PZ - Staff Report 4-1 with revisions in response to applicant's response.
Charlene Way
From:Sonya Allen
Sent:Thursday, April 1, 2021 12:38 PM
To:Ted Baird; Adrienne Weatherly; Charlene Way; Chris Johnson; Andy Seal; Bill Cassinelli
(wcassinelli@gmail.com); Lisa Holland; Maria Johnson-Lorcher; Nick Grove; Rhonda
McCarvel; Steven Yearsley
Cc:Deborah E. Nelson; Tamara Thompson; Ryan Morgan; Ari Steinberg;
'jonathan@stonehillam.com'; development@morganstonehill.com
Subject:Winco Wells PP - Seasons at Meridian CUP - Volante MDA - Revisions to Staff Report
in Response to Applicant's Response
Attachments:Seasons at Meridian - CUP Winco Wells - PP H-2021-0007; Volante Investments -
MDA H-2020-0118 Staff Report REVISED.docx
All – I’ve revised the staff report to correct/update a few things as requested by the Applicant (see attached), as follows:
Corrected the project description on pg. 1 to remove the rezone info as a rezone is not proposed
noted ITD’s approval of the proposed noise abatement (#9)
deleted the requirement for a 25’ wide buffer to be depicted outside of the ultimate ROW (#10e) – the revised
LP associated with the CUP reflects this.
modified the parking calc’s in the Analysis section – there was a typo
added some analysis on pg. 12 in regard to the off-site extension of Cinema Dr. w/this application per ACHD’s
comments
deleted the requirement for commercial/office buildings to be arranged to create some form of common,
usable area, such as a plaza or green space (pg. 9, 11 & condition #A.1a)
From: Tamara Thompson <tamara@thelandgroupinc.com>
Sent: Thursday, April 1, 2021 11:06 AM
To: Sonya Allen <sallen@meridiancity.org>
Subject: RE: Winco pre plat
External Sender - Please use caution with links or attachments.
Thanks.
From: Sonya Allen <sallen@meridiancity.org>
Sent: Thursday, April 1, 2021 10:58 AM
To: Tamara Thompson <tamara@thelandgroupinc.com>
Subject: RE: Winco pre plat
Yes, I received it and it’s included in the public record.
I’ll take the condition out of the CUP section that requires the buffer to be located outside of the future ROW but the
preliminary plat LP doesn’t depict a centerline and the ROW is depicted at the back edge of the street buffer so I’m
leaving that one in.
From: Tamara Thompson <tamara@thelandgroupinc.com>
Sent: Thursday, April 1, 2021 9:46 AM
To: Sonya Allen <sallen@meridiancity.org>
Subject: FW: Winco pre plat
1
External Sender - Please use caution with links or attachments.
Hi Sonya,
The staff report doesn’t acknowledge this revised landscape plan. I know we got it to you late. Please confirm receipt
and that it satisfies the various comments in the staff report.
Thanks!
Tamara
From: Tamara Thompson
Sent: Tuesday, March 30, 2021 12:14 PM
To: Sonya Allen (sallen@meridiancity.org) <sallen@meridiancity.org>
Subject: Winco pre plat
Revised Pre plat plan
director of client services
tamara thompson
T HE L AND G ROUP | thelandgroupinc.com | 208.939.4041
All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to
both release and retention, and may be released upon request, unless exempt from disclosure by law.
2
STAFF REPORT
C OMMUNITY D EVELOPMENT D EPARTMENT
HEARING April 1, 2021
DATE:
TO: Planning & Zoning Commission
FROM:
Sonya Allen, Associate Planner
208-884-5533
SUBJECT: H-2021-0007 – Seasons at
Meridian/Winco Wells Subdivision
H-2020-0118 – Volante Investments
LOCATION: 2600 & 2700 E. Overland Rd., in the SE
¼ of Section 17, Township 3N., Range
1E. (Parcels: S1117438626,
S1117438451)
I. PROJECT DESCRIPTION
The Applicant has submitted an application for the following:
Modification to the existing Development Agreement (Inst. #2016-060157) to include a conceptual
development plan for the eastern 15.89-acre portion of the subject property that is consistent with the
Mixed Use – Regional (MU-R) Future Land Use Map designation in the Comprehensive Plan;
Preliminary plat consisting of 3 buildable lots on 34.62 acres of land in the C-G zoning district, located
at 2600 and 2700 E. Overland Rd.; and,
Conditional Use Permit for a multi-family development consisting of 360 dwelling units on 15.89 acres
of land in the C-G zoning district, located at 2700 E. Overland Rd.
Page 1
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 34.62-acres
Future Land Use Designation Mixed Use – Regional (MU-R)
Existing Land Use Vacant/undeveloped land
Proposed Land Use(s) Commercial/retail (west parcel); multi-family development
(east parcel)
Current Zoning General Retail & Service Commercial (C-G)
Proposed Zoning NA
Lots (# and type; bldg/common) 3 buildable lots
Phasing plan (# of phases) 2
Number of Residential Units (type 360 units \[(180) 1-bedroom & (180) 2- to 3-bedroom units\]
of units)
Density (gross & net) 22.6 (gross)/23 (net) units/acre
Open Space (acres, total \[%\] / 4.15 acres (26%)
buffer / qualified)
Amenities Clubhouse, fitness facilities, public art, open grassy area of at
least 50’ x 100’, plaza, community garden; swimming pool,
walking trails, children’s play structure
Physical Features (waterways, None
hazards, flood plain, hillside)
Neighborhood meeting date; # of November 17, 2020; and January 12, 2021 (6 attendees)
attendees:
History (previous approvals) AZ Ord. #661, 661A & 665 (1994, Thomas & Wurst
Properties); H-2016-0056 (DA #2016-060157 – Volante
Investments)
B. Community Metrics
Description Details Page
Ada County Highway
District
Yes
Staff report (yes/no)
No
Requires ACHD
Commission Action
(yes/no)
Traffic Impact Study Yes
(yes/no)
Access One (1) public street access (S. Wells Ave.) is proposed via E. Overland Rd., an
(Arterial/Collectors/State arterial street; E. Cinema Dr. is proposed to be extended from the west boundary to
Hwy/Local) (Existing S. Wells Ave.
and Proposed)
Traffic Level of Service Overland Rd. – Better than “D” (acceptable level of service is “E”)
Stub E. Cinema Dr. stops 50’ short of the west boundary of the site – no other stub streets
Street/Interconnectivity/exist to this site.
