Baraya Apartments H-2018-0003 CUP, PPCITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). [H-2018-0003] - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for a Conditional Use Permit (CUP) for a multi-family development
consisting of 240 dwelling units in an R-40 zoning district; and Preliminary Plat (PP) consisting of
13 building lots and 3 common lots on 12.59 acres of land. , by Schultz Development.
Case No(s). H-2018-0003
For the City Council Hearing Date of: April 17, 2018 (Findings on May 1, 2018)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of April 17, 2018, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of April 17, 2018, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of April 17, 2018,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of April 17, 2018, 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
Community Development Department, the Public Works Department and any affected party
requesting notice.
Meridian City Council Meeting Agenda May 1, 2018 – Page 94 of 250
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). [H-2018-0003] - 2 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of April 17, 2018, 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 preliminary plat is hereby approved per
the conditions of approval in the Staff Report for the hearing date of April 17, 2018, attached
as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer’s signature
on the final plat within two (2) years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat (UDC 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two (2) years, may be considered for
final approval without resubmission for preliminary plat approval (UDC 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City
Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up
to two (2) years as determined and approved by the City Council may be granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again (UDC 11-
6B-7C).
Notice of 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
Meridian City Council Meeting Agenda May 1, 2018 – Page 95 of 250
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). [H-2018-0003] - 3 -
determined and approved by the City Council may be granted. With all extensions, the Director
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title 11(UDC 11-5B-6F).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of April 17, 2018
Meridian City Council Meeting Agenda May 1, 2018 – Page 96 of 250
By action of the City Council at its regular meeting held on the
2018.
COUNCIL PRESIDENT JOE BORTON
COUNCIL VICE PRESIDENT LUKE CAVENER
COUNCIL MEMBER ANNE LITTLE ROBERTS
COUNCIL MEMBER TY PALMER
COUNCIL MEMBER TREG BERNT
COUNCIL MEMBER GENESIS MILAM
MAYOR TAMMY de WEERD
(TIE BREAKER)
Attest:
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City Clerk
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Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: 0Dated:
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). [H-2018-0003] - 4 -
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Exhibit A
Baraya Apartments –CUP, PP H-2018-0003 PAGE 1
STAFF REPORT Hearing Date: April 17, 2018
TO: Mayor &City Council
FROM: Josh Beach, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Baraya Apartments – CUP, PP (H-2018-0003)
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Schultz Development, has submitted an application for a Conditional Use Permit
(CUP) for a multi-family development consisting of 240 dwelling units in an R-40 zoning district;
and Preliminary Plat (PP) consisting of 13 building lots and 3 common lots on 12.59 acres of land.
See Section IX of the staff report for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed CUP, and PP applications in accord with the conditions
of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit C.
The Meridian Planning & Zoning Commission heard these items on March 1, 2018. At the
public hearing, the Commission moved to recommend approval of the subject CUP and PP
requests.
a. Summary of Commission Public Hearing:
i. In favor: Matt Schultz (Applicant’s Representative)
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Josh Beach
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. None
c. Key Issues of Discussion by Commission:
i. The Number od parking spaces
ii. The number and location of trash enclosures
d. Commission Change(s) to Staff Recommendation:
i. None
e. Outstanding Issue(s) for City Council:
i. None
The Meridian City Council heard these items on April 17th. At the public hearing, the Council
approved the subject Conditional Use Permit and Preliminary Plat requests.
a. Summary of City Council Public Hearing:
vii. In favor: Matt Schultz (Applicant’s Representative)
viii. In opposition: None
ix. Commenting: None
x. Written testimony: None
xi. Staff presenting application: Josh Beach
xii. Other staff commenting on application: None
Meridian City Council Meeting Agenda May 1, 2018 – Page 98 of 250
Exhibit A
Baraya Apartments –CUP, PP H-2018-0003 PAGE 2
b. Key issue(s) of Public Testimony:
i. None
c. Key Issues of Discussion by Council:
i. Is the proposed number of parking stalls appropriate and sufficient for the
development?
ii. Are the number of proposed amenities sufficient?
di. Key Council Changes to Staff/Commission Recommendation
ii. Add condition 1.2.7 as follows: “The applicant shall provide a gazebo sitting are as an
additional amenity.”
