Z - Mile High Pines Development Agreement H-2020-0099 (2021-046525) CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: | City ofMeridian
2 Baron Ten Mile LI-[, Owner/Developer
THIS DEVELOPMENT /\GK£BNENT (this AgreencmU_ is made and entered into
this_23ocL day o[ ` 2021, by and between City of Mcridian, o municipal
corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue.
Meridian. Idaho 8]642and Baron l[cn Mile |LLC, aColorado |ioniicd liability unnnpauy, v/hoac
address is |40| |7,»Street, Ste.700, Deriver.C()80202`hereinafter called()VVN[K/DEY[i()P[K.
\ RECITALS:
/.| WHEREAS, 0v/oer is the smic owner, in law and/or equity, of that certain
tract of land in the County of Ada, State of Idaho, described in Exhibit "A".
vvbicb is attached hereto and by this reference incorporated herein as i[yct
forth in full, herein after referred toaathe Property; and
|.Z WHEREAS, Idaho Code 667-65| |/\provides that cities may,bYordinance.
require or permit as a condition of zoning that the Owner/Developer make a
written connnui{nneut concerning the use or development of the subject �
| Property. and �
| 13 WHEREAS, City has exercised its statutory authority by the enucirncn1 of
Section 11-58-3 of the Unified Development Code ("^[JDC-), which
authorizes development agreements upon the annexation and/or re-zoning of
land, and �
�
1.4 WHEREAS,Owner/Developer has submitted an application fhcuanncaptinn
� of 17.46 acres of land with a request for [,-C (CoMoounhw Businesn)(6.02
acres)and K-|5 (Mcdiuno High Kcyidcn1ia|Kl |.44 acres)Zonino Districts on
the property listed in Exhibit -/\-, attached hereto. under the Unified
� DeYc|upnucn| Code, vvh\oh generally describes how the Property will he
developed and v/hmiiznpn`vemocntuwill bc made; and
1.5 WHEREAS. Owner/Developer rnade representations at the public hearings
! before Plonnln2 and Zoning Commission and the Meridian City Council,nsbo
how the property will be developed and what improvements will be rnade;and
Item#12.
1.6 WHEREAS, the record of the proceedings for the rezone, short plat,
conditional use permit,and development agreement modification held before
Planning and Zoning Commission and the City Council,includes responses of
government subdivisions providing services within the City of Meridian
planning jurisdiction, and includes further testimony and comment; and
1.7 WHEREAS,on the 23rd"day of February,2021,the Meridian City Council
approved certain Revised Findings of Fact and Conclusions of Law and
Decision and Order ("Findings"), which have been incorporated into this
Agreement and attached as Exhibit"B"; and
1.8 WHEREAS, the Findings require the Owner/Developer to enter into a
Development Agreement before the City Council takes final action on final
plat; and
1.9 WHEREAS,Owner/Developer deems it to be in its best interest to be able to
enter into this Agreement and acknowledges that this Agreement was entered
into voluntarily and at its urging and request; and
1.10 WHEREAS,City requires the Owner/Developer to enter into a development
agreement for the purpose of ensuring that the Property is developed and the
subsequent use of the Property is in accordance with the terms and conditions
of this Agreement,herein being established as a result of evidence received by
the City in the proceedings for zoning designation from government
subdivisions providing services within the planning jurisdiction and from
affected property owners and to ensure zoning designation are in accordance
with the amended Comprehensive Plan of the City of Meridian on December
19, 2019, Resolution No. 19-2179, and the UDC, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words,terms,and
phrases herein contained in this section shall be defined and interpreted as herein provided for,unless
the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this Agreement,
which is a municipal Corporation and government subdivision of the state of
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Broadway Avenue, Meridian, Idaho 83642.
DEVELOPMENT AGREEMENT—MILE HIGH PINES(H-2020-0099) PAGE 2 OF 8
Page 233
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3.2 OWNER/DEVELOPER: means and refers to Baron Ten Mile LLC,whose
address is 1401 171h Street, Ste. 700, Denver, CO 80202, hereinafter called
OWNER/DEVELOPER,the party that owns and is developing said Property
and shall include any subsequent owner(s)/developer(s) of the Property.
3.3 PROPERTY: means and refers to that certain parcel(s)of Property located
in the County of Ada,City of Meridian and described in Exhibit"A",attached
hereto and by this reference incorporated herein as if set forth at length,which
land is subject to this Development Agreement.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right
to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
a. Future development of this site shall be generally consistent with the approved plat,
site plan, landscape plan, open space exhibit,and conceptual building elevations for
included in Section VII and the provisions contained in the Staff Report attached to
the Findings of Fact and Conclusions of Law attached hereto as exhibit"B".
b. The 10-foot multi-use pathway along the south boundary shall be constructed with
Phase 1 of the development.
c. The existing accesses onto N.Ten Mile Road shall be closed upon development of the
subject site except for the access located approximately 580 feet south of the Pine/Ten
Mile intersection—this southern access is the only approved access to N. Ten Mile
Road.
d. With the first phase of development, the applicant shall construct a dedicated
southbound right-turn lane for one approved access to N. Ten Mile, as outlined by
ACHD and the Traffic Impact Study; dedicate additional right-of-way for this
requirement as needed.
e. All pedestrian crossings within the site shall be constructed as raised crossings;
crossings and the main pedestrian paths shall be constructed with brick pavers,
stamped concrete, or equal.
f. With the first phase of development,the applicant shall construct and/or dedicate the
required right-of-way for the extension of Pine Avenue and the Pine/Ten Mile
intersection in accord with ACHD requirements and in line with the Dedication and
DEVELOPMENT AGREEMENT—MILE HIGH PINES(H-2020-0099) PAGE 3 OF 8
Page 234
Item#12.
Development Agreement"as seen in Exhibit VIII.L ofthe Staff Report that is attached
to the Findings of Fact and Conclusions of Law attached hereto as Exhibit"B".
g. The required landscape street buffers shall be constructed and vegetated along the
entire perimeter (along N. Ten Mile and Pine Avenue) with the first phase of
development.
h. An entry feature is allowed and desired to create a sense of place for the development
but no gates are allowed except for the emergency only access along the western
boundary, labeled as N. Side Creek Lane on the submitted plans.
i. Future Commercial elevations shall be generally consistent with the submitted concept
elevations in size, form, scale, and roof lines; at a minimum, future commercial
buildings on this site shall have at least one(1)field material and color that matches
the residential portion of the site.
6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6)
months after the date of the Findings for the annexation and zoning or it is null and void.
7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default. Either party's failure to faithfully comply with all of the
terms and conditions included in this Agreement shall constitute default under
this Agreement.
7.2 Notice and Cure Period. In the event of Owner/Developer's default of this
Agreement, Owner/Developer shall have thirty (30) days from receipt of
written notice from City to initiate commencement of action to correct the
breach and cure the default, which action must be prosecuted with diligence
and completed within one hundred eighty(180)days;provided,however,that
in the case of any such default that cannot with diligence be cured within such
one hundred eighty (180) day period, then the time allowed to cure such
failure may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owner/Developer that is not cured after
notice as described in Section 7.2,Owner/Developer shall be deemed to have
consented to modification of this Agreement and de-annexation and reversal
of the zoning designations described herein, solely against the offending
portion of Property and upon City's compliance with all applicable laws,
ordinances and rules, including any applicable provisions of Idaho Code §§
67-6509 and 67-651 1. Owner/Developer reserves all rights to contest whether
a default has occurred. This Agreement shall be enforceable in the Fourth
Judicial District Court in Ada County by either City or Owner/Developer,or
by any successor or successors in title or by the assigns of the parties hereto.
Enforcement may be sought by an appropriate action at law or in equity to
DEVELOPMENT AGREEMENT—MILE-HIGH PINES(H-2020-0099) PAGE 4 OF 8
Page 235
Item#12.
secure the specific performance of the covenants,agreements,conditions,and
obligations contained herein.
7.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owner/Developer or City is delayed for causes that are
beyond the reasonable control of the party responsible for such performance,
which shall include, without limitation, acts of civil disobedience, strikes or
similar causes,the time for such performance shall be extended by the amount
of time of such delay.
7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or
more of the covenants or conditions hereof shall apply solely to the default and
defaults waived and shall neither bar any other rights or remedies of City nor
apply to any subsequent default of any such or other covenants and conditions.
8. INSPECTION: Owner/Developer shall, immediately upon completion of any
portion or the entirety of said development of the Property as required by this Agreement or by City
ordinance or policy,notify the City Engineer and request the City Engineer's inspections and written
approval of such completed improvements or portion thereof in accordance with the terms and
conditions of this Agreement and all other ordinances of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the
third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by
the City Council. If for any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City
shall execute and record an appropriate instrument of release of this Agreement.
10. ZONING: City shall,following recordation of the duly approved Agreement,enact a
valid and binding ordinance zoning the Property as specified herein.
H. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit,cash deposits,certified check or negotiable bonds,as allowed under the
UDC, to insure the installation of required improvements, which the Owner/Developer agree to
provide, if required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued
in any phase in which the improvements have not been installed,completed,and accepted by the City,
or sufficient surety of performance is provided by Owner/Developer to the City in accordance with
Paragraph 1 I above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by
all ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall
be deemed delivered if and when personally delivered or three (3)days after deposit in the United
DEVELOPMENT AGREEMENT—MILE HIGH PINES(H-2020-0099) PAGE 5 OF 8
Page 236
Item#12.
States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as
follows:
CITY: with copy to:
City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E. Broadway Avenue
Meridian, Idaho 83642 Meridian, Idaho 83642
OWNER/DEVELOPER: with copy to:
Baron Ten Mile LLC Deborah Nelson
1401 17t" Street, Ste. 700 Givens Pursley
Denver, CO 80202 601 W. Bannock Street
Boise, ID 83702
deng ivenspursley.com
14.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may
be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time
is strictly of the essence with respect to each and every term,condition and provision hereof,and that
the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be binding
on Owner/Developer, each subsequent owner and any other person acquiring an interest in the
Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions
thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor
owner or owners shall be both benefited and bound by the conditions and restrictions herein
expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and
recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had
determined that Owner/Developer has fully performed their obligations under this Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement
and the invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party
shall act reasonably in giving any consent,approval,or taking any other action under this Agreement.
DEVELOPMENT AGREEMENT—MILE HIG}i PINES(H-2020-0099) PAGE 6 OF 8
Page 237
Item#12.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements,condition and understandings between Owner/Developer and City relative to the subject
matter hereof, and there are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between Owner/Developer and City, other than as are stated herein.
Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this
Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or
their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted
ordinance or resolution of City.
21.1 No condition governing the uses and/or conditions governing re-zoning ofthe subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT:This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City
Clerk.
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
DEVELOPMENT AGREEMENT—MILE HIGII PINES(H-2020-0099) PAGE 7 OF 8
Page 238
Item#12.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER/DEVELOPER:
Baron Ten Mile LLC
By: Ma S
Its: MA-o'as e.,•
CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Simison 3-23-2021 Chris Johnson, City Clerk 3-23-2021
STATE OF COLOrpdD )
: ss:
County of bLyI,d -�'e )
?,02-(
On this 1 fp day of Aamt '' l 1026,before me,the undersigned,a Notary Public in and for said State,
personally appeared R-*AqS known or identified tome to be the VtataAer of Baron Ten
Mile LLC,and the person who signed abo a d acknowledged to me that he executed the same o ehalf of said limited
liability company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
(SEAL) MELISSA JOY
NOTARY PUBLIC Notary Public for 6-04
STATE OF COL
ORADO
#dO
NOTARY ID 20194031189 Residing at: 140 t t-rWL $t Ae',% r CO V0--4j
MY COMMISSION EXPIRES ALIRMT 15.2023 ' My Commission Expires: Aug 14ICT ' aaZL 3
STATE OF IDAHO )
ss
County of Ada )
On this 23rd day of March 2021 before me,a Notary Public, personally appeared Robert E.
Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,ofthe City of Meridian,
who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me
that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
Notary Public for Idaho
Residing at: Meridian, Idaho
Commission expires: 3-28-2022
DEVELOPMENT AGREEMENT—MILE HIGH PINES(H-2020-0099) PAGE 8 OF 8
Page 239
ltem#92. EXHIBIT A
A. Annexation and Zoning Legal Descriptions and Exhibit Maps f Revised
Legal Description
Modern Craftsman at Ten Mile Subdivision-Annexation
An annexation parcel located in the NE'/.ofthe SE'/4 of Section 10,Township 3 North,Range 1
West, Boise Meridian, City of Meridian,Ada County, Idaho, and more particularly described as
follows:
BEGINNING at a Brass Cap monument marking the northeast corner of said NE%of the SE A,
from which a Brass Cap monument marking the southeast corner of the SE'/4 of said Section 10
bears S 0`51'58"W a distance of 2646.23 feet;
Thence along the easterly boundary of said SE %4 S 0°51'58"W a distance of 899.42 feet to a
point on the northerly right-of-way of the Oregon Short Line Railroad:
Thence N 8W29'39"W along said northerly right-of-way a distance of 528.42 feet to a 518 inch
diameter rebar;
Thence N 42°27'06"W a distance of 659.08 feet to a 518 inch diameter rebar;
Thence N 6°32'24" E a distance of 415.20 feet to a 516 inch diameter rebar on the northerly
boundary of said NE'/a of the SE%;
Thence S 89'11'05"E along said northerly boundary a distance of 939.50 feet to the POINT OF
BEGINNING.
