Z - Signed Findings and Order CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN
AND DECISION&ORDER
In the Matter of the Request for Annexation of 1.36 Acres of Land with the R-40 Zoning District,
Rezoning of 4.18 Acres of Land from C-G and R-8 to R-40, and a Conditional Use Permit to Allow
Expansion of an Existing Multifamily Complex to Allow 36 Additional Units in Two New Buildings,
by Tamara Thompson with The Land Group,Inc.
Case No(s). H-2021-0027
For the City Council Hearing Date of. March 22,2022 (Findings on April 5,2022)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of October 12,2021,incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of October 12, 2021, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of October 12,
2021, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of October 12,2021, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use
Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified as
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019,Resolution No. 19-2179 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s)received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision,which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the
Community Development Department,the Public Works Department and any affected party
requesting notice.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(HERON VILLAGE PHASE TWO-FILE#H-2021-0027)
- 1 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of October 12,2021, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for annexation,zoning to R-40 and conditional use permit is hereby
approved per the conditions of approval in the Staff Report for the hearing date of October 12,
2021, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat,combined preliminary and final plat,or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two(2)years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat(UDC 11-613-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two(2)years,may be considered for
final approval without resubmission for preliminary plat approval(UDC 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up
to two(2)years as determined and approved by the City Council may be granted. With all
extensions,the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension,the property shall be required to go through the platting procedure again(UDC 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
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting,the final plat must be signed by the City
Engineer within this two(2)year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the
use not to exceed one (1)two(2)year period.Additional time extensions up to two (2)years as
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(HERON VILLAGE PHASE TWO-FILE#H-2021-0027)
-2-
determined and approved by the City Council may be granted. With all extensions,the Director
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title 11(UDC 11-513-6F).
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 67-6511A. 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. Judicial Review
Pursuant to Idaho Code § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho
Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted, including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67,Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
G. Attached: Staff Report for the hearing date of October 12, 2021
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(HERON VILLAGE PHASE TWO-FILE#H-2021-0027)
-3-
By action of the City Council at its regular meeting held on the 5th day of April
2022.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED
COUNCIL VICE PRESIDENT JOE BORTON VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER TREG BERNT VOTED
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison 4-5-2022
Attest:
Chris Johnson 4-5-2022
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 4-5-2022
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(HERON VILLAGE PHASE TWO-FILE#H-2021-0027)
-4-
item#,9. EX H I BIT A
STAFF REPORT E IDIAN--
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 10/12/2021 Legend mm n
DATE:
Po, jecT Lacs Tian Li-J,
TO: Mayor&City Council
FROM: Alan Tiefenbach,Associate Planner �I
208-884-5533 r ��
SUBJECT: H-2021-0027
Heron Village(Phase 2) ---
�. ..
LOCATION: The site is located at 51, 125 and 185 E.
Blue Heron Ln,in a portion of
Government Lot 6 of Section 6,
Township 3 North,Range 1 East.
1. PROJECT DESCRIPTION
This is a proposal for annexation of 1.36 acres of land with the R-40 zoning district,rezoning of 4.18
acres of land from C-G and R-8 to R-40, and a Conditional Use Permit to allow expansion of an
existing multifamily complex to allow 36 additional units in two new buildings.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage mmm 1.36 acres being annexed,5.54 acres being rezoned to R-40
Future Land Use Designation MU-N
Existing Land Use(s) Single Family Residential/Rural
Proposed Land Use(s) Multifamily
Lots(#and type;bldg./common) Existing development is on 5 lots,one more lot would be
annexed.
Phasing Plan(#of phases) One phase
Number of Residential Units(type 108 existing,36 more proposed
of units)
Density 19.6 du/acre(total)
Open Space(acres,total Existing— 1.58 acres(29%),Usable.96 acres(17%)
[%]/buffer/qualified) Proposed— 10,200 sq.ft.req'd, 15,300 sq.ft.proposed
Amenities Existing amenities include half basketball court,plaza
containing benches and trellis, 1,620 sq.ft.clubhouse with
exercise room,playground,horseshoe pit,barbeques and
picnic tables.
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Item#19.
Description Details Page
Proposed amenities include 70'x100' grassy area,park
benches and picnic tables,enclosed bike storage.
Physical Features(waterways, None
hazards,flood plain,hillside)
Neighborhood meeting date;#of February 10,2021 —7 attendees
attendees: Staff has received 2 letters and 5 voicemails in opposition
to this request.Issues expressed include parking along E.
Blue Heron and lack of emergency access.
History(previous approvals) AZ 01-014,CUP 12-0021,MCU 13-005,CZC 13-038,
DES 13-039)
B. Community Metrics
Description Details Page
Ada County Highway District
• Staff report(yes/no) Yes
• Requires ACHD No
Commission Action
es/no
Access(Arterial/Collectors/State One existing access from E.Blue Heron Ln(local road),
Hwy/Local)(Existing and Proposed) one additional access proposed from E.Blue Heron Ln
Existing Road Network E.Blue Heron Ln(local road)and N.Meridian Rd
(arterial)
Existing Arterial Sidewalks/ • Sidewalk already exists along N.Meridian Rd.