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to recommend approval to the City
Council of File Number H-2018-0003, as presented in the staff report for the hearing date of April 17,
2018, with the following modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to recommend denial to the City
Council of File Number H-2018-0003, as presented during the hearing on April 17, 2018, for the
following reasons: (You should state specific reasons for denial)
Continuance
I move to continue File Number H-2018-0003 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 near the southwest corner of W. Franklin Road and N. Ten Mile
Road, in the northeast ¼ of Section 15, Township 3 North, Range 1 West. (Parcel #:
S1215120850)
B. Applicant/Representative(s):
Schultz Development
P.O. Box 1115
Meridian, ID 83680
C. Owner:
Lets Golf, LLC
16130 N. Elder St.
Nampa, ID 83687
D. 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 and preliminary plat. A public hearing is
required before the Planning & Zoning Commission and City Council on these applications,
consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: February 9, 2018
Meridian City Council Meeting Agenda May 1, 2018 – Page 99 of 250
Exhibit A
Baraya Apartments –CUP, PP H-2018-0003 PAGE 3
C. Radius notices mailed to properties within 300 feet on: February 2, 2018
D. Applicant posted notice on site(s) on: February 16, 2018
VI. LAND USE
A. Existing Land Use(s) and Zoning: This site consists of vacant residential property, zoned R-40.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: W. Franklin Road and Ten Mile Christian Chuirch and vacant commercial property,
zoned C-N and L-O.
2. East: Undeveloped property, zoned RUT in Ada County.
3. South: undeveloped commercial property, zoned C-C and TN-C.
4. West: Baraya Subdivision, zoned R-8 and R-15.
C. History of Previous Actions: This property was annexed and granted preliminary plat in 2006 as
Baraya Subdivision (AZ-06-061, PP-06-062, DA Inst. # 107123289).
D. Utilities:
1. Public Works:
a. Location of sewer: Sanitary sewer mains intended to provide service to the subject site
currently exist in W. Franklin Road.
b. Location of water: Water mains intended to provide service to the subject site currently
exist in W. Franklin Road.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: There are no open waterways on this site however; the Kennedy
Lateral runs along a portion of th eastern boundary of this site
2. Hazards: Staff is not aware of any hazards that exist on this site.
3. Flood Plain: This site does not lie within the floodplain overlay district.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is designated High Density Residential (HDR) on the Future Land Use Map
(FLUM) contained in the Comprehensive Plan. The purpose of this designation is to allow for the
development of multi-family homes in areas where urban services are provided. Residential gross
densities may exceed fifteen dwelling units per acre. Development might include duplexes, apartment
buildings, townhouses, and other multi-unit structures. A desirable project would consider the
placement of parking areas, fences, berms, and other landscaping features to serve as buffers between
neighboring uses. Developments need to incorporate high quality architectural design and materials
and thoughtful site design to ensure quality of place and should also incorporate high quality
architectural design and materials and thoughtful site design that incorporate connectivity with
adjacent uses and area pathways, attractive landscaping and individual project identity.
This property falls within the City’s Ten Mile Interchange Specific Area Plan (TMISAP). In that plan,
this property is designated as High-Density Residential. High Density Residential areas are multiple-
family housing areas where relatively larger and taller apartment buildings are the recommended
building type. High Density Residential areas should include a mix of housing types that achieve an
overall average density target of at least 16-25 dwelling units per gross acre. Most developments
within the High Density Residential areas should fall within or below this range, although smaller
Meridian City Council Meeting Agenda May 1, 2018 – Page 100 of 250
Exhibit A
Baraya Apartments –CUP, PP H-2018-0003 PAGE 4
areas of higher or lower density may be included. Residential densities can be concentrated in
multistory projects with up to 50 dwelling units per acre allowed.
The TMISAP shows a north-south collector roadway in the genral location of this parcel. The
applicant has shown a collector roadway on their plan with 70 feet of right-of-way (See Exhibit A.6).
Thi is in line with the TMISAP and staff is supportive of the proposal.
The applicant proposes to develop the site with 240 dwelling at a gross density of 19.06 units/acre.
This land use anticipates densities greater than 15 dwelling units per acre.
The applicant is also proposing 23.6% open space for the project, or 2.97 acres of land.
GOALS, OBJECTIVES, & ACTION ITEMS: 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 residential development will contribute to the variety of residential
uses that currently exist in this area (i.e. low and medium density). Staff is unaware of how
“affordable” the units will be.
“Provide housing options close to employment and shopping centers.” (3.07.02D)
Because of its location in close proximity to the Ten Mile Interchange (which is rapidly
developing), as well as major transportation corridors (I-84 and Ten Mile Road), this
property is ideal for providing higher density housing options.
“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 multi-family development is located in close proximity to major access
thoroughfares (i.e. I-84 and Ten Mile Road Road) within the City.
“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.
