Twelve Oaks CUP H-2016-0100CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0100
Page 1
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
In the Matter of the Request for Conditional Use Permit for a Multi-Family Development
Consisting of Twenty- Four (24) Dwelling Units in the C-C Zoning District for Twelve Oaks,
Located at 1845 W. Franklin Road, by Twelve Oakes, LLC.
Case No(s). H-2016-0100
For the Planning & Zoning Commission Hearing Date of: October 6, 2016 (Findings on October 20,
2016)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of October 6, 2016, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of October 6, 2016, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of October 6, 2016,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of October 6, 2016, 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 Planning & Zoning Commission 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.
6. That the City has granted an order of approval in accordance with this decision, which shall be
signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0100
Page 2
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 in the attached staff report for the
hearing date of October 6, 2016, 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 Planning & Zoning Commission’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 conditional use permit is hereby approved in accord with the
conditions of approval in the staff report for the hearing date of October 6, 2016, attached as
Exhibit A.
D. Notice of Applicable Time Limits
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 in accord with UDC 11-5B-6F.1.
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 in accord with UDC 11-5B-6F.2.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-5B-6.F.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 Commission may be granted. With all extensions, the Director
or Commission may require the conditional use comply with the current provisions of Meridian
City Code Title 11.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a conditional
use permit 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 October 6, 2016
B action of the Planning & Zoning Commission at its regular meeting held on the
bc V 52016.
COMMISSIONER STEVEN YEARSLEY, CHAIRMAN
COMMISSIONER PATRICK OLIVER, VICE CHAIRMAN
COMMISSIONER RHONDA MCCARVEL
COMMISSIONER RYAN FITZGERALD
COMMISSIONER GREGORY WILSON
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Copy served upon the Applicant, the Planning and Development Services divisions of the Community
Development Department, the Public Works Department and the City Attorney.
By: Dated:
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0100
Page 3
EXHIBIT A
Twelve Oaks – CUP H-2016-0100 1
STAFF REPORT Hearing Date: October 6, 2016
TO: Mayor & City Council
FROM: Sonya Allen, Associate City Planner
208-884-5533
SUBJECT: Twelve Oaks – CUP (H-2016-0100)
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Jim Jewett, Twelve Oaks, LLC, requests a conditional use permit (CUP) for a multi-family
development consisting of 24 dwelling units in the C-C zoning district. See Section IX Analysis for more
information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed CUP application in accord with the Findings in Exhibit C.
The Meridian Planning and Zoning Commission heard this item on October 6, 2016. At the public
hearing, the Commission moved to approve the subject CUP request.
a. Summary of Commission Public Hearing:
i. In favor: Jim Jewett
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Sonya Allen
vi. Other staff commenting on application: None
b. Key Issues of Discussion by Commission:
i. None
c. Key Commission Changes to Staff Recommendation:
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0100 as
presented in the staff report for the hearing date of October 6, 2016, with the following modifications: (Add
any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny H-2016-0100 as presented during
the hearing on October 6, 2016, for the following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number H-2016-0100 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 subject property is located at 1845 W. Franklin Road, in the NE ¼ of Section 14, Township 3N.,
Range 1W.