Buffers • 5' wide sidewalk is constructed along the portion of
Blue Heron Ln of which the existing multifamily
development exists
• The landscape plan indicates this sidewalk will be
extended along the frontage of the additional property
where the expansions are proposed.
Proposed Road Improvements Staff is recommending an existing pathway connecting the
east terminus of E.Blue Heron to N.Eureka Ave be
widened for emergency access only.
Distance to nearest City Park(+ '/z mile to Settler's Park,3/4 mile to 8th St Park,
size)
Distance to other key services 0.5 mile+/-to shopping center and commercial services at
N.Meridian Rd/E.Fairview Ave intersection.
Fire Service
• Distance to Fire Station 1.8 miles to Fire Station 3
• Fire Response Time <5 minutes
• Resource Reliability 78%
• Risk Identification 2—current resources not adequate to supply service
• Accessibility A Meets all requirements
• Special/resource needs Aerial device will be required
• Water Supply � 2,250 gpm
• Other Comments • All buildings must be sprinklered.
• Fire has expressed issues with parking availability
and cars parked along W.Blue Heron.
• Fire has recommended secondary emergency
access to N.Eureka Rd.
Police Service
• No comments
West Ada School District
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Item#19.
Description Details Page
• Distance(elem,ms,hs) 4.4 elem, 1.7 ms,2.6 hs
• #of Students Enrolled 4 additional school-aged children projected
Wastewater
• Distance to Sewer N/A
Services
• Sewer Shed Five Mile Trunkshed
• Estimated Project Sewer See application
ERU's
• WRRF Declining Balance 14.16
• Project Consistent with Yes
WW Master Plan/Facility
Plan
Water
• Distance to Water Services 0
• Pressure Zone 2
• Estimated Project Water See application
ERU's
• Water Quality No concerns
• Project Consistent with Yes
Water Master Plan
• Impacts/Concerns • No proposed water infrastructure submitted with this
record.Engineering must review any new
infrastructure. Connect to existing apartment
development to west and to Blue Heron Ln.
• Existing water services must be abandoned at the main
in Blue Heron Ln.
• Both addresses(125 and 185 E Blue Heron Ln)have a
meter to the site.If these meters are not used they need
to be abandoned at the main.
• Provide looping of water line from Blue Heron Rd to
existing water line to the west in Heron Village.
• Provide water stub to east property boundary to facility
future looping.
• Ensure no permanent structures(trees,bushes,
buildings,carports,trash receptacle walls,fences,
infiltration trenches,light poles,etc.)are built within
the utility easement.
Page 3
Page 249
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Item#19.
III. Applicant Information
A. Applicant/Representative:
Tamara Thompson—The Land Group, Inc—462 E. Shore Dr, Ste. 100, Eagle,ID, 83616
B. Owner:
PPHC Heron Property LLC—28717 Grumman Dr.,Eugene,OR 97402
IV. NOTICING
Planning&Zoning City Council
Posting Date Posting Date
Newspaper Notification 6/25/2021
Radius notification mailed to
properties within 300 feet 6/22/2021
Nextdoor posting 6/22/2021
Sign Posting 9/7/2021
V. STAFF ANALYSIS
Background
The existing Heron Village Apartments consist of 108 units in 5 buildings on 5.5 acres. 0.65 acres are
zoned R-8 and were platted with the J. E. Pfost's Subdivision in 1908. The remaining 4.86 acres are
zoned R-40 and C-G and were annexed in 2002 as the Ted Williams Annexation. There are several
conditions of approval of this annexation regarding road and infrastructure improvements,but no
development agreement. A conditional use permit was approved for the multifamily complex in 2013
(CUP 12-021). In 2014 a modification to the conditional use was approved(MCU-13-005)to allow
replacement of several of the amenities. A Certificate of Zoning Compliance was approved in April
of 2013 (CZC 13-038).
In September of 2020,the applicant requested a pre-application meeting with staff to discuss
annexation of an additional 1.36 acres of land to the east of the existing complex(185 E. Blue Heron
Ln)to construct 36 more units in two buildings. Because the Heron Village Apartments were on
several properties within different zone districts (C-G, R-40 and R-8) and because they were annexing
and zoning additional property anyway, Staff recommended to the applicant that it would be
preferable to rezone all of the associated properties to R-40.
A. Annexation
The proposed annexation area is contiguous to City annexed property and is within the Area of City
Impact Boundary. A legal description and exhibit map for the annexation and rezone area is included
in Section VII.
There is not a development agreement with the existing development. As will be discussed below,
staff and the applicant have discussed this project with the understanding that what is currently being
proposed is a second phase and expansion to the existing development with shared parking, amenities
and open space. To ensure this intent is met and the project develops cohesively, staff recommends
this be reflected in a development agreement.
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Item#19.
B. Future Land Use Map Designation(https:llwww.meridianciu.or /g compplan)
The Future Land Use Map designates the subject property for Mixed Use Neighborhood(MU-N).