“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)
Urban services can be provided to this property upon development.
“Adopt land use designations that will allow for housing opportunities for all income levels.”
(3.07.01D)
Few of the major employment areas within the City are adequately supported with enough
housing options. Density near employment centers allow for workforce housing and promote
community resiliency, potentially reducing commute times and expenses, and allowing for
increased community and economic engagement.
Meridian City Council Meeting Agenda May 1, 2018 – Page 101 of 250
Exhibit A
Baraya Apartments –CUP, PP H-2018-0003 PAGE 5
“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 development of multi-family homes on this site will contribute to the variety of housing
types available in this part of the City.
“Consistent with the Transportation and Land Use Integration Plan, require all new
residential neighborhoods to provide sidewalks, curb and gutters, and complete streets.”
(3.07.02B)
Curb, gutter and sidewalks will be required to be constructed along the entire frontage of this
property as part of the development.
“Elevate quality of design for houses and apartments; evaluate the need for design review
guidelines for single-family homes.” (3.07.02O)
The multi-family structures within the proposed development will be subject to the design
standards in UDC 11-3A-19 and the guidelines in the Architectural Standards Manual.
Further refinement to the design of these structures is required in order for the project to
meet the design review requirements.
“Require open space areas within all development.” (6.01.01A)
This multi-family development is required to comply with UDC 11-4-3-27. The landscape
plan indicates that approximately 23.6% of the development is landscaped, The site appears
to meet the requirements of the UDC and to have provided the 23.6%.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to
provide for a range of housing opportunities consistent with the Meridian comprehensive plan.
Residential districts are distinguished by the dimensional standards of the corresponding zone and
housing types that can be accommodated.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-8 lists the principal permitted
(P), accessory (A), conditional (C), and prohibited (-) uses in the R-40 zoning district. Any use
not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the site for
multi-family dwellings is a conditional use in the R-40 zoning district.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Tables 11-2A-8 for the R-40 zoning district.
D. Landscaping Standards (UDC 11-3B): The standards for landscaping contained in UDC 11-3B
apply to development of this site.
E. Common Open Space & Site Amenity Requirements: Common open space and site amenities are
required to be provided on the site in accord with the requirements listed in UDC 11-3G-3; 11-4-
3-27C; and11-4-3-27D.
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.
G. Parking Standards: UDC 11-3C-6A requires off-street vehicle parking to be provided on the site.
For one bedroom units, 1.5 vehicle parking spaces are required per dwelling unit; at least one in a
covered carport or garage. For 2-3 bedroom units, 2 parking spaces; at least one in a covered
carport or garage.
Meridian City Council Meeting Agenda May 1, 2018 – Page 102 of 250
Exhibit A
Baraya Apartments –CUP, PP H-2018-0003 PAGE 6
IX. ANALYSIS
Analysis of Facts Leading to Staff Recommendation:
A. Conditional Use Permit (CUP):
A CUP is requested for a multi-family development in the R-40 zoning district as required by
UDC Table 11-2A-2.
The proposed multi-family development consists of a total of 240 dwelling units in (13) structures
on 12.59 acres of land in the R-40 zoning district. The units consist of a mix of 1, 2 and 3
bedroom 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 floor plans submitted by the applicant indicate the required
80 square foot balcony.
Developments with 20 units or more shall provide a property management office, a
maintenance storage area, a central mailbox location with provisions for parc el 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 applican’t
site plan indicates a maintenance building, however the remaining items are not shown on
the site plan The site plan submitted with the Certificate of Zoning Compliance
application should depict 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. All of the proposed units are between 500
and 1,200 square feet; therefore, a minimum of 60,000 square feet or 1.377 acres of
common open space are required for this development in addition to the 10 percent
required by UDC 11-3G-3 and UDC 11-4-3-27.
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 (5) a swimming pool, a clubhouse with an exercise room, a 50’ x 100’
open grassy area, and a tot lot as amenities in compliance with UDC standards. These
amenities fall within the quality of life, open space and recreation categories 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 the Certificate of Zoning
Compliance should comply with this requirement for the sides of the structures that
face W. Franklin and N. Umbria Hills Avenue.
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 Certificate of Occupancy.
Access:As shown, the only access for the project is from N. Umbria Hills Avenue. The applicant
will be held to a maximum of 200 units until such time as a secondary access is constructed.
