Tanner Creek FFCL H-2018-0023 MDA, CPAM, RZ, PP, CUPCITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0023 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for a Development Agreement Modification to Accommodate the
Proposed Residential Development Plan; Amendment to the Future Land Use Map in the
Comprehensive Plan to Change the Land Use Designation on 39.25 Acres of Land from
Commercial to Medium High Density Residential; Rezone of 38.48 Acres of Land from the C-G to
the R-15 (West 22.59 Acres) and R-40 (East 15.89 Acres) Zoning Districts; Preliminary Plat
Consisting of 141 Building Lots and 18 Common Lots on 37.87 Acres of Land for Tanner Creek
Subdivision; and Conditional Use Permit for a Multi-Family Development Consisting of 272
Dwelling Units in the R-40 Zoning District, by Schultz Development.
Case No(s). H-2018-0023
For the City Council Hearing Date of: August 21, 2018 (Findings on September 4, 2018)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of August 21, 2018, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of August 21, 2018, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of August 21,
2018, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of August 21, 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. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
4. 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.
5. That the City has granted an order of denial 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
Meridian City Council Meeting Agenda September 11, 2018 – Page 54 of 222
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0023 - 2 -
Community Development Department, the Public Works Department and any affected party
requesting notice.
C. Decision and Order
Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant’s request for a development agreement modification, comprehensive plan map
amendment, rezone, preliminary plat and conditional use permit is hereby denied per the
Findings of Fact and Conclusions of Law included in the Staff Report for the hearing date of
August 21, 2018, attached as Exhibit A.
D. 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.
E. Attached: Staff Report for the hearing date of August 21, 2018
Meridian City Council Meeting Agenda September 11, 2018 – Page 55 of 222
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
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MAYOR TAMMY de WEERD VOTED
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Copy seived upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: �j - Cl J G� Dated: qr �� p
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0023 -3-
MAYOR
3 -
Tanner Creek – MDA, CPAM, RZ, PP, CUP (H-2018-0023) PAGE 1
STAFF REPORT
Hearing Date: August 21, 2018
TO: Mayor & City Council
FROM: Sonya Allen, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Tanner Creek – MDA, CPAM, RZ, PP, CUP (H-2018-0023)
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Schultz Development, has submitted an application for the following:
Replacement of the existing Development Agreement (MDA) with a new agreement to
accommodate the proposed residential development plan;
Amendment to the Future Land Use Map contained in the Comprehensive Plan (CPAM) to
change the land use designation on 39.25 acres of land from Commercial to Medium High
Density Residential;
Rezone (RZ) of 38.48 acres of land from the C-G to the R-15 (west 22.59 acres) and R-40
(east 15.89 acres) zoning districts;
Preliminary Plat (PP) consisting of 141 building lots and 18 common area lots on 37.87 acres
of land; and,
Conditional Use Permit (CUP) for a multi-family development consisting of 272 dwelling
units in the R-40 zoning district.
See Section IX of the staff report for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed MDA, CPAM, RZ, PP, CUP applications with the
conditions of approval noted in Exhibit B per the Findings of Fact and Conclusions of Law in Exhibit
D. Note: The MDA request does not require action from the Commission; City Council is the decision
making body.
The Meridian Planning & Zoning Commission heard these items on July 19, 2018. At the public
hearing, the Commission moved to recommend approval of the subject CPAM, RZ, PP and
CUP requests.
a. Summary of Commission Public Hearing:
i. In favor: Matt Schultz (Applicant’s Representative)
ii. In opposition: Clair Manning
iii. Commenting: Bill Kissinger, Joe Lorcher, Michael Swenson, Geronimo Martinez,
Steven Cooper
iv. Written testimony: Bill Kissinger, Casper Larsen, Jerry P. (via Next Door),
v. Staff presenting application: Sonya Allen
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
EXHIBIT A
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Tanner Creek – MDA, CPAM, RZ, PP, CUP (H-2018-0023) PAGE 2
i. Concern regarding increase in traffic from proposed development and extension of
Ruddy Drive from the west boundary – improvements (i.e. curb, gutter, sidewalks and
designated bicycle lanes) to Waltman Lane needed prior to construction;
ii. Opposition of more multi-family development in Meridian when schools and
infrastructure may be inadequate to deal with current population;
iii. Proposed density is too high – preference of single-family homes rather than
apartments;
iv. Concern regarding sufficiency of parking proposed for the multi-family development;
vi. Impact of proposed development on existing area residents.
c. Key Issues of Discussion by Commission:
i. Phasing/timing of the street buffer landscaping along I-84;
ii. Concern regarding long-term maintenance of the street buffer landscaping along I-84;
iii. Improvements to Waltman Lane associated with the proposed development and
extension of Corporate Drive;
iv. Concern pertaining to loss of commercial uses on this property.
d. Commission Change(s) to Staff Recommendation:
i. Modification to DA provision #1.1.j and condition #1.2.3 to allow the street buffer along
I-84 to be constructed with the third phase of development as requested by the
Applicant instead of with the first phase;
ii. Modification to DA provision #1.1c to remove the single-family residential lots adjacent
to I-84 from the requirement to provide articulation on the elevations facing I-84;
iii. Include a new DA provision that restricts single-family homes adjacent to I-84 to a
single-story in height as proposed by the Applicant (#1.1.m).
e. Outstanding Issue(s) for City Council:
i. None
The Meridian City Council heard these items on August 21, 2018. At the public hearing, the
Council denied the subject MDA, CPAM, RZ, PP and CUP requests.
a. Summary of City Council Public Hearing:
i. In favor: Matt Schultz (Applicant’s Representative)
ii. In opposition: Clair Manning, Nick Eller, Adam Hegstrom, Mike Swenson, Nancy
Swenson, Steve Cooper, Steven Brandt, Joe Lorcher, Ed Haddock,
iii. Commenting: Nona Haddock
iv. Written testimony: Donna Aldrich
v. Staff presenting application: Sonya Allen
vi. Other staff commenting on application: Tracy Basterrechea
b. Key issue(s) of Public Testimony:
i. Concern pertaining to traffic impact on existing roadways in the area;
ii. Request from Clair Manning for the developer to construct a privacy fence along the
side of his property as a shield to the traffic generated from the proposed development
and re-route the irrigation;
iii. Opinion that the proposed density is too high for this area and existing infrastructure
can’t support it;
iv. Concern that when Ruddy Dr. is extended from the west to Waltman Ln. it’s going to
create a thoroughfare for traffic traveling to the I-84 on-ramp to the east from the
residential development to the west, east of Linder Rd.
v. Safety concerns for children walking and riding their bicycles to school with the high
traffic volumes associated with the proposed development;
c. Key Issues of Discussion by Council:
i. Ownership and maintenance of the individual apartment buildings;
Meridian City Council Meeting Agenda September 11, 2018 – Page 58 of 222
Tanner Creek – MDA, CPAM, RZ, PP, CUP (H-2018-0023) PAGE 3
ii. Desire for the applicant to participate in the Comprehensive Plan update that’s
currently in process, rather than requesting an amendment to the FLUM outside of that
process;
iii. Desire for commercial employment uses rather than residential on this property;
iv. Concern related to impact on area schools, proposed density and traffic (i.e. resulting
safety hazards);
v. Feeling that the timing isn’t right for development of this property;
vi. Preference for commercial/office/employment type uses to develop on this property
rather than residential.
d. Key Council Changes to Staff/Commission Recommendation
i. Council voted to deny the application based on the concerns noted above and the
finding that the proposed amendment to the FLUM is not in the best interest of the City
(see Findings in Exhibit D).
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2018-
0023, as presented in the staff report for the hearing date of August 21, 2018, with the following
modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0023,
as presented during the hearing on August 21, 2018, for the following reasons: (You should state
specific reasons for denial)
Continuance
I move to continue File Number H-2018-0023 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located at 505, 521, 615, 675, W. Waltman Lane, in the SE ¼ of Section 13, Township
3N., Range 1W.
Parcel No.’s: S1213428020, S1213428050, S1213427872, S1213427880, S1213427890,
S1213427840, S1213428010, S1213428301, S1213427860
B. Owner(s):
Bling LLC and Go for It, LLC
16130 N. Elder St.
Nampa, ID 83687
C. Applicant:
Meridian City Council Meeting Agenda September 11, 2018 – Page 59 of 222
Tanner Creek – MDA, CPAM, RZ, PP, CUP (H-2018-0023) PAGE 4
Schultz Development
PO Box 1115
Meridian, ID 83680
D. Representative:
Matt Schultz, Schultz Development
PO Box 1115
Meridian, Idaho 83680
E. Applicant’s Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject application is for an amendment to the Development Agreement, Comprehensive
Plan Future Land Use Map Amendment, Rezone, Preliminary Plat and a Conditional Use Permit.