B. Owner(s):
EXHIBIT A
Twelve Oaks – CUP H-2016-0100 2
Twelve Oaks, LLC
167 E. Whitespur St.
Meridian, ID 83642
C. Applicant:
Jim Jewett, Twelve Oaks, LLC
167 E. Whitespur St.
Meridian, ID 83642
D. Representative:
Carl Porter, Sawtooth Land Surveying, LLC
2030 S. Washington Ave.
Emmett, ID 83617
E. Applicant's Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject application is for a conditional use permit. A public hearing is required before the Planning
& Zoning Commission on this matter, consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: September 19 and October 3, 2016
C. Radius notices mailed to properties within 300 feet on: September 8, 2016
D. Applicant posted notice on site by: September 24, 2016
VI. LAND USE
A. Existing Land Use(s) and Zoning: This site consists of undeveloped land, zoned C-C.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
South: Future residential (multi-family and duplexes) in Twelve Oaks, zoned TN-R;
East: Commercial property in Twelve Oaks, zoned C-C; and rural residential/agricultural property,
zoned R1 in Ada County
West: Future commercial property, zoned C-C; and multi-family residential property, zoned TN-R
North: W. Franklin Road and industrial uses, zoned I-L; and future commercial uses, zoned C-C
C. History of Previous Actions:
In 2006, this property received the following approvals:
Annexation and Zoning (AZ-05-056) of 10.15 acres with a C-C zoning district and 6.08 acres
with a TN-R zoning district under the name of Hark’s Canyon Creek Subdivision. A
development agreement was approved as a provision of the annexation, recorded as Instrument
No. 106180812;
Conditional Use Permit (CUP-05-051) for a mixed use development within 300 feet of a
residential district;
Preliminary Plat (PP-05-058) consisting of 29 single-family residential building lots, 7
commercial building lots and 8 common/other lots;
Alternative Compliance (ALT-06-004) to UDC 11-2B-3 which requires a 25-foot wide
landscape buffer to residential uses in the C-G zoning district to allow a reduced buffer width;
and
EXHIBIT A
Twelve Oaks – CUP H-2016-0100 3
Modification to the pending approved development agreement (MI-06-006) to allow temporary
construction fencing between Lot 5, Block 3 and Lot 19, Block 3, rather than permanent
fencing, to limit public access to the Ten Mile Creek during construction.
In 2007, this property received the following approvals:
Private street (PS-07-006) approval of two streets within the subdivision; and
Final Plat (FP-07-017) consisting of 29 townhome building lots, 7 commercial building lots and
8 common/other lots on 6.29 acres of land in the TN-R and C-C zoning districts.
In 2008, an 18 month time extension (TE-08-004) on the preliminary plat was approved to obtain
the City Engineer’s signature on a final plat.
In 2010, another time extension (TE-10-030) on the preliminary plat, for two years, was approved
to obtain the City Engineer’s signature on a final plat, which expired on October 25, 2012. A final
plat was not signed by the City Engineer and another time extension was not requested within the
time period allowed under the time extension; therefore, the preliminary plat expired.
In 2013, a modification to the development agreement (MDA-13-008) (Instrument No. 106180812)
was approved that updated the development plan for the site, recorded as Instrument No.
113080081 & 113103818.
Also in 2013, a combined preliminary and final plat (PFP-13-001) was approved consisting of 2
building lots on 9.43 acres of land in the TN-R and C-C zoning districts.
In 2015, a short plat (H-2015-0025) was approved consisting of 4 building lots on 1.44 acres of
land in the C-C zoning district at the northeast corner of the site.
A modification to the development agreement (H-2016-0100) was recently approved to update the
development plan for this site to accommodate the proposed development. The agreement has been
signed and is scheduled for Council approval on October 4th, 2016 and will subsequently be
recorded.
D. Utilities:
1. Public Works:
a. Location of sewer: Sanitary sewer is currently installed in Franklin Road.
b. Location of water: Water is currently installed in Franklin Road.
c. Issues or concerns: NA
E. Physical Features:
1. Canals/Ditches Irrigation: There are no waterways that cross this site. The Ten Mile Creek runs off-
site along the southern boundary of the site.
2. Hazards: There are no known hazards that exist on this property.
3. Floodplain: This property does not lie within a floodplain.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The frontage of this property along W. Franklin Road is designated Mixed Use – Commercial (MU-C) with
the southern portion designated Medium High Density Residential (MHDR) on the Future Land Use Map
(FLUM) contained in the Ten Mile Interchange Specific Area Plan (TMISAP).
The purpose of the MU-C designation is to encourage the development of a mixture of office, retail,
recreational, employment and other miscellaneous uses, with supporting multi-family or single-family
EXHIBIT A
Twelve Oaks – CUP H-2016-0100 4
attached residential uses. A target density of 8-12 units/acre is desired with higher densities allowed on
individual projects. Traditional neighborhood design concepts with a strong pedestrian-oriented focus are
essential.