Meridian City Council Meeting Agenda May 1, 2018 – Page 103 of 250
Exhibit A
Baraya Apartments –CUP, PP H-2018-0003 PAGE 7
Parking: For multi-family developments, off-street parking is required in accord with the
standards listed in UDC Table 11-3C-6, which requires 2 parking spaces per dwelling unit with at
least one of those in a covered carport or garage. Based on (240) 1, 2- and 3-bedroom units, a
minimum of 456 parking spaces are required, 240 of which should be covered. The site plan
depicts a total of 456 spaces, 240 of which are covered,and a total of 9 additional ADA stalls
which complies with the UDC standards.
For non-residential uses such as the clubhouse, a minimum of one space is required to be
provided for every 500 square feet (s.f.) of gross floor area in accord with the standards l isted in
UDC 11-3C-6B. The applicant has indicated that the square footage of the clubhouse is
approximately 5,400 square feet, which would require an additional 11 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 474 vehicle spaces proposed, a minimum of 19 bicycle spaces in
bicycle racks are required to be interspersed throughout the development. The plans
submitted with the application show 19 bicycle parking stalls. On the submitted site plan the
applicant has dispersed bike racks throughout the proposed concept plan. The applicant will also
need to meet any requirements for ADA stalls as dictated by the International Building Code. All
parking on the site must comply with the standards set forth in UDC 11-3C-5C and 11-3C-6G.
The conceptual site plan indicates that there will be a total of 474 parking stalls which is a ratio of
1.9 parking stalls per unit. Since this development is located adjacent to a proposed collector and
arterial roads which do not allow for on-street parking, the applicant has provide more parking
than what is required by City ordinance. Staff is supportive of the proposed parking shown on the
concept plan.
In 2011, construction of a collector roadway was approved on the south side of this property(AZ-
11-001). To accommodate future access from this site, the applicant is required to stub a
driveway to the southern boundary of the subject property to take access from the future collector
(See Exhibit A.7).
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 on the east and west
sides of the project because the adjacent uses are residential in nature. On the south side of the
project, however, there is existing commercial zoning that require a 25 foot landscape buffer to be
installed per UDC Table 11-2B-3, and must be landscaped in accord with the standards listed in
UDC 11-3B-9. On the north side of the project alonf W. Franklin the applicant is required to
install a 25 foot landscape buffer per UDC 11-3B-7. Additionally, a 20 foot landscape buffer is
required along the N. Umbria Hills Ave. street frontage per UDC 11-3B-7.
Mitigation: The applicant is required to comply with the mitigation standards listed in UDC
11-3B-10C.5 for any existing trees 4-inch caliper or greater that are removed from the site.
Contact Elroy Huff, City Arborist (208-371-1755), prior to removal of any existing trees from
the site.
Building Elevations: Four building types are proposed for the future multi-family structures
within the development as shown in Exhibit A.5. Per the development agreement, the structures
are required to comply with the City of Meridian Architectural Standards Manual.
The architectural character of the structures shall 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.
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
Meridian City Council Meeting Agenda May 1, 2018 – Page 104 of 250
Exhibit A
Baraya Apartments –CUP, PP H-2018-0003 PAGE 8
improvements comply with the provisions of the UDC and the conditions in this report prior to
construction, in accord with UDC 11-5B-1.
Design Review: The applicant is required to submit an application for Design Review concurrent
with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and
building design is required to be 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.
B. Preliminary Plat (PP):
The proposed plat consists of 13 residential building lots and 3 common lots on 12.59 acres of
land in the R-40 zoning district. The smallest lot is 15,080 square feet (s.f.) with an average lot
size of 33,039 s.f.
Dimensional Standards: Staff has reviewed the proposed plat for compliance with the
dimensional standards listed in UDC Table 11-2A-8 for the R-40 zoning district. All of the lots
comply with the minimum standards. Construction of buildings on the site should comply with
the setbacks for the R-40 district.
Access: Access to streets is required to comply with the standards listed in UDC 11-3A-3. The
proposed plat depicts one accesses for the development from W. Franklin. There will be future
access to the development once the properties to the west and south develop.
Per ACHD, the applicant will be required to construct a turnaround at the terminus of N. Umbria
Hilla Avenue. If it is not possible to accommodate the turn around on the adjacent property, the
applicant will need to revise the site plan to accommodate this.
Stub Streets/Street Improvements: The collector being constructed as part of this project
(N. Umbria Hills Avenue) will be stubbed to the south property line. Other than this, there are
no stub streets proposed to adjacent properties.
Traffic Impact Study (TIS): A TIS was not a requirement for this specific project. However, the
original traffic study written for the Baraya subdivision included 280 apartment units in its
analysis.