A public hearing is required before the Planning & Zoning Commission and City Council on all
of these applications except for the amendment to the Development Agreement, which only
requires Council approval, consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: June 29, 2018 (Commission); August 3, 2018 (City
Council)
C. Radius notices mailed to properties within 300 feet on: June 22, 2018 (Commission); July 26,
2018 (City Council)
D. Applicant posted notice on site(s) on: July 9, 2018 (Commission); August 6, 2018 (City Council)
E. Posted to Next Door: June 27, 2018 (Commission); July 31, 2018 (City Council)
VI. LAND USE
A. Existing Land Use(s) and Zoning: This site consists of mostly vacant/undeveloped land with a
few old outbuildings, zoned C-G; the land is currently used for animal grazing.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: W. Waltman Ln. and rural residential properties, zoned R1 and RUT in Ada County
East: Single-family residential properties, zoned C-G
South: I-84; Mountain View Equipment, Wahooz and Roaring Springs, zoned C2 in Ada County
and C-G respectively
West: Single-family residential properties in The Landing Subdivision, zoned R-4
C. History of Previous Actions: This property was annexed in 2006 (AZ-06-063, Waltman
Property) with the requirement of a Development Agreement, recorded as Instrument No.
108131100. In 2008, a preliminary plat (PP-08-001) was approved for Browning Plaza
subdivision; several time extensions were approved (TE-10-028; TEC-12-008; TEC-14-005; H-
2016-0008) but the plat expired on April 7, 2018.
D. Utilities:
1. Public Works:
a. Location of sewer: The sanitary sewer mainline intended to provide service to the subject
site currently exists in W. Waltman Lane, and along the east boundary adjacent to Ten
Mile Creek.
b. Location of water: Water mains intended to provide service to the subject site currently
exist in W. Waltman Lane, and in N. Ten Mile Road and in W. Ruddy Drive.
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c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: The Ten Mile Creek runs along the east boundary of the site.
2. Hazards: Staff is not aware of any hazards that exist on this property except possibly the
creek which may present a hazard to young children.
3. Flood Plain: This site is not located in the Meridian Floodplain Overlay District.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
CURRENT LAND USE DESIGNATION(S): This site is designated Commercial on the Future Land Use
Map contained in the Comprehensive Plan.
The purpose of the Commercial designation is to provide a full range of commercial and retail to
serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi -
family residential, as well as appropriate public uses such as government offices.
PROPOSED LAND USE DESIGNATION: The applicant proposes to change the land use designation on
39.25 acres of land from Commercial to Medium High Density Residential (MHDR) for this site.
The purpose of the MHDR designation is to allow for the development of a mix of relatively dense
residential housing types including townhouses, condominiums and apartments. Residential gross
densities should range from 8 to 15 units per acre, with a target density of 12 units per acre. These are
relatively compact areas within the context of larger neighborhoods and are typically located around
or near mixed use commercial or employment areas to provide convenient access to services and jobs
for residents. Developments need to incorporate high quality architectural design and materials and
thoughtful site design to ensure quality of place and should also incorporate connectivity with
adjacent uses and area pathways, attractive landscaping and individual project identity.
PROPOSED DEVELOPMENT: The applicant proposes to develop a mix of single-family detached,
townhome and multi-family (i.e. apartments) dwellings on the site at an overall gross density of 10.53
units per acre consistent with the density desired in the requested MHDR FLUM designation.
Although single-family detached dwellings aren’t specifically listed as a type of use desired in the
MHDR designation, staff finds the transition in uses to existing single-family detached units to the
west and mix of uses that achieve the overall desired density appropriate in this case.
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)
A variety of residential categories are proposed in this development consisting of single-
family detached homes, townhomes and apartments. Staff is unaware how “affordable” the
units will be.
“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)
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Tanner Creek – MDA, CPAM, RZ, PP, CUP (H-2018-0023) PAGE 6
The proposed single-family and multi-family units will provide diversity in housing types in
this area of the City; staff is unaware if the units will be owner-occupied or rentals.
“Require open space areas within all development.” (6.01.01A)
The proposed development is required to provide common open space in accord with the
standards listed in UDC 11-3G-3 for residential districts; and 11-4-3-27C for multi-family
developments. (See Analysis below in Section IX for more information).
“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.
“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 abuts I-84, a major access thoroughfare and an interchanges is
located nearby for easy access. The Ten Mile Creek runs along the east boundary of this site
which is planned for an open space corridor containing a multi-use pathway.
“Protect existing residential properties from incompatible land use development on adjacent
parcels.” (3.06.01F)
There are some existing rural residential properties across W. Waltman Ln. to the north and
abutting residential properties to the west in The Landing Subdivision. The UDC and
Comprehensive Plan deem residential uses to be compatible with other residential uses
regardless of density.
“Support land uses that do not harm natural systems and resources.” (3.06.01H)
The Ten Mile Creek runs along the east boundary of this site and will serve as an amenity
next the multi-use pathway planned to be constructed with this development. The proposed
development should not harm any natural systems or resources.
“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)
Pedestrian walkways are proposed through the site to the multi-use pathway along the east
boundary of the site. The multi-use pathway should promote neighborhood connectivity as
part of the community pathway system.
“Identify transitional areas to buffer commercial and residential uses, to allow uses such as
offices and other low intensity uses.” (3.05.03A)
The proposed development will buffer the existing single-family residential uses to the west
from the future commercial uses to the east and the multi-family development will provide a
transition between single-family detached residences and future commercial uses.
“Evaluate comprehensive impact of growth in all land use decisions (e.g., traffic impacts,
school enrollment, parks, etc).” (3.01.01B)
Comments have been received on this application from ACHD, ITD, and WASD and are
included in Exhibit B of the staff report.
“Coordinate with transportation agencies to ensure provision of services and transit
development.” (6.02.02H)
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Tanner Creek – MDA, CPAM, RZ, PP, CUP (H-2018-0023) PAGE 7
A Valley Regional Transit bus stop is located 0.9 of a mile from this site at E. 2nd St. and E.
Broadway Ave.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zoning District(s): 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 (UDC 11-2A-1).
B. Schedule of Use:
1. UDC Table 11-2A-7 lists the principal permitted (P), accessory (A), conditional (C), and
prohibited (-) uses in the R-15 zoning district. Any use not explicitly listed is prohibited.
2. 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 is prohibited.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Table 11-2A-7 for the R-15 zoning district; and UDC Table 11-2A-8 for
the R-40 zoning district.
D. Landscaping: Landscaping is required within street buffers in accord with the standards listed in
UDC 11-3B-7C and within common open space areas in accord with UDC 11-3G-3E.2.
E. Off-Street Parking: See UDC Table 11-3C-6 for off-street parking requirements for single-family
and multi-family dwellings.
IX. ANALYSIS
Analysis of Facts Leading to Staff Recommendation:
A. Development Agreement Modification (MDA):
The applicant proposes to replace the existing Development Agreement (Inst. #108131100) with
a new agreement to accommodate the proposed residential development plan. The provisions of
the existing DA are included in Exhibit A.9.
The existing DA, recorded in 2008, is for a 400,000 square foot commercial development
consisting of professional offices, a hotel, big box retail store and smaller retail spaces distributed
among 21 separate buildings that was previously planned to develop on this site. Since many of
these provisions do not apply to the proposed residential development, the applicant wishes to
replace the agreement with a new DA based on the proposed development plan.
Staff has reviewed the provisions in the existing DA and is recommending the provisions that are
still applicable from this agreement are carried over into the new DA as follows: 1) requirement
for Corporate Drive to be extended across the Ten Mile Creek from the north to Waltman Lane
with the first phase of development; 2) improvement of Waltman Lane adjacent to the site as
required by ACHD; 3) extension of Ruddy Drive at the west boundary to Waltman Lane; 4)
protection and enhancement of any existing vegetation and trees along the Ten Mile Creek; 5)
construction of the street buffers along Waltman Lane and I-84 with the first phase of
development; and, 6) construction of a multi-use pathway along the Ten Mile Creek.