This parcel contains 17.46 acres and is subject to any easements existing or in use.
at,a«roa
Clinton W.Hansen, PLS r 196?
Land Solutions,PC
October 2,2020
Q 11118
tiTo� w.H �
Pine Avg and Ten Mile Rd Property
!1£ t lIflfJ775 Jot;No 19-19
�,Y.- W.a sinq',�ans cunauthp
Mile High Pines - H-2020-0099
Page 240
Item#12.
ANNEXATION EXHIBIT
MODERN CRAFTSMAN AT TEN MILE SUBDIVISION
LOCATED IN THE NE 1/4 OF THE SE 1/4 OF SECTION 10,"f,W,R.1 W., B,M,
CITY OF MERIDIAN,ADA COUNTY, IDAHO
S39.11'05-E 1/4 W. PINE ST.
939.50' a —
POINT OF
BEGINNING
N
N
3
Z
TOTAL ANNEXATION AREA
17.46 ACRES -f/—
', tV
1-6
`S
a0 M
N
v
V
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o 1a�3
2) � m
sir N d
I
i
I
,48829'39"P! 528.42'
OREGON SHORT LINE RR
Gk 7�R W. FRAWLIN RD.
q 15 1.
1210
LArn'id) oblutions
Q` $p 16p' 32O' {�TOA!OF O' Land Surveying and Consulting
?j7"c STti SIT.STE A
�'2"u'12k8.2394 (�3!253-:SS.•:mc
Page 241
EXHIBIT B
Item#12.
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW ER IDIAI :'�'
AND DECISION& ORDER
In the Matter of the Request for Annexation and Zoning of 17.46 acres of land with a request for
the C-C and R-15 zoning districts; Preliminary Plat consisting of 5 building lots and 1 common lot
on 15.95 acres of land in the proposed zoning districts; and Conditional Use Permit for 135
residential units on 11.44 acres in the proposed R-15 zoning district,by Baron Black Cat,LLC.
Case No(s). H-2020-0099
For the City Council Hearing Date of: February 9,2021 (Findings on February 23,2021)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of February 9,2021, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of February 9, 2021,incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of February 9,
2021, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of February 9, 2021,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 as
Title 11 Meridian City Code, and all current zoning maps thereof.The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17, 2019, Resolution No. 19-2179 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s)received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision,which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the
Community Development Department,the Public Works Department and any affected party
requesting notice.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(PROJECT NAME—FILE#) - I - Page 242
Item#12.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of February 9,2021,incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § i 1-SA 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 Annexation and Zoning,Preliminary Plat,and Conditional Use
Permit are hereby approved per the conditions of approval in the Staff Report for the hearing
date of February 9,2021,attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat,combined preliminary and final plat,or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two(2)years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat(UDC 11-613-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two(2)years,may be considered for
final approval without resubmission for preliminary plat approval(UDC 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up
to two(2)years as determined and approved by the City Council may be granted. With all
extensions,the Director or City Council may require the preliminary plat,combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension,the property shall be required to go through the platting procedure again(UDC 11-
6B-7C).
Notice of Conditional Use Permit Duration
Please take notice that the conditional use permit,when granted, shall be valid for a maximum
period of two(2)years unless otherwise approved by the City. During this time,the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting,the final plat must be signed by the City
Engineer within this two(2)year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the
use not to exceed one(1)two(2)year period. Additional time extensions up to two(2)years as
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(PROJECT NAME—FILE#) -2- Page 243
Item#12.
determined and approved by the City Council may be granted. With all extensions,the Director
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title 11(UDC 11-5B-6F).
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-651IA. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved,said development agreement shall be signed by the
property owner(s)and returned to the city within six(6)months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six (6)month approval
period.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521,any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight(28)days after the date of this decision and order
seek a judicial review as provided by Chapter 52,Title 67,Idaho Code.
F. Attached: Staff Report for the hearing date of February 9,2021
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(PROJECT NAME—FILE#) -3- Page 244
Item#8.
By action of the City Council at its regular meeting held on the 23rd day of February
2021.
COUNCIL PRESIDENT TREG BERNT VOTED
COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER JOE BORTON VOTED
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison 2-23-2021
Attest:
Chris Johnson 2-23-2021
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 2-23-2021
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(PROJECT NAME—FILE#) -4- Page 122
Item#12.
Exhibit A
STAFF REPORT (::>WEI
II3IAIT:---
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 2/9/2021 Legend
DATE: k "
:El Project Location fir{ •
TO: Mayor&City Council _
FROM: Joe Dodson,Associate Planner __
208-884-5513 t_
SUBJECT. H-2020-0099
Mile High Pines
LOCATION: The site is located in the southwest .
corner of N. Ten Mile Rd. and W. Pine T.
Ave.,in the NE '/4 of the SE '/a of Section " --
iK
10,Township 3N., Range I W.
L_---- --
I. PROJECT DESCRIPTION
■ Annexation of 17.46 acres of land with a request for C-C (6:94 6.02 acres) and R-15
(11.442 acres) zoning districts;
• Preliminary Plat consisting of35 building lots and I common lot on 15.95 acres of land
in the proposed C-C and R-15 zoning districts;
• Conditional Use Permit for a multi-family development consisting of a total of 135
residential units on 11-42 acres in the proposed R-15 zoning district,by Baron Black Cat,
LLC.
Note. The Applicant is also applying for private streets and administrative design review. These
applications are reviewed and approved by the Director; Commission action is not required.
Analysis of the building and private street design are provided below in section V
H. SUMMARY OF REPORT
A. Project Summary
Description Details Pa re
Acreage 17.46(R-15— 11,42 acres;C-C—6.04 acres)
Future Land Use Designation Mixed Use Community
Existing Land Use(s) County residential and farm land
Proposed Land Use(s) Multi-Family Residential and Commercial
Lots(#and type;hldg.lcommon) 4 total lots— I multi-family residential;2 commercial;and
I common lot.
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Description Details I'ag,e
Phasing Plan(#of phases) Proposed as one phasc
Number of Residential Units(type 135 for rent units(detached single-family style cottages,
of units) townhome style units,and vertically integrated
development with all units on a single lot).
Density(gross&net) Gross- 8.2 dulac.: Net- 10.58 dulac.
Open Space{acres,total 3.62 acres of qualified open space overall (approximately
[%]Ibufferlqualified) 22%)-2.47 acres for I 1-3G requirements(approximately
15%), 1.15 acres(49,929 square feet)proposed for 1 1-4-3-
27(Multi-Family)standards.
1.22 acres of private open space is proposed(.53,028
square feet;approximately 393 square feet per unit)to
meet specific use standards.
Amenities 8 qua]ifving amenities- 10' multi-use pathway,pool,
clubhouse,picnic areas,tot-lot,fitness facilities,enclosed
bike storage,and a pedestrianlbicycle circulation system.
Physical Feattres(waterways, ]VIA
hazards,flood plain,hillside)
Neighborhood meeting date;#of September 16.2020-2 attendees;
attendees:
History(previous approvals) NIA
B. Community Metrics
Description Details Page
Ada County Highway District
• Staff report(yes/no) Yes
• Requires ACHE Commission No
Action(yes/no)
Access(AtteriailCollectors/State Access is proposed via one private street connection each to
Hwy/Local)(Existing and W. Pine Avenue(future collector)and N.Ten Mile Road
Proposed) (arterial). Pine will be extended by this Applicant and the
adjacent Applicant on the north side of Pine from the
intersection of Pine&Ten Mite west to the Tenmile Creek.
Traffic Level of Service Ten Mile [toad-Better than"E"(1.474/1.540 VPH)
Pine Avenue(existing section only)-Better than"D"
(182/425 VPH)
Stub Street.1nterconncctivitylCross Applicant is proposing private streets throughout the
Access development with one stub street connection proposed to the
west property lint in the northwest corner of the site to offer
a frontage road from the proposed development to the west to
the commercial on this site.No other vehicle connections are
proposed as the subject site other than an emergency only
access near the southwest edge of the site.
Existing Road Network No(Ten Mile Road abutting the site is only existing road)
Existing Arterial Sidewalks There is no existing buffer to Ten Mile Road(the abutting
Buffers arterial street)but there is existing attached sidewalk along
the property's entire frontage on Ten Mile Road.The
required landscape buffer will be installed with this project.
Proposed Road Improvements The Applicant,in conjunction with the Applicant of the
property to the north, is proposing to extend Pine Avenue
west from the intersection of Pine:and Ten Mile to the Ten
Mile Creek.This Applicant is only responsible for the
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Item#12.
Description Details Page
construction of Pinc that this property abuts(approxi Male IV
885 feet).
Distance to nearest City Park(* 0.9 miles to Fuller Park(21.9 acres in size)by car;
size) approximately 0.5 miles to Fuller Park via existing and
fanned pathway and sidewalk connections.
Fire Service
• Distance to Fire Station 1.2 miles from Fire Station 92
■ Fire Response Time This project lies within the Meridian Fire response time goal
of 5 minutes.
• Resource Reliability Fin Station#2 reliability is 86%.
■ Risk Identification Risk Factor 2—residential with hazards(multi-family anti
railroad tracks)
■ Accessibility Proposed project meets all required access,road widths,and
turnarounds; Fire has signed off on Private Street layout.
Addressing for project is very important for emergency
responses;Applicant shall work with City Addressing Agent
and the Fire Official to have lighted maps wherever
necessary.
Police Service
■ Distance to Station Approximately 4 miles from Meridian Police Department
• Response Time Approximately 4-minute response time to an emergency,
• Call Data Between 1 U]/2019- 10/31/2020,the Meridian Police
Department responded to 1.244 calls for service within a mile
of the proposed development.The crime count on the calls
for service was 112. See attached documents.for details.
Between 1 1/112019- 10/31/2020,the Meridian Police
Department responded to 32 crashes within a mile of the
proposed development. See attached documents for details.
• Additional Concerns None
West Ada School District
• Distance(elem,ms,hs) No comments have been received from West Ada School
District
• Capacity of Schools
• #of Students Enrolled
Wastewater
■ Distance to Sewer Services NA
• Sewer Shed South Black Cat Trunkshed
Estirnatcd Prnicct Sewer Sec application
ERU's
. WRRF Declining Balance 14.05
• Project Consistent with WW Yes
Master Plan/Facility Plan
■ Impacts/Concerns • Additional 1,332 gpd of flow is committed
• Provide to-and-through to 3515 W. Pine Ave and 3513 W
Pinc Ave.
• Light poles cannot be located inside utility casement.
• In multiple areas it looks like the sewer and storm drain
lines are too close together. Please provide 4 ft separation
between center of storm drain and scwcr.This enables
re airlre lacemcnt of manholes and sewer lines in the future.
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Item#12.
Descri tion Details page
Water
. Distance to Services 0'
. Pressure Zone 2
* Estimated Project Water See application
ERU's
■ Water Quality Concerns None
■ Project Consistent with Water Yes
Master Plan
■ Impacts/Concerns •See the attached water markup for more dctail
•The water main in Pine Ave needs to he extended cast and
tied into the existing 12"near Ten Mile.Also,the water main
in Pine Ave needs to be extended west to the west property
boundary.This will fulfill the to-and-through requirement.
•The water main in W. Little Lang:needs to be extended to
the west property line.
■ Install water main in N. Side Creek Lane and stub at the
property line to provide a Future connection to the west
parcel.
• End the water main in N. Rangeview Lane tat the southeast
corner of development)in a fire hydrant
•There is an existing water main stub off of Ten Mile at the
southeast corner of the development that either needs to be
used or abandoned
COMPASS—Communities in
Motion 2040 2.0 Review
Housing wlin l mile 3.710
Jobs w/in I mile 1,350
• Ratio 0.4(ratio between 1-1.5 is considered healthy ratio)indicates
an employment need.
Nearest Bus Stop 0.8 miles
Nearest Public School 0.6 miles
Nearest Public Park 0.8 miles
Nearest Grocery Store 0.5 miles
Recommendations See agency comment section for link to Full file. Section
VIII.F
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Item#12.
C. Project Area Maps
Future Land Use Map .Aerial Map
Legend 0
Legend
Project Location Office Project Location
C
_ Medium
Density
r r
{= Residentiall
MU-C
J!W;
Med-HighDensity
High A.
Residential Commercial DensityOki �u
Residential ram°
Zoning Map .Planned De►•elnpment Map
Legend C-G L• (1 Legend
C-N L-v ■
Project Location � Project Location
R-4
R-$ y j City Limits
Planned Parcels
T.
R-15 L-D R-8 T�IIir' .•,
R-$
�
RUT i. :T
R
R-i5 -$
C-C R 15
x�f_..._L �k
R1 C-C !