Landscaping: A 25-foot wide street buffer is required adjacent to W Franklin Road and a 20 foot
landscape buffer is required along N. Umbria Hills Avenue in accord with the standards listed in
UDC 11-3B-7C.
Open Space: A minimum of 10% (or 1.25 acres) of the area of the site is required to consist of
qualified open space in accord with the standards listed in UDC 11-3G-3B. The applicant has
proposed to provide 2.97 acres of qualified open space, or approximately 24%. Prior to the
Commission hearing, the applicant shall provide a detailed table indicating which areas are
included in the qualified open space calculation.
A total of 2.97 acres (or 24%) of open space is proposed consisting of common areas where
the clubhouse, swimming pool and tot lot are located, the collector landscape buffer, half
the arterial landscape buffer and miscellaneous open grassy areas that are a minimum of
20’ x 20’ in area (see Exhibit A.2).
Amenities:The applicant proposes a swimming pool, a clubhouse with an exercise room, a 50’ x
100’ open grassy area, and a tot lot as amenities. The applicant’s proposed amenities meet the
requirements for amenities per the UDC.
Meridian City Council Meeting Agenda May 1, 2018 – Page 105 of 250
Exhibit A
Baraya Apartments –CUP, PP H-2018-0003 PAGE 9
Sidewalks: Sidewalks are required to be provided with development in accord with the standards
listed in UDC 11-3A-17. detached sidewalks are required along N. Umbria Hilla Avenue and W.
Franklin Road per that same standard.
Utilities: Street lights are required to be installed along public streets adjacent to the development
in accord with the City’s adopted standards, specifications and ordinances. All development is
required to connect to the City water and sewer system unless otherwise approved by the City
Engineer in accord with UDC 11-3A-21. Adequate fire protection shall be required in accord with
the appropriate fire district standards.
Pressurized Irrigation: An underground pressurized irrigation system is required to be provided
for the development in accord with UDC 11-3A-15 as proposed and will be served by the Nampa
& Meridian and Settler’s Irrigation Districts.
Waterways/Ditches: The Kennedy Lateral runs along a portion of the weast boundary of the
property. The applicant shall coordinate with the appropriate irrigation district to ensure that no
structures encroach into their prescriptive easement.
Storm Drainage: An adequate storm drainage system is required in all developments in accord
with the City’s adopted standards, specifications, and ordinances, per UDC 11-3A-18.
Stormwater is proposed to be retained on-site in seepage beds.
In summary, Staff recommends approval of the proposed CUP and PP applications with the
conditions included in Exhibit B of this report in accord with the Findings contained in Exhibit C.
X. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
2. Proposed Site Plan (dated: 1/3/18)
3. Proposed Preliminary Plat (dated: 1/4/18)
4. Proposed Landscape Plan (dated: 1/8/18)
5. Proposed Building Elevations & Renderings (dated 10/17/17)
6. Ten Mile Interchange Specific Area Plan street section Exhibit
7. Roadway Network Exhibit
B. Agency & Department Comments
C. Required Findings from Unified Development Code
Meridian City Council Meeting Agenda May 1, 2018 – Page 106 of 250
Exhibit A
Exhibit A Page 1
A. Drawings/Other
Exhibit A.1: Zoning Map
Meridian City Council Meeting Agenda May 1, 2018 – Page 107 of 250
Exhibit A
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Exhibit A.2: Proposed Site Plan (dated: 1/3/18)
Meridian City Council Meeting Agenda May 1, 2018 – Page 108 of 250
Exhibit A
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Exhibit A.3: Proposed Preliminary Plat (dated: 1/4/18)
Meridian City Council Meeting Agenda May 1, 2018 – Page 109 of 250
Exhibit A
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Exhibit A.4: Proposed Landscape Plan (dated: 1/8/18)
Meridian City Council Meeting Agenda May 1, 2018 – Page 110 of 250
Exhibit A
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Exhibit A.5: Proposed Building Elevations & Renderings (dated: 10/17/17
Meridian City Council Meeting Agenda May 1, 2018 – Page 111 of 250
Exhibit A
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Meridian City Council Meeting Agenda May 1, 2018 – Page 112 of 250
Exhibit A
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Meridian City Council Meeting Agenda May 1, 2018 – Page 113 of 250
Exhibit A
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Exhibit A.6: Ten Mile Interchange Specific Area Plan street section Exhibits
Meridian City Council Meeting Agenda May 1, 2018 – Page 114 of 250
Exhibit A
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Exhibit A.7: Roadway Network Exhibit
Meridian City Council Meeting Agenda May 1, 2018 – Page 115 of 250
Exhibit A
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B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS
1. PLANNING DIVISION
1.1 Site Specific Conditions of Approval – Preliminary Plat
1.1.1 Development of the site shall substantially comply with the preliminary plat, site plan and
building elevations included in Exhibit A, the design standards listed in UDC 11-3A-19 and in
the Architectural Standards Manual, and the conditions in this report.
