Rackham East Subdivision H-2021-0075 (2022-026383) ADA COUNTY RECORDER Phil McGrane 2022-026383
BOISE IDAHO Pgs=69 BONNIE OBERBILLIG 03/16/2022 09:47 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: I City of Meridian
2. BVA Rolling Hills No. 1, LLC, Owner
3. Brighton Development, Inc.,Developer
THIS DEVELOPMENT AGREEMENT(this Agreement),is made and entered into
this 15th day of March 2022, by and between City of Meridian, a municipal
corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway
Avenue,Meridian,Idaho 83642 and BVA Rolling Hills No.1,LLC,whose address is 2929 W.
Navigator Dr., Ste. 400, Meridian, ID 83642, hereinafter called OWNER and Brighton
Development,Inc.,whose address is 2929 W.Navigator Drive, Ste 400,Meridian,ID 83642,
hereinafter called DEVELOPER.
I. RECITALS:
1.1 WHEREAS, Owner is the sole owner, in law and/or equity,of certain tract
of land in the County of Ada,State of Idaho,described in Exhibit"A",which
is attached hereto and by this reference incorporated herein as if set forth in
full, herein after referred to as the Property; and
1.2 WHEREAS,Idaho Code§67-6511 A provides that cities may,by ordinance,
require or permit as a condition of zoning that the Owner and/or Developer
make a written commitment concerning the use or development of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-513-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re-zoning of
land; and
1.4 WHEREAS, Owner and/or Developer has requested annexation of 25.76
acres of land with a C-G (General Commercial) and R40 (High Density
Residential)zoning districts on the property listed in Exhibit"A"under the
Unified Development Code,which generally describes how the Property will
be developed and what improvements will be made;and
1.5 WHEREAS, Owner and/or Developer made representations at the public
hearings before the Meridian City Council and the Meridian Planning and
DEVELOPMENT AGREEMENT—RAcKHAm EAST SUBDIVISION(H-2021-0075) PAGE 1 OF 9
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Zoning Commission, as to how the Property will be developed and what
improvements will be made; and
1.6 WHEREAS, the record of the proceedings held before 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 22"d day of February, 2022, 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 and/or Developer to enter into a
Development Agreement before the City Council takes final action on final
plat; and
1.9 WHEREAS,Owner/Developer deem 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 and/or 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.
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3.2 OWNER: means and refers to BVA Rolling Hills No. 1, LLC, whose
address is 2929 W.Navigator Dr., Ste. 400, Meridian, ID 83642 hereinafter
called OWNER, the party that owns said Property and shall include any
subsequent owner(s))of the Property.
3.3 DEVELOPER: means and refers to Brighton Development, Inc.,whose
address is 2929 W.Navigator Drive,Ste 400,Meridian,ID 83642 hereinafter
called DEVELOPER,the party that owns said Property and shall include any
subsequent developer(s) of the Property.
3.4 PROPERTY: means and refers to that certain parcel(s)of Property located
in the County of Ada,City of Meridian as in Exhibit"A"describing a bound
by this Development Agreement and attached hereto and by this reference
incorporated herein as if set forth at length.
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. Owners/ Developer shall develop the Property in accordance with the
following special conditions:
a. Development of the subject property shall be generally consistent with the
preliminary plat, landscape plan, phasing plan, conceptual development plan,
pedestrian circulation plan and conceptual building elevations submitted with the
application contained herein.
b. The two (2) office buildings proposed on the northern portion of the site shall be
arranged to create some form of common, usable gathering area, such as a plaza or
green space in accord with the mixed-use guidelines in the Comprehensive Plan(see
pg. 3-13).
c. Provide a pedestrian pathway within the street buffer along 1-84 as depicted on the
conceptual development plan with landscaping along the pathway as set forth in UDC
11-3B-12C. Also provide internal pedestrian walkways throughout the site for
interconnectivity;where pedestrian walkways cross vehicular use areas they shall be
distinguished through the use of pavers, colored or scored concrete, or bricks as set
forth in UDC 11-3A-19B.4.
d. All future structures constructed on this site shall comply with the design standards in
DEVELOPMENT AGREEMENT—RACKHAM EAST SUBDIVISION(H-2021-0075) PAGE 3 OF 9
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the Architectural Standards Manual.
e. The final plat shall be recorded or the existing PUDI easements and right-of-way for
S. Rolling Hill Dr. shall be vacated and a property boundary adjustment application
approved to consolidate the existing lots into one(1)parcel prior to submittal of any
building permit applications for the site.
f. Compliance with the specific use standards listed in UDC 11-4-3-27:Multi-Family
Development, is required.
g. Access for the project shall be provided via S. Silverstone Way from E. Overland
Rd.;emergency only access shall be provided via Rolling Hill Dr.Note: With review
of future projects to the south, Rolling Hill Dr. may be opened back up for public
access to this site as determined by the City and ACHD.
h. Construction traffic for the proposed development shall access the site from the west
via Silverstone Way rather than from S. Rolling Hill Dr. as committed to by the
Applicant.
i. The out-parcel (Parcel#S 1 1 1 6427890)along the northern boundary of the site shall
be annexed into the City within one (1) year of recordation of the Development
Agreement;the western C-G zoned portion of the multi-family development shall be
rezoned to R-40 at the same time.
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 parry'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 and/or Developer's default
of this Agreement,Owners/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 and/or Developer that is not
cured after notice as described in Section 7.2,Owner and/or 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
DEVELOPMENT AGREEMENT-RACKHAM EAST SUBDIVISION(H-2021-0075) PAGE 4 OF 4
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applicable laws,ordinances and rules,including any applicable provisions of
Idaho Code §§ 67-6509 and 67-6511. Owner and/or Developer reserve 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 and/or 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 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 and/or 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 and/or 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 and/or 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 and/or 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.
11. 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 and/or 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
DEVELOPMENT AGREEMENT—RACKHAM EAST SUBDIVISION(H-2021-0075) PAGE 5 OF 9
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City, or sufficient surety of performance is provided by Owner and/or Developer to the City in
accordance with Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owners and/or 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 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:
BVA Rolling Hills No. 1,LLC Brighton Development,Inc.
2929 W.Navigator Dr., Ste. 400 2929 W. Navigator Dr., Ste. 400
Meridian, ID 83642 Meridian, ID 83642
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 the Owner and/or 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 and/or Developer, to execute
appropriate and recordable evidence of termination of this Agreement if City, in its sole and
DEVELOPMENT AGREEMENT—RACKHAM EAST SUBDIVISION(H-2021-0075) PAGE 6 OF 9
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reasonable discretion, had determined that Owner and/or Developer have 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.
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 and/or 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 and/or 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 of the 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—RACKI{AM EAST SUBDIVISION(H-2021-0075) PAGE 7 OF 9
Page172
ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER: DEVELOPER:
BVA Rolling Hills No. 1, LLC Brighton Development, Inc.
By: By: VnL17. +�ard l e--
Its: eN t
CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Simison 3-15-2022 Chris Johnson, City Clerk 3-15-2022
By Brad Hoaglun, Council President
STATE OF 1DAHO )
ss:
County of Ada )
On this day of ,202,before me,the undersigned,a Notary Public in and for said State,
personally appeared known or identified to me to be the
of BVA Rolling Hills No.1,LLC,and the person who signed above and acknowledged to
me that he executed the same on behalf of said 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.
Notary Public for
Residing at:
My Commission Expires:
STATE OF IDAHO }
ss:
County of Ada )
On this L-F�day of )a6tG , 2022, before me, the undersigned, a Notary Public in and for said
State,�p ersonally appeared ,IL �u ILci4(e— known or identified to me to be the
of Brighton Development,Inc.,and the person who signed above and acknowledged to
me that he executed the same on behalf of said 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.
SHARIVAUGHAN
Notary Public-State of Idaho Notary Public for (11 o
Commission Number 201B1002 Residing at:
My Commission Expires Jun 1, 2024 My Commission xpires: — oZ0o2�
DEVELOPMENT AGREE KHAM EST AGREEMENT—RACA Sl}IiblvIsloN(H-2021-0075) PAGE 8 OF 9
STATE OF IDAHO )
ss
County of Ada )
On this 15th day of March ,2022,before me,a Notary Public,personally appeared Brad Hoaglun
i and Chris Johnson, known or identified to me to be council and Clerk, respectively, of the City of
Meridian, who executed the instrument or the person that execu e'dle 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.
(SEAL) Notary Public for Idaho
Residing at: Meridian, Idaho
Commission expires: 3-28-2022
DEVELOPMENT AGREEMENT—RACKHAM EAST SUBDIVISION(H-2021-0075) PAGE 9 OF 9
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BVA ROLLING HILLS
BVA Rolling Hills No. 1,LLC,
an Idaho limited liability company
By: BV Management Services,Inc.
an Idaho corporation, a Executi�Manager
By:
Cortney Vddiard, Pre 'dent
Date: �, Z
STATE OF IDAHO )
) ss.
County of C CIIL )
Z
This record was acknowledged before me on this 2 day of 2029',by Cortney
Liddiard,as President of BV Management Services,Inc.,the Idaho corporation that is an Executive
Manager of BVA Rolling Hills No. 1,LLC
CE-CE G TALLEY
Notary public-State of Idaho
P� Commission Number 63848 Notary Pu6lic fo'Idaho
My Commission Expires Jun 27,2026 [D
Residing at l
My commis ' n expires to . Z7.Zia
4861-50984978,v.1
Page175
Item#10.
BVA ROLLING HILLS
BVA Rolling Hills No. 1, LLC,
an Idaho limited liability company
By: BRIGHTON CORPORATION
an Idaho corporation, the xecutive Manager
By:
Robert L. hillips, President
Date: 3 ! 1Qb a Q.
STATE OF IDAHO )
) ss.
County of dA- )
This record was acknowledged before me on this �day of YO&,re-t 2022, by Robert
L. Phillips, as President of Brighton Corporation, the Idaho corporation that is an Executive
Manager of BVA Rolling Hills No. 1, LLC.
r
)A , , Zk
Notary Public for IdaheJ
Residing at F (e �
SHARE VAUGHAN My commission expires �n 1-aDa4-
Notary Pubtic-State of Idaho
Commission Number 20181002
My Commission Expires Jun 1, 024
4861-5098-4978,v. 1 Page 176
Item#10.
EXHIBIT A
6"
E N G 1 N E E R I N 3
February 8,2022
Project No.20-219
Exhibit A
Legal Description for Annexation
Eagle View Landing
A parcel of land being Lots 13 through 16,Block 1, Lots 8 through 12,Block 2 of Rolling Hill Subdrvision
(Book 18 of Plats at Page 1,202,regards of Ada County,Idaho)and unplatted land situated in a portion
of the Northwest 114 of the Southeast 1/4 of Section 16,Township 3 North,Range 1 East,B.M.,Ada
County, Idaho being more particularly described as follows:
Commencing at an aluminum cap marking the Center 1/4 corner of said Section 16,which hears
N00`05'15"W a distance of 2,653.59 feet from a brass cap marking the South 1/4 corner of said Section
16,thence following the westerly line of said Northwest 1/4 of the Southeast 1/4,S00'05'15"E a
distance of 227.22 feet to a 5/8-inch rebar on the southerly right-of-way line of Interstate 84 and being
the POINT OF BEGINNING.
Thence leaving said westerly line and following said southerly right-of-way line,589°34'32"E a distance
of 672.76 feet;
Thence leaving said southerly right-of-way line,500'00'07"E a distance of 14.37 feet;
Thence S89°15'23"E a distance of 478.72 feet to the westerly boundary of Ironwood Subdivision No.3
(Book 77 of Plats at Page 8,098,records of Ada County, Idaho)and the centerline of the Ridenbaugh
Canal;
Thence following said westerly boundary and said centerline the following two(2)courses:
1. S12°52'54"W a distance of 489.50 feet;
2. S14°05'22"W a distance of 627.49 feet to a 5/9-inch rebar on the southerly line of said
Northwest 1/4 of the Southeast 1/4;
Thence leaving said westerly houndary and said centerline and following said southerly line,
N89°14'19"W a distance of 887.95 feet to the Southwest corner of said Northwest 1/4 of the Southeast
1/4(Center-South 1/16 corner);
Thence leaving said southerly line and following the westerly line of said Northwest 1/4 of the Southeast
1/4, N00'05'15"W a distance of 1099.57 feet to the POINT OF BEGINNING.