The MHDR designation allows for relatively dense multi-family housing types at an average target density
of 12 units/acre with a range from 8-15 units/acre.
The overall development is proposed to contain (8) 2-story 8-plex and (2) 3-story 12-plex apartment
structures with a total of 88 units and (9) duplex structures containing a total of 18 units for an overall total
of 106 dwelling units at a gross density of 13.27 units/acre and a net density of 13.86 units/acre. Only 3
structures containing a total of 24 dwelling units are proposed within the C-C zoning district under the
conditional use permit; the other structures are within the TN-R zoning district which allows a multi-family
development as a principal permitted use and does not require conditional use approval.
The density of the proposed project and the multi-family residential use of the property is consistent with
that desired in MU-C and MHDR FLUM designated areas.
Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the
proposed use of this property (staff analysis in italics):
“Support a variety of residential categories (low-, medium-, medium-high and high-density single-
family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of
providing the City with a range of affordable housing opportunities.” (3.07.01E)
The proposed multi-family development will contribute to the variety of residential categories that
currently exist (i.e. low and medium density) in this area of the City. Staff is unaware of how
“affordable” the units will be.
“Provide housing options close to employment and shopping centers.” (3.07.02D)
Employment and shopping centers are proposed to develop in the future along Ten Mile Road north
of the I-84 interchange; the proposed development with a mix of apartments and duplexes will
provide housing options in close proximity to this area.
“Locate high-density development, where possible, near open space corridors or other permanent
major open space and park facilities, Old Town, and near major access thoroughfares.” (3.07.02N)
The proposed development is located in close proximity to major access thoroughfares (i.e. W.
Franklin Road and the Ten Mile Rd./I-84 and S. Meridian Rd./I-84 interchanges) within the City. A
segment of the City’s regional pathway system is also designated along the Tenmile Creek at the
south boundary of the site and through this site to Franklin Road.
“Protect existing residential properties from incompatible land use development on adjacent
parcels.” (3.06.01F)
There are no residential properties that abut the 3 multi-family structures proposed on this site.
“Require all new and reconstructed parking lots to provide landscaping in internal islands and along
streets.” (2.01.04B)
Landscaping is proposed within planter islands in the parking areas on this site as shown on the
landscape plan attached in Exhibit A.3.
EXHIBIT A
Twelve Oaks – CUP H-2016-0100 5
“Require common area in all subdivisions.” (3.07.02F)
Common area is required within this development in accord with the standards listed in UDC 11-4-
3-27C.
“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)
This property is contiguous to land that has already been annexed into the City. Urban services can
be provided to this property upon development.
“Require pedestrian access connectors in all new development to link subdivisions together to
promote neighborhood connectivity as part of the community pathway system.” (3.03.03B)
A segment of the City’s multi-use pathway system is planned along the Ten Mile Creek adjacent to
the southern boundary of this site and through this site to W. Franklin Road which will assist in
providing pedestrian connectivity between neighborhoods.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zoning District: 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.
Allowed uses in the C-C district consist of larger scale and broader mix of retail, office, and service
uses.
B. Schedule of Use: UDC Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C),
and prohibited (-) uses in the C-C zoning district. Any use not explicitly listed is prohibited. A multi-
family development is listed as a conditional use in the C-C zoning district.
C. Dimensional Standards: Development of the site should be consistent with the dimensional standards
listed in UDC Table 11-2A-8 for the C-C district.
D. Landscaping: Landscaping is required within parking areas in accordance with the standards listed in
UDC 11-3B-8C and within common areas in accord with UDC 11-4-3-27F.
E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for multi-family
dwellings.
F. Structure and Site Design Standards: The proposed multi-family development must comply with the
design standards in accord with UDC 11-3A-19 and the Architectural Standards Manual.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The applicant requests a conditional use permit (CUP) for (3) 8-plex multi-family structures (buildings
A, B, and J) that lie within the C-C zoning district as required by UDC Table 11-2B-2. These structures
are part of a larger multi-family residential development that is proposed consisting of a total of 106
dwelling units. The other structures consist of (5) 8-plexes, (2) 12-plexes, (9) duplexes and a clubhouse,
located in the TN-R district, which does not require conditional use approval of multi-family
developments.