R-T5 RUT
R-15 C•N 14
! f
RUT L-o C-C r'
R-8 R-40 RUT C=G TN-C R=40 C-C - �
III. APPLICANT INFORMATION
A. Applicant:
Same as Representative
B. Owner:
Baran Ten Mile LLC— 1401 1 Th Street, Ste. 700, Denver,CO 80202
C. Representative:
Kent Brown Planning—3161 E. Springwood Drive,Meridian,I❑ 83642
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Item#12.
IV. NOTICING
Planning& Zoning City Council
J Posting Date Posting Date
Newspaper Notification I 1/27/2020 1/22/2021
Radius notification mailed to
properties within 500 feet 1 1/23/2020 1/20/2021
Site Posting 12/7/2020 1/18/2021
Nextdoor posting 11/23/2020 1/19/2021
V. STAFF ANALYSIS
A. Future Land Use Map Designation(htt s:Ilwvf w.rner-idiancitt,.or ICorrl late)
Mixed.Use Community—The purpose of this designation is to allocate areas where conununity-
serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to
integrate a variety of uses,including residential,and to avoid mainly single-use and strip
commercial type buildings. Non-residential buildings in these areas have a tendency to be Iarger
than in Mixed Use Neighborhood (MU-N) areas,but not as large as in Mixed Use Regional (MU-
R) areas. Goods and services in these areas tend to be of the variety that people will mainly travel
by car to,but also walk or bike to(up to three or four miles). Employment opportunities for those
living in and around the neighborhood are encouraged.
The subject site has existing City of Meridian zoning and development to the east and north oj'the
property. Its directly borders to its north and east are or will be streets and the southern
boundat),abuts the railroad easement for the historic Oregon Short Line RR. Directls,to the west
of this project is another project that is currently under review by CiA,slq)7.',Icross Tern Mile
Road is existing commercial zoning and rises as well as a Church use;.south of the railroad
tracks is a 15-acre se f-storage facility.
The proposed land use of multi Ji roily residential(in the,form oj'detached cottages, townhomes,
and vertically integrated)and commercial are consistent with the land use ltpes noted in the
Future Land Use Map (FL UM)designation definitions and preferred uses. The proposed product
type is by definition multi fannifv(more than 2 omits on a single building lot) but the Applicant has
designed the units to erntrlate.siragle-jarmily attached and detached structures that share
pedestrian pathways and open space rather than public streets (this is the sister-project to the
Modern Craftsman at Black Cat development). The proposed an it types also provide more private
open space than traditional multi family development,furthering its feel of'single family
residential- In addition, certain densities are required to be inet,for residential projects within the
MU-Cfuture land use designation. The proposed project as shown is approximately 8 dulac,
meeting the 6-15 dtrlac requirement(see communitt,metrics above). Therefore, Stajf;finrds the
density proposed with the annexation and plat is consistent with the Future Land Use Map
designation oj'Mixed--Use Communitt,(MU-Q.
Mixed-use designations also require at least three(3) ttpes of land uses. When analvzing projects
within the MU-Cjitture land use designation, the approved andlor developed land uses nearby
must he considered. Therefore, Staff has taken into account adjacent land uses that can be
traveled between with relative ease. The closest development to this propery is a commercial
development containing a gas station, a bank, and other office uses. East of this commercial node
are detached single family horses and north of it are some attached single-fanaily homes. 411 of
these uses and developments are also part oj'the MU--C designation abutting and encompassing
this site which add to the diversity of uses available within this designated mixed-use area.
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Item#12.
The su6_ject development ojfers 6 acres of'comntercial zoning according to the proposed rezone
exhibit. However, the proposed C Cyoning does not truly reflect the commercial area as it does
not reflect the plat boundary. Staffeannot support dual zo►ting on a property and so the Applicant
should revise the rezone exhibit andlor plat boundary to have only the R-15 zoning district on the
area of'the site containing residential and remove commercial.Toning that goes beyond the
proposed commercial lots. With revisions requested by Sta}'within this report, the Applicant will
have to make adjustments to the rezone boundan,as well; all of'these changes should occur prior
to the City Council hearing to ensure transparency on the true amount of commercial zoning
being proposed.
Regardless of the zoning issues discussed, the proposed commercial areas should accommodate
multiple future uses, including the two Vertically Integrated Residential buildings that contain
additional leasable commercial area. The commercial acreage of this property,is proposed as
two commercial lots;one in the ve►y northeast corner of the site containing one building and one
more lot that contains the remaining area and buildings, as seen on the submitted prelimina►v
plat. The submitted plat shows two gf'the three commercial buildings as containing drive-thrus
which Staff'does not support. Stajf'strppo►•ts the use o}'a singular drive-thru establishment located
at the hard corner of the commercial. Despite this opinion, Staff is not willing to specif ealli,limit
the number of drive-thru establishments with this application because each drive-thrat will
require a conditional use permit to implement this use. Therefore, Staff is gfthe opinion that
through our existing process is the hest route to determine whether ante drive-th►u is warranted
on this site.
Staft'notes that the Applicant has taken experiences from the process of obtaining approval of
their project that is of the same type of design here in Meridian bt,incorporating pedestrian
connections between shared open spaces and outdoor plazas between the residential and
commercial portions oj'the site. The incorporation of'these elements provide a clear answer to a
mixed-use goal: ".Mixed use areas should be centered around spaces that are well-designed
public and quasi-public centers of activity. Spaces should be activated and incorporate
permanent design elements and amenities that foster a wide variety o f interests ranging from
leisure to plr{f7. These areas should be thoughff dlv integrated into the development and f urther
place-making opportunities considered."Stafffinds that with the pedestrian connections and
easy access to integrated plazas, the Applicant is meeting this goal.
The City may require a development agreement(DA) in conjunction with an annexation pursuant
to Idaho Code section 67-651 1 A. In order to ensure the site develops as proposed with this
application. Staff recommends a DA as a provision ofannexation with the provisions included in
Section VIA 1. The DA is required to be signed by the property owner(s)ldeveloper and returned
to the City,-within 6 months of the Council granting the annexation_for approval by City Council
and subsequent recordation. A,final plat will not be accepted until the DA is e_recuted and the AZ
ordinance is approved Ilv City Council.
B. Comprehensive Plan Policies [https:11www.►neridiancitv.orglcompplan};
The applicable Comprehensive Plan policies are cited below with Staff analysis in italics.
"Avoid the concentration of any one housing type or lot size in any geographical area;provide for
diverse housing types throughout the City"(2.01.01G).Mile High Pines (the sister project to
Modern Craftsman at Black Cott) is offering a unique type of'development within the City of
Meridian by proposing si►tgle-farnily attached and detached homes within a►nulti family setting.
A vast majority of'the housing that exists around this development are traditional detached
single family homes. The Applicant hopes to add an additional housing type in this area that will
delineate a unique living opportunity in the City and add to the housing diversity available.
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Item#12.
"Require all new development to create a site design compatible with surrounding uses through
buffering, screening, transitional densities, and other best site design practices"(3.07.01 A). The
proposed site design incorporates mews,private streets, common open space, and dr/,jerent
housing designs within the same parcel. The area directly adjacent to subject site is undeveloped
land but is requesting approval for a mix of housing types to include traditional tnulti family and
detached single-family at a lower densio,than this project. Despite being in a rrlixed--wise
designation, the Applicant has chosen to propose a development that is tirade tip of mostly single-
story structures instead of 3 or 4 story apartments. The Applicant did this in order to be more
compatible with other nearbv residential development and create a sense of place by not having
►multi-story buildings throughout the site.
In regards to site design, the Applicant is proposing two-story townhontes along the southwestern
boundar-v and on part of the eastern boundary along Ten Mile with the rest of the.site being a
major i.y of single-stor-��structures. The only other two-story structures proposed are those
vertically integrated structures located closer to the proposed commercial zone. Mth the
majority of the hvo-stop,structures and the commercial being along the periphery of the
development, the single-story structures and largest open space areas will be buffered bi,these
structures and landscape buffers. In addition, the townhornes along the western bounrlao,will
abut a cul-de-sac and only a few of the larger lots proposed with the adjacent subdivision to the
west. These aspects of the site design and buffering are notwithstanding the pedestrian and
bicVc'le pathways that line the entire edge oj'ihe proposed project, offering additional recreation
opportunities and more bu&ringji•orn adjacent subdivisions and the adjacent roadways.
The Applicant is ondv proposing one access to Ten Mile Road that will be a restricted, right-
inlr•ight-out only access forsafety reasons. The only other direct access proposed is to the
proposed extension of Pine Avenue near the northeast corner-of the site-this access has been
approved by ACHD as a full access because it aligns with an access proposed by the application
to the west and north crf'this project. Reducing access points to arterial streets is a major goal
within the City,'s Comprehensive Plan and helps f rnnel tr•g ffic in appropriate manners.
Staff believes placing the commercial along Tern Mile offers an appropriate buffer between the
busy arterial roadwa y and the.single-story structures that make up the center of the development.
Hon�ever, Stafj'does not agree that placing tow nhomes along Ten Mile is the best site design
practice. Instead,placing the vertically integrated.structures along Ten Mile, in place of the two
toiti rrharne units, may of a better transition. The Applicant could then r•e-orient the townhomes
along Pine rather than the single-family style cottages as currently proposer, offering a better
buffer and transition from Pine Avenue and future development to the north. The townhomes
slang Pine'would front oil the large green space proposed here and have the garages jacing
towards the inside of the site, eliminating the need jor parking stalls on side of the northern mast
east-west street and helping to alleviate some of the utility issues presented h-v Public Works and
discussed in more depth below.
"Establish and maintain levels of service for public facilities and services, including water,sewer,
police,transportation, schools, fire, and parks"(3.02.01G),All public utilities are available jor
this project site due to the existing arterial network abutting the site to the east,per Public Works
comments. This project also lies within the Fire Department response time goal. Ten Mile Load is
currently built at its final width abutting the site(5 lane arterial) and is within one(1) mile of
Interstate 84.
West Ada School District has not oftred comments on this project at the tune of writing; the
school districts standard ratio ofpotential school aged children would estimate 95 additional
school aged children in this development. Chaparral Elementary is the closest school to the
subject site and is within walking distance. Staff understands that school enrollment is a major
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Item#12.
issue to he dealt with but some reliej'appears to he on the horizon ivith new schools opening lip
soon.
Staff finds that the existing and planned development of the inimediale area create conditians jirr
adequate levels afservice to and for this proposed project.
"Preserve,protect, and provide open space for recreation, conservation,and aesthetics"
(4.05.01F). The proposed project offers open space that exceeds the minimum requirements in the
unified development code(UDC]. The Applicant has placed a large area of open space in the
center of the development that all units have almost equal access to which improves the overall
project.Adjacent to this central open space is the proposed c•hebhouse and pool and to the east of
the Residential part of the project are two plazas with outdoor seating that is shared between the
residential and commercial areas of the site. In addition, the applicant is proposing to construct
a segment of required multi-arse pathwa)'along the south bounda►7 and them tying that into their
own pathwav system as a continuous loop around the project—these pathways are proposed with
multiple connections to sidewalks along streets and those interior to the site offering additional
usable open.space and areas for recreation.
See f rrther analt•sis in Section ! .E and V L.
"Explore development and implementation of architectural and/or landscape standards for
geographic areas of the City."(5.01.02F). The proposed project site is not within a specific area
plan.for the City but because it is a multi-family product, it is.subject to design review. The
Applicant has submitted a concurrent administrative design review application for the residential
structures that accompanies Staff s review of the conceptual elevations. The architecture
proposed throughout the residential portion of the project offet;s modern design elements that
include sired roc#'cornbinations and are combined with stucco and stone sidings,finished wood as
a siding and accent material, and metal as an accent material. Stajf'not only finds the submitted
elevations to he in compliance with the Architectural Standards Manual but also finds this hpe of
architecture as unique and a welcome addition to the neighborhood.
"Establish distinct,engaging identities within commercial and mixed-use centers through design
standards."(2.09.03A).As discussed above, the proposed product t1}pe and architecture would
make Mile High Pines a distinct area within this part of the City. The Applicant has worked with
Stuff to offer a site design that provides some integration between the commercial and residential
product types. In addition, there is a similar look and feel in the development created largely bt+
the inchision of pedestrian facilities throughout the site and large amounts of private open space
provided for multi-family development. The Applicant, as noted above, is incorporating two
shared plazas in the development that Staff anticipates will be widety used and helps engage both
the,f irttere residents and commercial patrons. Therefore, when considering the.surrounding area
of'developnaertt. Staff
inds that the proposed development meets a majority of the mixed-use
policies and objectives.
Staff finds this development to be generally consistent with the Comprehensive Plan and a
majority of the mixed use policies.
C. Existing Structures/Site Improvements:
The site currently houses two single-family homes and associated accessory buildings. All
existing structures will be removed upon development of this site.The Applicant will be
responsible for maintaining the existing arterial sidewalks along Ten Mile Road during
construction,
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Item#12.