Said parcel contains a total of 2 5.7 6 acres,more or less.
Attached hereto is Exhibit B and by this reference is made a part hereof.
4 �
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5725 North discovery Way•Boise,Idaho 83713•208.639.6939• kmengllp.cam
Rackham East— H-2021-0075 Page 177
Item#10.
EXHIBIT A
POINT OF COMMENCEMENT
FOUND ALUMINUM CAP
CENTER 1/4 CORNER SECTION 15
S00`05'15"E
227,22' (TIE) Interstate 84 S00°00'07"E
POINT OF BEGINNING }
589'34'32"E 572.76' SB9°15'23"E 478.72`
Parcel Parcel
R7555000280 51115427950 CID
Parcel tt
R7555000160
9•2
M Parcel '
'— R7555000270
ru Annexation Area; 25.76#AC. c4
ce n
m IUDParcel Parcel Llnpiatted
vi 0•m R7555000261
m
Z o R7555000151
N Parcel a
m Parcel = 5111642301G So
o 97555000265 �a
r r Centerline of
0 Parcel
o Parcel R7555000155 RidenbCanal
Q o R7555000251
z � o
m Parcel
Parcel
R7555000255
R7555000140 +ti'
s= �
m .L
Parcel ;
R7555000240 Parcel
R7555000130
S0Q'05'15"E N89'14'19"W 537,95'
132&SO' (TIE) Rolling Hill
Jewel Subdivision
Subdivision FOUND BRASS GAP
SOUTH 1/4 CORNER SECTION 16
0 200 404 600
Im (k Plan Scale: 1" =200'
E N G I N E E R I N G
5725 NORTH MCOVEay WAY
BOISE,IOAH❑93713
PHONE 12U1 639-6939 Exhibit B-Annexation
kmen¢Ilp,com Eagle View Landing
DATE: Fe b-m a ry 2022
PROJ ECr; 2o-214
SHEET: Lots 13-16, Black 1, Lots 8-12, Black 2 and unplatted land in a portion of the
1 NW 114 of the 5E 1/4 of Sec. 16,T3N,, R1E,, S.M., Ada County, Idaho
Rackham East— H-2021-0075 Page 178
ttem#�o. EXHIBIT B
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW (:>WEIIty
AND DECISION & ORDER
In the Matter of the Request for Annexation and Zoning of 25.76 acres of Land with a C-G
Zoning District; Preliminary Plat Consisting of Two (2) Multi-Family Residential Building
Lots and Six (6) Commercial Building Lots on 29.7 Acres of Land; and Conditional Use
Permit for a Multi-Family Development Consisting of396 Units on 15.94 Acres of Land in
the Proposed C-G Zoning District for Eagle View Apartments,by Brighton Development, Inc.
Case No(s). H-202I-0075
For the City Council Hearing Date of: February 8,2022 (Findings on February 22, 2022)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of February 8. 201-2, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of February S,2022, incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of February 8,
2022, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of February 8,2022, incorporated by reference)
B. Conclusions of Law
I. 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 1 I 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 RACKHAM EAST AZ PP EAGLE VIEW APARTM> NTS CUP H-2021-0075
-I- Page 179
Item#10.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of February 8,2022,incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that:
1. The applicant's requests for annexation and zoning,preliminary plat and conditional use permit
is hereby approved with the requirement of a Development Agreement per the conditions of
approval in the Staff Report for the hearing date of February 8,2022, attached as Exhibit A.
Note: A modification to the zoning was approved with the annexation as follows: 13.76
acres with a C-G zoning district and 12 acres with an R-40 zoning district,instead of all
C-G as originally requested.
2. The applicant's request for City Council review of the Director's decision in regard to the
Alternative Compliance request to the private usable open space standard in UDC 11-4-3-27B.3
is hereby approved.
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 I 1-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two(2)years,may be considered for
final approval without resubmission for preliminary plat approval(UDC 11-613-7B).
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 1I-
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
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR RACKHAM EAST AZ PP EAGLE VIEW APARTMENTS CUP H-2021-0075
-2-
Page 180
Item#10.
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 11-513-6.G.1,the Director may authorize a single extension of the time to commence the
use not to exceed one(1)two(2)year period.Additional time extensions up to two(2)years as
determined and approved by the City Council may be granted. With all extensions,the Director
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title I I(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 8,2022
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR RACKHAM EAST AZ PP EAGLE VIEW APARTMENTS CUP H-2021-0075
-3- Page 181
Item#10.
By action of the City Council at its regular meeting held on the 22 day of February
2022.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED AYE
COUNCIL VICE PRESIDENT JOE BORTON VOTED AYE
COUNCIL MEMBER JESSICA PERREAULT VOTED AYE
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER TREG BERNT VOTED AYE
COUNCIL MEMBER LIZ STRADER VOTED AYE
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. ' on 2-22-2022
Attest:
C. i( IAN
SEAL
` v
Chris Jahn n 2-22-162-2�-
City Clerk
Copy served upon Applicant,Community Development Department,Public Works Department and City
Attorney.
By: '' Dated: 2-22-2022
City Clerk's Office-
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR RACKHAM EAST AZ PP EAGLE VIEW APARTMENTS CUP H-2021-0075
-4- Page 182
Item#10.
EXHIBIT A
STAFF REPORT E IDIAN=--
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING February 8,2022
Legend
DATE:
TO: Mayor&City Council
FROM: Sonya Allen,Associate Planner - t
SUBJECT: H-2021-0075; CR-2022-0001 .
Rackham East—AZ,PP
Eagle View Apartments—CUP. ALT,
x
CR
LOCATION: South side of 1-84, '/3 mile east of S.
Eagle Rd., in the south '/z of Section lb,
T.3N.,R.1 E. 41
-
,.
I. PROJECT DESCRIPTION
Annexation(AZ)of 25.76 acres of land with a C-G zoning district; Preliminary Plat(PP)consisting
of two(2)multi-family residential building Iots(i.e. Lots 1-2, Block 1)and six(6) commercial
building lots (i.e. Lots 3-8,Block 1) on 29.7 acres of land; and Conditional Use Permit(CUP) for a
multi-Family development consisting of 396 units oil 15.94 acres of land in the proposed C-G zoning
district.
Alternative Compliance is requested to the following UDC standards with the CUP application:
• UDC 11-3A-19B.3,which requires no more than 50%of the total off-street parking area for
the site to be located between building facades and abutting streets,to be allowed due the site
design which enhances usable site amenities by placing them internal to the development
with parking mostly on the periphery of the site;
• UDC Table 1 I-3C-6,which doesn't include off-street parking standards for studio unit
apartments,to allow the parking standards for vertically integrated residential to apply-,
• UDC 11-4-3-27B.3,which requires a minimum of 80 square feet of private, usable open
space to be provided for each unit,to allow zero(0)for studio units(0%of the standard),54-
60 square feet(s.F.)for 1-bedroom units(67.5%-75%of the standard) and 58.85 s.f for 2-
bedroom units(68%-106%of the standard).
Note: The Applicant filed a request for City Council review of the Director's decision on this
matter, see Section V.C,highlighted text, for more information.
Page 1
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Item#10.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 25,76-acres(AZ);29.7-acres(PP); I5.94-acres(CUP)
Existing/Proposed Zoning R1 and RUT in Ada County(existing)IC-G(proposed)
Future Land Use Designation Mixed Use—Regional(MU-R)
Existing Land Use(s) Vacant land(formerly single-family homes)
Proposed Land Use(s) Commercial(mixed use)and multi-family apartments
Lots(#and type;bldgJconttnon) 8 buildable lots(2 multi-family&6 commercial)/I}
common lots
Phasing Plan(#of phases) i phase(plat);2 phases(CUP)
Number of Residential Units(type 396 multi-family apartment units
of units)
Physical Features(waterways, The Ridenbaugh Canal runs along the east boundary of the
hazards,flood plain, hillside) site.
Neighborhood meeting date:#of 313121 —6 attendees:and 911121 —7 attendees
attendees:
History(previous approvals) None
B. Community Metrics
Description Details P
Ada County Highway
District
■ Staff report(yes/no) Yes
• Requires ACHD Na
Commission Action A Traffic Impact Study(TIS)was submitted.
(yes/no)
Access One access is proposed via S. Rolling Hill Dr. from E.Overland
(Arteriai/CollectorslState Rd.to the south;and two driveways will provide access from the
Hwyl.Local)(Existing and commercial development to the west via S. Silverstone Way front
Proposed) E.Overland Rd, (a signalized intersection exists at
S i lverstone/Ovefl an d)
Traffic Level of Service All road segments are proocou to meat ACHo's aeceptabFe level of eerVlce(LDS)dlreshoioe
for a 5-I89as princ,pal arterial rasa under all ccndtwi-Is.except Tor during the PM peak hour for
Ile Mmeril of Overtand Road tieween Eagle Road and Silverslone Way ano RNIing Hill
Drive under Ste 2023 total traffic conditions.
Stub Two(2)driveways will be extcndcd into the site from the west
Street/Interconncclivity/Cron boundary. S.Rolling Hill ❑r.will stub at the southern boundary
s Access of the site.
Existing Road Network S.Rolling Hill Dr.,a local street,extends from the south from
Overland Rd.to the north boundary of the site.
Existing Arterial Sidewalks 1 There are no existing arterial streets on or abutting this site.
Buffers
Proposed Road capital Improvements Plan(CIP)1 Integrated Five Year Work Plan(IFYWP)-
The•ntersection of Overland Road arm Eagle Road is scheduled in the C{P to he widened to
Improvements 7-lanes on the noilh and smiln eqs. and 9-lanex can ma earl and wear legs, and
row mstrvctedlsignalized in the Uwe.The design year is listed as 2025 in the IFYWP and the
Is listed to he improved between 2031 and 2035
• Overland Row is listed In the C I P to be widened to 74anes from=ogle Roan to Cloverdale
Road between 2036 and 2040 and is listed as unlunded.
Tne intersection of Cloverdale Road and Overland Road is listed in ine C I P to be widened to
7-lanes an the nerd,and south logs and 8 lanes on the esisf and west logs and signAllzed
between 2026 and 2M,
West Ada School District
Page 2
Page f 84
Item#10.
Description Details I Pg
Distance(elem,ms,hs) AME-yed prelim AA2pMVW KF r
plat parcets per uni s r Mlles
EnrOtlmerrt rapotlfy attendancearea atte cfarea �'-2a�
• Capacity of Schools pepper Ridge Elementary 542 67S 313 360 I.6
leWls&Ciark Middle School on 1000 774 1331 2.5
• #of Students Enrolled Centennial High School 29" ism 443 1358 4.9
School of Chnice tiaras
Christine Donnell-Atu 499 500 N/A N/A S.3
Spalding Elementary -STEM 657 750 N/A N/A 1.5
• Predicted#of students 40+/-
generated from
proposed development
Police Service
■ Distance to Police 2.7 miles
Station
• Police Response Time Meets response time goals
• Calls for Service 3,400(in RD 'M752'y-between 10/16/19 and 10/15/21)
■ %of calls for service %of p3 CFs 2-9%
split by priority %of P2 CFS 76.OK
4F of P1 CFS 19.9%
*of p0 CF5 1.3%
■ Accessibility
• Specialty/resource needs
• Crimes 185(RD-M752-between 1.0/16/19 and 10/15/21)
• Crashes 224(RD- M752-between 10/16/19 and 10/15/21)
• Other MPD can service this area if approved. For mare info,see-
https:llivebli►rk.ti;eridiaticitq,.orell'T'ebLi7lk/DoeViest,.aMx?id—Z41
580&dbi&--O&e o=Meridia►iCitt-&ci=1
Wastewater
• Distance to Sewer Dircctly adjacent
Services
■ Sewer Shed Five Mile Trunk Shed
• Estimated Project Sewer See application
ERU's
• WRRF Declining 14.25
Balance
• Project Consistent with Yes
W W Master
PlanfFacili Plan
• Impacts/concerns • Flow is committed
• Do not have a sewer stub to the south on Rolling Hill Dr.These
properties will be serviced from Overland Rd.
Water
■ Distance to Water Directly adjacent
Services
■ Pressure Zone 4
• Estimated Project Water See application
ERU's
• Water Quality Concerns None
. Project Consistent with Yes
Water Master Plan
Page 3
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Item#10.
