TM Creek Apartments Finding H-2017-0124CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0124 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for a Modification to the Development Agreement to Change the
Development Plan for an 8.16 Acre Portion of the Site from Commercial Retail to Multi-Family
Residential; an Amendment to the Text of the Unified Development Code (11-4-3-27B.3) to Change
the Minimum Private Usable Open Space for Each Multi-Family Unit from 80 to 60 Square Feet;
and a Conditional Use Permit for a Multi-Family Development Consisting of 240 Residential
Dwelling Units on 8.16 Acres of Land in a C-G Zoning District, by SCS Brighton, LLC.
Case No(s). H-2017-0124
For the City Council Hearing Date of: October 24, 2017 (Findings on November 8, 2017)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of October 24, 2017, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of October 24, 2017, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of October 24,
2017, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of October 24, 2017, 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.
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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0124 - 2 -
Community Development Department, the Public Works Department and any affected party
requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of October 24, 2017, 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 conditional use permit and a development agreement modification is
hereby approved per the conditions of approval in the Staff Report for the hearing date of
October 24, 2017, attached as Exhibit A.
2. The applicant’s request for an amendment to the Unified Development Code (11-4-3-27B.3)
was withdrawn.
D. Notice of Applicable Time Limits
Notice of Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a maximum
period of two (2) years unless otherwise approved by the City. During this time, the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting, the final plat must be signed by the City
Engineer within this two (2) year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-5B-6.G.1, the Director may authorize a single extension of the time to commence the
use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as
determined and approved by the City Council may be granted. With all extensions, the Director
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title 11(UDC 11-5B-6F).
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six (6) months of the city council granting the
modification.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0124 - 3 -
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 six (6) month approval
period.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of October 24, 2017
By action of the City Council at its regular meeting held on the U day of
2017.
COUNCIL PRESIDENT KEITH BIRD VOTED &�
COUNCIL VICE PRESIDENT JOE BORTON VOTED 1/"-4
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED 1/4
COUNCIL MEMBER TY PALMER VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL, MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD VOTED
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Copy served upon Applicant, Community Development Department, Public Works Department and City
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0124 - 4 -
EXHIBIT A
TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124) PAGE 1
STAFF REPORT
HEARING DATE: October 24, 2017
TO: Mayor & City Council
FROM: Sonya Allen, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124)
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, SCS Brighton, LLC, has submitted an application for modification to the existing
development agreement (MDA) to change the development plan for an 8.16 acre portion of the site from
commercial retail to multi-family residential; an amendment to the text of the Unified Development Code
(ZOA) (11-4-3-27B.3) to change the minimum private usable open space for each multi-family units from 80
to 60 square feet; and a conditional use permit (CUP) for a multi-family development consisting of 240
residential dwelling units on 8.16 acres of land in a C-G zoning district.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed MDA, CUP and ZOA applications based on the Findings of Fact
and Conclusions of Law in Exhibit C of this report. The MDA does not require action from the Planning &
Zoning Commission, only City Council.
The Meridian Planning & Zoning Commission heard these items on September 21, 2017. At the public
hearing, the Commission moved to recommend approval of the subject CUP and ZOA requests.
a. Summary of Commission Public Hearing:
i. In favor: Jon Wardle
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Mike Wardle, Brighton Corporation (in agreement with staff report)
v. Staff presenting application: Sonya Allen
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. None
c. Key Issues of Discussion by Commission:
i. Adequacy of the on-site parking for the development with the prevalence of residents using
garages for storage rather than parking;
ii. In support of the high-density urban style housing in this area.
d. Commission Change(s) to Staff Recommendation:
i. None
e. Outstanding Issue(s) for City Council:
i. None
EXHIBIT A
TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124) PAGE 2
The Meridian City Council heard these items on October 24, 2017. At the public hearing, the Council
approved the subject CUP and MDA requests; the applicant withdrew the ZOA request.
a. Summary of City Council Public Hearing:
i. In favor: Jon Wardle, Brighton Corporation (Applicant’s Representative)
ii. In opposition: None
iii. Commenting: Jeanette Aukerman
iv. Written testimony: None
v. Staff presenting application: Bill Parsons, Chief Butterfield
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. Concern regarding the height of the proposed 4-story structures and the resulting number of
tenants and related traffic.