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Tanner Creek – MDA, CPAM, RZ, PP, CUP (H-2018-0023) PAGE 8
B. Comprehensive Plan Map Amendment (CPAM):
An amendment to the Future Land Use Map contained in the Comprehensive Plan is proposed to
change the land use designation on 39.25 acres of land from Commercial to Medium High
Density Residential (see Exhibit A.2).
The applicant’s narrative states that because the site is located between ¼ and ½ mile west of S.
Meridian Rd, a principal arterial street, on a local street (i.e. W. Waltman Ln.), commercial
development is not viable. Therefore, the applicant requests an amendment to the FLUM in order
to develop residential uses on the site.
There are two (2) parcels located at 737 and 755 W. Waltman Ln. in Ada County that are
included in the CPAM request that are not part of the proposed development plan. Staff requested
the applicant include these parcels as leaving the two properties with a Commercial designation
would not be compatible with existing abutting residential uses and future residential
development if the proposed CPAM is approved. The applicant sent letters to those property
owners (Geronimo Martinez – 737 W. Waltman Ln.; and Steven Cooper – 755 W. Waltman Ln.)
notifying them of the intent to include their properties in this application and included a request
for them to indicate their preference of maintaining the current Commercial designation or
agreement with the amendment to MHDR but received no response.
Approval of the requested FLUM amendment and proposed single-family detached, townhomes
and multi-family housing would provide a transition in uses and zoning between the single-family
(detached) residential subdivision zoned R-4 to the west and the Commercial designated property
zoned C-G to the east. Additionally, the Ten Mile Creek will provide a natural 100-foot wide
transition and buffer area along the east boundary of the site between the proposed residential and
future commercial development.
C. Rezone (RZ):
A rezone of 38.48 acres of land from the C-G to the R-15 (west 22.59 acres) and R-40 (east 15.89
acres) zoning districts is proposed consistent with the proposed CPAM designation of MHDR.
The legal description submitted with the application, included in Exhibit C, shows the boundaries
of the property proposed to be rezoned.
Site Plan: The applicant has submitted a site plan, included in Exhibit A.3, which depicts single-
family detached dwellings along the perimeter boundary of the single-family portion of the site
with townhomes internal to the development; and multi-family on the eastern portion of the site.
A large central common area is proposed within the single -family portion of the site. Amenities
for the multi-family development are separate from that of the single-family development.
Conceptual Building Elevations: Conceptual building elevations (photos and renderings) were
submitted that depict the general style of development proposed for the single-family detached,
townhomes, multi-family and clubhouse structures as shown in Exhibit A.7.
All structures, except single-family residential detached homes, are required to comply with the
design standards listed in UDC 11-3A-19 and in the Architectural Standards Manual. To ensure
compliance, a Design Review application is required to be submitted to the Planning Division and
approved prior to application for building permits.
Additionally, because the rear and/or side of structures on Lots 2-9 and 33-48, Block 3; and Lots
2, 7, 9 and 14, Block 10, that face W. Waltman Lane and I-84 are highly visible, these elevations
should incorporate articulation through changes in two or more of the following: modulation (e.g.
projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or
Meridian City Council Meeting Agenda September 11, 2018 – Page 64 of 222
Tanner Creek – MDA, CPAM, RZ, PP, CUP (H-2018-0023) PAGE 9
other integrated architectural elements to break up monotonous wall planes and roof lines that are
visible from the subject public street. Single-story structures are exempt from this requirement.
A Certificate of Zoning Compliance (CZC) application is required to be submitted and approved
for all new uses on the site, except for single-family residential detached homes to ensure the use
and site design is consistent with UDC standards. The Design Review application may be
submitted concurrently with the CZC application.
The City may require a development agreement (DA) in conjunction with a rezone pursuant to
Idaho Code section 67-6511A. To ensure the site develops as proposed and recommended by
staff with this application and in accord with the Comprehensive Plan, staff recommends a
DA is required with the rezone containing the provisions included in Exhibit B. Further,
staff recommends the existing DA is replaced with a new DA containing the aforementioned
provisions as discussed above in Section A.
D. Preliminary Plat (PP):
The applicant proposes a preliminary plat consisting of 141 building lots (consisting of 126
single-family and 15 multi-family lots) and 18 common area lots on 37.87 acres of land. A
phasing plan was also submitted that proposes 4 phases of development (see Exhibit A.4).
Existing Structures: There are few old outbuildings on this site that will need to be removed
prior to City Engineer signature on the final plat.
Dimensional Standards: The proposed plat and subsequent development is required to comply
with the dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district and 11-
2A-8 for the R-40 zoning district.
Staff has reviewed the proposed plat and finds that all of the proposed lots comply with the
minimum standards.
Access: Access to streets is required to comply with the standards listed in UDC 11-3A-3. Two
accesses are proposed for the site via W. Waltman Lane; one for the single-family portion and
one for the multi-family portion. An existing stub street (i.e. W. Ruddy Drive) at the west
boundary of the site is proposed to be extended to Waltman Lane with development.
A stub street is proposed to the out-parcel at the northwest corner of the site for future access; a
concept plan has been submitted, included in Exhibit A.8, that depicts how those two properties
could redevelop in the future.
Alleys: Alleys are required to be constructed in accord with the standards listed in UDC 11 -6C-
3B.5.
Common Driveways: Common driveways are required to be constructed in accord with UDC
11-6C-3D. An exhibit is required to be submitted with the final plat application that depicts
the setbacks, fencing, building envelope and orientation of the lots and structures;
driveways for lots that abut the common driveway but are not taking access from the
driveway should be depicted on the opposite side of the shared property line away from the
common driveway.
Private Streets: At the request of the Fire Dept. and Police Dept., minimum 26-foot wide private
streets should be provided in the multi-family portion of the development for addressing purposes
and shall be constructed in accord with the standards listed in UDC 11-3F.4. A private street
application is required to be submitted with the final plat application.
Traffic Impact Study (TIS): A TIS was prepared for this development by Thompson Engineers,
Inc. and submitted to ACHD for review with this application. The TIS notes that all study
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roadways and intersections are anticipated to operate at an acceptable level of service at build-out
of the development in 2022.
Street Improvements: Abutting the site, Waltman Lane is required to be improved as ½ of a 36-
foot wide collector street section, plus 12 feet of additional pavement for a total of 30 feet with
curb, gutter, sidewalk and a gravel shoulder. Improvements to Waltman Lane will require the
reconstruction of the existing bridge over the Ten Mile Creek which will be the responsibility of
ACHD; the Applicant will enter into a Cooperative Development Agreement with ACHD to
ensure the bridge is constructed when necessary and to allocate costs.
The applicant proposes as part of this application to enter into a Cooperative Development
Agreement with ACHD to construct the extension of Corporate Drive north of this site from its
current terminus north of Ten Mile Creek to Waltman Lane. This will take place as part of the
first phase of development (54 building lots) and will provide additional access to the site and the
area and provide for access while the Ten Mile Creek bridge on Waltman Lane is reconstructed.
Landscaping: Landscaping is required to be provided within the development in accord with the
standards listed in UDC 11-3B and 11-3G-3E.
Street buffers are required to be provided along all streets as set forth in UDC Table 11-2B-3 and
landscaped per the standards listed in UDC 11-3B-7C. A 20-foot wide street buffer is required
along W. Waltman Ln., anticipated to be reclassified from a local to a collector street; and a 50-
foot wide street buffer is required along I-84, an interstate. Staff recommends the entire street
buffer and sidewalk along W. Waltman Lane; and the entire street buffer, including the
berm and wall, along I-84 shall be constructed with the first phase of development.
Parking lot landscaping will be required within the multi-family portion of the site in accord with
the standards listed in UDC 11-3B-8C.
Pathway landscaping is required in accord with the standards listed in UDC 11-3B-12C. A
minimum 5-foot wide landscape strip is required along each side of the pathway along the
Ten Mile Creek.
Open Space & Site Amenities: Qualified open space and site amenities are required to be
provided in residential districts per the standards listed in UDC 11-3G-3. In addition to these
requirements, common open space and site amenities are required in the multi-family portion of
the development (see Section E below).
A minimum of 10% (or 3.79 acres) qualified open space and 2 site amenities are required for the
overall development based on the standards listed in UDC 11-3G-3A. A total of 6.87 acres of
open space and 8 site amenities are proposed in accord with this requirement. Site amenities for
the overall development consist of a clubhouse, swimming pool, 2 playground areas, park area,
pergola shade structure fire pit, a 10-foot wide multi-use pathway along the Ten Mile Creek and a
pedestrian bridge over the creek to connectivity to the east.