D. Proposed Use Analysis:
The proposed use is multi-family residential and commercial;the commercial area makes up
roughly 113 of the site area, approximately 6 acres compared to 11.5 acres, respectively. Multi-
family residential is a conditional use in R-15 zoning district per UDC Table 11-2A-2, Staff is
unaware of any tenants being in place for the proposed commercial building suites. Because no
tenants are currently known of, Staff cannot review those uses for compliance in the C-C zoning
district. However, the submitted site plan depicts two drive-thin establishments next to one
another—drive-thru establishments require a Conditional Use Permit when they are within 300
feet of a residential district,as is the case for this commercial area. Commercial buildings require
Certificate of Zoning Compliance(CZC)and Design Review so at that time Staff will evaluate
uses for compliance with code.
The multi-family development is proposed to be constructed in one phase and incorporate both
detached and attached structures, as noted;of the 135 multi-family units,42 units are townhornes
proposed along the western and southeast boundaries of the site and 6 units are part of the
vertically integrated structures. Therefore,the remaining 87 units are the single-story cottages that
vary in sizes form 1-3-bedroom units. As discussed previously,the multi-family buildings are
subject to design review and the Applicant has applied for this concurrently with the conditional
use permit application for the residential structures.The Applicant did not provide elevations for
the future commercial buildings; upon submittal of the required CZC:, the Applicant will be
required to submit concurrent design review for the commercial buildings. The Applicant has
provided conceptual elevations of the Clubhouse and it shares in similar architecture with the
proposed residential units as required by the specific use standards.
The proposed use is not a traditional type nfsingla?-family or mtelti_ 7mily development, it is a
hybrid of the halo. The Applicant could have chosen to plat each once nf'these buildings
individually; the Applicant could also have proposed traditional 4-story garden style apartments.
Both potentials have their positives and negatives and the Applicant is proposing ra u► i.que
product tape to the City of Meridian. The proposed units are a majority offintgle-story one, two,
and three-bedroom detached units without garages. The Applicant is proposing more traditional
apartment stele parking to acco►tapuniv the units but some units do have attached one-car garages.
All of'the townhonae units ralso have attached two-car garages on their_first floor.
Largely, the proposed buildings in this development look like detached.single-family homes but
have on-street parking and less private open space than a standard 4,000 or S,000 square foot
lot. H",ever, the Applicant is proposing vastly more private open space than is required by UDC
fn►•multi fancily development. UDC requires at least 80 square feet per unit and the Applicant is
proposing a►1 average of almost 400 square,feet per unit ilia small private yards for every single
unit. The design of this can be best seen on the open space exhibit(see Exhibit WII.C) and the
fencing plan shown on the last page of the landscape plans (see Exhibit P71.D).
To be clear, the maim proposed use is single-family detached structures combined with on-street
parking that all reside on one single building lot, making it a rrutlti-family development by
definition. There are also traditional stele townhome units but are also on the sarne building lot,
making the whole residential product type a multi family development. Staff has some
recommendations regarding the overall.site design to better transition, rom the busy streets and
spread out some of the units.for better utilh).,delivery-Staff ff notes that all of'the following
recommendations are made with the overarching recommendation that no more units be added to
the proposed development even ifroom is available within the site.
Fi.r,st. Stuff recommends losing the singular unit near the northwest corner of'the site, south of'the
4 units along the eastlwest street to open up this area and remove the potential for CPTED issues
created hi,this odd unit placement. Secondly, as noted within the Comprehensive Plan analvsis,
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Item#12.
Staff reconiniends the Applicant replace the.townhorne units shown along Ten Mile with the
Verticall►'integrated.structure proposed near the center o f the project. Because of the
commercial contpnnent of these structures, Stuff believes fronting onto Ten Mile will activate the
commercial within this building and o ffer a better buf fer along the arterial roadway. The
Applicant should replace the vertically integrated structure with the four units currently proposed
direetty the west of it in order to then spread out the remaining units in this area. By spreading
these units out, utility service lines will have more room to be placed and alleviate some of'the
concerns presented lit Public Works in regards to the proximity,of buildings in this area of'the
site. In addition, this recommendation could add additional common open space,for the sire
depending on how the Applicant redesigns this area.
Along Pine Avenue, Staff recommends replacing all of'the detached units ivith townhome units—
this would he where the two 6 plexes from the southeast corner of the site could be re-oriented.
The townhoines would front on the large open space area proposed along Pine and have the
garages face internall},to the site. This removes the single-frrrnilt style pr oducr om being
adjacent to a major street and removes the need for parking.spaces along the north side of W
Littleton Lane (the internal east-west private street). With this reconunendetion, the entire
northern area of the site could be pushed,further north to open up the site and allow for more
roam within the site to accommodate the required utility easements andpossibly some additional
traffic calming.
E. Specific Use Standards (UDC 11-4-3):
The proposed multi-family development use is subject to conditional use permit approval by the
Planning and Zoning Commission and subject to specific use standards outlined in UDC 11-4-3-
27 and below:
11-4-3-27—Multi-Family ❑eveloament:
A. Purpose:
1. To create multi-family housing that is safe and convenient and that enhances the quality
of life of its residents.
2. To create quality buildings and designs for multi-family development that enhance the
visual character of the community.
3. To create building and site design in multi-family development that is sensitive to and
well integrated with the surrounding neighborhood.
4. To create open space areas that contribute to the aesthetics of the community, provide an
attractive setting for bui/dings, and provide safe,interesting outdoor spaces for residents.
B. Site Design:
1. Buildings shall provide a minimum setback of ten feet(10') unless a greater setback is
otherwise required by this title and/or title 10 of this Code. Building;setbacks shall take
into account windows, entrances,porches and patios,and how they impact adjacent
properties. Proposed project shrill comply with this requirement.
2. All on-site service areas,outdoor storage areas, waste storage,disposal facilities, and
transformer and utility vaults shall be located in an area not visible from a public street,
or shall be fully screened from view from a public street. The site plan depicts screened
trash enclosures that are only visible ftorn the private streets,- all proposed
transfortnerlutility vaults shrill also comply with this requirement.
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3. A minimum of eighty(80)square feet of private,usable open space shall be provided for
each unit. This requirement can be satisfied through porches, patios, decks, and/or
enclosed yards. Landscaping, entryway and other accessways shall not count toward this
requirement. In circumstances where strict adherence to such standard would create
inconsistency with the purpose statements of this section, the Director may consider an
alternative design proposal through the alternative compliance provisions as set forth in
section 11-5B-5 of this title. The private, usable open space provided_for each unit varies
with each unit ttipe but each one provides more than the required amount.According to
the Applicant's open.space exhibit, the minimum private open space provided is 80
square feet(fnr the vertically integrated structures its balconies)and the maximum for
atry one unit would be approximately 830 square feet with an average size of
uppro_ximately 400 squarefeet. Again, this proposed design offers private open space that
is more akin to single family developments but is still a multi-family product and the type
Uf housing that Baron Ten Mile is alining to provide.
4. For the purposes of this section. vehicular circulation areas,parking areas,and private
usable open space shall not be considered common open space. These areas were not
included in the common open.space calculations for the site.
5. No recreational vehicles,snowmobiles, boats or other personal recreation vehicles shall
be stored on the site unless provided for in a separate,designated and screened area.
Applicant shall caniply with this requirement.
b. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to
All Districts", of this title.See anali sis in stgffreport below.
7. Developments with twenty(20) units or more shall provide the following:
a. A property management office.
b.A maintenance storage area.
c_A central mailbox location(including provisions for parcel mail)that provide safe
pedestrian and/or vehicular access.
d. A directory and neap of the development at an entrance or convenient location for those
entering the development. (Ord. 18-1773,4-24-2018)
Per the submitted plans, the Applicant appears to meet these requirements. Where it is
not clear on the submitted plans, the Applicant shall con?ply with these requirements at
the time of'CZC submittal.
The site plan submitted with the Certificate of Zoning Compliance application shall depict
these items.
C. Common Open.Space Design Requirements:
1. A minimum area of outdoor common open space shall be provided as follows:
a. One hundred fifty(150) square feet for each unit containing five hundred(500)
or less square feet of living area.
b. Two hundred fifty(250)square feet for each unit containing more than five
hundred(500)square feet and up to one thousand two hundred(1,200)square
feet of living area.
c. Three hundred fifty(350) square feet for each unit containing more than one
thousand two hundred(1,200)square feet of living area.
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Note: Open space standards found in UDC 11-3G AND those found in these specific use
.standards shall apply to this project. Please see the applicability section of both code sections.
Staff unalvsis for both open space requirements is in Section F!L of this staff report instead of
splitting the analysis into tsva parts.
2_ Common open space shall be not less than four hundred(400) square feet in area,and shall
have a minimum length and width dimension of twenty feet (20').Proposed open space
submitted as meeting this requirement has been reviewed.All area labeled as qualified
common open space on the open space exhibit complies with this requirement except for
or
portions of the areas labeled as "Area 7"cant! "Area 2." The pieces of these areas that(10
not appear to meet the 20'minimum width requirement are negligible in the overall site
and amount of open space proposed
3. In phased developments.common open space shall be provided in each phase of the
development consistent with the requirements for the size and number of dwelling units.
This project is proposed to be developed in one(1)phase.
4. Unless otherwise approved through the conditional use process, common open space areas
shall not be adjacent to collector or arterial streets unless separated from the street by a
berm or constructed barrier at least four feet(4')in height,with breaks in the berm or
barrier to allow for pedestrian access. (Ord. 09-1394, 3-3-2009,ef£ retroactive to 2-4-
2009). The buffer along W. Pine Avenue, a collector street, and the buffer along N. Ten
Mile Road, do not count toward the common open space requirements for the inield-family
specific use.standards. However. those areas along the arterial and collector roadways do
count towards the minimum 10%required open space,for the residential development as a
whole.
D. Site Development Amenities:
1. All multi-family developments shall provide for quality of life,open space and recreation
amenities to meet the particular needs of the residents as follows:
a. Quality of life:
(1)Clubhouse.
(2)Fitness facilities.
(3)Enclosed bike storage.
(4)Public art such as a statue.
b. Open space:
(1)Open grassy area of at least fifty by one hundred feet(50 x 100') in size.
(2) Community garden.
(3) Ponds or water features.
(4)Plaza_
c. Recreation:
(1) Pool.
(2)Walking trails.
(3)Children's play structures.
(4) Sports courts.
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2. The number of amenities shall depend on the size of multi-family development as follows:
a_ For multi-family developments with less than twenty(20)units, two(2)amenities shall
be provided from two(2)separate categories.
b. For multi-family development between twenty(20)and seventy-five(75)units,three
(3)amenities shall be provided, with one from each category.
c. For multi-family development with seventy-five(75) units or more,four(4)amenities
shall be provided,with at least one from each category.
d. For multi-family developments with more than one hundred(100) units,the decision-
making body shall require additional amenities commensurate to the size of the
proposed development.
3. The decision-making body shall be authorized to consider other improvements in addition to
those provided under this subsection D,provided that these improvements provide a similar
level of amenity. (Ord.05-1 170, 8-30-2005,eff. 9-15-2005)
Based on 135 proposed units,a minimum of four(4) amenities are required,however,the
decision-making body is authorized to consider other amenities in addition to those provided
per the standards listed above in Zd
The fallowing amenities are proposed from the quality of life, open space and recreation
categories. a clubhouse with offices, a fittress facility, enclosed bike storage,and a pool;a lot-
lot,two shared plrt as,pedestrian and bicycle circulation, and a segment of mold-use pathway.
Therefore,the Applicant is proposing 8 qualifying site amenities. In addition to these
amenities, the Applicant is proposing self-storage lockers(each locker is approximately 12
square feet)spread throughout each of the garage buildings so that residents may store small
amounts of personal items onsite and near their units. This is also Prot a qualifying site amenity
but Stafffnds that these will likely be heavily used even though not all residents will be
allowed to participate in it due to the difference in unit count and available lockers.
E. Landscaping Requirements:
1. Development shall meet the minimum landscaping requirements in accord with
chapter 3, "Regulations Applying to All Districts", of this title.
2.All street facing elevations shall have landscaping along their foundation. The
foundation landscaping shall meet the following minimum standards:
a. The landscaped area shall be at least three feet(T) wide.
b. For every three(3)linear feet of foundation,an evergreen shrub having a minimum
mature height of twenty-four inches(24")shall be planted.
c. Ground cover plants shall be planted in the remainder of the landscaped area.
The landscape plan provided appears to ineet these speerf►c use standard landscape require►nents
and shall be verified at the time of'CZC submittal(see Elchibit VII.D).
F, Dimensional Standards(UDC II-?):
The commercial and multi-family residential lots appear to meet all UDC dimensional standards
per the submitted plat. In addition,all private streets appear to meet the minimum UDC
dimensional standards per the submitted plans..