c. Key Issues of Discussion by Council:
i. The applicant’s requested amendment to the UDC vs. Staff’s alternative recommendation for
an amendment to a different section of code to accomplish the same end result.
d. Key Council Changes to Staff/Commission Recommendation
i. Council accepted the applicant’s request to withdraw the proposed ZOA amendment based on
staff’s recommendation to amend UDC Table 11-5B-5 instead to allow requests for Alternative
Compliance to UDC 11-4-3-27B.3 to reduce the amount of private usable open space in certain
circumstances such as in urban multi-family developments.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2017-0124, as
presented in the staff report for the hearing date of October 24, 2017, with the following modifications: (Add
any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0124, as
presented during the hearing on October 24, 2017, for the following reasons: (You should state specific
reasons for denial.)
Continuance
I move to continue File Number H-2017-0124 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 generally located south of W. Franklin Road and east of S. Ten Mile Road, in the NW ¼ of
Section 14, Township 3 North, Range 1 West.
B. Applicant:
SCS Brighton, LLC
12601 W. Explorer Dr., Ste. 200
Boise, ID 83713
C. Owner:
Same as Applicant
EXHIBIT A
TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124) PAGE 3
D. Representative:
Mike Wardle, Brighton Corporation
12601 W. Explorer Dr., Ste. 200
Boise, ID 83713
E. Applicant's Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject application is for a conditional use permit, zoning ordinance amendment, and a development
agreement modification. A public hearing is required before the Planning & Zoning Commission and
City Council on the zoning ordinance amendment and conditional use permit; and a public hearing is
required only before the City Council on the development agreement modification, consistent with
Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: September 1, 2017 (Commission); October 6, 2017 (City
Council)
C. Radius notices mailed to properties within 300 feet on: August 25, 2017 (Commission); September 29,
2017 (City Council)
D. Applicant posted notice on site(s) on: September 8, 2017 (Commission); October 13, 2017 (City
Council)
VI. LAND USE
A. Existing Land Use(s): The site consists of a portion of an 18 acre vacant/undeveloped parcel of land,
zoned C-G.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North & South: Vacant/undeveloped land, zoned C-G
East: Vacant/undeveloped land, zoned R-40
West: Commercial property in the development process, zoned C-G
C. History of Previous Actions:
This property was included in the annexation and zoning (AZ-13-015, Development Agreement Inst.
#11405759) and preliminary plat (PP-13-030) of TM Creek Subdivision approved by City Council
in 2014; it has not yet been included in a final plat.
The development agreement was modified (H-2016-0067) in 2016 to remove the requirement for the
final plat to be recorded prior to applying for building permits (Inst. #2016-073497).
C. Utilities:
1. Location of sewer: The city currently owns and maintains sewer mains within Phase 1 of the TM
Creek development with is directly adjacent to the west of the proposed development.
2. Location of water: The city currently owns and maintains water mains within Phase 1 of the TM
Creek development with is directly adjacent to the west of the proposed development.
3. Issues or concerns: The applicant shall be responsible for the installation of additional water and
sewer mains and services to the project.
D. Physical Features:
1. Canals/Ditches Irrigation: The Kennedy Lateral lies within a portion of the site at the south
EXHIBIT A
TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124) PAGE 4
boundary.
2. Hazards: Staff is not aware of any hazards that exist on this site.
3. Flood Plain: A portion of this project lies within the floodplain overlay district.
VII. COMPREHENSIVE PLAN
The subject property is located in the area governed by the Ten Mile Interchange Specific Area Plan
(TMISAP). The TMISAP focuses on developing an area that has an identity of its own but which links to
nearby developments. The plan emphasizes the community’s support for higher densities and mixed uses to
create a vibrant and economically strong city. The plan also stresses the community’s commitment to good
site planning and design as a means of establishing a place everyone can be proud of and one that protects
the interests of future businesses and residents (pg. ix).
LAND USE:
The Future Land Use Map (FLUM) contained in the TMISAP designates the subject property with the
following land use types: Mixed Use - Commercial (MU-C) and Lifestyle Center (LC).