Description Details F
■ Impacts/Concerns The development needs a second connection to water.There are
two options to do so;either connect to Overland Rd via 5 Rolling
Hills Dr or connect to the northwest e xi sti ng 16" water main.
C. Project Area Maps
Future Land Use Map Aerial Map
Legend0 . 10
legend
ltfPr<ac+Loco 'or, Prejeci Lcca-ar
mu--C44-
Offic
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84
4
" fV ic
OVERLAND IF*
1
Zoning Map Planned Development Map
Legend legend
-_..=Le�co� � PrageeT Loc❑�ar ��
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PiarrL�d Pose+s
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41.
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C.-G
R RVT
A. Applicant:
Brighton Development, Inc.—2929 W. Navigator Dr., Ste.400, Meridian, ID 83642
B. owners:
BVA Rolling Hills No. 1,LLC—2929 W.Navigator Dr.,Ste.400, Meridian,ID 83642
Page 4
Page 186
Item#10.
C. Representative:
Josh Beach, Brighton Development, Inc.—2929 W. Navigator Dr., Ste. 400, Meridian, I❑ 83642
III. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Notification published in
I i!llii?t1?1 1/23/2022
newspaper
Notification mailed to property
owners within 300 feet 1111212[Y21 112112�22
Applicant posted public hearing
1 112212021 112912022
notice on site
Nextdoor posting 1 1/12/2021 1/2I/2022
IV. COMPREHENSIVE PLAN ANALYSIS (Comprehensive Plan)
Land Use: The Future Land Use Map (FLUM)contained in the Comprehensive Plan designates this
property as Mixed Use—Regional(MU-R).
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).
The Applicant proposes to develop the site with office(and possibly some secondary retail uses)and
multi-family residential uses. The site is located near S. Eagle Rd. and E.Overland Rd.,a major
arterial intersection, and the Eagle Rd.l1-84 interchange. The proposed offices will provide nearby
employment opportunities and services for residents in the vicinity. Other commercial uses (offices,
entertainment,multi-tenant retail,hotel, etc.)exist to the west in the larger MU-R designated area for
a larger mix of uses as desired in MU-R designated areas. Pedestrian walkways are proposed for
interconnectivity within the overall area.
In reviewing development applications,the following items will be considered in all Mixed-Use
areas, per the Comprehensive Plan(pg.3-13): (5taff's analmis 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 proposed development includes office and multi-family residential(i.e. rapm tfnents)
which Will add to the variety o f uses planned in the larger AfU--R designated area to the ivest
consisting of office, retail., entertainment and hotel uses.
■ "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 24126, SH-55, SH-16 or SH-69."
The proposed irrarltr-fancily high density development should provide housing options in close
proeimlty to nearhE!employment uses located along SH--55 and 1-84.
Page 5
Page 187
Item#10.
• "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."
4 conceptual development plan was submitted with the proposed annexation application for
the subject property,that's located ivithin the MU--R designation. A Development Agreement
that ties future development to this plan and the general guidelines far mixed use
developments and specifically the MU-R designation is recommended as a provision 4j,
annexation.
• "in developments where multiple commercial and/or office buildings are proposed, the
buildings should be arranger)to create some form of common,usable area,such as a plaza or
green space."
The conceptual development plan depicts a common area between the two office buildings that
appears to meet this guideline; more details should be submitted on a.site plan submitted.for
development nf'these buildings that comply with this guideline.
• "The site plan should depict a transitional use and/or landscaped buffering between
commercial and existing low-or medium-density residential development."
Mralti.family residential arses are proposed art the southern portion of'the site adjacent to
existing rural residential properties as a transition and bq&r to commercial office uses on the
northern portion of the site. A 25-foot wide landscaped huf jeer-with dense landscaping is also
required in the C-G zoning district along the southern boundan,o f the site to residential rises.
Staff also recommends a 6-foot tall sight obscuring ferxce is consInected along the.southern
bounder),of the site as an added ht►Jfer to adjacent rural residential properties.
• "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 specifically proposed in this development—the tenants of the office buildings
are unknown at this time; however, .St. Luke's hospital and medical offices are less than a mile
away to the northwest of this.site.
• "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."
Mtn outdoor gathering area is depicted on the conceptual development plan between the two
o f ce buildings on the northern portion oJ'the site. Details should be submitted with
development of these buildings that demonstrate compliance with this guideline.
■ "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."
The proposed conceptual development plan depicts a plaZalgathering area between the two
office buildings on the northern portion of the site. A pedestrian circulation network, which
will connect to the larger 90-acre Eagle VieivlRackharrr development to the west, is proposed
around the perimeter of'the overall development as well as throughout the site that provide
pedestrian connections to the multi family development, office, retail, restaurant and
hospitalitY uses within the development.
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Item#10.
s "All mixed-use projects should be directly accessible to neighborhoods within the section by
both vehicles and pedestrians."
The proposed development is directly accessible to residents in Rolling Hill Subdivision to
the south by vehicle via S. Rolling Hill Dr. There are no pedestrian path wgv sluts to this site
front the adjacent residential development. S. Rolling Hill Dr. is currently a substandard
street and lacks pedestrian facilities,-ACHD erg mat'require q f-site i►nprave►nerrtr
with this application consisting of'a sidewalk along one side of'Rolling Hill and possibly
pavement widening if'access via Rolling Hills isn't restricted to emergency access only.
The Ridenbaugh Canal provides a barrier between the subject property and the residential
development to the east; no vehicular or pedestrian connections exist across the canal to this
site.
Staff reconrnre►tds pathway stubs are provided at the southern boundary of the site near the
nest and east boundaries oj'the site for.future ertensio►r upon redevelopment of'the
properties to the south for pedestrian connectivity with adjacent developments.
"Alleys and roadways should be used to transition fi-om dissimilar land uses, and between
residential densities and housing types."
4 25 tot}aide densely landscaped buffer and a driveway is proposed along the southern
boundary of the site as a transition and huf fer between existing rural residential properties
and the proposed high-density rnulti farnily residential development.
"Because of the parcel configuration within Old Town,development is not subject to the
Mixed-Use standards listed herein."
77re subject proper•tt1 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 will; these guidelines is included above.
• Residential uses should comprise a minimum of 10%of the development area at gross
densities ranging from b 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.
The total development area consists of 29.7 acres; the multi�fandl f,residential portion
consists of'15.94 acres, which is 53%of the site in accord with this guideline. Multi farnily
apartments are proposed at a gross density Q1'24.8 unitslacre, which falls within the desired
densitv range.
Retail commercial uses should comprise a maximum of 50%of the development area.
A mix of non-residential commercial uses will be provided on 47%of the development area in
accord with this guideline. Retail uses are expected to comprise only a small portion ofthe
development.
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%),
Page 7
Page 189
Item#10.
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:I 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 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 public1quasi public uses are proposed in the MU-R
designated area on this site.
Comprehensive Plan Policies: The following Comprehensive Plan Policies are applicable to this
development:
■ "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)
Cin,water and sewer set-vice is available and can be extended by the developer with
development in accord with UDC 11-3A-?1. Urban services are available to be provided
upon development.
• "Encourage compatible uses and site design to minimize conflicts and maximize use of land."
(3.07.00)
The proposed commercial uses should be compatible with existing and_Juture commercial
uses to the ivest and the proposed residential apartments should be compatible with existing
residential uses to the south.
• "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 rniv a/'residential and office uses will provide opportunities to live and work in
close prorimil'v. The existing and planned o,�j'ice, retail and entertainment uses to the ivest
will provide nearby shopping, work and plav opportunities to enhance livability and
sustainability.
■ "Encourage the development of supportive commercial near employment areas."(3.06.02C)
Ancillary retail uses rutty be provided in the proposed o flice buildings; no stand-along retail
uses are proposed on the site. However, retaillrestaurant uses are anticipated in the multi-
tenant buildings) within the development to the west.
■ "Require pedestrian circulation plans to ensure safety and convenient access across large
commercial and mixed-use developments."(3.07.02A)
The conceptual development plan depicts apathway within the street by&r along 1-84. The
pedestrian plan included in Section VII.Hdepicts internal pedestrian walk-waYs throughout
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Item#10.
the site for safe and convenient access.
"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
required to be provided to and though this development in accord with current City plans.
• "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)
Citt-water and sewer services are available to this site and call be extended b}'the developer
with development in accord with UDC 11-3A-21. The err:ergency response times for Police
Dept. and Fire Dept. meets the established goals.
• "Require appropriate landscaping,buffers,and noise mitigation with new development along
transportation corridors(setback, vegetation, low walls,berms,etc.)."(3.07.01C)
A 50-foot wide landscaped street buffer is required to be provided along the northern
boundwy of'the site on laird that abuts 1-54; noise instigation is not required per UDC 1!-
3H-4D.
r "Evaluate the feasibility of annexing existing county enclaves and discourage the creation of
additional enclaves." (3.03.03I)
E.rcluditlg the outpar•cel{#SI1164Z7890 along the northern boundaly of'the east portion of
the site from the subject annexation and development plan will create a Countv enclave
surrounded by Citt,annexed land, which is not desired Note: The Applicant is attempting to
acquire this parcel.
• "Require urban infrastructure be provided for all new developments, including curb and
gutter, sidewalks,water and sewer utilities." (3.03.03G)
Urban infrastructure is required to be provided with development in accord with UDC
standards.
In.+trrntrrary, StafJ'believes the proposed development plan is generalltr consistent with the vision
of the Comprehensive Plan for this area per the analysis above.
V. UNIFIED DEVELOPMENT CODE ANALYSIS (t20
A. Annexation:
The proposed annexation is for 25.75-acres of land with a C-G (General Retail and Service
Commercial)zoning district. The proposed use of the property will include multi-family
residential apartments and office uses. A multi-family development requires approval of a CUP in
the C-G zoning district and is subject to the specific use standards for such listed in UDC 11-4-3-
27;office uses are principally pennitted in the C-G zoning district as are retail uses.
Staff recommended in the pre-application meeting to the Applicant that they request R-40
zoning for the multi-family portion of the development-they did not do so.The proposed
use still requires approval of a CUP in the R-40 district; however, the R-40 zoning would
more accurately reflect the land uses developed on the site when looking at the City's zoning
map. For this reason,Staff recommends the multi-family portion of the site is zoned R-40
instead of C-G; the remainder of the site should be zoned C-G as requested.With this
Page
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Item#10.
change, new legal descriptions and exhibit maps should be submitted prior to the City,
Council hearing.Because the R-40 district is less intense than the C-G district, the project doi,%s
not need to be re-noticed.
The proposed C-G zoning and recommended R-40 zoning is consistent with the associated MU-R
FLUM designation as are the proposed uses.
The property is contiguous to City annexed land and is within the City's Area of City Impact
boundary. A legal description and exhibit map of the overall annexation area is 'included in
Section VIII.A.
The City may require a development agreement(DA) in conjunction with an annexation pursuant
to Idaho Code section 67-6511 A_Because this site is part of a larger 90-acre overall development
that includes the property to the west, Staff recommends that DA (Inst.#2019-037825 —
Rackharn) is amended to include this property and the provisions noted in Section VIII.A., To
ensure future development is consistent with the Comprehensive Plan and with the development
plan proposed with this application, Staff recommends a DA is required with this application,
containing the provisions noted in Section VIII.A,as discussed herein.
B. Preliminary Plat:
The proposed plat is a re-subdivision of Lots 18 and 19, Block 1, Rackham Subdivision No. 1 and
Lots 8-12, Block 2 and Lots 13-16, Block 1, Rolling Hill Subdivision. The proposed plat consists
of two(2) multi-family residential building lots(i.e, Lots 1-2. Block l) and six(6)commercial
building.lots(i.e. Lots 3-8,Block 1)on 29.7 acres of land and.is proposed to be developed in one
phase.Note: The Applicant anticipates that man-v o�f'the commercial lots will be consolidated or
realigned at the time orjinal plat as users determine precise site area requirements.
Staff recommends the property is subdivided prior to application for any building permits
for the site; or,the existing PUDI easements and right-of-way for S. Rolling Hill Dr. may be
vacated and a property boundary adjustment application approved to consolidate the
existing lots into one(1)parcel. Either method should be done prior to submittal of
applications for building permits.