The following analysis only applies to the 3 multi-family structures proposed with the subject CUP:
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: (Staff’s comments in italics)
A minimum of 80 square feet (s.f.) of private useable open space is required to be provided for
each unit. Floor plans submitted with this application depict 83.1 s.f. of private useable open
EXHIBIT A
Twelve Oaks – CUP H-2016-0100 6
space for the ground floor units and 79.4 s.f. for the second story units; the area should be
increase slightly for the second story units to meet the minimum 80 s.f. requirement.
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. The overall site plan
depicts a central mail area in front of the clubhouse and 2 maintenance storage areas in the
portion of the development south of the subject area. The site plan submitted with the
Certificate of Zoning Compliance application for the overall development should depict all 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. Units containing more than 1,200 s.f. of living area
shall provide a minimum of 350 s.f. All of the proposed units in Buildings A, B and J are
between 500 and 1,200 square feet; therefore, a minimum of 6,000 square feet or 0.14 of an
acre of common open space is required for this portion of the development; additional open
space in accord with this requirement should be provided for the rest of the development.
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 only 24 units are proposed
with the subject CUP application, no amenities are required with this application. However,
because these units are part of a larger development, they will be included in the overall unit
count for the development and amenities will be required accordingly with the Certificate of
Zoning Compliance for the overall development. The applicant’s narrative states amenities
consisting of 2 large open spaces, an open water feature, basketball court, 2 BBQ areas, a
clubhouse with a pool, and a 10-foot wide multi-use pathway will be provided. These
amenities fall within the 3 categories (quality of life, open space, and recreation) as required.
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 this application reflects compliance with this
requirement for the structures that face W. Franklin Road.
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 prior to issuance of the
first Certificate of Occupancy.
Parking: For multi-family developments, off-street parking is required in accord with the standards
listed in UDC Table 11-3C-6, which requires 1.5 spaces per dwelling unit with at least 1 of those in a
covered carport or garage for 1-bedroom units; 2 spaces per dwelling unit with at least 1 of those in a
covered carport or garage for 2- and 3-bedroom units; and 3 spaces per unit with at least 2 in a covered
carport or garage for 4+ bedroom units.
Based on (12) 1-bedroom and (12) 2- and 3-bedroom units, a minimum of 42 parking spaces are
required, 24 of which should be covered. The site plan depicts parking in accord with this requirement.
A minimum of one bicycle parking space for every 25 proposed vehicle spaces or portion thereof is
required to be provided on the site per UDC 11-3C-6G in accord with the standards listed in UDC 11-
EXHIBIT A
Twelve Oaks – CUP H-2016-0100 7
3C-5C. The plans submitted with the Certificate of Zoning Compliance application should depict
the location of bicycle parking in accord with this requirement.
Landscaping: Parking lot landscaping is required to be provided in accord with the standards listed in
UDC 11-3B-8C. A buffer to adjoining land uses is not required as the existing and proposed uses to the
east and west are all commercial. A 25-foot wide street buffer was constructed along W. Franklin Road
with the subdivision plat.
Mitigation: There are no existing trees on this site that are proposed to be removed.
Building Elevations: Two (2) building types (Types 1 and 3) are proposed for the 3 multi-family
structures proposed with the subject CUP as shown in Exhibit A.4; a garage and carport structures are
also proposed (see Exhibit A.4). Building materials consist of stucco and vertical siding.
The architectural character of the structures complies with the conceptual elevations included in the
development agreement; compliance with the standards listed in the City of Meridian Architectural
Standards Manual is required. The elevations submitted with the Certificate of Zoning Compliance
application should demonstrate compliance with those standards.
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 and the conditions in this report prior to construction, in accord
with UDC 11-5B-1. Staff recommends one CZC application is submitted for the overall
development so it can be reviewed as a whole to ensure compliance with UDC standards.