MU-C: MU-C designated areas are intended for the development of a mix of office, retail, recreational,
employment and other miscellaneous uses, with supporting multi-family or single-family attached residential
uses. The horizontal and vertical integration of residential uses is also essential in this area. This designation
requires developments to integrate the three major use categories: residential, commercial, and employment.
Traditional neighborhood design concepts with a strong pedestrian-oriented focus are essential. Development
should exhibit quality building and site design and an attractive pedestrian environment with a strong street
character. An overall target density of 8 -12 dwelling units (d.u.) per (/) acre is desired, with higher densities
allowed in individual projects. No more than 30% of the ground level development within the MUC
designation should be used for residences. (See pg. 3-9 for more information.)
LC: The LC designation is a specific form of Mixed Use Commercial. LC designated areas encourage a
diversity of compatible land uses in a unified development that includes a mix of retail, professional services,
offices, entertainment uses, civic services, housing and public outdoor spaces. The design and arrangement
of buildings should be oriented to pedestrians. Streetscape improvements should be provided that create rich
and enjoyable public spaces. The target overall average density for residential uses is 16 d.u./acre, with
higher densities of up to 40 d.u./acre allowed. All residential uses should be above the first floor. Structured
parking or heavily landscaped and screened surface parking is a necessity. On-street parallel, angled head-in
parking and the integration of public transit into the lifestyle center should be considered as options.
Community gathering places should be provided to create a sense of place. (See pg. 3-9 for more
information.)
The applicant proposes to develop the site with two structures containing a total of 240 dwelling units as
allowed in MU-C and LC designated areas.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the
proposed use (staff analysis in italics):
“Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-
family arrangements) and choices between ownership and rental dwelling units for all income
groups in a variety of locations suitable for residential development.” (3.07.03B)
The proposed multi-family residential development will contribute to the variety of housing types
available within this part of the City and will offer rental options for 1- and 2-bedroom units.
EXHIBIT A
TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124) PAGE 5
“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 high density multi-family development will contribute to the variety of residential
housing options within the western central portion of the City; staff is unaware how “affordable”
the units will be.
“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.4.
“Provide housing options close to employment and shopping centers.” (3.07.02D)
This site is located adjacent to future employment and shopping within the TM Creek development
as well as the Ten Mile Center and TM Crossing projects to the south. The proposed development
will provided much needed density in this area and housing options for employees in close proximity
to their work place.
“Require open space areas within all development.” (6.01.01A)
The proposed development is required to comply with the minimum common open space design
standards listed in 11-4-3-27C for multi-family developments.
“Permit new development only where urban services can be reasonably provided at the time of final
approval and development is contiguous to the City.” (3.01.01F)
City sewer and water services are available to be extended to the subject property with development
of the site.
“Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D)
The proposed site plan depicts an access from S. Ten Mile Road via Cobalt Drive, a future collector
street along the south boundary of the site; and from W. Franklin Road via a future collector street
along the east boundary of the site. No local street access is available to this site.
“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.” (3.07.02, pg.
55)
The proposed development is located near major access thoroughfares – W. Franklin Road, S. Ten
Mile Road and I-84, approximately ¾ mile to the south. An open space corridor along the Tenmile
Creek is proposed to the north of this site which will contain a segment of the City’s multi -use
pathway system.
“Protect existing residential properties from incompatible land use development on adjacent
parcels.” (3.06.01F)
There are no existing residential properties that abut this site.
“Require pedestrian access connectors in all new development to link subdivisions together to
promote neighborhood connectivity as part of a community pathway system.” (3.03.03B)
The proposed development lies next to the Tenmile Creek open space corridor which will contain a
pathway that will promote neighborhood connectivity.
EXHIBIT A
TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124) PAGE 6
In accord with the above policies and for the above-stated reasons, staff believes the proposed use is
appropriate in this location.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: Per UDC 11-2B-1, the purpose of the commercial districts is to provide for
the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Six
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.
Allowed uses in the C-G district consist of the largest scale and broadest mix of retail, office, service and
light industrial uses and are typically located in close proximity and/or with access to interstate or
arterial intersections.
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. A multi-family development is listed as a
conditional use in the C-G district.