Cross Access
Page 2
Description Details Page
Existing Road Network There are no existing internal roadways within the site; a curb cut in alignment with
S. Wells Ave. on the south side of Overland Rd. exists on this site.
Existing Arterial A curb, gutter and attached 7’ wide sidewalk exists along Overland Rd.; no buffer
Sidewalks / Buffers exists.
Proposed Road
Improvements
Fire Service
1.0 mile from Station #4
Distance to Fire
Station
Within 5 minute response time goal
Fire Response Time
78% (goal is 80% or greater)
Resource Reliability
2 – current resources would not be adequate to supply service to this project.
Risk Identification
Meets all erquired access, road widths and turnarounds
Accessibility
Will require an aerial device – can meet this need in the required time frame if a
Special/resource
truck company is required.
needs
Requires 2,500 gallons per minute for 2 hours.
Water Supply
Other
Police Service
1.5 miles
Distance to Police
Station
3:42 (Priority 3); 7:12 (Priority 2); 10:31 (Priority 1)
Police Response
Time
3,400 (in RD ‘M751’) – between 3/1/19 and 2/28/21)
Calls for Service
% of calls for service
split by priority
Accessibility
Specialty/resource
needs
309 (RD – M751 – between 3/1/19 and 2/28/21)
Crimes
134 (RD – M751 – between 3/1/19 and 2/28/21)
Crashes
MPD can service this area if approved. For more info, see:
Other
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=223900&dbid=0&repo
=MeridianCity
West Ada School District
Page 3
Distance (elem, ms, hs)
Capacity of Schools
# of Students Enrolled
36 +/-
Predicted # of students
generated from
proposed development
Wastewater
Directly adjacent in East Overland Raod.
Distance to Sewer
Services
Five Mile Trunk Shed
Sewer Shed
See Application
Estimated Project Sewer
ERU’s
14.08
WRRF Declining
Balance
Yes
Project Consistent with
WW Master
Plan/Facility Plan
• Flow added to pacel as part of record H-2020-0118
Impacts/Concerns
• No Permanent structures (buildings, carports, trash receptacle walls, fences,
infiltration trenches, light poles, etc.) can be built within the utility easement.
Water
Directly adjacent in East Overland Raod.
Distance to Water
Services
4
Pressure Zone
See application
Estimated Project Water
ERU’s
There are two long deadends for fire hydrants which may result in poor water quality.
Water Quality
Yes
Project Consistent with
Water Master Plan
There are two long deadends for fire hydrants that we would rather not have because
Impacts/Concerns
these may cause potential water quality issue.
Page 4
C. Project Maps
Future Land Use Map Aerial Map
Zoning Map Planned Development Map
III. APPLICANT INFORMATION
A. Applicant:
Tamara Thompson, The Land Group – 462 E. Shore Dr., Ste. 100, Eagle, ID 83616
B. Owner:
Greg Goins, WinCo Foods, LLC – 650 N. Armstrong Pl., Boise, ID 83704
C. Representative:
Tamara Thompson, The Land Group – 462 E. Shore Dr., Ste. 100, Eagle, ID 83616
Page 5
Jonathan Fragoso, Stonehill Morgan – 7301 Peak Dr., Ste. 200
IV. NOTICING
Planning & Zoning City Council
Posting Date Posting Date
Newspaper Notification
3/12/2021
Radius notification mailed to
3/9/2021
properties within 300 feet
Public hearing notice sign posted
3/18/2021
on site
Nextdoor posting
3/9/2021
V. COMPREHENSIVE PLAN (HTTPS://WWW.MERIDIANCITY.ORG/COMPPLAN):
Land Use:
This property is designated Mixed Use – Regional (MU-R) on the Future Land Use Map (FLUM).
The purpose of the MU-R designation is to provide a mix of employment, retail, and residential
dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses
together, including residential, and to avoid predominantly single use developments such as a regional
retail center with only restaurants and other commercial uses. Developments should be anchored by uses
that have a regional draw with the appropriate supporting uses. The developments are encouraged to be
designed consistent with the conceptual MU-R plan depicted in Figure 3D (pg. 3-17).
This site will be anchored by a WinCo grocery store, conceptually approved to develop on the west
parcel, which should have a regional draw; other future commercial uses will also be developed south of
WinCo. A multi-family development is proposed on the east parcel.
In the overall MU-R designated area south of I-84 there are a lot of commercial, office and employment
uses but comparatively not a lot of residential dwellings. The provision of multi-family apartments in
this vicinity will provide housing for workers in this area and the commercial retail/restaurant and other
uses will provide needed services for these residents.
When the City approved the conceptual development plan included in the Development Agreement for
the WinCo grocery store on the west parcel, it was anticipated that a non-retail use would develop on the
east parcel in order to provide the mix in uses desired in the MU-R designation for this area. Although
the proposed design and uses aren’t integrated as desired in MU-R designated areas, pathways and cross-
walks are proposed for pedestrian connectivity to commercial uses. The Applicant’s narrative states that
existing residential neighbors to the east and employees of area businesses are encouraged to enjoy the
perimeter loop pathway and plaza at the east boundary of the site.
Transportation:
There are no collector streets planned across this site per the Master Street Map (MSM). This site is
accessed via Overland Rd., a mobility corridor, on the south and E. Cinema Dr., a local street, from the
west. This site is approximately a half mile west of the Overland/Eagle Rd. intersection, a major arterial
intersection, and the I-84 interchange on Eagle Rd. ACHD is requiring additional right-of-way to be
dedicated for Overland Rd. to be widened to provide a dedicated westbound right-turn lane at Wells
Ave. when Wells is constructed to intersect Overland Rd.; a traffic signal will be installed at the
Wells/Overland intersection prior to issuance of the first Certificate of Occupancy for the proposed
multi-family development.
Page 6
Overland Rd. is listed in the Capital Improvement Plan (CIP) to be widened to 7-lanes from Locust
Grove to Eagle Road between 2036 and 2040. The intersection of Eagle and Overland Roads is listed in
the CIP to be widened to 7-lanes on the north leg, 8-lanes on the south, 8-lanes on the east and 8-lanes on
the west leg and signalized between 2031 and 2035.
A Traffic Impact Study (TIS) was completed for the WinCo development in 2016 and approved by
ACHD. A new TIS was prepared to analyze the additional trips for the proposed multi-family
development and has been reviewed by ACHD.
The multi-family project is estimated to generate 1,959 additional vehicle trips per day and 158
additional vehicle trips per hour in the PM peak hour based on the Traffic Impact Study (TIS) completed
for this development in 2020. The WinCo Foods grocery store is estimated to generate 7,723 additional
vehicle trips per day; 555 additional vehicle trips per hour in the PM peak hour and 820 additional trips
per hour in the Saturday peak hour based on the TIS that was completed in 2016. The ACHD report
states the PM peak hour traffic count for Overland Rd. is estimated to be 1,375, which will result in a
PM peak hour level of service of better than “D”. Acceptable level of service for a five-lane principal
arterial is “E”.