Note: There is a 14-foot wide sliver of land(Parcel#S1116427890)that exists to the north of
the eastern portion of Lot 6 and Lots 7 and 8 that is not included in the proposed
subdivision (see preliminary plat exhibit in Section VILB).It appears to previously have
been part of the right-of-way[ROW]for 1-84 that was sold off as surplus ROW. It was not
included as part of the adjacent building lots in the Rolling Hill Subdivision plat in 1968;
therefore,Staff determines it to he an original parcel of record as defined in UDC 11-1A-1.
As such,the subject property is deemed to be eligible for development without that parcel.
However, Staff strongly urges the Applicant pursue obtaining the parcel and include it in
this development; otherwise, there will be an undeveloped enclave with County zoning
surrounded by City annexed land with no access and likely no maintenance of the property.
Ideally,it would be included in the subject annexation and preliminary plat application,
which would require re-noticing and a continuance of the hearing—Staff has suggested this
to the Applicant but they wish to proceed without it as they continue trying to acquire the
property. Since it is not included with this application,the applicant will have to submit a
subsequent AZ application to the City for review and approval.
Existing Structures/Site Improvements:
There are no existing structures on this site, the previous homes and accessory structures have
been removed.
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Item#10.
Dimensional Standards:
Development of the proposed lots is required to comply with the dimensional standards of the C-
G and R-40 zoning districts in UDC Tables 11-2B-3 and 11-2A-8.
Subdivision Design and Improvement Standards(UDC 11-6C-3)r:
Development of the subdivision is required to comply with the subdivision design and
improvement standards listed in UDC 11-6C-3.
Access(UDC 11-3A-3]
Access to the site exists via S. Rolling Hill Dr., a local public street that currently extends from E.
Overland Rd. to the south and runs through this site to the north boundary;this street will
ultimately stub at the south boundary and may be restricted to emergency access only. The
portion of Roiling Hill north of the southern boundary of the site is required to be vacated
prior to signature on the final plat.
Roiling Hills Dr. is not improved to urban standards(i.e. it's narrow, lacks street lights and
doesn't have curb,gutter or sidewalk). Two(2) driveway accesses are proposed to be extended
from the commercial property to the west for access via S. Silverstone Way from E. Overland Rd.
ACHD has requested the Applicant submit an updated analysis to Staff for the intersection of
Silverstone Way/Overland Rd.to see if the intersection can handle all of the traffic for this
development if Rolling Hill Dr. is restricted to emergency access only. If ACHD will not
require additional off-site improvements to Rolling Hill Dr. Cross-access/ingress-egress
easements should be provided between all lots in the subdivision as well as to the properties
to the west(Parcel#R7319432000& R7319431900)via a note on the final plat or a separate
recorded easement in accord with UDC 11-3A-3A.2.
Road Improvements: The intersection of Overland Rd. &Eagle Rd. is scheduled in the CIP to
be widened to 7-lanes on the north_and south legs,and 8-lanes on the east&west legs,and
reconstructed/signalized in the future. The design year is listed as 2025 in the IFYWP and is
listed to be improved between 2031 and 2035. Overland Rd. is listed in the C1P to be widened to
7-lanes from Eagle Rd. to Cloverdale Rd. between 2036 and 2040 and is listed as unfunded. The
intersection of Cloverdale Rd. &Overland Rd. is listed in the CIP to be widened to 7-lanes on the
north&south legs and 8-lanes on the cast&west legs and sigmalized between 2026 and 2030.
If Rolling Hill Dr. isn't restricted to emergency access only, ACHD is requiring will likely
require the following improvements for Rolling Hill Dr.: restriction to right-in/right-out only;
construction of passive traffic calming measures; improvement with 24-feet of pavement, 3-foot
wide gravel shoulders and a 6-foot wide concrete sidewalk on one side of the street within
existing right-of-way; and construction of a mini roundabout at the terminus. The segment of
Rolling Hill Dr.within the site is required to be vacated. See ACHD's staff report in Section V1111
.1br more informafion.
Pathways(UDC 11-3A-g}:
There are no pathways depicted on the Pathways Master Plan for this site. Staff recommends
internal pedestrian walkways are provided throughout the site for interconnectivity; where
pedestrian walkways cross vehicular use areas they should be distinguished through the use
of pavers,colored or scored concrete,or bricks as set forth in UDC I I-3A-19B.4.
Sidewalks(UDC 11-3A-17]:
There are no public streets proposed within this site;therefore, sidewalks are not required.
Sidewalks are not required along I-84; however,a pathway is proposed within the buffer. ACHD
is requiring a sidewalk to be constructed off-site along one side of S. Rolling Hill Dr.with
development of this site.
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Item#10.
Landscaping(UDC 11-3B):
A 50-foot wide street buffer is required on Lots 3-6 along the north boundary of the site adjacent
to 1-84 per UTDC Table 11-2B-3, landscaped per the standards listed in_UDC 11-3B-7C.The
buffer depicted on the landscape plan complies with this standard.The street buffer is required to
be maintained by the property owner or business owners' association per UDC 11-3B-7C.2b and
should be depicted on the plat in a common lot or pennanent dedicated buffer.
Landscaping is required adjacent to the pathway proposed along the northern boundary of the site
in accord with the standards listed in UDC 11-3B-12C.A 5-foot wide landscape strip is
required on both sides of the pathway planted with a mix of trees,shrubs,lawn and/or other
vegetative ground cover.
Storm Drainage:
An adequate storm drainage system is required in all developments in accord with the City's
adopted standards, specifications and.ordinances. Design and construction is required to follow
Best Management Practices as adopted by the City. The Applicant submitted a Geotechnical
E�rglneeri g Report for the subdivision. Storinwater integration is required in accord with the
standards listed in UDC 11-3B-11C,
Pressure Irrigation(UDC 11-3A-1
Underground pressurized irrigation water is required to be provided for each and every lot in the
subdivision as required in UDC I 1-3A-I5. This property lies within the Nampa-Meridian
Irrigation District boundary.
Utilities(UDC 11-3A-21]:
Utilities are required to be provided to the subdivision as required in UDC 11-3A-21. Staff
recommends street lights are installed along S. Rolling Hill Dr, in accord with the City's
adopted standards,specifications and ordinances in accord with UDC 11-3A-21.
Waterways (UDC 11-3A-,":
The Ridenbaugh Canal is a large open waterway that lies within a I00-foot wide N M I D easement
(50 feet on each side)along the east boundary of the site. The Applicant requests approval
from City Council of a waiver to UDC 11-3A-6B,which requires canals to be piped when
not used as a water amenity or linear open space as defined in UDC 114A-1,to leave the
canal open due to its large capacity. Council may grant a waiver if it finds that the public
purpose requiring such will not be served and public safety can be preserved. In order to
ensure public safety can be preserved if the canal is approved to be left open,the Applicant
proposes to construct a 6-foot tall open vision(wrought iron)fence along the eastern boundary of
the site at the edge of the irrigation easement.
This project is not within the flood plain.
Fencing(UDC 11-3A-6 and 11-3A-7)•
All fencing is required to comply with the standards listed in UDC l 1-3A-7. Fencing is not
depicted on the landscape plan; however,a 6-foot tall open vision wrought iron fence is proposed
along the Ridenbaugh Canal to preserve public safety if Council approves a waiver to allow it to
remain open and not be piped.
Building Elevations(UDC 11-3A-19 I Architectural Standards Manual]:
Conceptual building elevations were submitted for the future 5-story office buildings,4-story
multi-family residential buildings, leasing and fitness buildings as shown in Section V I1.I. Final
design must comply with the design standards in the Architectural Standards Manual.
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Item#10.
C. Conditional Use Permit(CUP):
A CUP is requested for a multi-family development consisting of 396-units in four(4)4-story
buildings on 15.94 acres of land in the proposed C-G zoning district. Unit types consist of 48
studio, 196 1-bedroom and 152 2-bedroom units. The proposed gross density of the development
is 24.8 units per acre,which is consistent with that desired in MU-R designated areas.Note:Staff
is recQ►rarne►adi►►g It- !]zoning, instead of'C-G, far the mt►Iti{arnily residential portion of the
development.
Specific Use Standards(UDC 11-4-3-27):
The proposed use is subject to the following standards: (Staffs analysisleommentc in italic text)
11-4-3-27: MULTI-i~AMILY 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.Staff'is unable it)determine if the buildings depicted on the concept plan
meet the minimum setback standard Tire site plan submitted witlr the Certificate of
Zoning Compliance application should clearly depict the property lines ill order to
determine compliance with this standard.
2. All on-site service areas,outdoor storage areas, waste storage,disposal facilities, and
transfonner 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 plans submitted with the
Certificate of Zoning Compliance application should demonstrate compliance with this
standard.
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 l 1-5B-5 of this.title.
Alternative Compliance is requested to this standard to allow zero(0) for studio units
(0%of the standard), 54-60 square feet(s.0 for 1-bedroom units(67.5%-75%of the
standard]and 58-85 s.f. for 2-bedroom units(68%-106% of the standard). The
Applicant's justification for the request is that the extraordinary site amenities proposed
coupled with innovative,new urban design with an emphasis on integated, internal open
space, facilities, form the basis of the request in lieu of the standard. The Director is of
the opinion that the requested reduction is too much for this site.As an alternative, the
Director approves a 20%reduction (i.e. 64 square feet)for the reasons offered by the
Applicant as justification for the reduction.
The Applicant requests City Council review(CR-022-0001)of the Director's decision in
this matter as they feel their request is warranted based on,"the extraordinary site
amenities that are proposed for the site, the unit type and mix, and the innovative and
integrated design of the internal open space."City Council should make a determination
on this request with the subject CUP a lication. If the action of the Director is upheld,
the City Council's decision should state the reasons for the decision as set forth in UDC
11-5 A-713.1 b.
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Item#10.
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 riot
included in the common open space calculations far 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 should comply with this requirement.
b. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to
All Districts", of this title. The prnposeel parking meets and exceeds UDC standards (see
parking analysis 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 map of the development at an entrance or convenient location for
those entering the development. (Ord. 18-1773,4-24-2018)
These items should he depicted on the site plan submitted with the Certificate of
Zoning Compliance application.
C. Common Open Space Design Requirements:
1. A minimum area of outdoor common open space shall be provided as follows:
a_ One hundred fifty(l 50)square feet for each unit containing five hundred(500)or
less square feet of living area.All units contain more than 500 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.All 395 units contain between 500 and 1,200 square feet oj,living area.
c. Three hundred filly(350)square feet for each unit containing more than one
thousand two hundred(1,200)square feet of living area.None of the units exceed
I,200 square feet of'living area,
At a minimum, a total gf'99,000 s.f. (or 2.?7 acres) of outdoor common open space is
required to be provided in the proposed development.A total of'3.49 acres is proposed
consisting of streetldritrewall bu,f fers area around leasing building, landscaped areas in
parkhm lot and anze►iib,areas in excess of the minimuern requirement as shown an the
exhibit in Section VI1.G.
2. Cormnon 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).All of the common
open space areas depicted on the ripe►:space exhibit in Section VII.G 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 proposer)to develop in hvo phases. The,first phase will consist of the west
two buildings along with their associated garages and carports, the west courtyard
amenities, the leasing qffice and the,fitness building. The.second phase will consist of the
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Item#10.
east hvo residential buildings along with their associated garages and caiporis, and the
east courtyard amenities (see phasing plan in Section V71.g).
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) None of the common open space areas are located adjacent to a collector or
arterial street,
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:
(I) Open grassy area of at Ieast 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 toy
amenities shall be provided,with at least one from each category.
d. For multifamily developments with more than one hundred(100)units, the decision-
making body shall require additional amenities commensurate to the size of the
proposed development.
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Item#10.
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)
Eased on 396-units, a minimum of'S amenities are required bill the decision-retaking body
is authorized to consider additional similar amenities if they believe the proposed
amenities aren't adequatefJar the size of the development.
Amenities are proposed from each of the three categories in excess of the minimum
standards (see list and exhibit in Section VII.G).Amenities include several outdoor sport
courtslgames (snook ball, cornhole boards, bocce ball,ping pong table, vollet-ball), open
grascv areas at least 50'x 100'in size, walking trails, a swimming pool, a clubhouse
with a itness facility, kitchen and lounge,shade structures with seating and outdoor
seating around afire table.
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(Y)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 he planted in the remainder of the landscaped area.