Parking: Parking is required to be provided in accord with the standards listed in UDC Table 11-
3C-6 for single-family dwellings.
Sidewalks: Sidewalks are required to be provided with development in accord with the standards
listed in UDC 11-3A-17. Because the street classification of W. Waltman Lane is changing
from a local to a collector street with this development, a minimum 5-foot wide detached
sidewalk is required to be constructed along Waltman.
Pathways: The Pathways Master Plan depicts a segment of the City’s multi-use pathway system
along the east boundary of this site adjacent to the Ten Mile Creek. The applicant proposes to
construct a 10-foot wide pathway in accord with the Plan. The pathway is required to be placed
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within a public use easement. Staff recommends the pathway is constructed in its entirety
with the 2nd phase of development.
The applicant should coordinate with Kim Warren, Park’s Department Pathways Project Manager
(208-888-3579), regarding specifications for the pathway and the public use easement; the
easement should be submitted to the Planning Division prior to signature on the final plat by the
City Engineer.
Waterways: The Ten Mile Creek runs along the east boundary and crosses the northeast corner
of this site. There are no other major waterways that cross this site. All ditches that cross this site
should be piped as set forth in UDC 11-3A-6 with the exception of the creek which is a natural
waterway and shall remain open and be protected during development.
Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-7. Fencing is
proposed as follows: a 4-foot tall Simtek granite wall along I-84; a 6-foot tall open vision
wrought iron fence adjacent to micro-paths and the pathway along the east boundary of the site;
and a 6-foot tall vinyl fence to separate single-family building lots from adjacent common areas
that are visible from a public street.
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.
The Applicant’s narrative states there is an existing 15 inch sewer main along the east half of the
Waltman Lane frontage and along the west top of bank of the Ten Mile Creek through the site.
The 8 inch sewer main connection will be in Waltman Lane and will service the entire site via
gravity sewer with adequate cover. An existing 12 inch water main is located in Waltman Lane
along the full frontage of the site. This development will connect in Waltman at two locations and
also to the existing 8” stub located in W. Ruddy Drive at the west boundary from The Landing
Subdivision.
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 Nampa
Meridian Irrigation district.
A regional pressure irrigation pump station with a Ten Mile Creek takeout is proposed to be
constructed to NMID standards at the northeast corner of the site near Waltman Lane.
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. The
Applicant proposes underground seepage beds and/or retention ponds in accord with ACHD
design criteria to be determined during the final plat and development plan process.
Noise Abatement: This site is located along the north boundary of Interstate 84. Noise
abatement is required to be provided for residential uses abutting Interstate 84 in accord with the
standards listed in UDC 11-3H-4D, which require a berm or a berm and wall combination to be
constructed parallel to the interstate a minimum of 10’ higher than the elevation at the centerline
of the interstate. A 9-foot tall berm and 4-foot all Simtek granite wall is proposed as noise
abatement along I-84 (see cross-section in Exhibit A.5 and wall detail in Exhibit A.6).
E. Conditional Use Permit (CUP):
A Conditional Use Permit is requested for a multi-family development consisting of 272 dwelling
units in 14 structures on 15.89 acres of land in the R-40 zoning district in accord with UDC Table
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11-2A-2. The units will be housed in a mix of 8-, 16- and 24-plex 2- and 3-story structures
ranging in size from 779 to 1,258 square feet. A mix of 1-bedroom (70), 2-bedroom (136) and 3-
bedroom (66) units are proposed.
Specific Use Standards: The specific use standards listed in UDC 11-4-3-27 for multi-family
developments apply to the proposed use as follows:
A minimum of 80 square feet (s.f.) of private useable open space is required to be provided
for each unit.
The site plan submitted with this application depicts a minimum of 80 s.f. of private usable
open space for each unit consisting of a patio or deck (see Exhibit A.3). The floor plans
submitted with the Certificate of Zoning Compliance application s hould clearly depict
compliance with this requirement.
Developments with 20 units or more shall provide a property management office, a
maintenance storage area, a central mailbox location with provisions for parcel mail that
provides safe pedestrian and/or vehicular access and a directory and 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 application should
include these items.
A minimum of 250 square feet of common area is required for each unit containing more
than 500 and up to 1,200 square feet; and a minimum of 350 square feet of common open
space is required for each unit containing more than 1,200 square feet of living area.
Two hundred and six (206) of the units are between 500 and 1,200 square feet (s.f.); and 66
of the units are over 1,200 s.f.; therefore, a minimum of 74,600 s.f. (or 1.71 of an acre) of
common open space is required consistent with the standards listed in UDC 11-4-3-27C. A
total of 162,734 s.f. (or 3.74 acres) is proposed in accord with this requirement. (Note: the
open space exhibit included in Exhibit A.6 does not include the 66 units that are over
1,200 s.f. – the exhibit should be revised prior to the Council meeting.)
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, swimming pool, pergola shade structure, fire pit, a
segment of the City’s multi-use pathway system along the Ten Mile Creek and a bridge over
the Ten Mile Creek providing pedestrian access to the east as amenities for the multi-family
development. These amenities fall within the quality of life and recreation categories;
another amenity should be provided that falls within the open space category or widen
the existing central common area to a minimum of 50 feet to comply with the minimum
dimensions of 50’ x 100’ in size.
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 plants.
The landscape plan submitted with the Certificate of Zoning Compliance application
should demonstrate compliance with this requirement.
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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 comply with this requirement and submit a recorded copy of the
agreement to the Planning Division prior to issuance of Certificate of Occupancy.
A minimum building setback of 10 feet is required unless a greater setback is otherwise
required per UDC 11-4-3-27B.1.
The preliminary plat should be revised to include building footprints to ensure
compliance with setback requirements. Note: A minimum of 20 feet separation between
buildings is required per Building Code unless a reduction is approved through the
Building Department.
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.
Parking: Parking is required to be provided in accord with the standards listed in UDC Table 11-
3C-6 for multi-family dwellings.
Based on (70) 1-bedroom units, (136), 2-bedroom units, and (66) 3-bedroom units, a minimum of
509 spaces are required with 272 of those being in a covered carport or garage. A total of 537
spaces are proposed with 272 of those being carport spaces in accord with UDC standards; a total
of 28 spaces are provided above the minimum requirements.
Management & Maintenance: Because the multi-family development is proposed to be
subdivided (2 structures to each lot), staff is concerned that the overall property may not be
consistently managed and maintained. Therefore, staff recommends a provision is added to
the DA that requires the entire development to be managed and maintained by the same
company.
Elevations: Conceptual building elevations were submitted that depict the general style of
development proposed for the multi-family and clubhouse structures as shown in Exhibit A.7.
Compliance with the design standards listed in UDC 11-3A-19 and in the Architectural Standards
Manual is required for these structures.
Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC and DES
application is required to be submitted and approved prior to submittal of a building permit
application for any buildings within the multi-family development.
Staff recommends approval of the subject applications based on the Analysis above in Sections
VII and IX, per the Findings in Exhibit D.
X. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
2. Existing & Proposed Future Land Use Map
3. Site Plan (dated: 3/2/2018)
4. Preliminary Plat & Phasing Plan (dated: 4/18/2018)
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5. Landscape Plan (dated: 3/30/2018)
6. Open Space Exhibit & Site Amenity Details
7. Conceptual Building Elevations (Photos & Renderings)
8. Conceptual Development Plan for Property at Northwest Corner of Site
9. Existing Development Agreement Provisions
B. Agency and Department Comments and Conditions
C. Legal Description & Exhibit Map for Rezone Boundary
D. Required Findings from Unified Development Code
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A. Drawings/Other
Exhibit A.1: Vicinity/Zoning Map
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Exhibit A.2: Existing & Proposed Future Land Use Map
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Exhibit A.3: Site Plan (dated: March 2, 2018)
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Exhibit A.4: Preliminary Plat (dated: 4/18/18)
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Exhibit A.5: Landscape Plan (dated: 3/30/2018)
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Exhibit A.6: Open Space Exhibit & Site Amenity Details – REVISED (dated: 7/19/18)
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Exhibit A.7: Conceptual Building Elevations (Photos & Renderings)
Single-Family Detached Units:
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4-Plex, 5-Plex and 6-Plex Style:
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Apartments (8 units – Building Type 3) (dated: February 8, 2018):
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Apartments (16 Units - Building Type 1) (dated: February 8, 2018):
Apartments (24 Units - Building Type 2) (dated: February 8, 2018):
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Clubhouse (dated: February 5, 2018):
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Exhibit A.8: Conceptual Development Plan for Property at Northwest Corner of Site
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Exhibit A.9: Existing Development Agreement Provisions
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City’s Zoning
Ordinance codified at Meridian Unified Development Code § 11-2B which are herein specified as
follows:
40 building lots and 2 common lots on 38.21 acres in the proposed C-G zoning district. The
pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ 06-063
application.