In addition,all subdivision developments are also required to comply with Subdivision Design
and Improvement Standards(UDC 1 i-6C-3). The proposed prelimi►wy plat and submitted plans
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Item#12.
appear to meet the UDC requirements of this section except for subsection 3.e regarding
easements—this is ofgreat concern to Staff. The proposed project must comply with the
separation requirements for all utilities and storm drainage lines while not having any
permanent structure encroachments or overhangs within the easement. Public Works has
raised concerns regarding whether the Applicant can comp&with their easement
requirements.Staff is adding a condition of approval to obtain Public Works approval of their
utility plan prior to City Council to ensure any revisions required to the overall site design can
be analyzed by Planning Staff for con rpliance+vith the UDC.
lit response to Staffs initial discussions with the Applicant regarding this concern,the
.4pplicahit has provided a specific exhibit(.see Evil ibit V111.L) to address this issue. Staff hits
done an initial analysis of this exhibit and it does not comply with all of the Public Works
requirements. Planning staff also has concerns on whether an alternative compliance request
Wray be needed in order to further revise the utilities far this development.As further revisions
occur, the Applicant should also revise any other relevant plans and ensure they maintain
compliance with all UDC requirements.
G. Access(UDC 11-3A-3, 11-3H-4)&Private Streets (UDC 11-3F-4);
Access is proposed via one private street access off of W. Pine Avenue and one driveway access
to N.Ten Mile Road. The Applicant is also proposing to stub a private street(shown as W.
Littleton Laney to the western property line in the northwest area of the site for added vehicular
and pedestrian circulation between the two properties.The two proposed access points have been
approved by ACHD but typically access to Ten Mile is limited by the City in accord with UDC
1 1-3A-3 which is why the Applicant is proposing a driveway access meant to better distribute
traffic to the future commercial area. ACHD is not limiting the access to Ten Miie to a right-
inlright-out only access in order to help alleviate the future traffic load at the Pine/Ten Mile
intersection. Commission and Council should evaluate whether they support this access to Ten
Mile as a full access located approximately 400 feet north of the railroad crossing. No other direct
lot access is proposed or allowed to Ten Mile Road. The Applicant is also proposing an
emergency only access through one of the private drives(N, Side Creek Lane) along the western
boundary-this access will be accessed via knockdown bollards in line with Meridian Fire
preferences. Due to the nature of the proposed use, Staff believes private streets are appropriate in
this development.
In general,►atuld-family projects do not typically have private streets and instead have drive
aisles. Hm ever, because of the nature of this development.private streets are being used for
the purpose of having better addressing for the site. lit a project like this adequate and
simplified addressing is important in case of an emergency response. Drive aisles cannot be
named and addressed which does not lend itself to a development of this kind! Therefore,the
private streets will function as drive aisles but incorporate the ability to have street names and
better addressing for first responders and should not be analvred in the same sense as other
private street applications,according to Staff:
City code requires that private streets are to be used in either a mew or gated development and
this Applicant has proposed mews between the townhome units. In addition, there are
sidewalks and open areas between each detached unit that could also be considered mews. The
Applicant did propose gates in the project at one point but at the request of Staff,they removed
the gates to improve integration and connectivity to and help the project meet more of the
mixed-use policies.
Private streets are also required to comply with the design and construction standards listed in
UDC 11-3F-4. The proposed private streets are mostly 25 feet wide with attached sidewalks of
varying-widths on both.sides of the street throughout the site. In order to help with some of'the
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easement issues already,discussed the Applicant has widened the private street to 31 feet in width
in one small.section of the site near the northivest corner. Both open and covered park-ing is
provided along the private streets. Further parking analysis is discussed in the next section.
Section V.H. In addition,private streets are required to be on their own co►nnton lot or within an
easement per UDC 11-3F--38.3 standards. The suhmitted plat appears to show compliance with
this requirement.
StQ.J'has concern with the street la vow at the main entrance to the development ofj'of Pine
Avenue where an uncommon 3-wav intersection is shown.Albeit the intersection is internal to the
private streets, all three roadwr-vs that converge on this point allow traffic in both directions and
Staff(including Police) have concerns over how traffic will flow and navigate this intersection,
especially in inclement weather(i.e. when snow covers the lane striping). This intersection should
be redesigned in such a way that traffic can safely and efficiently navigate between the residential
and commercial areas of the site front all three directions that converge on this point.
Traffic Impact Study Analysis.
Tire proposed project proposes more than 100 units and therefore requires a Traffic Impact
Study(TIS). The Applicant's traffic impact study has been analyzed by ACHD and specific
conditions of approval are outlined in their staff report(see exhibit VI1I.J). Despite ACHD
analyzing and discussing the TIS in their own report.Staff finds it necessary to highlight the
main points of discussion and road improvement requirements,specifically those related to tine
extension of Pine Avenue.
This Applicant and the Applicant,for the proposed project to the north and west of this project
have entered into a legally binding "Dedication and Development Agreement"that outlines the
potential options for haw the Pine Avenue extension will be constructed(see F—riubit V71I.L).
In addition,ACHD has outlined different options for how this extension and road
improvements can occur.At a►nininium, this Applicant will construct the intersection
improvements as half'of a 3-lane street section (one westbound receiving lane, eastbound left
turn rune, and an eastbound thrulright turn lane) with vertical curb,gutter, and sidewalk
abutting the site. lit addition, the Applicant is, at a minimum,required to extend and construct
Pine Avenue outside of the influence area of the Pine/Ten Mile intersection as half of a 36 foot
wide collector street section plus 12 additional feet of pavement to total 30 feet, vertical curb,
gutter,and 5-foot detached sidewalk. The Applicant's agreement discusses that whoever
obtains City approval second is required to dedicate the required amount of right-of-way to
ensure Pine Avenue is constructed centered on the section line dividing the two properties.
Staff appreciates the forethought of this agreement to ensure correct construction of the Pine
Avenue evension. Therefore,Staff recont►nends a condition of approval in line with this
agreement.
lit addition,the Applicant is required to enter into a signal agreement for the required signal
improvements at the pi►relTe►t Mile intersection. ACHD is also requiring the Applicant
construct a southbound right-turn lane on Ten Mile Road located 580 feet south of the
intersection for safer soutlibound access into the singular access allowed to Ten Mile.
H. Parking(UDC I1-3C):
Off-street parking is required to be provided in accord with the standards listed in UDC Table I l-
3C-6 for multi-family dwellings based on the nti rrber of bedrooms per unit. The stebmitted plan
named "Conditional Use Plan"appears to show the proposed parking clearest. 771is plan shows
a total oj'442 total spaces,for-the entire development. 319 are proposed,far the residents, 12 are
reserved for the 3,500 square,foot chrbhouse, 30 are shown for the verticalli,integrated units,
and the remaining 81 arefor the proposed commercial sites. For the 319jor the residential units,
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Item#12.
a certain number are required to be covered spaces but the numbers shown on the submitted plan
do not add up correctly. Staff has counted the proposed covered spaces and the►'appear to be at
218 covered spaces exceeding the mini►ntrnt required amount of 123 covered spaces. The
Applicant should verify their parking counts prior to the City Council hearing to ensure
transparency but initial analysis shows the proposed parking counts exceed the►►rinimu►n UDC
requirements.
The commercial area proposed along Ten Mile Road is shown with three separate buildings
totaling approxitnatelV 12,441 square feet according to the submitted Conditional Use Plan; they
Verrically Integrated structures contain 10,140 square feet oj'comrnercial.space. For commercial
uses, the parking requirement is one space for every 500 square feet and the proposed
commercial area requires a tnini►nuni of 52 spaces. As noted, the Applicant has proposed 81
spaces for the commercial area, exceeding the minimicna amount required by the UDC. Two of the
commercial sites show a drive-thru and one appears to be,for a restaurant use. Per the UDC,
restaurant uses require a parking ratio of I space per 250 square feet. Staff ca►rnot.f xlly analyn-e
the commercial parking because uses are not yet known. Horn ever,for the.standard ratio, the
Applicant is proposing parking itr excess of the nrinimum requirements and each commercial pad
site will require CZC and Design Review approval prior to obtaining building per►nit approval.
Therefore, Staff will handle these calculations at the time oj'those submittals.
The applicant did not.submit a separate parking plan for review.
I. Pathways (UDC 1I-3A-8):
A I 0-foot wide multi-use pathway is required and proposed along the property's boundary
abutting the railroad easement along the southern boundary. The proposed pathway will be
approximately I00-feet from the existing railroad tracks due to the easement width and will be a
segment of approximately 480 feet in length and connect to the existing arterial sidewalk along
Ten Mile.
This section of multi-use pathway will connect to a proposed micro-path traversing the entire
western boundary of the subject site that eventually connects to the sidewalk along Pine Avenue.
These connections would allow further safe pedestrian connection along the railroad corridor and
will directly help connect this development to Fuller Park should the subdivision to the west also
obtain approvals.
The proposed sidewalks in this development are essentially micro-pathways. These pathways
connect throughout the entire development and traverse through every mew as well. They offer
increased pedestrian connection and give future residents the opportunity to walk rather than
drive within the project site to the commercial within this development and the nearby
commercial on the east side of Ten Mile Road.
J. Sidewalks(UDC 11-3A-17):
Attached sidewalks are proposed along all internal private streets as part of the overall pedestrian
circulation, in accord with the standards listed in UDC 1 1-3A-17.
The sidewalks in this development create connections throughout the project including to and
.from the commercial portion of the site. The proposed large open space area in the center of the
development is easily accessible because of these sidewalks. The sidewalk along Ten Mile it
already existing with 7-foot attached sidewalk per ACHD standards.for arterials. Vith the
extension and construction of W' Pine A venue, the Applicant is required to construct a 5-fool
wide detached sidewalk within the required landscape buffer. The submitted landscape plans
show a 5-foot detached at least 4 feet from the edge of fixture right-oj-way, meeting UDC
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Item#12.
standards. Stajf supports the sidewalk and pedestrian circulation plan for this development..See
Exhibit VII.F.
In consideration of'pedestrian safL6 tv as well as traffic calmingfor the site, Stafj'is recommending
that all pedestrian crossings and anv main sidewalk that traverses the perimeter of the streets
andlor that goes east-west through the maim central open space area be constructed as raised
crossings out of brick pavers,stamped concrete, or equal.
K. Landscaping(UDC 11-3E):
A 25-foot wide street buffer is required adjacent to N.Ten Mile Road, an arterial roadway,
landscaped per the standards Iisted in UDC 11-3B-7C. A 25-foot wide common lot is depicted on
the plat starting at the back of the existing attached sidewalk along Ten Mile,meeting the UDC
requirements. There is also a required 20-foot wide Iandscape buffer adjacent to W. Pine Avenue,
a residential collector roadway, the submitted plat also shows compliance with this requirement.
The submitted landscape plans appear to show the correct amount of landscaping per the UDC
standards for the landscape buffers.
Landscaping is required along all pathways (including micro-pathways)in accord with the
standards listed in UDC 11-3B-12C. The total lineal feet of all pathways with the required and
proposed number of trees are NOT included in the Landscape Calculations table on the submitted
landscape plans,sheet LA.The table contains this data for the multi-use pathway but not the
micro-path along the west perimeter of the development and there does not appear to be trees
located on both sides of either pathway segments.The addition of this data in the
calculations table and the required trees located on both sides of the pathways will be
required as a condition of approval. In addition,there does not appear to be the minimum 5
feet wide planter width on the south side of the multi-use pathway.The submitted landscape
plans appear to show an area wide enough for the pathway and 5 feet of landscaping on
both sides; the Applicant should revise the landscape plans to show compliance with these
standards.
Common open space is required to be landscaped in accord with the standards listed in UDC 11-
3G-3E.The total square footage of common open space and the required number of trees to
demonstrate compliance with UDC standards is NOT included in the Landscape Calculations
table. The addition of this data in the calculations table will be required as a condition of
approval.
The proposed C-C zoning district requires a 25-foot landscape buffer to any residential
district;the submitted plans do not show compliance with this requirement. Because this is
a mixed-use development and there is the presence of some landscaping,a sidewalk,and the
street between the residential uses and the commercial, Staff does not have particular
concern over this discrepancy. However,in order to comply with the UDC,the Applicant
will have to request a waiver from City Council to reduce this buffer to the buffer shown on
the submitted landscape plans.
L. Qualified Open Space (UDC 11-3G):
A ininimum of 10%qualified open space meeting the standards Iisted in UDC 11-3G-3B is
required. Based on the proposed plat of 16.46 acres, a minimum of 1.65 acres of qualified
common open space should be provided to satisfy this requirement. In addition, because this is a
multi-family development within a residential zoning district, the common open space standards
Iisted within the specific use standards,UDC I 1-4-3-27, also apply. Combined,the required
amount of minimum qualifying open space that should be provided is 2.56 acres. The
Applicant's open space calculations do not accurately depict the amount of qualified open
space for the multi-family specific use standards. There are parts of"Area 2"and "Area 7"
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Item#12.
on the submitted open space exhibit that do not appear to maintain the 20" minimum
requirement to continue counting towards qualified open space. However,according to
Staff's analysis,these areas are negligible to the overall calculations.