Transit services are available to serve this site via Route 42.
C OMPREHENSIVE P LAN P OLICIES (https://www.meridiancity.org/compplan):
Goals, Objectives, & Action Items: Staff finds the following Comprehensive Plan policies to be
applicable to this application and apply to the proposed use of this property (staff analysis in italics):
“Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of
Meridian’s present and future residents.” (2.01.02D)
The proposed multi-family apartments will contribute to the variety of housing types in the City and
specifically in the southern portion of the City as desired.
“Permit new development only where it can be adequately served by critical public facilities and
urban services at the time of final approval, and in accord with any adopted levels of service for
public facilities and services.” (3.03.03F)
City water and sewer services are available and can be extended by the developer with development
in accord with UDC 11-3A-21.
“Locate higher density housing near corridors with existing or planned transit, Downtown, and in
proximity to employment centers.” (2.01.01H)
The proposed multi-family development is located along a mobility arterial (Overland Rd.), which is
a major east/west corridor proposed to be widened to 7-lanes; and in close proximity to neighboring
employment centers in the Bonito and Silverstone subdivisions at Eagle/Overland; transit services
are available to serve this area.
“Require all new development to create a site design compatible with surrounding uses through
buffering, screening, transitional densities, and other best site design practices.” (3.07.01A)
The proposed multi-family development will provide a transition in uses and buffering between
future commercial uses to the west and existing low-density residential uses to the east. The
apartment buildings will be set back over 100’ from the property line; with the existing homes being
set back on average 250’ from the shared property line, this creates approximately 350’ of
separation. A 25’ wide landscape buffer planted with trees is also proposed along the east boundary
for screening.
Page 7
“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)
The proposed multi-family apartments will contribute to the mix of housing types available in the
City. There is currently a mix of housing types within a mile of this site consisting of single-family,
townhomes and multi-family apartments.
“Encourage compatible uses and site design to minimize conflicts and maximize use of land.”
(3.07.00)
The proposed multi-family apartments should be compatible with existing single-family residential
properties to the east as they are both residential in nature. To buffer the single-family homes from
the apartments, a 25-foot wide landscape buffer is proposed along the east boundary of the site.
“With new subdivision plats, require the design and construction of pathway connections, easy
pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open
space with quality amenities.” (2.02.01A)
A pedestrian pathway loop is proposed around the perimeter of the development connecting to the
sidewalk along Overland Rd.; internal pedestrian walkways are also proposed throughout the
development to buildings and common areas/amenities.
“Ensure development is connected to City of Meridian water and sanitary sewer systems and the
extension to and through said developments are constructed in conformance with the City of Meridian
Water and Sewer System Master Plans in effect at the time of development.” (3.03.03A)
The proposed development will connect to City water and sewer systems; services are proposed to be
provided to and though this development in accord with current City plans.
“Maximize public services by prioritizing infill development of vacant and underdeveloped parcels
within the City over parcels on the fringe.” (2.02.02)
The area surrounding this vacant site is mostly developed and part of the City with the exception of
the residential properties abutting the site to the east which are still in the County. Development of
this infill property will result in more efficient provision of public services.
“Require urban infrastructure be provided for all new developments, including curb and gutter,
sidewalks, water and sewer utilities.” (3.03.03G)
Urban sewer and water infrastructure and curb, gutter and sidewalks is required to be provided with
development as proposed.
“Encourage and support mixed-use areas that provide the benefits of being able to live, shop, dine,
play, and work in close proximity, thereby reducing vehicle trips, and enhancing overall livability and
sustainability.” (3.06.02B)
The proposed project with multi-family residential and a grocery store with nearby employment,
restaurant, entertainiment, office and service uses will provide a good mix of uses that residents
won’t have to travel far for, thus reducing vehicle trips and enhancing overall livability and
sustainability.
“Slow the outward progression of the City's limits by discouraging fringe area development;
encourage development of vacant or underutilized parcels currently within City limits.” (4.05.03B)
Development of the subject vacant land, currently in the City limits, is encouraged over parcels on
Page 8
the fringe of the City. The development of this property will result in better provision of City services.
In reviewing development applications, the following items will be considered in all Mixed-Use
areas, per the Comprehensive Plan (pg. 3-13): (Staff’s analysis in italics)
“A mixed-use project should include at least three types of land uses. Exceptions may be granted for
smaller sites on a case-by-case basis. This land use is not intended for high density residential
development alone.”
The multi-family development proposed on the eastern parcel will provide a residential land use type
which will contribute to the mix of uses already in this area consisting of commercial (restaurants,
retail, animal care), office (medical/dentist, financial, professional) and residential (single-family,
townhomes and multi-family). A grocery store is planned on the west parcel which will provide a
needed service in this area.
“Where appropriate, higher density and/or multi-family residential development is encouraged for
projects with the potential to serve as employment destination centers and when the project is
adjacent to US 20/26, SH-55, SH-16 or SH-69.”
Although this area is not a large-scale employment destination center, there are a lot of smaller scale
employment uses in this general area which is adjacent to I-84 and Eagle Rd./SH-55.
“Mixed Use areas are typically developed under a master or conceptual plan; during an annexation or
rezone request, a development agreement will typically be required for developments with a Mixed-
Use designation.”
The subject property is already included in a development agreement (DA) which was required as a
provision of annexation. Because a conceptual development plan was not included previously for the
east parcel, one is proposed with this application with the proposed amendment to the DA. A
conceptual development plan for the west parcel was previously approved for a retail store (i.e.
grocery store).
“In developments where multiple commercial and/or office buildings are proposed, the buildings
should be arranged to create some form of common, usable area, such as a plaza or green space.”
No commercial and/or office buildings are proposed at this time.
“The site plan should depict a transitional use and/or landscaped buffering between commercial and
existing low- or medium-density residential development.”
The proposed plan depicts a 25-foot wide landscaped buffer along the east boundary of the site to
provide buffering between the multi-family development and the abutting low-density residential
development to the east. The proposed multi-family development will provide a transition in uses
between future commercial uses to the west and existing low-density residential uses to the east in
Overland Way Subdivision, zoned R1 in Ada County. The properties where the residential homes are
located are also designated as MU-R on the FLUM.
“Community-serving facilities such as hospitals, clinics, churches, schools, parks, daycares, civic
buildings, or public safety facilities are expected in larger mixed-use developments.”