4.2 No change in the uses specified in this Agreement shall be allowed without modification of this
Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following special conditions:
1. A phasing plan shall be submitted with phase 1 of the development.
2. The existing agricultural use (grazing of cattle) on the property will be allowed to continue after
annexation into the City, until phase 1 of the development occurs. A maximum of 25 cows and 2
horses will be allowed to exist on the site at any time.
3. The applicant shall improve Waltman Lane adjacent to the site and off-site to the end of the split
corridor improvements, per the half street sections attached in Exhibit A.6 of the staff report,
prior to occupancy of any structure within the site.
4. All future uses shall not involve uses, activities, 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.
5. All future development of the subject property shall comply with City of Meridian ordinances in
effect at the time of development.
6. The applicant shall be responsible for all costs associated with sewer and water service
installation.
7. No building permits shall be issued or construction traffic allowed (except for infrastructure
improvements such as sewer, water, & roads) on this site until:
a. The construction related to the split corridor Waltman Lane/Meridian Road/Main Street
intersection has commenced and the applicant has installed a gate with paved access to
Ruddy for use by the Waltman residents. Such gate shall be installed prior to beginning any
other construction on the site and shall be removed by the applicant prior to dedication and
ACHD acceptances of the street connection to Ruddy Drive. This temporary secondary
access shall be useable to Waltman residents at all times during the construction of the
subject property. OR
b. Corporate Drive is extended across the Ten Mile Creek and is connected to Waltman Lane.
8. Development on this site shall not exceed a site trip generation of 8,000 ADT from the site prior
to the extension of Corporate Drive from the north bank of the Ten Mile Creek at its current stub,
south to Waltman Lane. Approval shall be obtained from ACHD prior to Certificate of Zoning
compliance application submittal for future structures to verify compliance with the allowed
ADT. A Certificate of Zoning compliance application(s) will not be approved for any structure(s)
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on the site that exceeds the total allowed ADT for the site until Corporate Drive is extended.
9. Ruddy Drive shall be extended as a public street into this site and up to Waltman Lane, as shown
on the concept plan(s).
10. At no time shall construction traffic associated with the development of this site be allowed to
access this site using Ruddy Drive or any other street within The Landing Subdivision.
11. Provide a pedestrian network within the parking areas that will help to guide pedestrians through
the parking areas safely. This network shall include pedestrian only pathways and sidewalks that
connect the distant parking areas to the buildings. A pedestrian plan shall be included with the
master concept plan for this development; submit with the first CZC application on this site.
12. All buildings in the development shall be subject to the administrative design review standards
listed in the UDC and future design guidelines pertaining to architectural character, color &
materials, and parking lots. In addition to the aforementioned standards, the lots directly adjacent
to Waltman Lane shall also comply with design standards pertaining to pedestrian walkways.
Architectural design elements on the structures shall continue all the way around the structures,
similar to the example provided by the applicant at Target included as Exhibit A.7 of the staff
report.
13. All buildings on the site shall be generally consistent with the conceptual office and retail
elevations submitted with this application unless the Development Agreement is modified by the
developer once actual users are identified.
14. All buildings shall contain architectural elements and landscaping features that break up any long
façade or wall, as determined by the Planning Director, that face the freeway, a main drive aisle, a
parking area, or a residential district. These architectural elements shall include at least two
changes in materials or colors, and some modulation in the façade, including but not limited to,
windows, columns, cornices, extrusions, or other architectural enhancements.
15. Any outdoor uses and/or activity areas (including restaurant seating) adjacent to residential uses
along the west and northwest boundaries shall require conditional use permit approval (unless the
adjacent uses are changed into non-residential uses).
16. Prohibited uses along the western and northwestern property boundaries are as follows: drinking
establishments, drive-thru establishments, fuel sale facilities, fuel sales facilities/truck stops, and
vehicle washing facilities.
17. Except for a potential hotel site at the southwest corner, all structures proposed on the site over
100,000 square feet that are within 100 feet of a residential district or use shall obtain conditional
use permit approval.
18. Standard hours of operation for businesses along the west and northwest property boundaries
adjacent to residential uses are limited to the hours between 8 am and 11 pm (unless the adjacent
uses are changed into non-residential uses) with the exception of a hotel use, which shall be
allowed to operate 24 hours.
19. For concept plan #1, all structures along the west and northwest property boundaries adjacent to
existing residences shall be limited in height to two stories and shall have a minimum setback of
25 feet adjacent to the existing residences (unless the adjacent uses are changed into non -
residential uses), with the exception of the proposed hotel. If a hotel is built at the southwest
corner of the site as depicted on the concept plan, a 25-foot setback shall be required for the first
story, a 100-foot setback shall be required for the 2nd story, and a 200-foot setback shall be
required for anything greater than 2 stories, adjacent to existing residences. Structures along the
west and northwest property boundaries directly adjacent to residences shall position second story
(and higher, in the case of a hotel) windows in such a manner as not to have views directly into
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neighboring residential properties. For concept plan #2, appropriate setbacks will be determined
at the public hearing for the preliminary plat and conditions will be placed on the plat
accordingly; No Development Agreement modification shall be necessary.
20. For concept plan #1, no rear loading areas, delivery areas, trash areas, or obtrusive lighting shall
be permitted adjacent to existing residences on the west and northwest property boundaries.
Further, all trash enclosures shall be constructed of concrete or masonry materials.
21. A minimum of 10 buildings shall be required on this site.
22. Development of this site shall be generally consistent with either one of the two conceptual site
plans approved with this application, as determined by the Planning Director, unless the
Development Agreement is modified by the developer once actual users are identified. If the
applicant proceeds with concept plan #2, a new preliminary plat application will be required.
23. Prior to issuance of the first occupancy, a 10-foot wide multi-use pathway shall be constructed at
the northeast corner of the site as depicted on concept plan #1 and as approved by the Parks
Department, on the east side of the Ten Mile Drain in alignment with the existing pathway on the
north side of Waltman Lane, in accordance with the standards listed in UDC 11-3B-8 and 11-3B-
12, and the Master Pathways Plan.
24. The vegetation and trees that currently exist along the banks of the Ten Mile Creek shall be
protected or enhanced as part of this development. The applicant shall work with the Parks and
Recreation Department regarding the removal or replacement of any trees on this site.
25. Construct a 50-foot wide landscape buffer along the interstate. This buffer shall be designed in
accordance with UDC 11-3B-7 and be placed along the entire southern boundary of the subject
site, prior to the occupancy of the first building in this development.
26. Construct a 20-foot wide landscape street buffer along Waltman Lane (a collector street) east of
the Corporate/Waltman intersection. A 10-foot wide buffer shall be constructed along Waltman
Lane (a local street) west of the Corporate/Waltman intersection. These buffers shall be designed
in accordance with the standards listed in UDC 11-3B-7 and constructed prior to the occupancy
of the first building in this development.
27. Construct a 25-foot wide landscape buffer and a 6-foot tall masonry wall between residential uses
and properties zoned C-G as depicted in Exhibit A.8 of the staff report. This buffer shall be
designed and constructed in accordance with UDC 11-3B-9 and be placed adjacent to any
existing residential uses which would include The Landing Subdivision and the two residential
parcels located adjacent to the northwest corner of the subject property (if these properties are
still functioning as residential uses and have not converted to commercial by the time building
permits are applied for), prior to occupancy of the adjacent building.
28. If the applicant chooses to develop consistent with concept plan #1, relocate Waltman Lane
further to the south, vacate the existing right-of-way, and install a 25-foot wide landscape buffer
on the north side of Waltman (off-site) adjacent to the Haddock property, as depicted on concept
plan #1 and Exhibit A.9 of the staff report. If the applicant chooses to develop consistent with
concept plan #2, appropriate buffers shall be determined at the public hearing for the preliminary
plat and the plat shall be conditioned accordingly.
29. If the applicant chooses to develop consistent with concept plan #1, construct two driveways as
proposed on concept plan #1, on the south side of Waltman Lane, no wider than 36-feet each. No
driveway accesses to Waltman are approved west of the Waltman/Corporate intersection. If the
applicant chooses to develop consistent with concept plan #2, appropriate driveway locations
shall be determined at the public hearing for the preliminary plat.