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 generally consistent with the elevations and site plan submitted with this
application and the standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards
Manual. Staff recommends one design review application is submitted with the CZC application
for the overall development so it can be reviewed as a whole for compliance with UDC and design
standards since this is a single parcel held under common ownership.
Staff recommends approval of the CUP requested by the applicant with the conditions of approval in
Exhibit B as discussed above.
X. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
2. Proposed Site Plan (dated: 9/14/16) and Building Location & Unit Plan (dated: 9/27/16)
3. Proposed Landscape Plan (dated: 9/28/16)
4. Proposed Building Elevations (dated: 5/6/16)
B. Agency & Department Comments
C. Required Findings from Unified Development Code
EXHIBIT A
Twelve Oaks – CUP H-2016-0100 8
Exhibit A.1: Vicinity/Zoning Map
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EXHIBIT A
Twelve Oaks – CUP H-2016-0100 9
Exhibit A.2: Proposed Site Plan (dated: 9/14/2016) and Building Location & Unit Plan (dated: 9/27/16)
EXHIBIT A
Twelve Oaks – CUP H-2016-0100 10
EXHIBIT A
Twelve Oaks – CUP H-2016-0100 11
EXHIBIT A
Twelve Oaks – CUP H-2016-0100 12
Exhibit A.3: Landscape Plan (dated: 9/28/16)
EXHIBIT A
Twelve Oaks – CUP H-2016-0100 13
EXHIBIT A
Twelve Oaks – CUP H-2016-0100 14
Exhibit A.4: Proposed Building Elevations (dated: 5/6/16)
EXHIBIT A
Twelve Oaks – CUP H-2016-0100 15
EXHIBIT A
Twelve Oaks – CUP H-2016-0100 16
Exhibit B: AGENCY & DEPARTMENT COMMENTS
1. PLANNING DEPARTMENT
1.1.1 Development shall comply with the provisions included in the amended development agreement for
Twelve Oaks H-2016-0100. This agreement shall be signed, approved by Council and recorded prior to
issuance of a Certificate of Zoning Compliance for this site.
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. A recorded copy
shall be submitted to the City prior to issuance of Certificate of Occupancy for the first structure
within the development.
b. Submit floor plans for the units that demonstrate compliance with UDC 11-4-3-27B.3 which
requires a minimum of 80 square feet (s.f.) of private useable open space to be provided for each
unit.
1.1.3 The site plan included in Exhibit A.2, dated September 14, 2016, shall be modified as follows:
a. Depict a property management office 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.7.
b. Depict bicycle parking in accord with UDC 11-3C-5C and 11-3C-6G.
1.1.4 The landscape plan included in Exhibit A.4, dated September 28, 2016, shall be revised as follows:
a. A minimum of 6,000 square feet or 0.14 of an acre of common open space is required for this
portion of the development in accord with the standards listed in UDC 11-4-3-27C. Detailed open
space calculations shall be submitted with the Certificate of Zoning Compliance to ensure
compliance.
1.1.5 A Certificate of Zoning Compliance and Design Review application shall be submitted for the overall
development as a whole to ensure compliance with UDC and design standards for the entire
development. The design of the structures shall be consistent with the standards contained in the
Architectural Standards Manual.
1.1.6 All fencing shall comply with the standards listed in UDC 11-3A-6 and 11-3A-7.
1.1.7 All storm drainage areas included in the qualified open space calculations shall comply with the
standards listed in UDC 11-3B-11, Stormwater Integration.
1.1.8 A pedestrian easement shall be recorded for the multi -use pathway that is required to be constructed
with development of this site. Coordinate the details with Jay Gibbons, Park’s Department, at 208-888-
3579.
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.
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.
EXHIBIT A
Twelve Oaks – CUP H-2016-0100 17
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 Architectural Standards 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.
2. PUBLIC WORKS DEPARTMENT
2.1 Site Specific Conditions of Approval
2.1.1 Applicant shall minimize dead end water mains, and shall install fire hydrants at dead ends in lieu of
blow-offs.