1.1.2 The applicant shall comply with the conditions of the development agreement (Inst. #
107123289).
1.1.3 The preliminary plat included in Exhibit A.3, dated 01/04/18, shall be revised as follows:
a. The applicant shall provide detached sidewalks along the entire W. Franklin and N.
Umbria Hills Ave., and attached sidewalk throughout the development.
b. The trash enclosure and location should be approved by Bob Olson, Republic Services.
A detail of the trash enclosures should be submitted with the Certificate of Zoning
Compliance application(s).The trash enclosures shall also accommodate recycling
containers.
c. Prior to the City Council hearing, the applicant shall revise the site plan and stub a driveway
along the southern boundary show the proposed project will function within the approved
network.
1.2 Site Specific Conditions of Approval – Conditional Use Permit
1.2.1 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.
1.2.2 W, the applicant shall revise the site plan included in Exhibit A.2, dated 01/03/18, shall be
modified as follows:
a. Depict a property management office, a maintenance storage area, a central mailbox
location with provisions for parcel mail that provides safe pedestrian and/or vehicular
access and a directory map of the development at an entrance or convenient location for
those entering the development in accord with UDC 11-4-3-27B.7.
1.2.3 The landscape plan included in Exhibit A.4, dated 01/08/2018, shall be revised as follows:
a. Prior to the Commission hearing, the applicant shall provide a detailed landscape table
indicating which areas are included in the qualified open space calculation.
b. The applicant shall provide 2.97 acres of qualified open space as proposed.
Meridian City Council Meeting Agenda May 1, 2018 – Page 116 of 250
Exhibit A
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1.2.4 All elevations that face W. Franklin or N. Umbria Hills shall have landscaping along their
foundations that comply with the minimum standards listed in UDC 11-4-3-27E.2.
1.2.5 The applicant shall coordinate with the appropriate irrigation district to ensure that no structures
encroach into their prescriptive easement.
1.2.6 The applicant will be held to a maximum of 200 units until such time as a secondary access is
constructed.
1.2.7 The applicant shall provide a gazebo sitting are as an additional amenity.
1.3 General Conditions of Approval
1.3.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC
Chapter 2 District regulations.
1.3.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
1.3.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11.
1.3.4 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.
1.3.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.3.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J.
1.3.7 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.
1.3.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-
7C (streets).
1.3.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-
11C.
1.3.10 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.
1.3.11 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.
1.3.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12.
1.3.13 Construct all required landscape areas used for storm water integration consistent with the
standards as set forth in UDC 11-3B-11C.
1.3.14 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 Standards Manual.
1.3.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
1.3.16 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site.
1.3.17 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.
1.3.18 All storm drainage areas included in the qualified open space calculations shall comply with the
standards listed in UDC 11-3B-11, Stormwater Integration.
1.4 Ongoing Conditions of Approval
Meridian City Council Meeting Agenda May 1, 2018 – Page 117 of 250
Exhibit A
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1.4.1 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.
1.4.2 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.
1.5 Process Conditions of Approval
1.5.1 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.
1.5.2 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.
1.5.3 The preliminary plat approval shall be null and void if the applicant fails to obtain City Engineer
signature on a final plat within two (2) years of approval of the preliminary plat; or, obtain
approval of a time extension as set forth in UDC 11-6B-7.
1.5.4 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 A street light plan will need to be included in the final plat application. Street light plan
requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can
be found at http://www.meridiancity.org/public_works.aspx?id=272.`
2.1.2 Continue the 12-inch water main south in S. Umbria Hills to the southern extent of the preplat,
this main was shown as 8-inch in the submitted AutoCAD file.
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
Meridian City Council Meeting Agenda May 1, 2018 – Page 118 of 250
Exhibit A
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review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document. All easements must be
submitted, reviewed, and approved prior to development plan approval.
2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, a single-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
prior to receiving development plan approval.
2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer. 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.
Meridian City Council Meeting Agenda May 1, 2018 – Page 119 of 250
Exhibit A
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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.
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. POLICE DEPARTMENT
3.1 Prior to the Planning and Zoning Commission the applicant shall provide a pedestrian lighting
plan.