30. If the applicant chooses to develop consistent with concept plan #1, construct a maximum of 5
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access points to Corporate Drive as shown on concept plan #1, unless the Development
Agreement is modified by the developer once actual users are identified. If the applicant chooses
to develop consistent with concept plan #2, appropriate access points shall be determined at the
public hearing for the preliminary plat.
31. The applicant shall comply with all landscaping standards described in the UDC, including but
not limited to UDC 11-3B-8 which outlines the standards for parking lot landscaping.
32. The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit and
design review approval from the Planning Department prior to all new construction on the subject
property.
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B. EXHIBIT B - AGENCY AND DEPARTMENT COMMENTS AND CONDITIONS
1. PLANNING DEPARTMENT
1.1 A Development Agreement (DA) is required as a provision of rezone of this property. Prior to the rezone
ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the
time of rezone ordinance adoption, and the developer(s). A final plat application will not be accepted
until the DA is executed.
The DA(s) shall be signed by the property owner(s) and returned to the Planning Division within six (6)
months of the City Council granting the rezone. Currently, a fee of $303.00 shall be paid by the applicant
to the Planning Division prior to commencement of the DA. The DA shall, at minimum, incorporate the
following provisions:
a. Future development of this site shall substantially comply with the conceptual development plan and
building elevations included in Exhibit A and the conditions included in Exhibit B of the staff report.
b. Future development shall comply with the design standards listed in UDC 11-3A-19 and the City of
Meridian Architectural Standards Manual. Note: Single-family detached units are not subject to
Design Review.
c. The rear and/or side of structures on Lots 2-9 and 33-48, Block 3; and Lots 2, 7, 9 and 14, Block 10,
that face W. Waltman Lane and I-84 shall incorporate articulation through changes in two or more of
the following: modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches,
balconies, material types, or other integrated architectural elements to break up monotonous wall
planes and roof lines that are visible from the subject public street. Single-story structures are exempt
from this requirement.
d. Noise abatement shall be provided for residential uses abutting Interstate 84 in accord with the
standards listed in UDC 11-3H-4D. Note: The top of the berm and wall in combination shall be a
minimum of ten feet (10') higher than the elevation at the centerline of the state highway; the cross-section
in Exhibit A.5 does not accurately reflect the elevation of the centerline of the state highway in relation to
the elevation of the site.
e. Qualified open space and site amenities shall be provided within the development in accord with the
standards listed in UDC 11-3G-3 for residential developments as proposed with this application.
f. Prior to issuance of any building permits on the subject property, the property shall be subdivided.
g. The vegetation and trees that currently exist along the banks of the Ten Mile Creek shall be protected
or enhanced as part of this development. The applicant shall work with Elroy Huff, City Arborist,
regarding the removal or replacement of any trees on this site.
h. The Applicant shall extend Corporate Drive north of this site from its current terminus north of Ten
Mile Creek to Waltman Lane with the first phase of development (54 building lots). This will provide
for access to the proposed development and general vicinity while the bridge over the Ten Mile Creek
on Waltman Lane is reconstructed.
i. Improvements to Waltman Lane adjacent to the site as required by ACHD, including the bridge
crossing over the Ten Mile Creek, shall be completed after Corporate Drive is extended from the
north to Waltman Lane in accord with ACHD requirements.
j. The entire street buffer and sidewalk along W. Waltman Lane; and the entire street buffer, including
the berm and wall along I-84, shall be constructed with the first phase of development. The entire
street buffer along I-84 shall be constructed with the third phase of development.
k. The entire segment of the 10-foot wide multi-use pathway along the Ten Mile Creek and the
pedestrian bridge shall be constructed with the second phase of development.
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l. The multi-family development in its entirety shall be managed and maintained by the same company
to ensure consistency.
m. Future homes on Lots 33-48, Block 3 adjacent to I-84 are restricted to a single-story in height as
proposed by the applicant.
1.2 Site Specific Conditions – Preliminary Plat
1.2.1 The preliminary plat included in Exhibit A.4, dated 4/18/2018, is approved as submitted.
1.2.2 The landscape plan included in Exhibit A.5, dated 3/30/2018, shall be revised as follows:
a. Depict a minimum 5-foot wide detached sidewalk along W. Waltman Lane.
b. Depict landscaping along all pathways as set forth in UDC 11-3B-12C.
1.2.3 The entire street buffer and sidewalk along W. Waltman Lane; and the entire street buffer, including the
berm and wall, along I-84 shall be constructed with the first phase of development prior to issuance of
any Certificates of Occupancy. The entire street buffer along I-84 shall be constructed with the third
phase of development.
1.2.4 Alleys are required to be constructed in accord with the standards listed in UDC 11-6C-3B.5.
1.2.5 An exhibit is required to be submitted with final plat applications that contain common driveways that
depicts the setbacks, fencing, building envelope and orientation of the lots and structures; driveways for
lots that abut the common driveway but are not taking access from the driveway should be depicted on the
opposite side of the shared property line away from the common driveway as set forth in UDC 11-6C-
3D.7.
1.2.6 A perpetual ingress/egress easement shall be filed with the Ada County Recorder for common driveways,
which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles
and equipment in accord with UDC 11-6C-3D.8. A copy of the recorded easement shall be submitted to
the Planning Division.
1.3 General Conditions of Approval – Preliminary Plat
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.
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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 applicable, as set forth in UDC 11-3A-19 and the
design standards listed in the Architectural 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.
1.4 Ongoing Conditions of Approval – Preliminary Plat
1.4.1 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.
1.5 Process Conditions of Approval – Preliminary Plat
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 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 applications for the
townhome and multi-family structures.
1.6 Site Specific Conditions of Approval – Conditional Use Permit
1.6.1 The Applicant shall comply with the specific use standards listed in UDC 11-4-3-27 for multi-family
developments. Plans submitted with the Certificate of Zoning Compliance application shall demonstrate
compliance with these standards.
1.6.2 The site plan included in Exhibit A.3, dated 3/2/2018, shall be revised as follows:
a. Depict a minimum of 80 square feet (s.f.) of private useable open space (i.e. patio or balcony) for
each unit in accord with UDC 11-4-3-27B.3.
b. 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 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.
c. Depict all on-site service areas, outdoor storage areas, waste storage, disposal facilities, and
transformer and utility vaults on the site plan in areas not visible from a public street, or fully
screened from view from a public street.
d. The central common area (i.e. open grassy area) shall either be widened to a minimum of 50 feet to
comply with the minimum size requirements of 50’ x 100’ for open space amenities; or, another
amenity from the Open Space category shall be provided as set forth in UDC 11-4-3-27D.
1.6.3 The landscape plan included in Exhibit A.5, dated March 30, 2018 shall be revised as follows:
a. Depict landscaping along the foundations of all street facing elevations in accord with the standards
listed in UDC 11-4-3-27-F as follows: the landscaped area shall be at least 3-feet wide and have an
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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 plants.
b. Landscaping is required along pathways in accord with the standards listed in UDC 11-3B-12C. A
minimum 5-foot wide landscape strip is required along each side of the pathway along the Ten Mile
Creek.
1.6.4 The multi-family 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.
1.6.5 A minimum building setback of 10 feet is required unless a greater setback is otherwise required per UDC
11-4-3-27B.1.
1.6.6 A minimum of 20 feet separation between buildings is required per Building Code unless a reduction is
approved through the Building Department.
1.6.7 Private streets are required in the multi-family portion of the development for addressing purposes and
shall be constructed in accord with the standards listed in UDC 11-3F.4. A private street application
shall be submitted with the final plat application.
2. PUBLIC WORKS DEPARTMENT
2.1 Site Specific Conditions of Approval
2.1.1 Applicant shall be required to construct a minimum 14-foot wide gravel access road over the existing
sanitary sewer trunkline adjacent to Ten Mile Creek. This access can be co-located with
sidewalk/pathways, as long as the design incorporates the minimum considerations of the wastewater
maintenance equipment.
2.1.2 A street light plan will need to be included in the final plat and/or building permit application. 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 General Conditions of Approval
2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and
execute standard forms of easements for any mains that are required to provide service outside of a public
right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is
less than three feet than alternate materials shall be used in conformance of City of Meridian Public
Works Departments Standard Specifications.
2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and
through this development. Applicant may be eligible for a reimbursement agreement for infrastructure
enhancement per MCC 8-6-5.