No such uses are proposed in this development; however, there is a high school (Mountain View) and
medical clinics to the southwest of this site in the larger overall area. St. Luke’s hospital is less than a
mile away to the northeast.
“Supportive and proportional public and/or quasi-public spaces and places including but not limited
to parks, plazas, outdoor gathering areas, open space, libraries, and schools are expected; outdoor
seating areas at restaurants do not count.”
Page 9
No such uses are proposed in this development; however, as mentioned above, a high school exists to
the southwest of this site and Gordon Harris park exists a half mile to the south.
“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 of interests ranging from leisure to play. These areas should be
thoughtfully integrated into the development and further placemaking opportunities considered.”
A limited mix of uses are proposed within this development. Although a mix of uses exist in the
overall area, they are not designed around public/quasi-public spaces or centers of activity as
desired.
“All mixed-use projects should be directly accessible to neighborhoods within the section by both
vehicles and pedestrians.”
The existing and future commercial development to the west will be directly accessible by the
proposed multi-family development both by vehicles and pedestrians through the pathways proposed
in the development.
“Alleys and roadways should be used to transition from dissimilar land uses, and between residential
densities and housing types.”
The extension of Wells Ave. will provide a break and transition between the proposed multi-family
residential development on the east parcel and future commercial/retail uses on the west parcel.
“Because of the parcel configuration within Old Town, development is not subject to the Mixed-Use
standards listed herein.”
The subject property is not located in Old Town; therefore, this item is not applicable.
In reviewing development applications, the following items will be considered in MU-R areas, per
the Comprehensive Plan (pgs. 3-16 thru 3-17):
Development should generally comply with the general guidelines for development in all Mixed Use
areas.
Staff’s analysis on the proposed project’s compliance with these guidelines is included above.
Residential uses should comprise a minimum of 10% of the development area at gross densities
ranging from 6 to 40 units/acre. There is neither a minimum nor maximum imposed on non-retail
commercial uses such as office, clean industry, or entertainment uses.
Multi-family uses are proposed at a gross density of 22.6 units/acre for approximately 45% of the
subject property governed by the DA.
Retail commercial uses should comprise a maximum of 50% of the development area.
Retail commercial uses will comprise of approximately 33% of the development area governed by
the DA on Lot 2, Block 1; other commercial uses are anticipated to develop on Lot 1, Block 2.
Where the development proposes public and quasi-public uses to support the development, the developer
may be eligible for additional area for retail development (beyond the allowed 50%), based on the ratios
below:
For land that is designated for a public use, such as a library or school, the developer is eligible for a
2:1 bonus. That is to say, if there is a one-acre library site planned and dedicated, the project would
be eligible for two additional acres of retail development.
For active open space or passive recreation areas, such as a park, tot-lot, or playfield, the developer
Page 10
is eligible for a 2:1 bonus. That is to say, if the park is 10 acres in area, the site would be eligible for
20 additional acres of retail development.
For plazas that are integrated into a retail project, the developer would be eligible for a 6:1 bonus.
Such plazas should provide a focal point (such as a fountain, statue, and water feature), seating areas,
and some weather protection. That would mean that by providing a half-acre plaza, the developer
would be eligible for three additional acres of retail development.
This guideline is not applicable as no public/quasi-public uses are proposed in the MU-R designated
area on this site.
Staff believes the proposed development plan is generally consistent with the vision of the
Comprehensive Plan as discussed above.
VI. STAFF ANALYSIS
A. D EVELOPMENT A GREEMENT M ODIFICATION (MDA)
A modification to the existing Development Agreement (DA) (Inst. #2016-0060157 – H-2016-0056),
approved in 2016, is proposed to exclude the east parcel (#S1117438451) from the agreement. A new
DA is proposed for the east parcel. This will accommodate the change in ownership of the east parcel if
the conditional use permit is approved for the multi-family development.
The existing DA includes a conceptual development plan for the west parcel (#S1117438626), which
depicts the extension of E. Cinema Dr. from the west boundary of the site to the east boundary,
intersecting with S. Wells Ave. proposed to be extended along the east boundary from E. Overland Rd.
An 85,000 square foot single-story retail building (grocery store) with associated parking is depicted on
the north side of E. Cinema Dr. and vacant land with no development plan is depicted on the south side.
At the time the original DA was approved, a use and development plan was not known for the east
parcel. Therefore, a provision was included in the DA that requires the agreement to be amended to
include a conceptual development plan that demonstrates consistency with the MU-R FLUM designation
in the Comprehensive Plan prior to any development occurring on the site.
The proposed development plan for the east parcel is a 360-unit multi-family development as shown on
the site plan in Section VIII.C. As discussed above in Section V, Staff believes the proposed plan
contributes to the mix of uses desired in the MU-R designation and provides a transition and buffer
between commercial uses to the west and the low-density residential development to the east (i.e.
Overland Way Subdivision). The addition of more residential uses in this area will provide more patrons
for surrounding commercial/retail/restaurant and office (medical/dental) businesses as well as offer
employment options in close proximity of the residents.
Staff recommends the existing DA is revised to exclude the east parcel as requested and
recommends a new provision requiring the property to be subdivided prior to submittal of any
Certificate of Zoning Compliance and Design Review applications. Staff further recommends
provisions for the new DA for the east parcel as discussed below and noted in Section IX.A.
B. P RELIMINARY P LAT
The proposed preliminary plat consists of 3 buildable lots on 34.62 acres of land in the C-G zoning
district and is proposed to develop in two (2) phases (see Section VIII.A). The first phase consists of the
extension of S. Wells Ave. to E. Cinema Dr. and includes the east parcel; the second phase consists of
the extension of E. Cinema Dr. from Wells to the west boundary of the site and includes the west parcel.
Right-of-way for the extension of S. Wells Ave. and E. Cinema Dr. is proposed to be dedicated with the
plat.
Page 11
Existing Structures/Site Improvements:
There are no existing structures on this site. The only existing site improvement is curb, gutter and a 7-
foot wide attached sidewalk along E. Overland Rd.
Dimensional Standards (UDC 11-2):
The proposed plat and subsequent development is required to comply with the dimensional standards
listed in UDC Table 11-2B-3 for the C-G zoning district. In the C-G district, there are no minimum
setback requirements; however, future buildings may not encroach within required street buffers and
residential structures must have minimum 20-foot separation between structures.
Access (UDC 11-3A-3):
Access is proposed from Overland Rd., a mobility arterial, via the extension of S. Wells Ave., a local
street that exists on the south side of Overland; E. Cinema Dr., a local street, is also proposed to be
extended from the west boundary to intersect with Wells along the east boundary of Lot 1, Block 2.