According to the open space exhibit(see Exhibit VII.C),the applicant is proposing a total of 3.62
acres of qualified open space. There are a number of small areas throughout the development that
are still green space but are not qualifying open space because of the 20' by 20' minimum
dimensional requirement per the multi-family development open space standards.Of the 3.62
acres proposed,2.47 acres is proposed to meet the overall minimum 1 Ot'/n requirement(2.47 acres
equates to approximately 15%).This qualified open space consists of the 10400t multi-use
pathway segment,the required street butlers,and two large common open space areas.This area
exceeds the minimum UDC requirements.
The remaining 1.15 acres of common open space is proposed to meet the specific use standards
for mufti-family development. These areas of open space consist of the mews between the
attached products, areas of open space that meet the minimum 20' x 20' multi-family open space
dimensions,and the two shared plazas. The open space proposed to meet the specific use
standards exceeds the minimum UDC requirements.
As noted above, the common open,space provided with this development exceeds the nzininium
amounts required by code. In addition, the Applicant is proposing private open space well in
excess that is required by code. Sta f fappreciates the incorporation of the two shared plazas
between the residential and commercial areas—the easy pedestrian access to these areas add to
their tisabilitt>overall placemaking. In addition, all of the pedestrian pathways throughout the
site connect the maim areas of open space to the residential units offering fairly equitable access
to the proposed open space.
Staff supports the pedestrian network and the connections to open space anchored by usable open
space and amenities and the commercial area on the eastside of the site.All in all, Staff finds that
the proposed common and private open space are sgficient for a project of this size and
proposed use.
M, Qualified Site Amenities (UDC 11-3G):
Based on the area of the proposed plat(16.46 acres), a minimum of one(1) qualified site amenity
is required to be provided per the standards listed in UDC 11-3G-3C.
The applicant proposes one(1)qualified amenity to satisfy the requirements in this section of the
UDC, a 10-foot multi-use pathway along the souther boundary. All other site amenities
(analyzed in an above section) are meant to satisfy the specific use standard amenity
requirements. The proposed multi-use pathway meets the minimurn UDC standards.
N. Fencing(UDC 11-3A-6, 11-3A-7):
All fencing is required to comply with the standards listed in UDC 11-3A-7. Fencing is proposed
as shown on the landscape plan and meets UDC standards as proposed.
D. Building Elevations (UDC 11-3A-19 I Architectural Standards Manual :
As discussed in the comprehensive plan policies analysis, Staff believes most of the submitted
elevations meet the required Architectural Standards. The applicant has submitted a concurrent
design review application for the residential structures and staff finds the submitted architecture
of the residential portion of the development complies with the ASM. Commercial elevations
were not submitted with this application but future buildings should incorporate similar
architectural features to ensure a cohesive design as envisioned by the Comprehensive Plan and
ASM. A separate DES will be required for the Commercial portion of the development.
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Item#12.
The ASAi notes that no ttivo rrrulti fancily buildings should look the same. To ensure compliance
with at least the intent of'this requirement, the Applicant should create more differentiation
between the units kt,providing different colors het?ond the same earth tomes. In addition, adding
more gl'the accent materials (i.e. lap siding and stone)would help to make more of the detached
units aarrirlaee fi arra one another. Stalj''is•recommending a condition oJ'approval to mitigate this.
To help ensure the.f ature commercial buildings integrate with the proposed residential, the
Applicant.should provide at least conceptual elevations.fo►•these buildings. Staff is providing a
condition of approval to submit conceptual elevations of the commercial buildings prior to the
City Council hearing.
V1. DECISION
A. Staff:
Staff recommends approval of the requested annexation and zoning with the requirement of a
Development Agreement and approval of the requested conditional use permit and preliminary
plat applications per the Findings in Section IX of this staff report.The Director approved the
private street and administrative design review applications.
B. The Meridian Planning& Zoning Commission heard these items on December 17,2020 and
January 2, 2021. At the public hearings,the Commission moved to recommend approval of the
subject Annexation and Zoning Preliminary Plat. and Conditional Use Permit requests.
1. Summary of Commission public hearing_
a. In favor: Deborah Nelson,Applicant.Legal.Rep.; Dave Bailey, Applicant Engineer
b. In opposition: None
c. Commenting. Deborah Nelson, Dave Bailey
d. Written testimony:None
e, Staff presenting application. Joseph Dodson,Associate Planner
f Other Staff commenting on application: Bill Parsons, Planning Supervisor
2. Key issue(s)of public testimony
a. None
3. Key ssue(s)of discussion by Commission.
a_ Amount of Commercial versus Residential in both zoning and commercial square
footage:
lam. Viability of Staff s recommended conditions and layout changes-Staff'and
Commission went through each recommended change and discussed items with the
Applicant following testimony from the Applicant;
c. Timeline of Pine Avenue extension from Ten Mile to existing section of Pine;
d. Importance of Public Works standards for utility mains within private streets and
whether proposed plan can work-Staff received a memo from Public Works before the
second Comrission hearing for this project outlining preliminary support of utility
plans:
e. Discussed the changes made by the Applicant following the continuance and any Staff
concerns-no concerns by Staff.
4_ Commission change(s)to Staff recommendation:
a. Revise the staff report to reflect the changes and strike specific conditions as outlined in
the Staff Memo to the Commission dated December 31, 2020-i.e. remove all of Staffs
recomrrrended changes except for the one regarding the revised internal 3-way
intersection off of Pine Avenue.
5_ Outstanding issue(s) for City Council:
a. The Applicant did not submit a parking plan in line with a condition of approval..
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Item#12.
C, The Meridian City Council heard these items on Februm 9,2021. At the public hearing', the
Council moved ta_annrove the subject Annexation and Zonin& Pmliminan+P1aL and Conditional
Sununar5r_of the City C_o t1 plc hearing:
ji, In favor; Dcborah-Nelsm.App]icant Romsentative
b. In oppos-itim; None
C. Cammentin : Deborah Nelson: Dave- ailpy emi t En-ig Weer
Written t�stim°nv_ ne
Statt presntin��n�1iiQn:_IQphDsQn,���4ciat�-Pl�z�aer
f Other Staff commenting on pWieation_:-None
2, UYissue{ �f } c testimX;
p- Non-c
I K v issupO gfAisc S-on v-0t omu—
a. Arnomit-of Comm r i,l_for tl}i pn�ject s woll �iesi�naies�mis�i=us- r_ea nd
b- Public versus.private roads for internal access of the site—whir were private streets
chos
C. Mixed-uscz-goals in r�latinn to inteeration of site internallyvs, externally,
4. City Council changes)to Commission recommendation
a. CQuncii-granted there ested�vaiyer_tQ_reduce the_requiredJ-andscape buffer_bdwcvn
the C-C zone-and t�J 15 moo, --whhat is&Q--n on the landscwe ply
Page 21
Page 266
Item#12.
YII. EXHIBITS
A. Annexation and Zoning Legal Descriptions and Exhibit Maps Revised
Legal_Description
Modern Craftsman at Ten Mile Subdivision-Annexation
An annexation parcel located in the NE Y4 of the SE'/.of Section 10,Township 3 North,Range 1
West, Boise Meridian, City of Meridian,Ada County, Idaho, and more particularly described as
follows:
BEGINNING at a Brass Cap monument marking the northeast corner of said NE A of the SE%,
from which a Brass Cap monument marking the southeast corner of the SE Y.of said Section 10
bears S 0°51'58"W a distance of 2646.23 feet;
Thence along the easterly boundary of said SE '/4 S 0°51'58"W a distance of 899.42 feet to a
point on the northerly right-of-way of the Oregon Short Line Railroad;
Thence N 88°29'39"W along said northeriy right-of-way a distance of 528-42 feet to a 5/8 inch
diameter febar;
Thence N 42`27'06"W a distance of 659.08 feet to a 518 inch diameter rebar;
Thence N 6`3224" E a distance of 415.20 feet to a 518 inch diameter rebar on the northerly
boundary of said NE'/<of the SE'l,;
Thence S 89'11'05'E along said northerly boundary a distance of 939.50 feet to the POINT OF
BEGINNING.
This parcel contains 17.46 acres and is subject to any easements existing or in use.
�
Clinton W.Hansen. PL pL LA NpS 54a r s&
Land Solutions, PC
October 2,2020
111 8
C+ ` IoruZ�
ON W. Y\
Land� )11J tji]f35 Pine ALB and Ten Mlle Rd Property
Job No.19-19
Page 22
Page 267
Item#12.
ANNEXATION EXHIBIT
MODERN CRAFTSMAN AT TEN MILE SUBDIVISION
LOCATED IN THE NE 114 OF THE SE 114 OF SECTION 10,T.3N., R.1 W., B.M.
CITY OF MERIDIAN,ADA COUNTY,IDAHO
S891 VOYE 1/4 W. PINE ST.
POINT OF
N BEGINNING d
z
•D �
z
z
TOTAL ANNEXATION AREA
17.46 ACRES
n
y�I
W M]
N
•G
W
2
C
Q
�s m
9�.
N88'29'39'W 528.42'
OREGON SHORT LINE RR
l LA kp s
tS.TFR W. FRANKLIN RD.
15 1s
11118
Land olu#ions
OF � anti ��Land Surveying and Consulting
a' 80' 160, sza oN W.�1P Z3l=!�M ST STE A
MERIOVW*MA.,
�m)2W1m f« 1m-2%?fU
www W13WR�OfIS Gt' .�W '3-:3
Page 23
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Item#12.
Legal Description
Proposed C-C Zone
Modern Craftsman at Ten Mile Subdivision
A parcel located in the NE'I of the SE'I of Section 10, Township 3 North Range 1 West. Boise
Meridian,City of Meridian,Ada County, Idaho. and more particularly described as follows:
BEGINNING at a Brass Cap monument marking the northeast corner of said NE `/of the SE ``/,
from which a Brass Cap monument marking the southeast corner of the SE %of said Section 10
bears S 0`51'58"I/V a distance of 2546.23 feet.
Thence along the easterly boundary of said NE 1/4 of the SE%S 0`51'58' W a distance of 576.86
feet to a point.
Thence leaving said boundary N 88'29'39"W a distance of 129.67 feet to a point of curvature,
Thence a distance of 31.60 feet along the arc of a 100.00 foot radius curve left. said curve having
a central angle of 18'06'18" and a long chord bearing S 82'27'12"W a distance of 31.47 feet to
a point:
Thence S 73`24'03"W a distance of 20.16 feet to a point:
Thence S 87'30'58"W a distance of 103.99 feet to a point.
Thence N 38`33'21"W a distance of 239.06 feet to a point.
Thence N 0'48'55"E a distance of 198.32 feet to a point.
Thence N 89'11'05"W a distance of 101 84 feet to a point.
Thence N 0'48'55"E a distance of 208.77 feet to a point on the northerly boundary of said NE YA
of the SE''/.;
Thence S 89'11405' E along said northerly boundary a distance of 537.85 feet to the POINT OF
BEGINNING.
This parcel contains 6.02 acres more or less.
`dap l LAN&S
Clinton W.Hansen. PLS
Land Solutions,PC
January 5. 2021 s 111 18
�'l°- a
rj 9r� of ,a
W �Re�
Land a fti'd o ns C•C Zone•Pine We
�� . wr.ery �e errr.p Jet)
No ND 19.19
Page i of
Pipe 24
Page 269
Item#12.
Legal Description
Proposed R)S Zone
Modern Craftsman at Ten Mile Subdivision
A parcel located in the NE %of the SE %of Section 10, Township 3 North. Range 1 West, Boise
Meridian,City of Meridian,Ada County, Idaho,and more particularly described as follows,
Commencing at a Brass Cap monument marking the northeast corner of said NE'/.of the SE%,from
which a Brass Cap monument marking the southeast corner of the SE'/{of said Section 10 bears S
0°51'58"W a distance of 2646.23 feet;
Thence along the easterly boundary of said NE'1/4 of the SE%S 015V58"W a distance of 576.86 feet
to the POINT OF BEGINNING:
Thence continuing along said easterly boundary S 0'51'58"W a distance of 322.56 feet to a point an
the northerly right-of-way of the Oregon Short Line Railroad;
Thence leaving said boundary and along said northerly right-of-way N 88'29'39" W a distance of
528.42 feet to a point;
Thence leaving said right-of-way N 42627'06"W a distance of 659.08 feet to a point;
Thence N 6'32'24" E a distance of 415.20 feet to a point on the northerly boundary of said NE%of
the SI-YA:
Thence S 89°11'05"E along said northerly boundary a distance of 401.65 feet to a point;
Thence leaving said boundary S 0048'55"W a distance of 208.77 feet to a point;
Thence S 89`11'05"E a distance of 101.84 feet to a point;
Thence S 0°48'55'W a distance of 198.32 feet to a point,
Thence S 38`33'21"E a distance of 239,06 feet to a paint;
Thence N 87030'58"E a distance of 103,99 feet to a point;
Thence N 73°24'03"E a distance of 20.16 feet to a point on a curve;
Thence a distance of 31.60 feet along the arc of a 10 0,00 foot radius cure right,said curve having a
central angle of 18'0618"and a long chord bearing N 82'27'12"F a distance of 3 1.4 7 feet to a point
of tangency;
Thence 5 88°29'39"E a distance of 129.67 feet to the POINT DA L LA IVOs
OF BEGINNING.