EXHIBIT A
Twelve Oaks – CUP H-2016-0100 18
2.1.2 The sidewalk pathway bridge lies within the Meridian Floodplain Overlay District. Prior to any
development occurring in the Overlay District, a floodplain permit application, including hydraulic and
hydrologic analysis is required to be completed and submitted to the City and approved by the
Floodplain Administrator per MCC 10-6.
2.2 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 9-1-28C1). 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, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing
or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In
performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable
law or regulation.
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 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.
2.2.10 All development improvements, including but not limited to sewer and water, fencing, micro-paths,
EXHIBIT A
Twelve Oaks – CUP H-2016-0100 19
pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of
occupancy.
2.2.11 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.
2.2.12 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.
2.2.13 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may
be required by the Army Corps of Engineers.
2.2.14 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.15 All grading of the site shall be performed in conformance with MCC 11-1-4B.
2.2.16 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.
2.2.17 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.
2.2.18 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.
2.2.19 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.
2.2.20 100 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.
2.2.21 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.
2.2.22 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. POLICE DEPARTMENT
EXHIBIT A
Twelve Oaks – CUP H-2016-0100 20
3.1 The Police Department has no comments on this application.
4. FIRE DEPARTMENT
4.1 Any newly installed Fire Department connections for sprinkler or standpipes will require locking Knox box
plugs.
4.2 Based on the size of new construction and the location of the sprinkler room in relation to the address side
of the structure, the AHJ may require separate Knox box locations. One being at the main, address side
entrance and the other at the entrance to the sprinkler riser room.
4.3 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.
4.4 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.
4.5 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in
International Fire Code Section 304.1.2.
4.6 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.
4.7 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.
4.8 Maintain a separation of 5’ from the building to the dumpster enclosure as set forth in International Fire
Code Section 304.3.3.
4.9 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire Code
Section 506.
4.10 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in International
Fire Code Section 505.1.
4.11 All aspects of the building systems (including exiting systems), processes & storage practices shall be
required to comply with the International Fire Code Section 101.2.
4.12 All portions of the buildings located on this project must be within 150’ of a paved surface as measured
around the perimeter of the building as set forth in International Fire Code Section 503.1.1.
4.13 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.
4.14 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.
4.15 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets. IFC 102.9
EXHIBIT A
Twelve Oaks – CUP H-2016-0100 21
4.16 Buildings over 30’ in height are required to have access roads in accordance with the International Fire
Code Appendix D Section D105.
5. REPUBLIC SERVICES
5.1 Comments have not been received from Republic Services on this application.
6. PARKS DEPARTMENT
6.1 The developer shall provide a multi-use pathway connection per the Pathways Master Plan within a public
pedestrian easement. Coordinate with Jay Gibbons, Park’s Department, at 208-888-3579.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval (DRAFT)
7.1.1 Repair or replace any deficient or deteriorated improvements along Franklin Road abutting the site
consistent with District Minor Improvement policy.
7.1.2 Pave the driveway on Franklin Road located 1,202-feet west of Linder Road, its full width and at least
30-feet into the site beyond the edge of the roadway.
7.1.3 Payment of impacts fees are due prior to issuance of a building permit.
7.1.4 Comply with all Standard Conditions of Approval.
7.2 Standard Conditions of Approval (DRAFT)
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
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
EXHIBIT A
Twelve Oaks – CUP H-2016-0100 22
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
Twelve Oaks – CUP H-2016-0100 23
C. Required Findings from Unified Development Code
1. 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 Commission finds that the site is large enough to accommodate the proposed use and meet the
dimensional and development regulations of the C-C 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 Commission finds that the proposed multi-family residential use will be harmonious with the
Comprehensive Plan and will develop in accord with UDC requirements.
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 existing residential and commercial uses in the vicinity
and with the existing and intended character of the area and will not adversely change the character
of the area.
d. That the proposed use, if it complies with all conditions of the approval imposed, will not
adversely affect other property in the vicinity.
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.
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 Commission 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.
EXHIBIT A
Twelve Oaks – CUP H-2016-0100 24
The Commission 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 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.
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.