There is a 50’+/- long section of Cinema Dr. just west of the site that has not yet been constructed;
ACHD is requiring the Applicant to enter into a CDA for construction of this off-site portion with this
development and will provide reimbursement.
One access driveway is proposed via Wells in alignment with Cinema Dr. and one access driveway is
proposed to the north/south driveway north of Wells for the multi-family development; Wells is not
proposed to extend past Cinema Dr. as a public street. Several driveways are proposed to Lot 2, Block 1
and Lot 1, Block 2 via Cinema Dr.; one driveway is proposed on Lot 1, Block 2 via Wells as depicted on
the plat in Section VIII.A. The I-84 off-ramp runs along the northern boundary of the site. Direct access
via Overland Rd., except for the emergency access, and the I-84 off-ramp is prohibited. There are no
existing stub streets to this property and no stub streets are required with the subdivision.
Typically, cross-access isn’t required between multi-family developments and commercial uses;
however, if the Commission and Council feels a cross-access driveway and easement should be
provided to the MU-R designated area to the east (currently developed with single-family
residential homes) for future interconnectivity, a condition requiring such should be added. If
required, Staff recommends it be located on the northern portion of the site to Parcel
#R6744800055, which is owned by RJR Holdings and may redevelop sooner than the other
properties.
An emergency only access is proposed via E. Overland Rd. near the east boundary of the multi-family
portion of the site; access will be restricted in accord with Fire Dept. requirements.
In order to provide interconnectivity between uses in a timelier manner and disperse traffic, Staff
recommends the extension of E. Cinema Dr. from the west boundary of the site to S. Wells Ave.
occurs with the first phase of development.
Road Improvements: Additional right-of-way (ROW) is required to be dedicated to total 62-feet from
the centerline of Overland Rd. abutting the site consistent with the Capital Improvement Plan (CIP) and
Master Street Map (MSM) for Overland Rd. to be widened to 7-lanes. A dedicated westbound right-turn
lane is required to be constructed on Overland Rd. at Wells Ave. The plat should be revised to include
the additional ROW dedication and right-turn lane; the street buffer shall be located outside of the
ultimate ROW for these improvements.
When Wells is constructed to intersect Overland Rd., a dedicated westbound right-turn lane on Overland
is required to be constructed; additional right-of-way should be dedicated to accommodate the turn-lane.
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No additional street improvements should be required as part of this application (see Section IX.J for
more information).
Pathways (UDC 11-3A-8):
There are no multi-use pathways depicted on the Pathways Master Plan for this site. A 10-foot wide
pathway is proposed as an amenity for the multi-family development on Lot 1, Block 1 that loops around
the property through the street buffers along I-84 and S. Wells Ave. and connects to the sidewalk along
E. Overland Rd.
Sidewalks (UDC 11-3A-17):
Sidewalks are required to be constructed adjacent to all public streets as set forth in UDC 11-3A-17.
Detached sidewalks are required along arterial and collector streets; attached sidewalks are required
along local streets.
Because the existing 7-foot wide attached sidewalk along Overland Rd. is in good condition, Staff does
not recommend replacement with a new detached sidewalk; however, if/when it’s replaced in the future,
a detached sidewalk should be constructed. Attached sidewalks are depicted on the landscape plan along
E. Cinema Dr. and S. Wells Ave., both local streets; the landscape plan submitted for the CUP
application depicts a meandering detached sidewalk along Wells – this discrepancy should be
corrected.
Landscaping (UDC 11-3B):
Street buffer landscaping is required to be provided with the subdivision in accord with the widths
specified in UDC Table 11-2B-3 for the C-G zoning district and planted in accord with the standards
listed in UDC 11-3B-7C. A landscape plan was submitted for the proposed subdivision landscaping,
included in Section VIII.B.
Required street buffer widths are as follows: 25-feet along E. Overland Rd., an arterial street; 10-feet
along S. Wells Ave. and E. Cinema Dr., both local streets; and 35-feet along the I-84 off-ramp, an
entryway corridor. Street buffer widths are proposed on the landscape plan in accord with these
standards. The plan is missing the street buffer along I-84 on the west parcel (Lot 2, Block 1); the
plan should be revised to include this buffer.
The number of trees proposed in buffers meets the minimum standard; however, a mix of trees
and shrubs with lawn or other vegetative groundcover is required – shrubs should be added to the
buffers in accord with UDC 11-3B-7C.3a. Street buffers are required to be placed in a common lot
or on a permanent dedicated buffer, maintained by the property owner or business owners’
association; the plat should be revised accordingly.
Waterways (UDC 11-3A-6):
There are no large waterways that cross this site. There is a ditch that runs along the east and north
boundaries of the eastern parcel, which is required to be piped or otherwise covered in accord with UDC
11-3A-6B.3. This ditch provides water to downstream users. A 10-foot wide ITD irrigation easement is
depicted on the plan along the north boundary of the east parcel; no structures should encroach within
this easement; if an open ditch exists within the easement, it should be piped.
Utilities (UDC 11-3A-21):
Connection to City water and sewer services is required in accord with UDC 11-3A-21. Sewer and water
services are available in Overland Rd.; service stubs should be provided to the properties to the east and
west. Street lighting is required to be installed in accord with the City’s adopted standards, specifications
and ordinances.
Pressurized Irrigation System (UDC 11-3A-15):
Underground pressurized irrigation water is required to be provided to each lot within the subdivision as
set forth in UDC 11-3A-15.
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Storm Drainage (UDC 11-3A-18):
An adequate storm drainage system is required in all developments in accord with the City’s adopted
standards, specifications and ordinances. Design and construction shall follow best management practice
as adopted by the City as set forth in UDC 11-3A-18. A geotechnical investigation report was submitted
with this application.
C. C ONDITIONAL U SE P ERMIT FOR M ULTI-F AMILY D EVELOPMENT
Conditional use permit for a multi-family development consisting of 360 residential units \[(180) 1-
bedroom & (180) 2- to 3-bedroom units\] on 15.89 acres of land in the C-G zoning district at a gross
density of 22.6 units per acre. A total of (10) 2- and 3-story structures are proposed with 36 dwelling
units per building, ranging in size from 488 to 1,328 square feet. This development is proposed to be
constructed in one phase.
Specific Use Standards (UDC 11-4-3):
The proposed use is subject to the following standards: (Staff’s analysis/comments in italic text)
11-4-3-27: MULTI-FAMILY DEVELOPMENT:
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. The proposed
site plan complies with this standard.
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
not visible from a public street; all proposed transformer/utility vaults and other service areas
shall comply with this requirement.