This parcel contains 11.44 acres more or less. a 11118
Clinton W.Hansen.PLS �a+1 Gs(Li Zp
Land Solutions,PC
January 5,2021 210
R-15 Zone-Pine and 10 Mile
c�lldSalutio� Job No. 19-19
Page]Df 1
Page 25
Page 270
Item#12.
ZONING EXHIBIT
MODERN CRAFTSMAN AT TEN MILE SUBDIVISION
LOCATED IN THE NE 114 OF THE SE 114 OF SECTION 10,T.3N-R.1W.,B,M.
CITY OF MERIDIAN,ADA COUNTY,IDAHO
R-r5
k61.a5' A 5377 10 1'•
POINT OF BEGINNING
w C-C ZONE
her iQ1.ad' �
M
2 ^"1
C-C ZONE z
6.02 ACRES
z
R-15 ZONE
11,44 ACRES
S73-24'73'w
4 20.1f' N8879'39'w "z
*2y S87'30'S8•W 0 129.67' a
n 3- 103.99,
POINT OF BEGINNING o N
I R-15 74NE
n
C-C
I-LA Np - N8879'39'W 528,42'
Te C-G
OKGON SHORT UNE RR
11118 0 --
`ra w l a5*1 z 2
{�•tr�p. 5L
OF ��r7�v 0' 80' 150' 32tJ'
N W_\A W. FRANKUN RD. 10 rs
15 , .,
CURVE TABLE Lai�0lutions
CURVE ,� LEIVGTN RADIUS DELTA BEARING CHORD --
3i,so' 1Qoao' saas'1s' S52Zrt2'w 31.47' Land Surveying and Consu6ing
c�
21'E 511P S' SS[A
MEMO AN to ax.Q
120Ey 29&7[W0 06)M-7`a.. i"
N^MY lyp{0R4.rR04 .Cc R' •.
Page 26
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Item#12.
B. Preliminary Plat (dated: 10/2 1 Q020 12/28/2020)
11,2s
Nuvso\...ns s3Nld H0114
-L N71—1—1 -,A-LA I vq I—I-_3 Z'!A=d
10 9III
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14
ivj 11,
4' k
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Page 27
Item#12.
C. Open Space Exhibit(date: °14�a 12/28/2020)
�'17 5�11>=f�clOLi cl N�ld`�Y E3
'�ul�vuauuryT:�[ali .-+ 3'�IW N31 lb Nq WSl�vLl� H2130pW
JOEI IF JC3 3�V-1 N3dC
i
lii��a Fs€ 6 Cp
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ffir! •� .�:_ i�� �n �:.,_. ':.r Y,. �
' -��i� �Fi ���^. � �V �ram• ry,� ..l �+
Page 28
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Item#12.
I INN
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Page 29
Item#12.
D. Landscape Plans(date: °1°�2 12/30/2020)
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Page 275
Item#12.
s
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Page 31
Page 276
Item#12.
I �
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f u _ I ;� 1. 7
•�ii1ry�L'�{, e_�k�{E;�[i"'��Y���{' R ,I-:-.-:. s '- � I — � 1II
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to
i Af 8 MODERN CRAFTSMAN G3 AT TEN MILE � !� l �; }BARON DEVELOPMENT PRELIMINARY PLAT LANDSCAPE PLAN " °
Page 32
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Item#12.
V.
4`
lP-11 k
liqj
. 4 _
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y i! MODERN CRAFTSMAN
N AT TEA[ MILE
v BARON DEVELOPMENT
PRELIMINARY PLAT LANDSCAPE PLAN " =� WL
Page 33
Page 278
Item#12.
[wHl� • 4
r•. �ek .: fir.
7 1 14
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to
MODERN CRAFTSMAN i z i "• ;
AT TEN MILE
• f"� a 2° R n BARON DEVELOPMENT
Y PRELIMINARY PLAT LANDSCAPE PLAN
Page 34
Page 279
Item#12.
-or
Si S
s i i r>•
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CY
i.I .. i Elleri }ngk¢�yJpv���,y� 2�i�ir: •TzC fr.p
:• r • ' N �x iIn �1LS,�x3 ; #
a4 ' '', ' .:F� aFa3�g E �F�C�l � • s'iS.S 5
`R f� �;F rk} F�xT?�r?3'rriErsi2Sc3�3$3 `LYr?•. ,+i��C FS ai--.
,9�S �r i .='✓!s`y off`- - S I I
s MODERN CRAFTSMAN
rY AT TEN MILE ;�FR
3 BARON DEVELOPMENT 9 1°r -P
PRELIMINARY PLAT LANDSCAPE PLAN
Page 35
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Item#12.
E. Pedestrian Circulation Plan
924 +
"a L
I .. i ' •L� �
Li
0
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x
nT
Y F 46 Q fY Yy
tg N
PATHWAYS EXHIBITI
MODERN CIRAFT$MAN AT TEN MIL[ 'y�� �,�rwEUMc�HrW�6100.
- Page 36
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Item#12.
F. Conceptual Building Elevations
WJDERN
CRAFTSMAN
AT TEN MILE
:Swj�gPLEe
Elm
WEQED PATIp-SH4pE STkJCTl1RE 511111NERST CDRI•T:R-IIhLBO%ES
Clubhouse Elevations
ja
SOUTIMEST CORNER-POLL ORK%PEW
CLOBFIDUSE
NDRIXE.{Er DDRryER•1►IIry ERIRy vEw
MOL•ERH
_ CRAFTSMAN
_ AT TEry WX
I�
mOP,rHVA7 xCMER•MIN wmy WIN -:L%iti,���.-CR'!iR-f C•��rS�Y-�!CC+
F�
T_
, „
r� f H
�'OOI pECIf MER `wJA �-�€ En a
CL:A iCUm
FLOORPLAN
Page 37
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Item#12.
MODERN
CRAFTSMAN
AT TEN MILE
LIMA
_ - LIE
SINGLE SLOPE RGGF-FROIR VEW NIP RAP°-FRCH7 V*H'ris
IL
�+
Ll
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TV
err-— Pi
.z
— 1 FEO-i RAm-wa'LEx
MppERN
CRAFTSMAN
AT TEN MILE
LIM
Ll I E L—"�
$INGIFSLOERppF FIIpIT VFW SIP R::[Y FR[]KT'f1FN' �❑u..._�.
SINGLE SLOPE RUOF'-m"wcw
11 I
LIE
A —� ME
i.. 1
2BED-20ATH-A
' FLOORMJLN HIP ROOF•BACK lAVW ••�
Page 38
Page 283
Item#12.
MODERN
CRAFTSMAN
AT TEN MILE
mas wut:M
grin
SINGE 4CPE R[10c-FRfXR 11FW � I�R[h'F-�RCMi VI�Yf ��w...�•.
!I ' 610__"c SLOPE ROGF BACN L'IEI'f Elm
1
� n
_ xeEn-xe�lx-e
fl..'�RVU,N ..r.......»••... 19v iZ�C:•R4�i'.V��W
MODERN
CRAFTSMAN
AT 131 MN f1T
EKO111 VOY
i
GANAGE-810RARE 91LOIRG
FLOGR PUN
Page 39
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Item#12.
MODERN
CRAFTSMAN
AT TFN'.'I._
CIXCR RCFiIE 3
v��Ixexn.err.
CMMPk TIEV
SINGLE SLOPE ROOF-FRON7 V.E!h HiP ROOF•FRONT NEW ac
4; GOLLRP_�.ES�E N
C_
-- 81HGIE$LOPE ROOF-BE.ON YEW ❑■
3RED-26ATH
FLOORPLAN HIP ROOF-BACK VEW
— Page 40
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Item#12.
MOURN
CRAFTSMAN
AT 7EN WILE
�•YEJE.9
' Dw
FRONT LSO'AM
6—iiiii
ORA3E0
19FlRu1L
1;LEVEL I-FLOOR PLAN-PRELIMU0.RY-GROSSAREA LEVEL I=6,136 SF
M[117FRN
CRAFTSMAN
=J
jr
IL
FIFlR 60 V[Y1
l 1
I
VERTILALLY4NTEMATED
1'i �Y-FIAOR PL9N-PREUNMNi'-s+os Ndvelk'h..•ssie 5h
Page 41
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Item#12.
G. Conceptual Commercial Elevations
BARON
TEN MILE & PINE
SCHEMATIC COMMERCIAL CONCEPTS
PAAW a '
BAR 01"I
TEN PvIILE & PINE
SCHEMATIC COMMERCIAL CONCEPTS
--JAI
TF1E CCFFIEF UUUSIE -
41,
Page 42
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Item#12.
BARON
TEN MILE & PINE
SCHEMATIC C01\4AERCIAL CONCEPTS
K n.,(, - - -
- ,It
BARON
TEN MILE & PINE
SCHEMATIC COP,)MERCIAL CONCEPTS
<< Onejr
- -
i ,, I. ;
Page 43
Page 288
Item#12.
BARON
TEN MILE & PINE
SCHEMATIC COMMERCIAL CONCEPTS
I
VIII. CITYIAGENCY COMMENTS& CONDITIONS
A. PLANNING DIVISION
1. A Development Agreement(DA) is required as a provision of annexation of this property.
Prior to approval of the annexation ordinance,a DA shall be entered into between the City of
Meridian,the property owner(s)at the time of annexation ordinance adoption,and the
developer.
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 be signed by the property owner and returned to the
Planning Division within six(6)months of the City Council granting the annexation.The DA
shall, at minimum,incorporate the following provisions:
a. Future development of this site shall be generally consistent with the approved
plat,site plan,landscape plan,open space exhibit,and conceptual building
elevations included in Section VII and the provisions contained herein.
b. The 10-foot multi-use pathway along the south boundary shall be constructed
with Phase 1 of the development.
c. The existing accesses onto N. Ten Mile Road shall be closed upon
development of the subject site except for the access located approximately 580
feet south of the Pine/Ten Mile intersection—this southern access is the only
approved access to N. Ten Mile Road.
d. With the first phase of development,the Applicant shall construct a dedicated
southbound right-turn lane for the one approved access to Ten Mile,as outlined
- Page 44 - —
Page 289
Item#12.
by ACHD and the Traffic Impact Study, dedicate additional right-of-way for
this requirement as needed.
e, All pedestrian crossings within the site shall be constructed as raised crossings:
crossings and the main pedestrian paths shall be constructed with brick pavers,
stamped concrete,or equal.
f With the first phase of development,the Applicant shall construct and/or
dedicate the required right-of-way for the extension of Pine Avenue and the
Pine/Ten Mile intersections in accord with ACHD requirements and in line
with the signed"Dedication and Development Agreement,"as seen in exhibit
VIII.L.
g. The required landscape street buffers shall be constructed and vegetated along
the entire perimeter(along N, Ten Mile and Pine Avenue)with the first phase
of development.
h. An entry feature is allowed and desired to create a sense of place for the
development but no gates are allowed except for the emergency only access
along the western boundary, labeled as N. Side Creek Lane on the submitted
plans.
i. Future Commercial elevations shall be generally consistent with the submitted_
concept elevations in size, form,scale,and roof lines, at a minimum,future
commercial buildings on this site shall have at least one(1) field material and
color that matches the residential portion of the site.
eliminate any split zoning and to reflect StaWs iveommended changes to the site layelit.
3. The preliminary plat included in Section VII.B, dated Oe�eber-2 f December 28,2020, shall
be revised rior to final lat
submittal:
a. If any changes must be made to the submitted plans to accommodate Public Works
easement requirements, the Applicant shall submit all relevant and revised plans to
the City of Meridian Planning Division for review.
b. Ver-i the submitted par-king data-noted on tne"Conditional Use Plan."
c. Stamped and signed by the licensed land surveyor.
4 The landscape plan included in Section VII.D, dated Septembff 29T Decembey",2020 is
proved-n showrt-with thei ielusian of the reduced buffer bztwcen the C-C a-A R_1 a zap- i
dis1ri�SAs-atm o s Ci- i. ncil. �h I a o-r-= ed as f 11.,wS P r.r Sub H3itW a ii,the pathways located Final Plat appheatiew.
total lineaf-feet of all pathways and the required number-of tfees per UDC- 11 313 P-4-7
b. Re-vise tke landsealge plans to add a 5 fOOt Wide ifflid5eape bOTeF RIORg b0th Sides-a
b
the perimeter of the site(including!he multi use
Page 45
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Item#12.
e- Show the required 25 fiae4 landseape buff-er-be�ween the G C zoning distivies. Vand doe.
co it
days r „to the Cit.,Getmeil hearing,,
Sato more e buildings.OR,
b. Create at least twe (2)fflore design palettes for the pr8posed detached uHits te inelude
a. Remove the detaehed units ftem along Pine AvLnuez
b Remwve the singular-unit loeaIed w4hin the labeled"Area 3"of the Opeti Space
4Fated building,
along N. T Mile Road; additional pa kifig that is needed to the
buildingsouth side of the building te add io the buffer-along the r-ailmad tr-aelIES-1-
e- Rearrange (he eentral detached aiiiis!a he mofe spread ou! w4hin this central afea to
aceaRimadate adequate
Public Wordis approi,al of their ud,14ty plan to ensu ans required to the
K_ Future development shall be consistent with the minimum din-tensional standards listed in
UDC Table 1 I-2A-7, UDC Table 11-213-3,and those listed in the specific use standards for
multi-family development, UDC 11-4-3-27.
