) 508.5.4 as follows:
a. Fire hydrants shall have the 4'/2" outlet face the main street or parking lot drive aisle.
b. Fire hydrants shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 ''/z" 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 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 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.For Group R-3 and Group U occupancies, the distance requirement
shall be 600 feet (183 m).
3.8 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in
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International Fire Code Section 304.3.3.
3.9 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in
International Fire Code Section 505.1.
3.10 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.
3.11 All R-2 occupancies with 3 or more units shall be required to be fire sprinkled as set forth in
International Fire Code Section 903.2.8.
3.12 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices
installed without prior approval of the Fire Code Official. National Fire Protection Standard
1141, Section A5.2.18.
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns with the submitted site plan.
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 The Parks Department supports the applicant's micropath connection to Champion Park
Subdivision.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 The applicant shall relocate two (2) driveways to align with adjacent drive isles located
approximately 720 and 1,360 feet north of Ustick Road (measured centerline to centerline).
The southern driveway shall remain in its existing location.
7.2 The applicant shall pay all applicable platting and review fees prior to final approval.
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C. Required Findings from Unified Development Code
1. 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 Commission 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 Commission finds that public services are available and will continue to be provided
to the subject property. See Exhibit B of the Staff Report for more details from public
service providers.
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 Commission 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 Commission
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 Commission is not aware of any health, safety, or environmental problems associated
with the platting of this property that should be brought to the Council's attention.
ACHD considers road safety issues in their analysis. The Commission recommends that
the Council consider any public testimony that may be presented to when determining
whether or not the proposed subdivision may cause health, safety or environmental
problems.
f. The development preserves significant natural, scenic or historic features.
The Commission does not find there are any significant natural, scenic or historic features
that will be lost with development of the site.
2. Conditional Use Permit Findings:
The Commission and Council shall review the particular facts and circumstances of
each proposed conditional use in terms of the following, and may approve a conditional
use permit if they shall find evidence presented at the hearing(s) is adequate to
establish:
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.
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The Commission 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 C -G 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 Commission finds that the proposed multi -family residential use in the C -G zone
meets the objectives of the Comprehensive Plan and UDC.
c. That the design, construction, operation and maintenance will be compatible with
other uses in the general neighborhood and with the existing or intended character
of the general vicinity and that such use will not adversely change the essential
character of the same area.
The Commission 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 Commission recommends that
the Council consider any public testimony that may be presented to determine whether or
not the proposal will adversely affect the other properties in the area.
d. That the proposed use, if it complies with all conditions of the approval imposed,
will not adversely affect other property in the vicinity.
The Commission 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 Commission 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 Commission 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 Commission 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 Commission 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.
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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 Commission finds that the proposed development will not result in the destruction,
loss or damage of any natural feature(s) of major importance. The Commission
recommends that the Council reference any public testimony that may be presented to
determine whether or not the proposed development may destroy or damage a natural or
scenic feature(s) of major importance.
3. Alternative Compliance Findings:
In order to grant approval for alternative compliance, the director shall determine the
following findings:
1. Strict adherence or application of the requirements is not feasible; OR
The Director finds that strict adherence to the landscape standards is not feasible given
the irregular shape of the property to accommodate the proposed development.
2. The alternative compliance provides an equal or superior means for meeting the
requirements; and
The Director finds the alternative compliance provides an equal means for meeting the
City's landscape standards as follows:
1) It maintains a consistent buffer width along N. Centrepoint Way and allows the buffer
to be integrated into the landscaping proposed with the multi -family development;
2) A 30 -foot wide landscape buffer is proposed along the southern portion of the
development to allow for increased trees and to provide additional buffering from the
commercial development to the east and;
3) The reduced buffer allows a deeper lot on the west boundary to angle the buildings to
incorporate more common open space between the single-family attached homes on the
west boundary and the proposed development.
3. The alternative means will not be materially detrimental to the public welfare or
impair the intended uses and character of the surrounding properties.
The Director finds that the proposed alternative will not be detrimental to the public
welfare or impair the use/character of the surrounding properties as noted in Findings #2
above.
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