The landscape plan submitted with the Certificate of Zoning Compliance application
should depict landscaping on all elevations facing the private drives 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 rioted
above in Section V.B.
Landscaping is required to be provided along all 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.
A minimum 25-foot wide buffer to residential uses is required with development along the
southern boundary of the site per UDC Table 11-2B-3, landscaped per the standards in 1~!DC 11-
3B-9C,which requires a mix of evergreen and deciduous trees, shrubs, lawn, or other vegetative
ground cover. The buffer depicted on the landscape plan needs to be widened and additional
landscaping depicted in accord with these standards.
Parking: Off-street vehicle parking is required for the proposed multi-family dwellings as set
forth in UDC Table 11-3C-6. The UDC standards applicable to this application do not include
minimum parking standards for studio units; the code has since been updated(on 1015121)to
require one(1)space per studio unit. The Applicant has requested alternative compliance to allow
the parking standards for vertically integrated residential to apply. Because one(1)space is
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Item#10.
required for vertically integrated residential uses which is the same as the current code for studio
units,the Director finds this request acceptable and grants the request.
Based on 48 studio, 196 1-bedroom units and 152 2-bedroom units, a minimum of-5-79 646 off-
street spaces are required with 3%348 of those being in a covered carport or garage. Off-street
parking is required for the clubhouse as set forth in UDC 11-3C-61B.1 for non-residential uses.
Based on 6,952 square feet,a minimum of 14 spaces are required to be provided. Overall, a
minimum of-5 4 660 standard parking spaces are required.
A total of 44 651 off-street spaces are proposed on-site with_3-94 398 of those being covered in
ara=es Sg 90 Ica orts 303 308), another 20 on-streets aces are proposed on the updated site
plan along the future private street along to north boundary—these spaces can serve as ,guest
parking but do not count toward the"off-street"parking requirement,
spaees-; eompoet stfills are diseouraged but may he used far-par-'jHg above the number-of
Additional parking 5 spaces) should be provided to meet the
minimum standards; the site/landscape plan submitted with the Certificate of,Zoning
Compliance application should be revised to reflect compliance. Note: The calculations on the
landscape plan state 651 spaces are pr• posed, which differs kunt that on the site plan.
Bicycle parking is required per the standards listed in UDC I1-3C 6G and should comply with
the standards listed in UDC 11-3C-5C. Based on 651 spaces,a minimum of 25 spaces are
required.Hike racks should be provided in central locations for each building.
Alternative Compliance (ALT) is also requested to UDC 11-3A-19B.3,which requires no more
than 50%of the total off-street parking area for the site to be located between building facades
and abutting streets,to be allowed due the site design which enhances_usable site amenities fix
placing them internal to the development with parking mostly on the periphery of the site.
Because the parking areas on the east and west sides of the site are screened by garaUs and there
is only one drive aisle with parking-on each side on the north and south sides of the site and
internal parking between the structures,leaving less than 50%of the off-street parking visible
from the abutting streetldriveway. Staff is of the opinion the site design complies with UDC
standards without approval of ALT.
Fencing; No fencing is depicted on the landscape plan for this development. A 6-foot tall open
vision wrought iron fence is proposed along the Ridenbaugh canal to preserve public safety if
Council approves a waiver to allow the canal to rernain open and not he piped,
As an added buffer to the two adjacent rural residential properties to the south in Rolling
Hill Subdivision,Staff recommends a 6-foot tall sight obscuring fence or wall is constructed
along the southern boundary of the site.
Building Elevations [UDC 11-3A-19 1 Archilectural Standards]Manual):
Conceptual building elevations were submitted for the proposed 4-story multi-family residential
buildings,leasing and fitness buildings as shown in Section VII L Final design must comply with
the design standards in the Architectural Standards Manual. A Certificate of Zoning
Compliance and Design Review application is required to be submitted for approval of the
site and building design prior to submittal of building permit applications.
Vl. DECISION
A. Staff:
Stag'recommends approval of the requested annexation with the requirement of a development
agreement-preliminary plat and conditional use permit with the provisions noted in Section VIII,
per the Findings in Section IX
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Item#10.
B. The Meridian Planning& Zoning Commission heard these items on December? 2021 and
January G,2022. At the public hearing on January 6",the Commission moved to recommend
approval of the subject AZ, PP and CLIP requests.
1. Summary of Commission public hearing
a. In favor: Jon Wardle,Brighton Corp. (Applicant's Representative), Geoffrey Wardle
b. In opposition: None
c. Commenting. Alicia Eastman, Mike Blowers, Amy Wattles, Chris Majorca,Lynette
Adsitt, Matt Adsitt, Chris Maiocca, Pam Haynes
d. Written testimony: Pam Haynes
e. Staff presenting applica_tion: S�nya All—
f. Other Staff commenting on application: Bill Parsons
2. ley issue(s)of public testimony
a. Concem pertaining to high volume of traffic this project will generate on S.Rolling.Hill
❑r. (commercial traffic through a residential neighborhood)—request for bollards to be
installed at the terminus of Rolling Hill Dr, at the southern boundary of this site that
would block off traffic but that would provide emeUency access to the site-,
b. Concern pertaininm to construction traffic using S. Rol li ng Hill Dr. to access the site
c. Against proposed development due to loss of current lifestyle livestock and effects to
them from noise and traffic),
d. The Applicant committed to limiting_construction_ traffic via S. Rolling Hill Dr. and
making_Silverstone Way the_primary access,
e. Concern pertaining to location of wells-along Rolling Hill Dr. and impact on such if
T improvements to Rolling Hill Dr. are required.
3. Key issue(s)of discussion by Commission:
a. Concern pertaining to generation of traffic from this development on S. Rolling Hill Dr.
and lack of urban improvements on Roiling Hill ❑r.:possibility of restrictingpublic
access for the site via S. Rolling Hill Dr. for the development:
b. Desire for the sliver of land along the northern boundary of the site(Parcel
#S1116i427990)to be included in the annexation old pre)iminarypIat boundary so as
not to create an enclave surrounded by City annexed land and an access easement to be
provided to that property for maintenance purposes:
c. Need for additional off-street parking to be provided on the site in accord with UDC
standards and possibilityof a shared parking agreement with the adjacent property to
the north as an alternative to on-site parking;
4, Commission_change(s)to Staff recorn-mendatiou:
a. Include a condition for construction traffic for the proposed development to access the
site from the west via Silverstone Way rather than from S. Rolling Hill Dr. as
committed to by the Applicant(see condition#VllI.A.Ih),
IL. Requirement for the Applicant to submit a copy of the_purchase ageement for the out-
parcel at the north boundary in lieu of granting an access easement to that property(see
condition#V III.A.2a).
S. Outstanding issue(s) for City Council:
a. The Commission requested the study of the OverlandlSilverstone intersection with
respect to sole access to the site from Silverstone be completed and.reviewed by ACHD
prior to the City Council hearing.This was completed and reviewed by ACHD with the
Following findings. The analysis aid-original study show that the intersections will
overate exceeding level of service thresholds with&without the additional traffic fi-om
this development.ACHD is supportive of restricting Rolling Hill Dr. to emergency
access only with this development since this intersection mainly serves the
RackhamlICCU development,this development is part of the overall Rackham
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Item#10.
development area and the applicant understands the impacts of this additional traffic.
Currently,there is not enough existing right-of-way at Silverstone Way/Overland Road
intersection for additional improvements.
1?. The Applicant requests a new DA_is required with the proposed annexation rather than
an amendment to the existing DA as recommended initially-Staff is amenable to this
request
c. The Applicant submitted a request for City Council review of the Director's decision on
the request for alternative compliance to the private usable open space standards listed
in UDC 1 1-4-3-27B.3,
d. A waiver to UDC 11-3A-5B is requested to allow the Ridenbaugh Canal along the east
boundary of the site to remain open and not be piped.A 6-foot tail open vision wrought
iron fence is proposed along the canal to preserve public safe .
� ���aidiatl.City Coun�lLii��r_�r��e�- ?i1�2�At th�ul�lic hea��F>>g�tktie.
Co--uncii-tnoy_ed to annrove the subiect AZ_PP-,.CUP and CR requests_
1 tt SummEy of-thc-Culy CQumU uWc n . - --
a. In favor: Jon Wardle, Briahton Corm.[Applicant's Representative)
_v _
C= Cymmtti_ _5ae
d Witten testimony: Chris_Maiocca_Michael -
Blo-
c Stiff�res�tiin�a�nlieatis�nF��b_HQ�si------ -
f. Qilau- a�£f cQr Qtati g �nlhe� o
I Key issue(s)of nubiic testimonv:
a.
�sftzr Ra1�it1FaI�r, to he used� Y �sss�1 ft�th.
b, Qneaing issues wi construction traffic-usi tg-R 1 in HLI ;
� Concern with�r�?h�cttl de�l;tnned�th��a�s�Rttlli�,g.fiilLDs�wi�i be�ka���
anddoesn't want traffic turning around in her driveway_(Pam Haynes);
d Ajlicant mnmittato- -jp doing 'It -r-access t - -its soon as no lam.
The Applicant's request for City Council review of the Director's decision in regard to
u
tk� yrixa e n car ited lax DC 1 1�4-3
b AdeQuacy oftransitian�es between Proposed development and existing rural
residential uses:
G Annexation of the out-nar=Untp the City once e dey-clonct and
Setting t n l� t-d ong���e�in wbidbA u-be annex,
d,. Annexation of the multi-family portion of the development with R-40_rather than C-G
caning as-r=m=ndgd y_ toff andw-ced- p ubY_ibe.At7Ali 1
e. Int�an of uses and pedestrian connectivity within the development and the great
expanse of parking between the multi-family and office use
Uug:%rn Iannin i 72r,
and wbenlif it o-uhd berme-opened f�rg b access f��rr i to the b
tie�l�y�l�irn� --
Con=pertaining to-the high volume of rzaffic on he,generated
from this development and traffic backing up at the signal if it's the only access for the
IL CDneQmJfRQU t>a Hill Dr cJQi-e-d fQr�ublie ee s tstt �it�,how it will met r�
opened at some point in the future;
1 2wag of oczaite par ug-fort �lfi-f�rr � �lg et�t; y�il.ahiiity of czverflow_
Parking in the Office portip-n of the developmeaL
Page 19
Page 201
Item#10.
Desire for a parking garage to be provided within the commercialpoiian of the
�e_yc_1_Qpmenti,
X ased_&Yclqprnmt_on area FichQ4ls--Counc l nol Yea convu d,
4_ City Council changes Commission recommendation:
Th0Co=cil ¬.bg
in�d �c t�ct�� f �'t�l�u��i to wrg ts4nAD-0-o�g the MA 10
preserve public safety:
b ThoCQuttgiI nnra he A nli nt' r��[res f9�Cat 9ltn iLre�iew of the A�1 1gx
dish =_mI iWng.tQ the private usabir,o2gamme to allow the amott gig ly
requegeA
v.. Al 5taffG rp$uot,_Cundl.quuiredftAmliou_UQ_emter_iato a mw_DA.fQr_Ihe_twzrct
raftr than amend-the!r._ac_i9Wg DA as_gxighnall�t�
`un it required a DA provision requiring the 0 t-nareg]sliver of land along t se
ngr��-��g.�]sl�af�h�5i1����.�7�:��Y�ithin�lg.1�]wear Qf recnr��ligt7�i~tlle
DA the western r.zoned bortion of t e iti=fa it eel rnent sho-Jd-b e refined
to R-40 at the same time]: T- —
Coun-cil res ircd Ra>1a&Ril1Pr.tQ krr.0 cd-as gaumgy_.acC,0a-W-dYA %f"s k and
be closed for public access to the site as committed to and presented;
1• Council ppraved the ropos_d 2arkm without requiring additional space.tie
Aa
Page 20
Page 202
Item#10.