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 access ways 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
Applicant’s narrative states a minimum of 80 square feet of private usable open space will be
provided for each unit in the form of balconies and patios. Floor plans should be submitted
with the Certificate of Zoning Compliance application that demonstrate compliance with this
standard.
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. The Applicant
shall comply with this requirement.
6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to All
Districts", of this title. The proposed parking meets and exceeds UDC standards (see parking
analysis below).
7. Developments with twenty (20) units or more shall provide the following:
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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 map of the development at an entrance or convenient location for those
entering the development. (Ord. 18-1773, 4-24-2018)
The Applicant’s narrative states these items will be provided; the site plan submitted with the
Certificate of Zoning Compliance application should depict the location of these items in
accord with this standard.
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. 15 units contain less than 500 square feet (s.f.) of living area;
therefore, a total of 2,250 s.f. (or 0.05-acre) is required.
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. 315 units
are between 500 and 1,200 s.f.; therefore, a total of 78,750 s.f. (or 1.81-acres) of common
open space is required.
c. Three hundred fifty (350) square feet for each unit containing more than one thousand two
hundred (1,200) square feet of living area. 30 units contain more than 1,200 s.f.; therefore,
10,500 s.f. (or 0.24-acre) of common open space is required.
At a minimum, a total of 91,500 s.f. (or 2.10-acre) of outdoor common open space is required to
be provided in the proposed development. A total of 165,485 square feet (or 3.8-acres) is
proposed to be provided consisting of linear open space with a loop pathway, courtyard amenity
space, a dog park, community center and swimming pool, as shown in Section VIII.E, in accord
with UDC standards.
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'). The common open space areas
depicted on the open space exhibit in Section VIII.E meet this requirement.
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 develop in one 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, eff. retroactive to 2-4-2009) All of the common open
space area is proposed central to the development except for linear open space along I-84 and
S. Wells Ave. where a 10-foot wide pathway is proposed. Because the site already complies with
the open space standards without this area and because a pathway amenity is proposed within
these areas, Staff is supportive of inclusion of these areas in the open space calculations.
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:
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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.
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. 05-1170, 8-30-2005, eff. 9-15-2005)
Based on 360 proposed units, a minimum of 5 amenities are required but the decision-making
body is authorized to consider additional similar amenities if they believe the proposed
amenities aren’t adequate for the size of the development. The following amenities are proposed
from each category: a clubhouse with a swimming pool, bike maintenance room, fitness
facilities, parcel lockers, remote work/classroom stations, and a coffee bar; an outdoor fireplace
with a seating and a BBQ; public art; half-mile pedestrian loop with a 10-foot wide pathway
and internal pathways; (18) grassy areas of at least 50’ x 50’ in size, including a dog park,
multiple courtyards, park areas with seating, a plaza and pocket libraries; community garden;
and a children’s play structure.
E. Landscaping Requirements:
1. Development shall meet the minimum landscaping requirements in accord with chapter 3,
"Regulations Applying to All Districts", of this title.
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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 (3') 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 submitted with the Certificate of Zoning Compliance application should
depict landscaping along the street facing elevations adjacent to E. Overland Rd. and S. Wells
Ave. in accord with these standards.
F. Maintenance and Ownership Responsibilities: All multi-family developments shall record legally
binding documents that state the maintenance and ownership responsibilities for the management of
the development, including, but not limited to, structures, parking, common areas, and other
development features. The Applicant shall comply with this requirement.
Landscaping (UDC 11-3B):
Street buffer landscaping is required to be provided with the subdivision improvements as noted above in
Section VI.B. The site and landscape plans should be revised to include the additional ROW
dedication and right-turn lane for Overland Rd.; the street buffer shall be located outside of the
ultimate ROW for these improvements.
Landscaping is required to be provided along pathways per the standards listed in UDC 11-3B-12C. A
mix of trees, shrubs, lawn and/or other vegetative ground cover with a minimum of one (1) tree
per 100 linear feet of pathway is required along the pathway within the buffer along the I-84 off-
ramp.
A 25-foot wide buffer planted with trees is proposed along the east boundary to existing low-density
single-family residential homes. Structures are set back over 100 feet from the shared property line and
the existing homes are set back on average of 250 feet from the property line, creating approximately
350 feet of separation between uses. The proposed buffer will provide added screening in this area in
addition to mature trees on adjacent residential properties.
Because residential uses are proposed adjacent to I-84, noise abatement is required to be provided
within the buffer along I-84 in accord with the standards listed in UDC 11-3H-4D. Noise abatement
in the form of a berm or a berm and wall combination shall be provided approximately parallel to the
freeway. The top of the berm or berm/wall shall be a minimum of 10-feet higher than the elevation at the
centerline of the freeway. The Applicant is not proposing to construct a berm and/or wall as required and
requests alternative compliance to this standard.
Alternative compliance (ALT) to the noise abatement standards is requested because the buildings
along the northern boundary of the site are set back at least 250-feet from the freeway. A letter
was submitted from a qualified sound engineer with an alternate recommendation for noise
abatement in the form of double-paned windows for all units facing I-84 and the off-ramp and
minimizing the number of window openings facing the freeway.
The letter states that in his opinion, double-paned windows are preferable to a wall and will
provide adequate noise abatement for this site for the following (summarized) reasons: 1) the site
is too distant from I-84 for a wall to be effective – the further a potential noise receptor is from the
noise source, the more community noise becomes a factor; 2) the elevation difference and terrain
features cover up the tires of the vehicles from both I-84 and the eastbound off-ramp which
benefits the ground floor of the apartments – the terrain provides sufficient mitigation for tire
noise; 3) ITD noise policy doesn’t contemplate any mitigation for second or third floors of
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receptors in an apartment complex – noise walls are typically not feasible from an engineering
basis and a cost basis. Storm windows will provide a 25-dB reduction as compared to a 7dB
reduction with a noise wall and provides a more cost effective and superior noise mitigation option
than a wall. See the Applicant’s narrative, Exhibit B, for this information (pgs. 16-18).
Based on the analysis from the sound engineer, the Director is supportive of the request for ALT
for double-pane storm windows to be provided in all units within the development. ITD has
approved the request.
Parking: Off-street vehicle parking is required for the proposed multi-family dwellings as set forth in
UDC Table 11-3C-6. Based on (180) 1-bedroom units and (180) 2- and 3-bedroom units, a minimum of
630 off-street spaces are required with 270 of those being in a covered carport or garage. Off-street
parking is required for the clubhouse as set forth in UDC 11-3C-6B.1 for non-residential uses. Based on
7,900 square feet, a minimum of 16 spaces are required to be provided. Overall, a minimum of 646
spaces are required.