9, Off-street parking is required to be provided in accord with the standards listed in UDC "Fable
l 1-3C-6 for multi-family dwellings based on the number of bedrooms per unit.
I[l. With the Final Plat submittal,the Applicant shall correct the applicable plans to show all
pedestrian crossings as raised crossings and show the main pedestrian sidewalks that traverse
through the development to be constructed with pavers or colored and stamped concrete(or
equal)to further delineate the pedestrian pathways.
H. At least 4en(10) days prior-to the Gity Gatineil heafifig the Applieeft! shall r-evise the
preposed 3 way intemal inter-seetion between !he residential and eeinmereial area in !he
operate safely for both pedesirians,and ,rehi eles.
12. The Applicant shall comply with all ACHD conditions of approval.
- Page 46
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Item#12.
I I The Applicant shall obtain Administrative Design Review approval for the future commercial
buildings with the submittal of the Certificate of Zoning Compliance for the eniirt?each
commercial site.
least ten(1n).lays prior-to the City Cauff.il hear-i„g
15, The Applicant shall obtain Certificate of Zoning Compliance approval for the eaHe
applicable (within the R-15 and C-C zoning districts)portion of the subject site prior to
applying for any building permit in either zoning district.
16. Comply with the outdoor service and equipment area standards as set forth in UDC i 1-3A-
12.
17. Provide a pressurized irrigation system consistent with the standards as set forth in UDC l l-
3A-15, UDC 11-3B-6 and MCC 9-1-28.
18. At least ten(10)days prior to the City Council hearing, the Applicant shall submit a parking
plan for the proposed development to better show the proposed parking following any
revisions made to accommodate Public Works easement requirements.
19. Upon completion of the landscape installation,a written Certificate of Completion shall be
submitted to the Planning Division verifying all landscape improvements are in substantial
compliance with the approved landscape plan as set forth in UDC 1 1-3B-14.
20. The applicant and/or assigns shall comply with the private street standards as set forth in
UDC 11-3F-3 and 11-3F-4.
21, The conditional use approval shall become null and void unless otherwise approved by the
City if the applicant fails to 1)commence the use.satisfy the requirements. acquire building
permits and commence construction within two years as set forth in UDC 11-5B-617.1; or 2)
obtain approval of time extension as set forth in UDC 1]-5B-6F.4.
22. The preliminary plat approval shall become null and void if the applicant fails to either: 1)
obtain the City Engineer signature on a final plat within two years of the date of the approved
findings: or 2)obtain approval of a time extension as set forth in UDC l 1-6B-7.
23. Prior to issuance of Certificate of Occupancy on any building,the applicant shall submit a
public access easement for the multi-use pathway along the southern boundary of the site to
the Planning Division for approval by City Council and subsequent recordation.
24. Business hours of operation within the C-C coning district shall be limited from 6 am to i I
pm as set forth in UDC 1 i-2B-3A.4.
25_ Any drive-thru establishment use shall require Conditional Use Permit approval in accord
with UDC 1]4-3-11.
B. PUBLIC WORKS
1. Site Specific Conditions of Approval
L l Provide sanitary sewer to-and-through to 3515 W. Pine Ave and 3513 W Pine Ave.
1.2 Light poles cannot be located inside utility easement.
1..3 In multiple areas it looks like the sewer and storm drain lines are too close together. Please
provide 4 ft separation between center of storm drain and sewer. This enables
repair/replacement of manholes and sewer lines in the future.
Page 47
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Item#12.
1.4 The water main in Pine Ave needs to be extended east and tied into the existing 12"near Ten
Mile. Also,the water main in Pine Ave needs to be extended west to the west property
boundary.This will fulfill the to-and-through requirement.
1.5 The water main in W. Little Lane needs to be extended to the west property line.
L6 Install water main in N. Side Creek Lane and stub at the property line to provide a future
connection to the west parcel.
1.7 End the water main in N. Rangeview Lane(at the southeast corner of development) in afire
hydrant.
1.8 There is an existing water main stub to this property off of Ten Mile at the southeast corner of
the development that either needs to be used or abandoned.
1.9 Sanitary sewer mainlines are not allowed within common drives,only sewer services
(reminder that a maximum of three services are allowed into a manhole,with a minimum 30-
degrees of angle separation).
1.10 All sanitary sewer and water easement areas must remain free of any permanent structures,
trees, brush, or perennial shrubs or flowers within the area described for the easement.
1.11 Sanitary sewer and water service lines cannot run under carports.
1.1.2 Minimum distance between service lines must be maintained, 6-feet between potable/non-
potable service lines, 5-feet between each sewer stub off the mainline.
1.13 Any sewer service lines greater than 100-feet will need cleanouts that are accessible for
cleaning.contact plumbing inspector for specific details.
1.14 A street light plan will need to be included in the final plat application. Street light plan
requirements are listed in section 6-7 of the City's Design Standards. A future installation
agreement is required for the streetlights on Pine Avenue and Ten Mile Road. Contact the
Meridian Transportation and Utility Coordinator for additional information.
2. General Conditions of Approval
2,I. Applicant shall coordinate water and sewer main size and routing with the Public Works
Department,and execute standard forms of easements for any maims 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 confonnance of City of Meridian Public Works Departments Standard
Specifications.
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.
2.3 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 l h"map with bearings and distances
(marked EXHIBIT B) for review. Both exhibits must be sealed,signed and dated by a
Professional Land Surveyor. DC NOT RECORD. Add a note to the plat referencing this
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Item#12.
document. All easements must be submitted,reviewed, and approved prior to development
plan approval.
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.
2.5 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.
2.6 All irrigation ditches,canals, Iaterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be addressed
per UDC 11-3A-6. In perfonning such work,the applicant shall comply with Idaho Code 42-
1207 and any other applicable law or regulation.
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.
2.8 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 (209)375-5211.
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 feeer-ded approved, prior to applying for building permits.
2.10 A letter of credit or cash surety in the amount of t 10%will be required for all uncompleted
fencing, landscaping, amenities,etc.,prior to signature on the final plat.
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.
2.12 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,
2.13 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.
2.14 Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
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 till material.
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Item#12.
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.
2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation
district or ACHD. The design engineer shall provide certification that the facilities have been
installed in accordance with the approved design plans. This certification will be required
before a certificate of occupancy is issued for any structures within the project.
2.20 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.
2.21 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
littp://www.meridiancity.org/public_works.aspx?id=272.
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.
2.23 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.
C. Fin DEPARTMENT
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D. POLICE DEPARTMENT
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E. PARK'S DEPARTMENT
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F. COMMUNITY PLANNING AssoCIATION OF SOUTHWEST 11DAHO(COMPASS)
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G. ADA COUNTY DEVELOPMENT SERVICES
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H. CENTRAL DISTRICT HEALTH DEPARTMENT(CDH)
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I. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
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J. ADA COUNTY HIGHWAY DISTRICT(ACHD)
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K. COMMUNITY DEVELOPMENT SCHOOL IMPACT TABLE
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L. DEDICATION AND DEVELOPMENT AGREEMENT—BARON&VIPER
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IX. FINDINGS
A. Annexation and/or Rezone(UDC I 1-5B-3E)
Required Findings: 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 annexation and/or rezone,the council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive
plan;
Council,frnds the proposed zoning map amendment to annex the property into the City of
Meridian with R-15 and GC zoning districts and subsequent development is consistent with
the Comprehensive Plan, if all conditions of approval are met.
2. The map amendment complies with the regulations outlined for the proposed districts,
specifically the purpose statement;
Council finds the proposed zoning map amendment and request,for the development of'multi-
family residential will contribute to the range of housing opportunities available within the
City and within this area. Commission finds the proposed addition of'commercial within the
development is generally consistent with the purpose statement of the commercial district and
consistent with the future land use designation of'Mixed-Use Community.
3. The map amendment shall not be materially detrimental to the public health,safety,
and welfare;
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Item#12.
Council finds the proposed zoning neap amendment should not be detrimental to the public
health,safety and welfare.
4. 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
Council,finds the proposed zoning Wrap amendment will not result in an adverse impact on
the delivery of services by any political.subdivision providing public services within the City,
S. The annexation(as applicable)is in the best interest of city.
Because afthe unique housing type proposed, the proposed addition of nmore commercial
zoning, and the construction of'a needed road aatension, Council finds the annexation is in
the best interest of'the Cift%
B. PreIiminary Plat Findings:
In consideration of a preliminary plat,combined preliminary and final flat,or short plat,
the decision-making body shall make the following findings:
I. The plat is in conformance with the Comprehensive Plan;
Council finds that the proposed plat, with Staffs recommendations. is in substantial
compliance with the adopted Comprehensive Plan in regard to land Else, density',
transportation, and pedestrian conTectivi��. (Please see Comprehensive Plan Policies in,
Section l'of this report for more information-)
2. Public services are available or can be made available and are adequate to accommodate
the proposed development;
Council,finds that public services will be provided to the subject property with development,
(See Section FIII of the Staff Report for more details.fi•on public service providers.)
3. The plat is in conformance with scheduled public improvements in accord with the City's
capital improvement program;
Because City water and sewer and an ti°other utilities will be provided 61,the development at
their own cost, Council finds that the,strhdivision will not require the expenditure of capital
irxproventent funds.
4. There is public financial capability, of supporting services for the proposed development;
Council finds there is public financial capability of'supporting services far the proposed
development based upon comrtents.from the public service providers(i.e.,Police, Fire,ACHD,
etc.). (See Section V11 for more information.)
5. The development will not be detrimental to the public health,safety or general welfare,
and,
Council is not aware of anv health, safely, or environmental problems associated with the
platting of this property, ACHD considers road safely issues in their analysis but has not
provided comments at this time.
6. The development preserves significant natural, scenic or historic features.
Council is unaware of any significant natural, scenic or historic,features that exist on this site
that require preserving.
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Item#12.
C. Conditional Use Permit Findings:
The commission shall base its determination on the conditional use permit request upon the
following:
1. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
Council finds that the submitted conditional use plat appears to meet all dimensional and
development regulations in the R-1 S Zoning district in ►vhich it resides.
Z. That the proposed use will be harmonious with the Meridian comprehensive plan and in
accord with the requirements of this title.
Council finds the proposed use oj'multi family residential and commercial are harmonious
with the comprehensive plan designation of'Mixed-Use Community and the requirements of
this title.
3. 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.
Despite the proposed use lacing d Jerent titan the residential uses closest to the subject site,
Council finds the design, construction, and proposed operation and maintenance will be
compatible Kith other uses in the general neighborhood and should not adversely change the
essential character of'lhe sanae area.
4. That the proposed use,if it complies with all conditions of the approval imposed,will not
adversely affect other property in the vicinity.
Council.f inds the proposed use, if it complies Kith all conditions Q.f approval imposed, will
not adversely of j ct other property in the vicinity.
5. 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.
Councilfinds the proposed use will be served adequately b}r essential public facilities and
services as all services are readily available, the nearby arterial street is widened to its fitll
width, and the Applicant is required to construct a new public road extension to
accommodate additional traflzc flaw,
6. 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.
Allpublic facilities•and services are readill,available far the subject site so Council finds inds that
the proposed use will not be detrimental to the economic welfare of the community)or create
excessive additional costs.for publief facilities and serlices.
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7. 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.
Although traffic will likely increase in the vicinity svith the proposed arse, all major roadways
adjacent to the site are already at their,fiill width and the Applicant is required to extend Pine
Avenue cis a collector street adjacent to their site. Therefore, Council f nds the proposed use
will not be detrimental to any persons,property, or the general welfare.
8. 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.(Ord.05-1170,8-30-
2005,eff.9-15-2005)
Council is not aware of'an.v.such,features: the proposed use should not result in damage(? '
anti such features.
D. private Street Findings:
In order to approve the application,the director shall find the following:
1_ The design of the private street meets the requirements of this article;
The Director Inds that the proposed priv ate street design meets the requirements.
2. Granting approval of the private street would not cause damage,hazard,or nuisance,or
other detriment to persons,property,or uses in the vicinity; and
The Directorf jands that the proposed private streets would not cause damage, haaar d, or
nuisance, or other detriment to persons,property, or uses in the vicinity°if all conditions of
approval are noel.
3. The use and location of the private street shall not conflict with the comprehensive plan
and/or the regional transportation plan.(Ord.05-1170,8-30-2005,eff.9-15-2005)
The Director finds the use and location qf the private streets do not conflict with the
comprehensive plan or the regional transportation plan because the proposed design meets
all requirements.
4. The proposed residential development Cif applicable) is a mew or gated development.
(Ord. 10-1463, 11-3-2010,eff. 11-8-2010)
NIA
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