VII. EXHIBITS
A. Annexation Legal Description & Exhibit Map
19M
Fehruary B,2022
Project No.20.219
Exhibit A
Legal Description for Annexation
Eagle View Landing
A parcel of land being Lnts 13 through 16,Block 1,Lots 8 through 12,Block 2 of Rolling till)Subdivision
(Book 18 of Plats at Page 1,202,retards of Ada County,Idaho)and unplatted land situated in a portion
of the Northwest 1/4 of the Southeast 1/4 of Section 16,Township 3 North,Range 1 East,B.M.,Ada
County,Idaho being more particularly described as follows:
Commencing at an aluminum cap marking the Center 1/4 corner of said Section 16,which bears
N00'05'15"W a distance of 2,653.59 feet from a brass cap marking the South 1/4 corner of said Section
16,thence following the westerly line of said Northwest 1/4 of the Southeast 1/4,S00'45'25"E a
distance of 227.22 feet to a S/B-inch rebar on the southerly right-of-way line of Interstate 84 and being
the POINT OF BEGINNING.
Thence leaving said westerly line and fallowing said southerly right-cf•way line,589'34'32"E a distance
of 672.76 feet;
'thence leaving said southerly rig ht-o€-way line,S00 W07"E a distance of 14.37 feet;
Thence 589'1S'23"E a distance of 478.72 feet to the westerly boundary of Ironwood Subdivision No.3
(Book 77 of Plats at Page 8,099,records of Ada County,Idaho)and the centerline of the Ridenbaugh
Canal;
Thence following said westerly boundary and said centerline the following two(2)courses:
1, S12.52'S4"W a distance of489.50 Feet;
2, S14'05'22"W a distance of 627.49 feet to a 5/8-inch rebar on the southerly tine of said
Northwest 1/4❑f the Southeast 1/4;
Thence leaving said westerly boundary and said centerline and fallowing said southerly line,
N89°14'19"W a distance of 887.95 Feet to the 5outhweat corner of said Northwest 1/4 of the Southeast
1/4(Center.-South 1/16 corner);
Thence leaving said southerly line and following the westerly line of said Northwest 1/4 of the Southeast
1/4,NW'05'15"W a distance of 2099.57 feet to the POINT OF BEGINNING.
Said parcel contains a total of 25.76 acres,more or less.
Attached hereto is Exhibit B and bythis reference h made a part hereof,
5�n LL
a V, 12459 4
-I
a9 17 F gZO
4 2
5725 North Discovery Way•Boise,ldahv83713•208.639.6939•L-mengllp.ram
Page 21
Page 203
Item#10.
POINT OF COMMENCEMENT
FOUND ALUMINUM GAP
CENTER 1/4 CORNER SECTION 16
S00'05 15'E
227.22' (TIE) 500*00'07"E
POINT OF BEGINNING Inter5tate 84 1 4.37'
589'34'32"E 672.76' S89'15'23"E 47B.72' -
Parcel Parcel
R7555000280 S1116427950
Parcel V
R75550UOI5Q �
Parcel
5 ' R7555000270
Annexation Area:25-76±AC.
;n
Parcel Parcel Unplatted a
Ln rn B7555000261
Ln x pi
R7555000151
TCO Fj� o Pa rcel °
m Parcel = 51116428010
R7555000265 Q
Ln
Centerline of
0o � � Panel Ridenbaugh� a
a Parcel R7555000155 Canal
a R7555000251
z
z
Parcel Parcel
R7555000255 R7555000140 �•
ry
ro v k
L '2
Parcel :V
'n R7555000240 Parcel
R7555000130
N89'14'19"W 887.95'
5dQ'05'15'E
1326.80' (TIE) Rolling Hill
AeWel Subdivision
Subdivision —,—__FOUND BRASS CAP
SOUTH 1/4 CORNER SECTION 16
C 200 400 60:I
Ian Plan Scale:1"=200'
E N G I N E F k I N G
5725 RORTH DfSCOVERV WAY
Ifq 15r.IQAHD&VI.1
PHONr poiq 63..; Exhibit B -Annexation
kmpnKp1p.X0m Eagle View Landing
DATE: Fe>t wy Z04
pflD1rCT- 2D-?19
SHEET Lots 13-16, Block 1, Lots 8-12, Block 2 and unplatted land in a portion of;he
1 OF 1 NW 114 of the 5E 1/4 of Sec. 16,T3N-, RIE., 8-M., Ada County, Idaho
- Page 22 —
Page 204
Item#10.
km
E N G I N E E R I N G
February 8,2022
Project No.20-219
ExhibitA
Legal Description for Rezone to C-G
Eagle View Landing
A parcel of land being Lot 16,a portion of Lot 15,Block 1,Lots 11 through 12,a portion of Lot 10,Block 2
of Rolling Hill Subdivision(Book 18 of plats at Page 1,202,records of Ada County,Ida hoy and unplatted
land situated in a portion of the Northwest 1/4 of the Southeast 1/4 of Section 16,Townshi p 3 North,
Range 1 East,B.M.,Ada County,Idaho being more part4cularly described as follows:
Commencing at an aluminum cap marking the Center 1/4 corner Of said Section 16,which bears
N00'05'15"W a distance of 2,653.59 feet from a brass cap rnarking the South 1/4 corner of said Section
16,thence following the westerly tine of said Northwest 114 of the Southeast 1/4,500'05'15"E a
distance of 227.22 feet to a 5/8-inch rebar on the southerly right-of-way line of Interstate 84 and being
the POINT OF BEGINNING.
Thence leaving said westerly line and following said southerly right-of-way line,S89°34'32"E a distance
of 672.76 feet;
Thence leaving said southerly right-of-way Iine,SOO"QO'07"E a distance of 14,37 feet;
Thence 589"15'23"E a distance of 478.72 feet to the westerly boundary of Ironwood Subdivision No.3
(Book 77 of Plats at Page 8,098,records of Ada County,Idaho)and the centerline of the Ridenbaugh
Canal;
Thence following said westerly boundary and said centerline the following two(2)Courses:
L 512'52'54"W a distance of 489.50 feet;
2. 514'05'22"W a distance of 62.66 feet;
Thence leaving said westerly boundary and said centerline,N89'54'38"W a distance of 6M66 feet;
Thence N89'52'56"W a distance of 239.55 feet;
Thence 153.33 feet along the arc of a curve to the right,said curve havirr a radius of 339.50 feet,a delta
angle of 25'52'36",a chord bearing of N75'27'32"W and a chord distance of 152,03 feet;
Thence N64'33'26"W a distance of 22.04 feet to the westerly line of said Northwest 1/4 of the
Southeast 114;
Thence following said westerly line,NOO*05'15"W a distance of 514.43 feet to the POINT OF
BEGINNING,
Said parcel contains a total of 13.76 acres,more or less.
Attached hereto is Exhibit B and by this reference is mane a part hereof. �Gl
12459 a
•�ry��' 4F t�4�
L. BJN6
5275 North DisCovery Way•60i5e,Idaho 63713 • 208.639,6939• kmenglrp.com
— — Page 23
Page 205
Item#10.
POINT OF COMMENCEMENT
FOUND ALUMINUM CAP
��-CENTER 1/4 CORNER SECTION 16
S00'05'15"E
227.22' (TIE) $00'00'07"E
POINT ❑F SEGINNING Interstate 84 4.37'
S89'34'32"E 672.76' 389'i 5'23"E 478.72'
Parcel
Parcel 5111642795D 1
R7555000280 I o
v
= o` R7S5500016C rcel
Parcel
I Centerline of
Ridenbaugh
ro Pareel a` Proposed (m Canal 3
m �n R7555Qp027❑ = Toning:C-G °(o Unplatted
L Parcel Iw
Pa ree I �
'v R755SO00151 r(w 51116428010 �
z Parcel (Portion) E (Portion)
R7555000261 Parcel it+
R75550D026S Sl4'05'Z2"W
fi2.66' "y
m (Portion)
� z
a L1C1 N89°54'38"W 619.66' v
��—r, Q N89-52'56"WJ Rolling Hill }
I 239.55' Subdivision Unplatted
� a
a
3
r
0
L
CURVE TABLE
CURVE RADIUS LENGTH DELTA CHORD 9RG CHORD
C1 339.50' 153,33' 25'52'36" W5'27'32"W 152.03'
LINETABLE
LINE BEARING DISTANCE
L1 N64.33'26'1N 22-04
FOUND BRASS CAP
SOUTH 1/4 CORNER SECTION 16
0 20D 400 600
km Plan Scale: V=200'
E N G I N E E ItI N G
5M NORTh 015COtERY WA•
000r-13AFO 8.171
NO N E 12 03)5 5g6M Exhibit B- Rezone t0 C-G
AmAj1b.rArs1 Eagle View Landing
DATE; Fmbr mq=1
PROJECT, 2U-.1R
SHEET: A portion of$locks 1.and 2 of Rolling Hiil Subdivision and unplatted land situated In the
1 OF 1 NW 1/4 of the SE 1/4 of Sec. 16, T3N., R1E., B.M., Ada County, Idaho
Page 24
Page 206
Item#10.
km
E N G I N E E R I N G
February 14,2022
Project No.20-219A
Exhibit A
Legal Description for Rezone to R-40
Eagle View Apartments
A parcel of land being Lots 13 through 14,a portion of Lot 15,Block 1,Lots 8 through 9,a portion of Lot
10,Block 2 of Rolling HI II Subdivision(Book 18 of Plats at Page 1,202,records of Ada County,Idaha),and
unplatted land all situated in a portion of the Northwest 1/4 of the Southeast 114 of Section 16,
Township 3 Forth,Range 1 East, B.M.,Ada County,Idaho being more particularly described as follows'
Commencing at an aluminum cap marking the Center 1/4 corner of said Section 16,which bears
N00"05'15"W a distance of 2,653.59 feet from a brass cap marking the South 1/4 corner of said Section
16,thence following the westerly line of said Northwest 1/4 of the Southeast 1/4,SOMS'IS"E a
distance of 741.65 feet to the POINT OF BEGINNING.
Thence leaving said westerly Ilne,56.4`33'26"E a distance of 22.04 feet;
Thence 153.33 feet along the arc of a circular curve to the left,said curve having a radius of339.50 feet,
a delta angle of 25°52'36",a chord bearing of 575"27'32"E,and a chord distance of 152,03 feet;
Thence 589°52'Sfi"E a distance of 239.55 feet,
Thence S89"S418"E a distance of 619.66 feet to the westerly boundary of Ironwood Subdivision No.3
(Book 77 at Page 8,099,records of Ada County, Idaho)and the centerline of the Ridenba ugh Canal;
Thence Following said westerly boundary and said centerline,S14"05'22'W a distance of 564.84 Feet to a
found 5/8-inch re bar on the southerly line of said Northwest 1/4 of the Southeast 1/4;
Thence leaving said westerly line and said centerline and Following said southerly line, N89'14'19"W a
distance cf 887.95 feet to the 5outhwest corner of said Northwest 1/4 of the Southeast 1/4 (Center-
5outh 1/16 corner);
Thence leaving said southerly line and Following the westerly line of said Northwest 1/4 of the Southeast
1/4,NOQ"05'15"W a distance of 585.14 feet to the POINT OF BEGINNING.
Said parcel contains a total of 12.00 acres,more or less.
��ll+L
CDP
a 12459 Q
a �
9� OF L
5725 worth Discovery Way• bvise,Idaho 93713• 298,639.6939 • kmenglipxcQm
Page 25
Page 207
Item#10.
POINT OF COMMENCEMENT
FOUND ALL)VINUM CAP
CENTER 1/4 CORNER SECTION 1B
0 700 40D 600
WiW
i v Plan Scale:V =200'
Ln i'to
(tolling Hill
Subdivision
a
Rackham to n
Subdivision Parcel
POINT OF R7555000265 Parcel `"
BEGINNING (Portion) R7555000151 Unplatted 2
(Portion) o
cy S89'52'56"E 589'54'38"E 619.66'
2,39.55 Parcel I Centerline of
(n Ridenbaugh Q
u7 -4 Parcel R75550DO155 k
Canal
z R7555000251 Proposed i o
c° CID Zoning:R-40 , ,i� Parcel `
m `n I= S1116428010
3 Parcel Parcel �I666 (Portion)
a R7555000255
o n �, R7555000140 C I.F '
to ;n r "
a c Unplatted
ma0 � �'ICW 3
Z Parcel
R7555000240 Parcel 1
R75S5D00130 i
I �
h189.14'19"w 887.95'
Jewel Rolling Hill
Subdivision Subdivision
i CURVE TABLE
CURVE RADIUS LENGTH DELTA CHORD URG CHORD
i
C1 339,50' 153,33' 2552'35" 575'27'32'E 152.D3'
LI N E TABLE
LINE BEARING DISTANCE
lam L1 S64'33'26"E 22.04
FOUND BRASS CAP
E N G I N E E R I N G SOUTH 1/4 CORNER SECTION 16
s7Z�WORN DISCOVERY WAY
BO15E.�GRHS a77E3
RHONE{2Qlt}d39.4A39 Exhibit B- Rezone to R-40
en�P`�m Eagle View Landing
DATE: Fewuarf M22
PROAcy_ 20.2:)A
SHEET: Lots 18&19,Block 1 o4 Rackham Subdivision,a portion of Blocks 1&2 of Rolling Hill Subdivision,
1 OF 1 and unplatted land situated in the NW 114 of the SE 1/4 of Sec.16F T3N.,RIE_,B.M.,Ada County,Idaho
Page 26
Page 208
Item#10.