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: Street buffers, parking lot landscaping and buffers to adjoining residential uses are
required to be installed in accordance with the standards listed in UDC Table 11-2B-3, UDC 11-3B-7C,
11-3B-8C and 11-3B-9C for the C-G zoning district.
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: Development of this site must comply with the design standards in
accord with UDC 11-3A-19 and the standards listed in the Architectural Standards Manual.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
1. DEVELOPMENT AGREEMENT MODIFICATION (MDA): The applicant proposes to modify the
existing development agreements (Instrument #11405759 and 2016-073497) for TM Creek to change
the development plan on the south side of the Tenmile Creek and the east side of Phase 1 from
commercial retail to multi-family residential.
The previously approved and proposed conceptual development plan is included in Exhibit A.2. Instead
of the original 2 large commercial buildings, the applicant now proposes to construct 2 multi-family
structures containing a total of 240 dwelling units with associated garages and a clubhouse.
Because multi-family residential uses are a desired use in MU-C and LC designated areas, staff is
amenable to the proposed modification. The proposed density of 29.4 units per acre is also consistent
with that desired in this area. Therefore, staff recommends approval of the proposed change.
2. ZONING ORDINANCE AMENDMENT (ZOA): An amendment is proposed to UDC 11-4-3-27B.3
which states, “A minimum of eighty (80) square feet of private, usable open space shall be provided for each
unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping,
entryway and other accessways shall not count toward this requirement.” The applicant proposes to change
the amount of private usable open space from 80 to 60 square feet. See Applicant’s narrative for justification
of the proposed amendment.
EXHIBIT A
TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124) PAGE 7
Because multi-family developments that are in mixed use designated areas are typically more of an
urban style of design as opposed to the typical garden style apartments found in high density residential
designated areas, Staff believes it may be appropriate in certain circumstances to have a lesser private
usable open space requirement. For example, in this particular development, the Tenmile Creek corridor
is adjacent to this site and provides a nice open space area; bicycle storage and BBQ areas are provided
within the complex eliminating the need for those items to be located within private areas (e.g. patios,
balconies or porches). A lesser private usable open space area might then be appropriate in this case just
for an outdoor seating area but these factors should be considered when determining how much private
space is appropriate.
Therefore, instead of amending the standard for every situation, staff instead recommends an amendment
to the UDC that will allow requests for alternative compliance to the standard. The alternative
compliance process allows alternative means to meet the intended purpose of certain regulations, as
deemed appropriate by the Director.
As an alternative to the applicant’s request, Staff recommends UDC Table 11-5B-5, Alternative
Compliance, is amended to include “private useable open space” in Section 11-4-3-27B.3.
3. CONDITIONAL USE PERMIT (CUP): A CUP is proposed for a multi-family development containing
a total of 240 dwelling units on 8.16 acres of land in a C-G zoning district. Two 4-story structures
are proposed to house the units.
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. The applicant’s narrative states 61 square foot patios/balconies are proposed for each
of the 1-bedroom units; and 63 square foot patios/balconies are proposed for each of the 2-
bedroom units. Because the proposal does not comply with the current standard, the applicant
requests approval of an amendment to the UDC (11-4-3-27B.3) to change the minimum
standard for private useable open space to 60 feet, which if approved will allow the proposed
square footage. However, if the applicant’s request is denied or if staff’s recommended
change to the UDC noted above is approved; the applicant will either need to provide
additional private usable open space to comply with this standard or apply for alternative
compliance to this standard as applicable.
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 site plan submitted with the
Certificate of Zoning Compliance should depict the aforementioned items.
A minimum of 250 square feet (s.f.) of outdoor common open space is required to be provided
for each unit containing more than 500 and up to 1,200 s.f. of living area. All of the proposed
units are between 701 and 976 square feet; therefore, a minimum of 60,000 square feet (or 1.38
acres) of common open space is required for this development. The applicant’s narrative states
a total of 0.87 of an acre of common open space is proposed with this development consisting
of landscape buffers and common area. Street buffer landscape buffers do not qualify and
common areas which are below 20’ x 20’ in area also do not qualify. The applicant should
revise the common open space calculations based on the qualifications for common open
space listed in UDC 11-4-3-27C; revisions may be necessary to the site/landscape plan to
comply with this requirement.