4. FIRE DEPARTMENT
4.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water
quality by the Meridian Water Department for bacteria testing.
4.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance
with International Fire Code Section (IFC) 508.5.4 as follows:
a. Fire hydrants shall have a Storz LDH connection in place of the the 4 ½” outlet. The Storz
connection may be integrated into the hydrant or an approved adapter may be used on the 4
1/2" outlet.
b. Fire hydrants shall have the Storz outlet face the main street or parking lot drive aisle.
c. Fire hydrants shall be placed on corners when spacing permits.
d. Fire hydrants shall not have any vertical obstructions to outlets within 10’.
e. Fire hydrants shall be placed 18” above finished grade to the center of the Storz outlet.
f. Fire hydrants shall be provided to meet the requirements of the Meridian Water Dept.
Standards.
Meridian City Council Meeting Agenda May 1, 2018 – Page 120 of 250
Exhibit A
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g. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
4.3 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater
than 150 feet in length that is not provided with an outlet shall be required to have an approved
turn around. Phasing of the project may require a temporary approved turn around on streets
greater than 150' in length with no outlet.
4.3 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’
outside, per International Fire Code Section 503.2.4.
4.4 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire
Code Sections 503.4 & D103.6.
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 Commercial and office occupancies will require a fire-flow consistent with International Fire
Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C.
4.7 Provide a Fire Department Key box entry system for the complex prior to occupancy as set forth
in International Fire Code Section 506.
4.8 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in
International Fire Code Section 505.1 and Meridian Amendment 10-4-1.
4.9 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 and Meridian
Amendment 104-4-1.
4.10 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.
4.11 All R-2 occupancies with 3 or more units shall be required to be fire sprinkled as set forth in
International Fire Code Section 903.2.8.
4.12 The Fire Department will require Fire Department locking Connection caps on all FDC inlets. IFC
102.9
4.13 Buildings over 30’ in height are required to have access roads in accordance with the International
Fire Code Appendix D Section D105.
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 10-4-1.
4.15 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices
installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141,
Section A5.2.18.
4.16 As set forth in International Fire Code Section 504.1, multi-family and commercial projects shall
be required to provide an additional sixty inches (60”) wide access point to the building from the
fire lane to allow for the movement of manual fire suppression equipment and gurney operations.
The unobstructed breaks in the parking stalls shall be provided so that building access is provided
in such a manner that the most remote part of a building can be reached with a length of 150' fire
hose as measured around the perimeter of the building from the fire lane. Code compliant
Meridian City Council Meeting Agenda May 1, 2018 – Page 121 of 250
Exhibit A
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handicap parking stalls may be included to assist meeting this requirement. Contact the Meridian
Fire Department for details.
5. REPUBLIC SERVICES
5.1 Coordinate with Bob Olson, Republic Services (208-345-1265) on the location and design of
trash enclosures prior to submittal of the Certificate of Zoning Compliance application.
6. PARKS DEPARTMENT
6.1 The Parks Department did not provide comments for this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 Construct Umbria Hills Avenue as a 50-foot wide street section (back of curb to back of curb)
with two 21-foot travel lanes, two 8-foot wide center landscape islands, vertical curb, gutter, a 10-
foot wide landscape strip, and 5-foot wide detached concrete sidewalk.
7.1.2 Provide written approval from the appropriate fire department for the reduced street- section.
7.1.3 Provide a permanent right-of-way easement for any public sidewalk outside of the dedicated
right-of-way. The easement shall encompass the entire area between the right-of-way line and 2-
feet behind the back edge of the sidewalk.
7.1.4 Plat the center landscape island as right-of-way owned by ACHD. The applicant or the
homeowners association shall apply for a license agreement with ACHD if any landscaping is
proposped to be located within the islands.
7.1.5 Continue Umbria Hills Avenue, stubbing to the southern property line of the site.
7.1.6 Install a sign at the terminus of Umbria Hills Avenue stating that, “THIS IS A DESIGNATED
COLLECTOR ROADWAY. THIS STREET WILL BE EXTENDED AND WIDENDED IN
THE FUTURE.”
7.1.7 Construct a temporary cul-de-sac at the terminus of Umbria Hills Avenue. The cul-de- sac should
be paved and provide a minimum 45-foot radius.
7.1.8 Construct a 25-foot wide driveway onto Umbria Hills Avenue located 280-feet south of Snow
Canyon Drive.
7.1.9 Construct a driveway from the site onto Umbria Hills Avenue with a maximum width of 36 -feet
to align with Snow Canyon Street.