S. Preliminary Plat(date: 10/25/2021)
PRELIMINARY PLAT 5HOWING 'U'4 "u` )' .W°
RACKHAM EAST SUBDIVISION
A RE-SUBDIVISION OF
LOT 13.16,BLDCK 1,LPT5 5-12.BLOCK 21;1 RCiLLI WG HILL 5H EIDIVLS I ON, J 0
LOTS 18 19,BLOCK 1 OF RACKHAM SUBDIVISION AND UNPLATTED LANDS --ALL SaUATED 14 A P DR710N Or TH E N E 114 OF T HE SW 114 AND TH E NW 114 OF THE SE 1/4 _r
OF SECTION 16,TOWNSHIP 3 NORTH,RANGE 1 EAST,BPI SE MERIDIAN,
CITY OF MERIDIAN.ADA CCU NTY-IOAHO
TUNE 1021 1 I
..r...,, w I ...�.�..4
w C-6 G6 C-� G6 C-f: 1 rseuscYe e.n.t�nfa__
•tea-
_'
t I ...._, MR , RAM iAM EAST SU417IOWR
— —
_ y I�1 I � M[1Yn�4Mt ryaT
Page 27
Page 209
Item#10.
C. Landscape Plan—Preliminary Plat(date: 10/15/2021)
rc ra c-� es «
x._._
�M--�-
Wlk
XT I .
4 _+ .�.. :
.•sir--.r.��a, �ii
r.- -..---..�� �y-may—�•• _ � � � OE�WF4 nEF Yl11RN166YP�1�[A',f'��n
MCKHAM tA -W6�NL'DN
PRELIMINARY PLAT LANDSCAPE PLAN .,
wpm
°"s�
��'" ,WEECA[LVFAT10NSE1 EFl 4 � �_..Y,
u -- m1Ar.SfPESi iA05 ! b"
IMIGAiIOH 4EO�lIdEMEHiS T
••••�••••••» ��+.� I AIIREESREWIREC1PgMN `•PPLLW
Page 28
Page 210
Item#10.
D. Conceptual Development Plan
d �
- o
2
?' 2 S
Page 29
Page 211
Item#10.
E. Site Plan —Conditional Use Permit(dated: 6'V-24 1/6122) & Phasing Plan
km
J�JIi s'• - — �s
4 � -4• j
., + =� _ II.UiU �11 LU ' a I1 f � I ^T I �'� r '•' ---- �_.:
L
Ct1P 5RE PL4N BTU T
g
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Page 30
Page 212
Item#10.
-- Phase
t e
A
t
R v_
I
e
R L
• I �
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f
Phase 'I �.
Page 31
Page 213
l
■. _ SAL�� �." J■tir r
Mm
in
■. I
I 1
1 l • i •
4- BRIGHTON
CONCEPTUAL,SUBJ ECT TO CHANGE
N
!R
n OF-Me
Lo
�.
MA
r i • � r �� a ��
Item#10.
F. Landscape Plan —Conditional Use Permit (dated: 613121)
m loll
Trr
s _
ram,-ti
_TFF
u
CUP LANp5Cr1PE PLAH ....fixrmira`e?rn.owrrinswP arc oec�a
ouxi wRew A-11M MI-M AM1 TNEE[xW1A100M IITRUJn kn
jjj—
waa.n•,.w. ""�. �qx. .a. wn. n .ei ao,.�. ,.a. ,r. ne . VAOMCF PARK*4 tM PEffl4%7 [%-O$DSCW SM
PARmWcAL TOM
PAfMWBLMp TOES 6 -
• � .�._e.unr.. rew.. aw ..a. e � ••s.,..�m.uw_. u�� :^3�.Nr._ TREE SPfl7ER MIX
MFnBiglpl RgQ�W
mra�rxffs gam==
Page 33
Page 215
Item#10.
G. Open Space Exhibit for Multi-Family Development(dated: 613121) &Amenities
.,rJn1T 44
MITMirriiiiiiinrn
,r
{ 1
IF7R �_ r
- t
(.ONI)MONAE USE PERM11 QUALINEDOPEN SPACE EXHIBIT 5 G
oRcurnnwz�src wcwnnorrs
i
rxr-n
Page 34
Page 216
Item#10.
■ Amenities
o Central Core Amenities
■ 24-hour resident lounge
• Warming kitchen
■ Entertainment area
■ Game area
• 24-hour fitness center featuring Rogue equipment
• Locke Rooms with showers
■ Zoom conference roonr(s)
■ Wi-fi throughout all amenity areas
• Resort style pool & year-round spa
■ Pool-side patio and grilling area
■ Outdoor pool lounge
■ Ainazon parcel system
• Dwelo Smart Home Technology
o West Courtyard (see page 10./br exhibit)
• Shade structure
• Outdoor Kitchen with BBQ Grill
■ Benches
■ Outdoor seating surrounding a Fire Table
■ Festoon lighting
• Cornhole
• Outdoor Ping Prang Table
• Sand Volleyball
o East Courtyard (see page 10,forexhibit)
■ Shade Structure
■ Outdoor Kitchen with BBQ Grill
• Benches
■ Outdoor seating surrounding a Fire Tab
• String Lights
■ Cornhole
• Outdoor Ping Pong Table
■ Snook Ball Court
• Bocce Ball Court
Page 35
Page 217
Item#10.
AVFNITV F EATIIRES
— x9en[o n ocslcw ayr[cr
allloceR Iw rmw alu[E
suLI-Wer-e1 aenl o.ns to[9h e99.ewe
IFS WAP45 a
ASP-Tr.►EP.71 a
oommw pA1a5—
r _ I�'� -bV1yQOP}-M9 AO wG}alu•
roll vAmoiNG KmpAnvi
Pofn roR SmLms Ixfrr L7
_ ATT;LMIFM.
l 7[xwo[qwn. y�
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--- A[Rtou oR v x SAP-S. 1 -
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1
WEST APARTMENT COMPLEX 3imin
Page 36
Page 218
Item#10.
AME WITY FEATURES
ouruloe rr�tr.rr1.� _ _
im
G --—nlc[srnepr1c ttcaulm rpers
ruff swo"7[COpAiK►Osrs k1111fyar 0[SE6/ .s.rCT 3[A{S 2 rplr SrybEG L{A1r sTTAcryy[y1• - ►41 rC) rorS e.m corr>w sou d
1 Ws�
Mfla rAAY-
o' HrAL CE'rrslos I MM L�r %. .'.M _+• -:{ &III V� _
� KP-11,AfP-I1
mWK"V Ks"AMC]SCfr1E5—_� � _ _ _ —41opf w>.Ca _ ¢
ft"rER MTS DM C(P"pti � �. - -.' _
W R r."V.
wis'Aws Jf ~f r[A1n+10if id.ui
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•:.'rorR"+[rE Ms T ._r ��W1900�RwG PONc .rAl"
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d
EIELCYm rMWW.0-A1'E45— o. - �•''-- -.� a ��
WrGGOn sucAr".-
putGo S.uY[SSNCr4wK.~�PpflJy4
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r
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p Joe
EAST APARTMENT COMPLEX Y
Page 37
Page 219
Item#10.
H. Pedestrian Circulation Plan
xa
LI
7
_ 1 I
^I axa aa: y I O
i-_ � w
LLJ
VL
Page 38
Page 220
Item#10.
1. Conceptual Building Elevations (dated: 5/31/2021)
Ar
awl
i
-�-Wz
r
r
06
.�cF�W�.fn•�Y.v+G BUIDroa a.c ..-—--- ��
Page 39
Page 221
Item#10.
LG
Up -
t—
I
J i
yA�LE�kYf LAHP1HG-B�IZPIH`G:P16 `r`.^�~
� B
EA�E�Ev�L+wPIr+G-8a40`G-PIB ..W_,..,.....,'�_
Page 40
Page 222
ion
Tt
goo
_ 4 �
ii 1J
EAGLE\qEW LANDING IFA$INC;
,_ 41
� J
1111
SIGHAGE-
_t
2-
Page 42
Item#10.
VIII. CITY/AGENCY COMMENTS & CONDITIONS
Staff recommends the multi-family portion of the site is zoned R-40 instead of C-G; the
remainder of the site should be zoned C-G as requested. With this change, updated legal
descriptions and exhibit maps shall be submitted prior to the City Council hearing.Note: The
existing C.-G zoned area that ww;annue_red with Rackham Subdivision that is the western portion of
the multi-family development should be rezopied to R-40 when the out parcel is obtained and
annexed into the City.
A. PLANNING DIVISION
1. Development Agreement(DA) (4nst #201❑ 03 7925 u 20 )
nnnc) for the Rackhain development-is required as a provision of annexation of this property.
Prior to approval of the annexation ordinance,an amended DA shall be entered into between
the City of Meridian and the property owner(s)at the time of annexation ordinance adoption:
and the developeAn application for such shall be submitted to the City,preferably so that it ean go to
H FL-ft shou'd be submitted with the app Heatieft that is ea nsi ste nt with th e A4 U R FLUM
designation. gently._a fee of$303.00 shall be paid by the Applicant to the Planning
Divisii_on Drior to commene_ment of the DA. The aqmnefided 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 speeifie provisions for the amended DA.,ertai,,:.,,.,.,
t4ig site will be deter-mined at the iiiiie 91'submittal afthe applieatien-; tile fallow+'09
—ay be inekided-- TheDA ah_ll..at mi_nj m gp MQr_at�t f�1Q g
rnvisinns_
a. Development of the subject property shall be generally consistent with the preliminary
plat,landscape plan,phasing plan,conceptual development plan,pedestrian circulation
plan and conceptual building elevations submitted with the application contained herein.
b. The two(2)office buildings proposed on the northern portion of the site shall be arranged
to create some form of coirunon, usable gathering area, such as a plaza or green space in
accord with the mixed-use guidelines in the Comprehensive Plan (see pg. 3-13).
c. Provide a pedestrian pathway within the street buffer along 1-84 as depicted on the
conceptual development plan with landscaping along the pathway as set forth in UDC 1I-
3B-12C.Also provide internal pedestrian walkways throughout the site for
interconnectivity; where pedestrian walkways cross vehicular use areas they shall be
distinguished through the use of pavers,colored or scored concrete,or bricks as set forth
in UDC I1-3A-19B.4.
d. All future structures constructed on this site shall comply with the design standards in the
Architectural Standards Manual.
e. The final plat shall be recorded
fl3is site; or,the existing PUDI easements and right-of--way for S.Rolling Hill Dr.shall be
vacated and a property boundary adjustment application approved to consolidate the
existing lots into one f I parcel prior to submittal of any building permit applications for
the site.
f. Compliance with the specific use standards listed in UDC 11-4-3-27: Multi-Family
Development, is required.
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Item#10.
g. Provide off s: tom._fat!S. Rolling Ai11 D eensistent with Ada County
bot wide gr-avel Sheulders and 6 foot wide s;dewalk on one side of
S. Relling Hill Df. in aeeer-d with the City's adopted standards, speeifiea4ians
Ratline Hill Df:. Ac es f��tlte_vt t .laa11 bap v dui �5 >st�i fi��.
Oyer Law d_R__c mer em onl i acce��ll b�Prov_idedY-w-Ro_IlJRH D-E-&1e Witth
eview.of'fitture protects to the soot . Rallirrg_Hill D% mal,be opened ba. up or i
g �a r�s 1._ 11ri it�,y e er tr r? t v the n ,cud -
h. Construction traffic for the proposed development shall access the site from the west via
Silverstone Way rather than from S. Rolling Hill Dr, as committed to by the Applicant.
i. The out-parcel(Parcel #S1.116427 M a]ong_the northern_boundary of the site shall be
annexed into the City within one(1)year of recordation of the Development Agreement,
the western C-G zoned portion of the multi-family development shall be rezoned to R-40
at the same time.