EXHIBIT A
TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124) PAGE 8
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. The applicant proposes a clubhouse with a lounge and
entertainment areas, public Wi-Fi, work stations, a fitness center and TRX/Crossfit studio;
swimming pool, indoor bicycle storage and maintenance room, outdoor fire pit, table tennis, and
BBQ grills.
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 plan ts. The
landscape plan submitted with the Certificate of Zoning Compliance should comply with this
requirement for the sides of the structures that face the east/west collector street (W. Cobalt
Dr.) and the north/south collector street.
The development is required to record legally binding documents that state the maintenance and
ownership responsibilities for the management of the development, includi ng, but not limited to,
structures, parking, common areas, and other development features. The applicant is required to
comply with this standard.
A minimum building setback of 10 feet is required unless a greater setback is otherwise required
per UDC 11-4-3-27B.1. All buildings depicted on the site plan comply with this requirement.
All on-site service areas, outdoor storage areas, waste storage, disposal facilities, and
transformer and utility vaults shall be located in areas not visible from a public street, or shall be
fully screened from view from a public street. The applicant should comply with this
requirement; if any of these are proposed, they should be depicted on the landscape plan
submitted with the Certificate of Zoning Compliance application.
Access: Access to streets should comply with the standards listed in UDC 11-3A-3.
Access is proposed to the site via the east/west collector street (W. Cobalt Drive), the north/south
collector street, and the private driveway along the west boundary in accord with UDC standards.
Parking: For multi-family developments, off-street parking is required in accord with the standards
listed in UDC Table 11-3C-6. One-bedroom units are required to have a minimum of 1.5 parking spaces
per unit with at least one of those in a covered carport or garage; two-bedroom units are required to have
a minimum of 2 parking spaces per unit with at least one of those in a covered carport or garage.
Based on this requirement, a minimum of 240 covered spaces and 168 uncovered spaces are required for
a total of 408 spaces. The site plan depicts a total of 240 covered spaces in garages and carports; and 175
uncovered parking spaces for a total of 415 spaces, which exceeds the minimum standards by 7 spaces.
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-
3C-5C. Based on 415 vehicle spaces proposed, a minimum of 16 bicycle spaces are required to be
provided. Four bicycle racks are depicted on the site plan – one at each end of the buildings; they
should provide parking for a minimum of 16 bicycles.
Landscaping: Landscaping is required to be provided within the development in accord with the
standards listed in UDC 11-3B.
Parking lot landscaping is proposed in accord with the standards listed in UDC 11-3B-8C.
Street buffer landscaping is proposed as set forth in UDC Table 11-2B-3 per the standards listed in UDC
11-3B-7C.
EXHIBIT A
TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124) PAGE 9
Parkways: Parkways are proposed adjacent to the collector streets and the private driveway that abuts
this site in accord with the standards listed in UDC 11-3A-17E.
Sidewalks/Pathways: Sidewalks are required to be constructed on the site in accord with the standards
listed in UDC 11-3A-17. A 5-foot wide detached sidewalk is proposed along the collector streets and the
private driveway adjacent to this site in accord with UDC standards.
Internal pathways are proposed for interconnectivity within the development and to common areas and
site amenities.
A multi-use pathway is proposed along the north side of the Tenmile Creek; pedestrian access is
proposed from this site to the future pathway.
Fencing: All new fencing is required to comply with the standards listed in UDC 11-3A-7. No fencing
is depicted on the landscape plan.
Waterways: The Kennedy Lateral lies on a portion of the site at the south boundary and is proposed to
be piped in accord with UDC 11-3A-6B.
Trash Enclosure: The design and locations of the trash enclosures are required to be approved by Bob
Olson at Republic Services (phone: 208-345-1265; or, email: Olson, Robert
rolson@republicservices.com. A stamped approved plan is required to be submitted with the Certificate
of Zoning Compliance application for the proposed trash enclosures.
Building Elevations: Two (2) 4-story structures are proposed for the multi-family units as shown in
Exhibit A.5. Eight (8) garages, carports and a clubhouse are also proposed. Building materials for the
multi-family structures consist of 3 different colors of stucco with brick veneer accents and glazing.