2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way
(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,
or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside
the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted
on the plat for reference purposes. Submit an executed easement (on the form available from Public
Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must
include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and
distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a
Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All
easements must be submitted, reviewed, and approved prior to development plan approval.
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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.
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
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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 887-2211.
3. POLICE DEPARTMENT
3.1 Provide private streets within the multi-family portion of the development for addressing purposes.
4. FIRE DEPARTMENT
4.1 Any newly installed Fire Department connections for sprinkler or standpipes will require
locking Fire Department plugs.
4.2 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.
4.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in
accordance with International Fire Code Section (IFC) 508.5.4 as follows:
a. Fire hydrants shall have 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.
g. Show all proposed or existing hydrants for all new construction or additions
to existing buildings within 1,000 feet of the project.
4.4 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. Cul-
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D-Sacs shall be 96’ in diameter minimum and shall be signed “No Parking – Fire Lane”
per International Fire Code Sections 503.3 & D103.6.
4.5 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.
4.6 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with
International Fire Code Sections 503.3 & D103.6.
4.7 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation
as set forth in International Fire Code Section 304.1.2.
4.8 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.
4.9 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 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).
4.10 The roadways shall be built to Ada County Highway District cross section standards and
have a clear driving surface. Streets less than 26’ in width shall have no on-street
parking; streets less than 32’ in width shall have parking only on one side. These
measurements shall be based on the drivable surface dimension exclusive of shoulders.
The overhead clearance shall be a minimum of 13’ 6”. The roadway shall be able to
accommodate an imposed load of 80,000 GVW as set forth in International Fire Code
Section 503.2.1 and D103.6.1 and D103.6.2.
4.11 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.
4.12 Provide a Fire Department Key box entry system for the complex prior to occupancy
as set forth in International Fire Code Section 506.
4.13 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.
4.14 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.
4.15 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.
4.16 Where a portion of the facility or building hereafter constructed or moved into or within
the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access
road, as measured by an approved route around the exterior of the facility or building, on-
site fire hydrants and mains shall be provided where required by the code official as
set forth in International Fire Code Section 507.5.1. For buildings equipped throughout
with an approved automatic sprinkler system installed in accordance with Section
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903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183
m).
b. For buildings equipped throughout with an approved automatic sprinkler system
installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall
be 600 feet (183 m).
4.17 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.
4.18 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.
4.19 The Fire Department will require Fire Department locking Connection caps on all FDC inlets. IFC
102.9.
4.20 Buildings over 30’ in height are required to have access roads in accordance with the
International Fire Code Appendix D Section D105.
4.21 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 IFC 503.4.1.
4.22 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.
4.23 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 handicap parking stalls may be included to assist meeting this requirement. Contact the
Meridian Fire Department for details.
4.24 Over 100 apartment units without an approved sprinkler system or 200 apartment units with an
approved sprinkler system will require a secondary access per International Fire Code Section
D104.3.
4.25 Secondary emergency access routes shall be protected from illegal entry by a gate or
collapsible bollards as set forth in IFC 503.5. An example would be the MaxiForce
Collapsible bollards that is wrench activated or an approved equal.
4.26 The driveways in the multi -family portion of the development shall be private streets
and shall be constructed in accord with the standards listed in UDC 11 -3F-4 with a
minimum width of 26 feet.
4.27 All public streets shall be a minimum of 33 -feet wide.
5. PARKS DEPARTMENT
5.1 The project developer shall design and construct a multi-use pathway consistent with the specifications
set forth in the Meridian Pathways Master Plan (Chapter 3). Proposed location of pathway on west side of
the Ten Mile Drain is acceptable to the Pathways Project Manager. Project Developer shall also provide a
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pedestrian bridge crossing of the Ten Mile Drain to connect with proposed future pathways to the east.
5.2 Prior to final approval, the applicant shall submit a public access easement for a multi-use pathway on the
west side of the Ten Mile Drain to the Planning Division for Council approval and subsequent
recordation. The easement shall be a minimum of 14’ wide (10’ pathway + 2’ shoulder each side). Use
standard City template for public access easement. Easement checklist must accompany all easement
submittals.
5.3 Construct multi-use pathway per typical paving section(s) shown in the Meridian Pathways Master Plan
Chapter 3.
5.4 The owner (or representative association) of the property affected by the public access easement shall
have an ongoing obligation to maintain the multi-use pathway.
5.5 Six-foot tall open vision fencing shall be installed between pathways and (live) water irrigation canals and
laterals as detailed in the Meridian Pathways Master Plan, Chapter 3, page 3-5. All other fence details per
UDC 11-3A-7.
5.6 Should any discrepancy exist between these conditions and the requirements of the Nampa Meridian
Irrigation District, the developer shall work with Pathways Project Manager to achieve a pathway design
that meets both City and irrigation district objectives.
6. NAMPA MERIDIAN IRRIGATION DISTRICT
7. CENTRAL DISTRICT HEALTH DEPARTMENT
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8. WEST ADA SCHOOL DISTRICT
9. ADA COUNTY HIGHWAY DISTRICT (ACHD)
9.1 Site Specific Conditions of Approval (Preliminary Plat)
9.1.1 Prior to plan approval and ACHD signature on the first final plat enter into a Cooperate Development
Agreement with ACHD for the construction of the Corporate Drive extension, which will also include the
construction of a new bridge over the Ten Mile Creek. Construct Corporate Drive north of the bridge as a
40-foot wide commercial street section with vertical curb, gutter, and 5-foot wide attached concrete
sidewalks. The crossing of Ten Mile Creek will require a 58-foot wide bridge with 2-foot parapets.
South of the bridge construct Corporate Drive with a minimum of 30-feet of pavement and 3-foot wide
gravel shoulders.
The Cooperative Development Agreement shall include the roadway and bridge design and construction,
as well as allocation of costs (70% ACHD and 30% the applicant).
9.1.2 In order to ensure that Corporate Drive will be extended, the following items must be in place prior plans
acceptance for the first final plat.
Cooperative Development Agreement;
Financial surety provided by the applicant meeting the terms of the Cooperative
Development Agreement;
Full design and approved plans for the roadway and bridge.
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9.1.3 Abutting the site, improve Waltman Lane as ½ of a 36-foot wide collector street section, plus 12-feet of
additional pavement (to total 30-feet) with vertical curb, gutter, and a 5-foot wide (or 7-foot wide
attached) detached concrete sidewalk with a 3-foot wide gravel shoulder and a borrow ditch sized to
accommodate the roadway storm runoff constructed on the north side of the roadway.
9.1.4 If detached sidewalks are constructed, then the right-of-way may extend to 2-feet behind the back of curb
and the sidewalks can be placed in a permanent right-of-way easement.
9.1.5 Construct center left turn lanes on Waltman Lane at the apartment driveway located approximately 430-
feet east of Corporate Drive and at Kearney Avenue.
9.1.6 Reconstruct of the existing Ten Mile Creek bridge crossing on Waltman Lane as a full 36-foot street
section with vertical curb and 5-foot wide attached concrete sidewalks. This will require a 54-foot wide
bridge with 2-foot parapets.
9.1.7 To ensure the existing Ten Mile Creek bridge crossing on Waltman Lane is improved when necessary and
to allocate costs, the applicant shall enter into a Cooperative Development Agreement with ACHD.
9.1.8 The Cooperative Development Agreement should include bridge design and construction, as well as
allocation of costs (76% ACHD and 24% the applicant).
9.1.9 In order to ensure that the Waltman Lane bridge is constructed, the following items must be in place prior
plans acceptance for the final plat necessitating the improvements.
Cooperative Development Agreement;
Financial surety provided by the applicant meeting the terms of the Cooperative
Development Agreement;
Full design and approved plans for the bridge.
9.1.10 Install “NO PARKING” signs on Waltman Lane abutting the site.
9.1.11 Extend 1 stub street into the site, Ruddy Drive, with two 21-foot wide travel lanes, a 10-foot wide center
landscape island, vertical curb, gutter, within 50-feet of right-of-way, and a 5-foot wide attached concrete
sidewalks.
9.1.12 Construct 1 local street, Kearney Avenue, to intersect Waltman Lane, 330-feet west of Corporate Drive.
9.1.13 Construct the entry portion of Kearney Avenue with two 21-foot wide travel lanes, a 10-foot wide center
landscape island, vertical curb, gutter, and a portion of an 8-foot wide planter strip within 60-feet of right-
of-way with a 5-foot wide detached concrete sidewalks.