A total of 655 spaces are proposed for the overall site with 360 of those being in covered carports,
which is 9 extra spaces over the minimum required for the overall site. Although the proposed
parking meets the minimum standards, Staff is concerned there may not be adequate parking for
the site to accommodate guests. The Commission and Council should determine if additional
parking should be provided as a condition of approval of the CUP.
Bicycle parking is required per the standards listed in UDC 11-3C-6G and should comply with the
standards listed in UDC 11-3C-5C. One bicycle parking space is required for every 25 proposed vehicle
parking spaces or portion thereof. Based on 655 spaces, a minimum of 27 spaces are required; a total of
36 spaces are proposed in excess of UDC standards. Bike racks should be provided in central locations
for each building as proposed.
Fencing: No fencing is depicted on the landscape plan for this development. A 6-foot tall wood fence
exists along the southern portion of the east boundary on the adjacent residential property; Staff is unsure
what other fencing may exist to the north of that at the rear of residential properties. A fence is also
depicted on the plat along the northern boundary of the east parcel. The Applicant states a privacy
fence is proposed along the east boundary of the site; materials and sizing to be determined
pending meeting with neighbors and project approval from the City. Staff recommends prior to
the City Council hearing details of the proposed fencing type are submitted.
Building Elevations (UDC 11-3A-19 | Architectural Standards Manual):
Conceptual building elevations in a “contemporary farmhouse” theme were submitted for the proposed
residential structures on the site as shown in Section VIII.F. Two- and three-story rooflines with hip
roofs and steep gables are proposed consistent with the “farmhouse” style. Building materials consist of
a combination of vertical board and batten siding, stucco and decorative balcony rails along with varied
color schemes. Stairways are concealed from public view. “L” shaped buildings are proposed for variety
to soften the massing of the architecture and provide private pocket parks for each building.
An administrative Design Review application is required to be submitted for approval of the
design of all of the multi-family structures and the clubhouse prior to submittal of building permit
application for those structures. An application for Certificate of Zoning Compliance is also
required to be submitted along with the Design Review application.
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VII. DECISION
A. Staff:
Staff recommends approval of the proposed modification to the existing Development Agreement,
Preliminary Plat and Conditional Use Permit per the provisions included in Section IX in accord with the
Findings in Section X.
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VIII. EXHIBITS
A. Preliminary Plat (date: 02/4/2021) & Phasing Plan
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B. Landscape Plan for Preliminary Plat (dated: 3/31/21)
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C. Site Plan for Multi-Family Portion of Development (date: 1/14/2020)
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D. Landscape Plan for Multi-Family Development (CUP) (dated: 11/24/20)
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E. Qualified Open Space (dated: 11/24/20) & Amenity Exhibits
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F. Conceptual Building Elevations & Renderings for Multi-Family Structures & Clubhouse
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G. Legal Description for Property at 2600 E. Overland Rd.
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H. Legal Description for Property at 2700 E. Overland Rd.
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IX. CITY/AGENCY COMMENTS & CONDITIONS
A. P LANNING D IVISION
Development Agreement Modification:
1. The existing Development Agreement (DA) (Inst. #2016-060157) shall be amended to exclude the
east parcel (#S1117438451) from the agreement and to include the following additional provision:
a. The subject property shall be subdivided prior to submittal of any Certificate of Zoning
Compliance and Design Review applications for the site.
The amended DA shall be signed by the property owner(s) and returned to the City within six (6)
months of City Council granting the subject modification.
New Development Agreement:
2. A new Development Agreement (DA) shall be required for the east parcel (#S1117438451) that shall
include the site plan in Section VIII.C and the following provisions:
a. Development of the site shall be generally consistent with the conceptual development plan,
landscape plan, qualified open space/amenities exhibit and building elevations included in
Section VIII and shall comply with the provisions contained herein.
b. All structures in the multi-family development shall comply with the design standards listed in
the Architectural Standards Manual. An administrative Design Review application is required to
be submitted and approved for the structures within this development prior to submittal of
building permit applications for these structures. An application for Certificate of Zoning
Compliance is also required to be submitted along with Design Review application for approval
of the proposed use and site design.
d. The subject property shall be subdivided prior to submittal of any Certificate of Zoning
Compliance and Design Review applications for the overall site.
e. The traffic signal at the E. Overland Rd./S. Wells Ave. intersection shall be installed prior to
issuance of the first Certificate of Occupancy for the multi-family development as deemed
warranted by the Traffic Impact Study.
The DA shall be signed by the property owner(s) and returned to the City within six (6) months of
City Council granting the subject modification.
Preliminary Plat:
3. The final plat shall include the following revisions:
a. All street buffers are required to be placed in a common lot or on a permanent dedicated buffer,
maintained by the property owner or business owners’ association, as set forth in UDC 11-3B-
7C.2b.
b. Depict the street buffer along E. Overland Rd. outside of the ultimate right-of-way for the
widening of Overland to 7-lanes.
c. The extension of E. Cinema Dr. shall be included in the first phase of development.
4. The landscape plan included in Section VIII.B shall be revised as follows:
a. Landscaping is required to be provided adjacent to the pathway within the buffer along the I-84
off-ramp per the standards listed in UDC 11-3B-12C. A mix of trees, shrubs, lawn and/or other
vegetative ground cover with a minimum of one (1) tree per 100 linear feet of pathway is
required.
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b. Depict a minimum 35-foot wide street buffer along the I-84 off-ramp on Lots 1 and 2, Block 1 in
accord with UDC Table 11-2B-3, landscaped per the standards in UDC 11-3B-7C.
c. Include shrubs (along with the trees and lawn or other vegetative groundcover) in the proposed
street buffers as set forth in UDC 11-3B-7C.3a.
d. Street buffers are required to be placed in a common lot or on a permanent dedicated buffer,
maintained by the property owner or business owners’ association as set forth in UDC 11-3B-
7C.2.
e. Depict the street buffer along E. Overland Rd. outside of the ultimate right-of-way for the
widening of Overland to 7-lanes.
f. Depict a detached sidewalk within the street buffer along the east side of S. Wells Ave.
consistent with that shown on the landscape plan associated with the conditional use permit.
Conditional Use Permit:
5. The multi-family development shall have an ongoing obligation to comply with the specific use
standards listed in UDC 11-4-3-27.
6. For each of the multi-family units, a minimum of eighty (80) square feet of private, usable open
space shall be provided for each unit as set forth in UDC 11-4-3-27B.3. This requirement can be
satisfied through porches, patios, decks, and/or enclosed yards. Floor plans with square footage
noted for patios and balconies shall be submitted with the Certificate of Zoning Compliance
application that demonstrate compliance with this standard.