The architectural character of the structures are required to comply with the standards listed in the City
of Meridian Architectural Standards Manual. The elevations submitted with the Certificate of Zoning
Compliance application should demonstrate compliance with those standards and should be substantially
consistent with the concept elevations submitted with this application.
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 and
structures comply with the provisions of the UDC and the conditions in this report, in accord with UDC
11-5B-1.
Design Review: The applicant is required to submit an application for Design Review concurrent with
the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and building
design is required to be generally consistent with the elevations, site plan and landscape plan submitted
with this application, the standards listed in UDC 11-3A-19 and the City of Meridian Architectural
Standards Manual and conditions of approval in Exhibit B.
Staff recommends approval of the subject applications with the conditions listed in Exhibit B per the
Findings in Exhibit C.
X. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
2. Original & Proposed Conceptual Development Plan
3. Site Plan (dated: 7/28/2017)
4. Landscape Plan (date: 7/28/2017) & Site Amenities
5. Building Elevations
EXHIBIT A
TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124) PAGE 10
B. Agency Comments/Conditions of Approval
1. Planning Division
2. Public Works Department
3. Fire Department
4. Police Department
5. Republic Services
6. Ada County Highway District
7. Parks Department
C. Required Findings from Unified Development Code
EXHIBIT A
TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124) PAGE 11
Exhibit A.1: Vicinity/Zoning Map
EXHIBIT A
TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124) PAGE 12
Exhibit A.2: Original & Proposed Conceptual Development Plan
Original Concept Plan (dated: 1/14/2014)
EXHIBIT A
TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124) PAGE 13
Proposed Concept Plan
EXHIBIT A
TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124) PAGE 14
Exhibit A.3: Site Plan (dated: 7/28/2017)
Cross-Section Approved by the Fire Department:
EXHIBIT A
TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124) PAGE 15
Exhibit A.4: Landscape Plan (dated: 7/28/2017)
EXHIBIT A
TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124) PAGE 16
Exhibit A.5: Building Elevations (dated: 8/11/2017)
EXHIBIT A
TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124) PAGE 17
EXHIBIT A
TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124) PAGE 18
EXHIBIT A
TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124) PAGE 19
B. Agency Comments/Conditions
1. PLANNING DEPARTMENT
1.1 Site Specific Conditions of Approval – Conditional Use Permit
1.1.1 The site plan included in Exhibit A.3, dated July 28, 2017, shall be revised as follows:
a. Depict the property management office, maintenance storage area, central mailbox locations
(including provisions for parcel mail) that provide safe pedestrian and/or vehicle access, and a directory
and 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. Provide a minimum of 1.38 acres of common open space for the development that complies
with the standards listed in UDC 11-4-3-27C.
c. Provide a minimum of 16 bicycle parking spaces within racks on the site per UDC 11-3C-6G in
accord with the standards listed in UDC 11-3C-5C.
d. Depict trash enclosure locations on the plan as approved by Republic Services.
1.1.2 The landscape plan included in Exhibit A.4, dated July 28, 2017, shall be revised as follows:
a. All street facing elevations along the east/west (W. Cobalt Dr.) and north/south collector streets shall
have a landscaped area at least 3-feet wide that is landscaped with an evergreen shrub every 3 linear feet
of foundation with a minimum mature height of 24 inches per UDC 11-4-3-27E.
b. All on-site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer
and utility vaults shall be depicted on the plan and be located in areas not visible from a public street, or
shall be fully screened from view from a public street.
c. Depict trash enclosure locations on the plan as approved by Republic Services.
d. Provide a minimum of 1.38 acres of common open space for the development in accord with
the standards listed in UDC 11-4-3-27C.
1.1.3 Each dwelling unit shall provide a minimum private usable open space of 80 square feet as set forth in
UDC 11-4-3-27B.3 unless otherwise approved.
1.1.4 Provide site amenities in accord with UDC 11-4-3-27D as proposed (i.e. a clubhouse with a lounge and
entertainment areas, public Wi-Fi, work stations, a fitness center and TRX/Crossfit studio; swimming
pool, indoor bicycle storage and maintenance room, outdoor fire pit, table tennis, and BBQ grills).