9.1.14 Provide a permanent right-of-way easement for detached sidewalks located outside of the dedicated right-
of-way.
9.1.15 Plat all of the center landscape islands as right-of-way owned by ACHD. The applicant or the home
owners association shall apply for a license agreement if landscaping is desired within the islands.
9.1.16 Construct all other internal local streets as 33-foot street sections with rolled curb, gutter, and 5-foot wide
attached concrete sidewalks within 47-feet of right-of-way.
9.1.17 Construct an off-set cul-de-sac turnaround with a minimum radius of 45-feet at the terminus of SW 7th
Street.
9.1.18 Construct three 20-foot alleys within the site, located as follows:
One east/west alley to run between Kearney Avenue and Malayan Avenue.
One north/south alley to run between Jacksnipe Drive and Backwoods Drive.
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One alley to run north from Jacksnipe Drive and curve to the east to intersect Malayan Avenue.
9.1.19 All alleys with horizontal curves shall be designed using the AASHTO equation 3-38. HSO= R (1 –
cos(28.65*S/R)) using S = 80.
9.1.20 Construct one 24-foot wide full access driveway onto Waltman Lane located approximately 430-feet east
of Corporate Drive.
9.1.21 Construct one 28-foot wide driveway onto Malayan Avenue located 300-feet south of Eider Drive. Sign
this driveway for “NO PARKING”.
9.1.22 Construct 1 stub street to the north, 7th Avenue, located 130-feet east of the west property line. Install a
sign at the terminus of the stub street stating that, “THIS ROAD WILL BE EXTENDED IN THE
FUTURE.”
9.1.23 Provide a road trust deposit in the amount of $18,000 to pay for future traffic calming on local streets
within The Landing Subdivision provided when Ruddy Drive is extended into the site.
9.1.24 Other than access specifically approved with this application direct lot access to Waltman Lane is
prohibited and shall be noted on the final plat.
9.1.25 Payment of impact fees is due prior to issuance of a building permit.
9.1.26 Comply with all Standard Conditions of Approval.
9.2 Standard Conditions of Approval
9.2.1 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).
9.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD
right-of-way.
9.2.3 In accordance with District policy, 7203.3, the applicant may be required to updat e 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.
9.2.4 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.
9.2.5 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.
9.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by
the developer.
9.2.7 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.
9.2.8 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.
9.2.9 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
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specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all
improvement plans.
9.2.10 Construction, use and property development shall be in conformance with all applicable requirements of
ACHD prior to District approval for occupancy.
9.2.11 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.
9.2.12 If the site plan or use should change in the future, ACHD Pl anning 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.
10. IDAHO TRANSPORTATION DEPARTMENT (ITD)
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11. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO (COMPASS)
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Exhibit C: Legal Description & Exhibit Map for Rezone Boundary
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D. Required Findings from Unified Development Code
1. COMPREHENSIVE PLAN AMENDMENT:
Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the
public hearing, review the application. In order to grant an amendment to the Comprehensive Plan, the
Council shall make the following findings:
a. The proposed amendment is consistent with the other elements of the Comprehensive Plan.
The City Council finds that the proposed map amendment from Commercial to Medium-High
Density Residential is not consistent with other elements of the Comprehensive Plan as discussed at
the public hearing.
b. The proposed amendment provides an improved guide to future growth and development of
the city.
The City Council finds that the proposal to modify the Future Land Use Map to allow for mix of
residential uses does not provide an improved guide to future growth and development of the city for
the reasons discussed at the public hearing.
c. The proposed amendment is internally consistent with the Goals, Objectives and Policies of the
Comprehensive Plan.
The City Council finds that the proposed amendment is not consistent with certain Goals,
Objectives, and Policies of the Comprehensive Plan as discussed at the public hearing.
d. The proposed amendment is consistent with the Unified Development Code.
The City Council finds that the proposed amendment is consistent with the Unified Development
Code.
e. The amendment will be compatible with existing and planned surrounding land uses.
The City Council finds the proposed amendment is not compatible with adjacent existing residential
uses based on comments provided at the public hearing from neighbors.
f. The proposed amendment will not burden existing and planned service capabilities.
The City Council finds that the proposed amendment will not burden existing and planned service
capabilities in this portion of the city as the City has planned to provide services to this property.
g. The proposed map amendment (as applicable) provides a logical juxtaposition of uses that
allows sufficient area to mitigate any anticipated impact associated with the development of
the area.
The City Council finds the proposed map amendment does not provide a logical juxtaposition of
uses.
h. The proposed amendment is in the best interest of the City of Meridian.
For the reasons stated during the public hearing, the City Council finds that the proposed amendment
is not in the best interest of the City.
2. REZONE:
A. The Council did not consider the Rezone because the Comprehensive Plan Map Amendment
was not approved.
Upon recommendation from the Commission, the Council shall make a full investigation and shall,
at the public hearing, review the application. In order to grant a rezone, the Council shall make the
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following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive Plan;
The Commission finds that the proposed map amendment to the R-15 and R-40 zoning districts is
consistent with the proposed MHDR FLUM designation proposed for this site and should be
compatible with existing and future uses in the area. Therefore, the Commission finds the
amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII
above for more information).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The Commission finds that the proposed map amendment to the R-15 and R-40 zoning districts is
consistent with the purpose statements of the residential districts as detailed in Section VIII above.
c. The map amendment shall not be materially detrimental to the public health, safety, and
welfare;
The Commission finds that the proposed zoning amendment will not be detrimental to the public
health, safety, or welfare if the site is developed in accord with the conditions of approval in Exhibit
B. City utilities will be extended at the expense of the applicant. The Commission recommends that
the Council consider any oral or written testimony that may be provided when determining this
finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services by any
political subdivision providing public services within the City including, but not limited to,
school districts; and,
The Commission finds that the proposed zoning amendment will not result in any adverse impact
upon the delivery of services by any political subdivision providing services to this site.
e. The annexation is in the best of interest of the City (UDC 11-5B-3.E).
The Commission finds the proposed rezone of this property is in the best interest of the City if the
applicant develops the site in accord with the conditions listed in Exhibit B.
3. PRELIMINARY PLAT:
A. The Council did not consider the Preliminary Plat because the Comprehensive Plan Map
Amendment was not approved.
In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-
making body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan;
The Commission finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan in regard to land use if Council approves the requested FLUM amendment to
MHDR; if the applicant complies with the conditions included in this report, the proposed plat should
be consistent with the transportation and circulation goals. Please see Comprehensive Plan Policies
and Goals, Section VII, of the Staff Report for more information.
b. Public services are available or can be made available and are adequate to accommodate the
proposed development;
The Commission 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
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capital improvement program;
Because City water and sewer and any other utilities will be provided by the developer at their own
cost, the Commission finds that the subdivision will not require the expenditure of capital
improvement funds.
d. There is public financial capability of supporting services for the proposed development;
The Commission recommends the Council rely 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
The Commission is not aware of any health, safety, or environmental problems associated with the
platting of this property that should be brought to the Council’s attention. ACHD and ITD consider
road safety issues in their analyses. The Commission recommends that the Council consider any
public testimony that may be presented when determining whether or not the proposed subdivision
may cause health, safety or environmental problems of which the Commission is unaware.
f. The development preserves significant natural, scenic or historic features.
The Commission is not aware of any significant natural, scenic or historic features on this site that
need to be preserved.
4. CONDITIONAL USE PERMIT (UDC 11-5B-6E)
A. The Council did not consider the Conditional Use Permit because the Comprehensive Plan Map
Amendment was not approved.
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 Commission finds that the subject property is large enough to accommodate the proposed use and
the dimensional & development regulations of the R-15 and R-40 districts (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 Commission finds that the proposed use is consistent and harmonious with the UDC and
Comprehensive Plan Future Land Use Map designation of MHDR 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 Commission finds that if the applicant complies with the conditions outlined in this report, the
proposed use should be compatible with other existing and future uses in the general area 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 Commission 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.
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e. That the proposed use will be served adequately by essential public facilities and services such
as highways, streets, schools, parks, police and fire protection, drainage structures, refuse
disposal, water, and sewer.
The Commission finds that sanitary sewer, domestic water, refuse disposal, and irrigation are
currently available to the subject property. The Commission 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
Commission 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.
g. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The Commission finds 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 Commission finds that there should not be any health, safety or environmental problems
associated with the proposed use. Further, the Commission finds that the proposed use will not result
in the destruction, loss or damage of any natural, scenic or historic feature of major importance.
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