7. The multi-family development shall record a legally binding document that states the maintenance
and ownership responsibilities for the management of the development, including, but not limited to,
structures, parking, common areas, and other development features as set forth in UDC 11-4-3-27F.
A recorded copy of said document shall be submitted to the Planning Division prior to issuance
of the first Certificate of Occupancy for the development.
8. Comply with building code requirements for separation between structures within the development.
9. The Applicant’s request for Alternative Compliance to the noise abatment standards listed in UDC
11-3H-4D is approved by the Director. Double-pane storm windows shall be provided in all units
within the development as alternative compliance consistent with the sound engineer’s
recommendation. Confirmation of ITD’s approval was submitted.
10. The site and/or landscape plan submitted with the Certificate of Zoning Compliance shall be revised
as follows:
a. Depict the locations of the property management office, maintenance storage area, central
mailbox location (including provisions for parcel mail, that provide safe pedestrian and/or
vehicular access), and a directory and map of the development at an entrance or convenient
location for those entering the development in accord with UDC 11-4-3-27B.7.
b. All transformer and utility vaults and other service areas shall be located in an area not visible
from a public street, or shall be fully screened from view from a public street in accord with
UDC 11-4-3-27B.2.
c. Depict landscaping along the foundations of all street facing elevations adjacent to E. Overland
Rd. and S. Wells Ave. as set forth in UDC 11-4-3-27E.2.
d. Include a detail of the outdoor fireplace, BBQ, public art and children’s play structure.
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e. Depict a gate across the emergency access driveway from Overland Rd. as required by the Fire
Dept.
B. P UBLIC W ORKS
1. Site Specific Conditions of Approval
1.1 No Permanent structures (buildings, carports, trash receptacle walls, fences, infiltration trenches,
light poles, etc.) can be built within the utility easement.
1.2 There needs to be a water easement from the deadend water main to the eastern property line at
both the northeast deadend and the central east deadend for future connection.
1.3 A street light plan will need to be included in the final plat application. Street light plan
requirements are listed in section 6 of the City's Design Standards.
2. General Conditions of Approval
2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to provide
service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover
from top of pipe to sub-grade is less than three feet than alternate materials shall be used in
conformance of City of Meridian Public Works Departments Standard Specifications.
2.2 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 11” map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document. All easements must be
submitted, reviewed, and approved prior to development plan approval.
2.4 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, laterals, 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 performing such work, the applicant shall comply with Idaho Code 42-1207
and any other applicable law or regulation.
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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 (208)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 recorded, prior to applying for building permits.
2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, etc., prior to signature on the final plat.
2.11 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 fill material.
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 http://www.meridiancity.org/public_works.aspx?id=272.
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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. F IRE D EPARTMENT
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=225401&dbid=0&repo=MeridianCity
D. P OLICE D EPARTMENT
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=223900&dbid=0&repo=MeridianCity
E. C OMMUNITY P LANNING A SSOCIATION OF S OUTHWEST I DAHO (COMPASS)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=224575&dbid=0&repo=MeridianCity
F. N AMPA & M ERIDIAN I RRIGATION D ISTRICT (NMID)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=224333&dbid=0&repo=MeridianCity
G. C ENTRAL D ISTRICT H EALTH D EPARTMENT (CDHD)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=223473&dbid=0&repo=MeridianCity
H. D EPARTMENT OF E NVIRONMENTAL Q UALITY (DEQ)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=223532&dbid=0&repo=MeridianCity
I. W EST A DA S CHOOL D ISTRICT (WASD)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=224862&dbid=0&repo=MeridianCity
J. A DA C OUNTY H IGHWAY D ISTRICT (ACHD)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=224820&dbid=0&repo=MeridianCity
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X. FINDINGS
A. Preliminary Plat (UDC 11-6B-6)
In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-
making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005)
1. The plat is in conformance with the comprehensive plan and is consistent with this unified
development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008)
Staff finds the proposed plat is generally in conformance with the UDC if the Applicant complies
with the Development Agreement provisions and conditions of approval in Section VIII.
2. Public services are available or can be made available ad are adequate to accommodate the proposed
development;
Staff finds public services can be made available to the subject property and will be adequate to
accommodate the proposed development.
3. The plat is in conformance with scheduled public improvements in accord with the city's capital
improvement program;
Staff finds the proposed plat is in substantial conformance with scheduled public improvements in
accord with the City’s CIP.
4. There is public financial capability of supporting services for the proposed development;
Staff finds there is public financial capability of supporting services for the proposed development.
5. The development will not be detrimental to the public health, safety or general welfare; and
Staff finds the proposed development will not be detrimental to the public health, safety or general
welfare.
6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30-2005,
eff. 9-15-2005)
Staff is unaware of any significant natural, scenic or historic features that need to be preserved
with this development.
B. Conditional Use Permit (UDC 11-5B-6E)
The Commission shall base its determination on the Conditional Use Permit requests 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.
Staff finds that the subject property is large enough to accommodate the proposed use and
dimensional and development regulations of the C-G district (see Analysis, Section V for more
information).
2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with
the requirements of this Title.
Staff finds that the proposed use is consistent with the future land use map designation of MU-C and
is allowed as a conditional use in UDC Table 11-2B-2 in the C-G zoning district.
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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.
Staff finds the proposed design of the development, construction, operation and maintenance should
be compatible with the mix of other uses planned for this area and with the intended character of the
area and that such uses will not adversely change the character of the 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.
Staff finds that if the applicant complies with the conditions outlined in this report, the proposed use
will not adversely affect other property in the area. The Commission should weigh any public
testimony provided to determine if the development will adversely affect other properties 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.
Staff finds that essential public services are available to this property and that the use will be
adequately served by these facilities.
C. Alternative Compliance (UDC 11-5B-5):
In order to grant approval of an alternative compliance application, the Director shall determine the
following:
1. Strict adherence or application of the requirements is not feasible; OR
The Director finds strict adherence to the standards listed in UDC 11-3H-4D is feasible although
not entirely effective due to the height of the proposed structures.
2. The alternative compliance provides an equal or superior means for meeting the requirements; and
The Director finds the proposed alternative compliance of providing double-pane storm windows on
all units as noise abatement to the traffic on I-84 provides a superior means for meeting the
requirements in UDC 11-3H-4D.
3. The alternative means will not be materially detrimental to the public welfare or impair the intended
uses and character of the surrounding properties.
The Director finds that the proposed alternative means will not be detrimental to the public welfare
or impair the intended use/character of the surrounding properties.
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