1.1.5 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.
1.1.6 The design and locations of the trash enclosures are required to be approved by Bob Olson at Republic
Services (phone: 208-345-1265; or, email: Olson, Robert rolson@republicservices.com). A stamped
approved plan is required to be submitted with the Certificate of Zoning Compliance application for the
proposed trash enclosures.
1.1.7 The Kennedy Lateral is required to be piped where it crosses this site in accord with UDC 11-3A-6B.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the C-G zoning district listed in UDC Chapter
2 District regulations.
EXHIBIT A
TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124) PAGE 20
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.
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.
1.2.18 100 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.
Applicant shall also include the location of any existing street lights in the development plan set. Street
lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that
outlined in the Standards. The contractor’s work and materials shall conform to the ISPWC and the City
of Meridian Supplemental Specifications to the ISPWC.
1.3 Ongoing Conditions of Approval
1.3.1 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.
1.3.2 The project is subject to all current City of Meridian ordinances and previous conditions of approval
associated with this site.
EXHIBIT A
TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124) PAGE 21
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 applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design
Review application for all future structures proposed on the site from the Planning Division, prior to
submittal of any building permit applications.
1.4.3 The applicant shall complete all improvements related to public life, safety, and health as set forth in
UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-
5C-3C.
1.4.4 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 of the approval of this combined preliminary/final
plat; or 2) gain approval of a time extension as set forth in UDC 11-6B-7.
1.4.5 The applicant shall obtain the City Engineer's signature on a final plat within two years of the approval
of this combined preliminary/final plat as set forth in UDC 11-6B-7A.
1.4.6 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as
set forth in UDC 11-6B-3C2.
1.4.7 The property owner shall sign the amended development agreement and return such to the City within 6
months of the Council granting this development agreement modification request as set forth in UDC 11-
5B-3D2.
1.4.8 The applicant shall pay any applicable impact fees prior to the issuance of a building permit.
2. PUBLIC WORKS DEPARTMENT
2.1 Site Specific Conditions of Approval
2.1.1 The applicant shall be responsible for the installation of water and sewer mains and services to the
project.
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
EXHIBIT A
TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124) PAGE 22
Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All
easements must be submitted, reviewed, and approved prior to development plan approval.
2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of
water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for
the primary source. If a surface or well source is not available, a singl e-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. Any structures that are allowed to remain shall be subject to evaluation and possible
reassignment of street addressing to be in compliance with MCC.
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 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, 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.
2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing,
landscaping, amenities, etc., prior to signature on the final plat.
2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the
structures. Where approved by the City Engineer, an owner may post a performance surety for such
improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B.
2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection
fees, as determined during the plan review process, prior to the issuance of a plan approval letter.
2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the
Americans with Disabilities Act and the Fair Housing Act.
2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may
be required by the Army Corps of Engineers.
2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads
receiving engineered backfill, where footing would sit atop fill material.
2.2.18 The design 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.
EXHIBIT A
TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124) PAGE 23
2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage
facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The
design engineer shall provide certification that the facilities have been installed in accordance with the
approved design plans. This certification will be required before a certificate of occupancy is issued for
any structures within the project.
2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the
City of Meridian AutoCAD standards. These record drawings must be received and approved prior to
the issuance of a certification of occupancy for any structures within the project.
2.2.21 A street light plan will need to be included in the civil construction plans. 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 at http://www.meridiancity.org/public_works.aspx?id=272.
2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of
125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final
plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City.
The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant
must file an application for surety, which can be found on the Community Development Department
website. Please contact Land Development Service for more information at 887-2211.
2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of
the total construction cost for all completed sewer, water and reuse infrastructure for duration of two
years. This surety will be verified by a line item cost estimate provided by the owner to the City. The
surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must
file an application for surety, which can be found on the Community Development Department website.
Please contact Land Development Service for more information at 887-221.
3. FIRE DEPARTMENT
3.1 Please contact the Deputy Fire Chief immediately to address concerns related to the necessary Fire
Department turn arounds. In accordance with International Fire Code Section 503.2.5, any roadway
greater than 150 feet in length that is not provided with an outlet shall be required to have an approved
turn around.