Preliminary Plat:
2. The final plat shall include the following revisions:
a. Include a note granting cross-access/ingress-egress easements between all lots in the
subdivision as well as to the properties to the west(Parcel# R7319432000&
R7319431900) and to the north (Parcel #S 1116427890)via a note on the final plat or a
separate recorded easement in accord with UDC 11-3A-3A.2. In lieu of granting an
access easement to Parcel#S 11 16427890•the Applicant shall submit a copy of the
purchase agreement or warranty deed in their name for the out-parcel.
b. Depict the street buffer along I-84 on Lots 3-6 in a common lot or a permanent dedicated
buffer, maintained by the property owner or business owners' association per UDC I I-
3B-7C.2b.
3. The landscape plan submitted with the final plat shall be revised as follows:
a. Depict a pathway within the street buffer along I-84 as shown on the CUP landscape plan
with landscaping in accord with the standards listed in UDC 11-313-12C.A 5-foot wide
landscape strip is required on both sides of'1he pathwgv planted with a mix of trees,
shrubs, lawn andlor other vegetative ground cover.
b. Depict a 6-foot tall wrought iron fence along the east boundary of the site adjacent to the
Ridenbaugh Canal outside of the NMID's irrigation easement.
4. Future development shall be Consistent with the minimum dimensional standards listed in
UDC Tables 11-2B-3 for the C-G zoning district and II-�?J-8 for the R-40 zoning district.
5. All waterways on this site shall be piped as set forth in UDC 11-3A-6B unless otherwise
waived by City Council. The Applicant requests approval ol'a waiver frorn City Council to
leave the Ridenbaugh Canal open Counod unnmed the request to leave the Ridenbaugh
Canal open6- Cross aeeess�ingress egress easementsshall be pfovided between all in!s ift the subdivision as
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Item#10.
!he final plater-aseparate recorded easement-ii aeeai with rz C—i 1 3 r 3A.2.Inchided in
catadition #2a above.
7. The right-of-way for the portion of S. Rolling Hill Dr, north of the southern boundary of the
site stealI be-vacated prior to signature on the final plat.
Not
necessary to include as a plat condition as it's included as a DA provision above in Section
VIII.A.I e.
Conditional Use Permit:
9, Compliance with the specific use standards listed in UDC 11-4-3-27: Multi-Family
Development is required.
10. The site/landscape plans included in Section V[I shall be revised as follows:
a.
the site as set fbfth in UDG Table 11 2# 1, landseaped per the standards listed in WDG
development- Not requited ivith R-40 zoning.
b. Depict all property lines in order to demonstrate compliance with the minimum setback
requirements listed in UDC Table 11 28 3 11-2A-5 and 11-4-3-2 78,1.
c. 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 in accord with UDC I1-4-3-
2 7B.2.
d. Depict the location of the property management office; maintenance storage area; central
mailbox location,including provisions for parcel imail,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.
e. Depict a 6-foot tail sight obscuring fence or wall along the southern boundary of the site
as an added buffer to the rural residential properties to the south in Rolling Hill
Subdivision.
f. Depict landscaping along all elevations that face the private drives in accord with the
standards listed in UDC 11-4-3-27E.
g. Depict landscaping along all pathways per the standards listed in UDC II-3B-12C.A mix
of trees, shrubs, lavers andlor other vegetative ground cover vvith a aninitnian of one (1)
tree per 100 linear feet q f pathwat
h. Depict pathway stubs at the southern boundary of the site near the west and east
boundaries of the site for future extension upon redevelopment of the properties to the
south for pedestrian connectivity with adjacent developments.
i. Depict a minimum of 26 bicycle parking spaces per the standards listed in UDC 11 3C-
6G; bicycle parking facilities shall comply with the standards listed in UDC I1-3C-5C.
Bike racks shall be provided in central locations for each building.
.1
Tequred Parking-spaces pet!UDC 11-3C 3A-6-. Based on the number of bedrooms per unit
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Item#10.
andsquare footage of the clubhouse proposed, a minimum of 664 standard off-street
parking spaces are required with 348 of those being in a covered carport or garage,if
these i:rr►r:berslsgarure}notage churzge, parking Ifarx}r be ad
jusled accordingly to comply
with applicable UDC standards. Parkhjg standard alternatives are listed in UDC I1-3C-
L-Cftv cnundI ruaPmved e P_roPased,a�rl ty_as-is-w9h na uAdi oral aarkinxrewrgd.
k. Minimum 7-foot wide sidewalks shall be provided where parking abuts sidewalks if
wheel stops aren't proposed to prevent vehicle overhang in accord with UDC 11-3C-5134;
if 7-foot sidewalks are proposed,the length of the stall may be reduced to 17 feet.
11, TheDiree�efjQjLy.Cp cil..a roved the Applicant's request for Alternative Compliance to
the private usable open space standards in UDC 11-4-3-27.13.3
° t4 50-W
zcr_Q. fQrto uniLa, 4qua�ftSs.f.] ❑r 1-beda uni ids
bedroom units.
12- 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 as set forth
in UDC 11-4-3-27B.5.
13. 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 as set forth in UDC 11-4-3-27F. A recorded copy of the document shall be submitted
prior to issuance of the first Certificate of Occupancy for the development.
14. A Certificate of Zoning Compliance and Design Review application is required to be
submitted for approval of the site and building design prior to submittal of building permit
applications.
B. PUBLIC WORKS
1. Site Specific Conditions of Approval
1.1 Instead of running parallel 6" and 8" water main,change the layout to a single 8" water
main, connect the hydrant,then install a jurisdictional valve to the fire service line.
1? Do not have a sewer stub to the south on S Rolling Hills Dr. These properties will he served
from Overland Rd,
1.3 Ensure no permanent structures are within any City easements including but not limited to
buildings, car ports,trash enclosures,trees, shrubs, fences, light poles, infiltration trenches,
etc.
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.
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Item#10.
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 farm 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 8112"x i 1"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 1 I-3A-6. in performing such work,the applicant shall comply with Idaho Code 42-
1207 and any other applicable law or regulation.
2.7 Any wells that will not continue to be used must be properly abandoned according to Idaho
Well Construction Standards Rules administered by the Idaho Department of Water
Resources. The Developer's Engineer shall provide a statement addressing whether there are
any existing wells in the development, and if so,how they will continue to be used,or
provide record of their abandonment.
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 1 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 Fay 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.
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Item#10.
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 shalt be performed in conformance with MCC 1 1-12-3H.
2.17 Compaction test results shall be submitted to the Meridian Building Department for all
building pads receiving engineered back fiil,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 I-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 all 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 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.ineridiancity.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 infortnation 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 inforination at 887-2211.
C. FIRE DEPARTMENT
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D. POWCE DEPARTMENT
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Item#10.
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E. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
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F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
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G. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST 1DAH0(COMPASS)
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H. WEST ADA SCHOOL DISTRICT(WASD)
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1. ADA COUNTY HIGHWAY DISTRICT(ACHD)
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IX. FINDINGS
A. Annexation and/or Rezone(UDC 11-5B-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;
The City Council_finds the proposed zoning map amendment to C-G and subsequent
development is consistent with the Comprehensive Plan and the MU R FL UM designation.
2. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds the proposed map amendment will allow for the development of a mix
of once and multi;family residential uses which will assist in providing for the service needs
of area residents consistent with the purpose statement of the commercial districts in accord
with the Comprehensive Plan.
3. The map amendment shall not be materially detrimental to the public health, safety,and
welfare;
The City Council finds the proposed zoning map amendment should not be detrimental to the
public health, safety and welfare.
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Item#10.
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
The City Council finds the proposed zoning burp amendment will not result itt an adverse
impact on the delivery ofsemices by anY political subdivision providing public services
within the City.
5. The annexation(as applicable)is in the best interest of city.
The City Council.finds the proposed annexation is in the best interest of,the City.
B. Preliminary Plat:
In consideration of a preliminary plat,combined preliminary and final plat,or short plat,the
decision-making body shall make the following findings:
l. The plat is in conformance with the Comprehensive Plan;
The City Council.f inds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan in regard to land use and transportation. (Please see Comprehensive
Plan Policies in, Section IYof this repot?for more information.)
?. Public services are available or can be made available and are adequate to accommodate the
proposed development;
The City Council,finds that public services will be provided to the subject property with
development. (See Exhibit B o}'the Staff'Report for more details from public service providers,)
3_ The plat is in conformance with scheduled public improvements in accord with the City's
capital improvement program;
Because 04, water and sewer and at?-v rather utilities will be provided by the development at
their own cost, the Cit3x Council,finds that the subdivision will not require the expenditure of
capital itnprovetnent funds.
4, There is public financial capability of supporting services for the proposed development;
The City Council finds there is public financial capability of supporting services-for the
proposed development based upon comments from the public service providers (i.e., Police,
Fare,ACHD, etc.). (See Section VIII,for more information.)
5. The development will not be detrimental to the public health, safety or general welfare; and,
The City Council is not aware ofnnv health,safety, or environmentral problems associated with
the platting of this property. ACHD considers road safety issues in their analysis.
6. The development preserves significant natural, scenic or historic features..
The City Council is unaware of any.significant natural,scenic or historic.features that exist on
this site that require preserving_
C. Conditional Use Permit(UDC 11-5113-6E)
The Commission shall base its determination on the Conditional Use Permit requests upon the
following:
l. 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_
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Item#10.
The Cio) Council finds that the subject property is large enough to accotnntodate the
proposed use and dimensional and development regulations rlf'the _-4_ r d C-G district(see
Analis•is, Section V.for more itfo►anation).
2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord
with the requirements of this Title.
The City Council finds that the proposed use is consistent with the future land use map
designation oj'MU--R and is allowed as a conditional use in UDC Table 11-2B-?in tilt,C-G
zoning district.
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.
The City Council finds the proposed design of'the development, construction, operation and
maintenance should be compatible with the nnir of other uses planned for this area and with
the intended character of the area and that.such uses will nett adverselj,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.
The City Council finds that if the applicant complies with the conditions outlined in this report,
the proposed use will not adversely affect other property in the area.
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.
The City Council finds that essential public services are available to this property rend th►rt the
use will be adequatey!set?ed bk,these facilities..
D. Alternative Compliance(UDC 11-513-5):
In order to grant gpproval of an alternative compliance application.the Director shall determine
the following:
The Applicant requested Ow Council review of the Director's decision on the request for
Alternative Compliance to UDC 11-4-3-27B.3. Citv Council apptoved the Applicant's request as
orig nrallyproposed.
l. Strict adherence or application of the requirements is not feasible, OR
The Director inds UDC Table 11-3C-6 does not include parking requirements for studio
units,-_them ore, this rndin2 does not ygplt�.
The feeler City_Council_finds strict adherence or application of the requirements in UDC
11-4-3-27B.3 is feasible but to comgl,. the number oj'units mat,need to be reduced or other
changes made to the development plait.
2_ The alternative compliance provides an equal or superior means for meeting the
requirements;and
The Director finds the proposed alternative compliance oj'proyidh►g parking for studio units
consist with the standards{ar vertically integrated residential units, which is also consistent
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Item#10.
with current updated standards Lor studio unitsprovides an a uid means Lor meefiyLg the
requirement.
71we e tnrlr the p►oposed alternative complirrwtce to the private usable
open space standards in UDC 11-4-3-27B.3 far each unit hwacceptable
F.,.auegion 0%y.._.piubk due to the extraordinary site amenities proposed along with the
innovative, new urban design with an emphasis on integrated, internal open space and
,facilities proposed.
3. 'll1e_altemative_means will not be materially_detrimental to_the_public welfare_or_impair the
intended uses and character of the surrounding properties.
The Director farads that the proposed alternative means ofcompliance to UDC Table 11-3C-6
wilrmr t ie detri.m w tal to tba"blic-1ve f e or mWak tthe i rt rded rtse char aver _tlae
sumounding properties. h i ^Council find the
Applicant's proposal for alternative compliance to I1-4-3-27B.3 will not be detrimental to
the Public welfare or impair the intended uselcharacter ofthe surrounding properties.
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