7.1.10 Construct the driveways as curb returns with minimum 15 -foot radii, and pave the driveways
their full width and at least 30-feet into the site beyond the edge of pavement of the roadway.
7.1.11 Umbria Hills Avenue is classified as a collector roadway; direct lot access is prohibited to this
roadway and should be noted on the final plat.
7.1.12 Obtain approval by the ACHD pavement cut committee before any pavement cuts occur to this
segment of Franklin Road abutting the site.
7.1.13 A Traffic Impact Fee will be assessed by ACHD and will be due prior to issuance of a building
permit. Please contact the ACHD Planner (see below) for information regarding impact fees.
7.1.14 Plans shall be submitted to the ACHD Development Services Department for plans acceptance,
and impact fee assessment (if an assessment is applicable).
Meridian City Council Meeting Agenda May 1, 2018 – Page 122 of 250
Exhibit A
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7.1.15 Comply with the Standard Conditions of Approval as noted below.
7.2 Standard Conditions of Approval
7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all
easements). Any existing irrigation facilities shall be relocated outside of the ACHD right -of-way
(including all easements).
7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the
ACHD right-of-way.
7.2.3 In accordance with District policy, 7203.6, 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.
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.
Meridian City Council Meeting Agenda May 1, 2018 – Page 123 of 250
Exhibit A
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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.
Council finds that the site is large enough to accommodate the proposed use and meet the
dimensional and development regulations of the R-40 zoning district and the specific use
standards for multi-family developments.
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and
in accord with the requirements of this Title.
Council finds that the proposed multi-family residential use will be harmonious with the
Comprehensive Plan and that the density is appropriate for this site. The proposed use is 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.
Council 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. Council considers any public testimony that may be presented to
determine whether or not the proposal will adversely affect the other properties in the area.
d. That the proposed use, if it complies with all conditions of the approval imposed, will
not adversely affect other property in the vicinity.
Council finds that the proposed development should not adversely affect other property in the
vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this
staff report and constructs all improvements and operates the use in accordance with the UDC
standards.
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection, drainage
structures, refuse disposal, water, and sewer.
Council finds that sanitary sewer, domestic water and irrigation can be made available to the
subject property. Please refer to comments prepared by the Public Works Department, Fire
Department, Police Department and other agencies.
f. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
Council finds that the applicant will pay to extend the sanitary sewer and water mains into the
site. No additional capital facility costs are expected from the City. The applicant and/or
future property owners will be required to pay impact fees.
g. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
Meridian City Council Meeting Agenda May 1, 2018 – Page 124 of 250
Exhibit A
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Council finds that the proposed development should not involve activities that will create
nuisances that would be detrimental to the general welfare of the surrounding area.
Council recognizes the fact that traffic and noise will increase with the approval of this
development; however, whenever undeveloped property is developed, the amount of traffic
generation does increase.
h. That the proposed use will not result in the destruction, loss or damage of a natural,
scenic or historic feature considered to be of major importance.
Commission finds that the proposed development will not result in the destruction, loss or
damage of any natural feature(s) of major importance. Council references any public
testimony that may be presented to determine whether or not the proposed development may
destroy or damage a natural or scenic feature(s) of major importance of which staff is
unaware.
2. PRELIMINARY PLAT:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the
decision-making body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan;
Council finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan in regard to land use, transportation, and circulation. Please see
Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more
information.
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
Council finds that public services will be provided to the subject property upon development.
(See Exhibit B of the Staff Report for more details from public service providers.)
c. The plat is in conformance with scheduled public improvements in accord with the
City’s capital improvement program;
Because City water and sewer and any other utilities will be provided by the developer at
their own cost, Council finds that the subdivision will not require the expenditure of capital
improvement funds.
d. There is public financial capability of supporting services for the proposed
development;
Council relies upon comments from the public service providers (i.e., Police, Fire, ACHD,
etc.) to determine this finding. (See Exhibit B for more detail.)
e. The development will not be detrimental to the public health, safety or general welfare;
and
Council is not aware of any health, safety, or environmental problems associated with the
platting of this property. ACHD considers road safety issues in their analysis. Council
considers any public testimony that may be presented when determining whether or not the
proposed subdivision may cause health, safety or environmental problems of which Council
is unaware.
f. The development preserves significant natural, scenic or historic features.
Meridian City Council Meeting Agenda May 1, 2018 – Page 125 of 250
Exhibit A
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Council finds there are no significant natural, scenic or historic features associated with this
property that need to be preserved with development of this site.
Meridian City Council Meeting Agenda May 1, 2018 – Page 126 of 250