3.2 Please contact the Deputy Fire Chief/Fire Prevention at 888-1234 to work out specific issues associated with
this project as soon as possible.
3.3 Any newly installed Fire Department connections for sprinkler or standpipes will require locking Knox box
plugs.
3.4 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.
3.5 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’
outside, per International Fire Code Section 503.2.4.
3.6 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code
Sections 503.4 & D103.6.
3.7 Operational fire hydrants, temporary or permanent street signs, and access roads with an all-weather surface
are required to be installed before combustible construction material is brought onto the site, as set forth in
International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J.
3.8 To increase emergency access to the site a minimum of two points of access will be required for any portion
of the project which serves more than 30 homes, as set forth in International Fire Code Section D107.1. The
EXHIBIT A
TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124) PAGE 24
two entrances should be separated by no less than ½ the diagonal measurement of the full development as
set forth in International Fire Code Section D104.3. The applicant shall provide a stub street to the property
to the (west/east/north/south).
3.9 Maintain a separation of 5’ from the building to the dumpster enclosure as set forth in International Fire
Code Section 304.3.3.
3.10 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire Code
Section 506.
3.11 The applicant shall work with Public Works and Planning Department staff to provide an address
identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is
placed in a position that is plainly legible and visible from the street or road fronting the property, as set
forth in International Fire Code Section 505.1.
3.12 All 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.
3.13 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.
3.14 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.
3.15 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets. IFC 102.9.
3.16 Buildings over 30’ in height are required to have access roads in accordance with the International Fire Code
Appendix D Section D105.
3.17 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.
3.18 COMMERCIAL AND INDUSTRIAL - Buildings or facilities exceeding 30 feet (9144mm) or three
stories in height shall have at least two means of fire apparatus access for each structure. The access roads
shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension
of the property or area to be served, measured in a straight line as set forth in International Fire Code
Appendix D104.1.
4. POLICE DEPARTMENT
4.1 The Police Department has no comment on this application.
5. PARKS DEPARTMENT
5.1 The Park’s Department did not submit comments on this application.
6. ADA COUNTY HIGHWAY DISTRICT
ACHD does not require action on this application.
EXHIBIT A
TM Creek Apartments – CUP, ZOA, MDA (H-2017-0124) PAGE 25
C. Required Findings from Unified Development Code
1. CONDITIONAL USE PERMIT (UDC 11-5B-6E)
The Commission and Council shall base its determination on the Conditional Use Permit
request upon the following:
a. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
The City Council finds that the subject property is large enough to accommodate the
proposed use and the dimensional & development regulations of the C-G district (see
Analysis Section IX for more information).
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and
in accord with the requirements of this Title.
The City Council finds that the proposed use is consistent and harmonious with the UDC and
Comprehensive Plan Future Land Use Map designation of Commercial for this site.
c. That the design, construction, operation and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the
general vicinity and that such use will not adversely change the essential character of
the same area.
The City Council finds that if the applicant complies with the conditions outlined in this
report, the proposed use should be compatible with other uses in the general neighborhood
and with the existing and intended character of the area.
d. That the proposed use, if it complies with all conditions of the approval imposed, will
not adversely affect other property in the vicinity.
The City Council finds that if the applicant complies with the conditions outlined in this
report, the proposed use will not adversely affect other property in the area.
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection, drainage
structures, refuse disposal, water, and sewer.
The City Council finds that sanitary sewer, domestic water, refuse disposal, and irrigation are
currently available to the subject property. The City Council finds that the proposed use will
be served adequately by all of the public facilities and services listed above.
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.
If approved, the applicant will be financing any improvements required for development. The
City Council finds there will not be excessive additional requirements at public cost and that
the proposed use will not be detrimental to the community’s economic welfare.
EXHIBIT A
g. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The City Council finds the proposed use will not be detrimental to any persons, property or
the general welfare of the area.
h. That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
The City Council finds that there should not be any health, safety or environmental problems
associated with the proposed use. Further, the City Council finds that the proposed use will
not result in the destruction, loss or damage of any natural, scenic or historic feature of major
importance.