The purpose of this designation is to assign areas where neighborhood-serving uses and dwellings are
seamlessly integrated into the urban fabric. The intent is to avoid predominantly single-use
developments by incorporating a variety of uses. Land uses in these areas should be primarily
residential with supporting non-residential services.Non-residential uses in these areas tend to be
smaller scale and provide goods or services that people typically do not travel far for(approximately
one mile)and need regularly.
This proposal is to annex a 1.2-acre lot zoned R-1 in the County, and zone it and a 0.65-acre lot to the
west(already zoned R-8 in the City)to R-40. The purpose is to proceed with a conditional use for a
36-unit expansion to an existing multifamily development. This application also includes rezoning the
portion of the existing multifamily development that is C-G to R-40 so the entire development is in
the same zone district. The subject property is between high density residential at north and south,
with uses becoming progressively more commercial to very intensive commercial uses at the N.
Meridian Rd. E. Fairview Ave intersection. As this project is to allow expansion of the existing
multifamily to an infill vacant parcel to the east, staff believes at the regional scale this proposal
meets the intent of the Plan.
C. Comprehensive Plan Policies (https://www.meridianciU.or /g compplan):
• Encourage a variety of housing types that meet the needs,preferences, and financial
capabilities of Meridian's present and future residents.2.01.02D
The proposed multifamily residential development will contribute to the variety of housing
types available within the City.
• Support infill development that does not negatively impact the abutting, existing
development. (2.02.02C)
This proposal is to allow infill of an existing vacant parcel on the northeast portion of the
subject properties to allow expansion of an existing multifamily development, surrounded by
existing multifamily development to the north and south, industrial uses to the east, and
religious and single family residential across N. Meridian Rd to the west. Although there
could be some incremental impacts associated with additional units, the impacts associated
with this development are already primarily established and there would be few or negligible
impacts on the single family residential across N. Meridian Rd.
• Encourage the development of high quality, dense residential and mixed-use areas near in and
around Downtown,near employment,large shopping centers,public open spaces and parks,
and along major transportation corridors, as shown on the Future Land Use Map. (2.02.01E)
This expansion to an existing multifamily development is located along N. Meridian Rd, in
close proximity to a variety of commercial uses, including approximately% mile to a
shopping center, along the intensely commercial E. Fairview IN. Meridian Rd. intersection.
• Encourage infill development. (3.03.01E)
The proposed annexation of an additional parcel of land surrounded by existing development
to allow expansion of an existing multifamily complex would be considered an infill
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)
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Item#19.
Urban services and public facilities are already being provided to the existing multifamily
complex. This proposal would allow an additional 36 units in two buildings.
D. Existing Structures/Site Improvements:
There is an existing residence,which was constructed in 1954, and accessory structures on the
property that is currently zoned R-8. All structures will be removed with development of the
additional 36 units.
E. Proposed Use Analysis:
The request is to annex 1.36 acres with an R-40 zone, and rezone a R-8 zoned parcel as well as
the C-G zoned portion of the existing multifamily development to R-40 to clean-up the zoning for
the existing development and to allow 36 additional multifamily units. This is allowed by
conditional use per UDC 11-2A-8.
F. Specific Use Standards(UDC 11-4-3):
The specific use standards for multi-family developments listed in UDC 11-4-3-27 apply to
development of this site as follows:
i. Buildings shall provide a minimum setback of ten(10)feet.
The site plan indicates both buildings meet a minimum setback of at least 10'on all sides.
ii. All on-site service areas, outdoor storage areas,waste storage,disposal facilities,and
transformer and utility vaults shall be located in an area not visible from a public street,
or shall be fully screened from view from a public street.
The submitted landscape plan reflects dumpsters in an enclosure and screened by
landscaping at the east portion of the property. Details regarding this enclosure and any
additional ground or roof mounted mechanical or electrical equipment meeting the
requirements of 11-3A-12 and 11-4-27 will be required to be submitted with the
Certificate of Zoning Compliance (CZC).
The landscape plan indicates ground-mounted condenser units. One of these groups of
condenser units is at the north side of Building F, directly along E. Blue Heron Ln.
Although the landscape plan suggests 4'high vinyl fencing screening these unit, staff
believes there should be additional mitigation to soften the view from the street. Staff
recommends additional shrubs be grouped in this area. It should be noted shrubs are
required along the building foundation already per the specific use standards, so this
would be in addition to that requirement.
iii. A minimum of eighty(80)square feet of private,usable open space shall be provided for
each unit. This requirement can be satisfied through porches,patios, decks, and/or
enclosed yards. Landscaping, entryway and other accessways shall not count toward this
requirement.
Floorplans of the units indicating this requirement is met shall be required at the time of
CZC.
iv. Developments with twenty(20)units or more shall provide a property management
office,maintenance storage area, central mailbox location, including provisions for parcel
mail, and a directory and map of the development at an entrance or convenient location
for those entering the development.
All of these requirements have already been provided and shown on the site plan
associated with the CZC approved for the existing development.
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Item#19.
V. A minimum of 250 sq. ft. of common open space shall be provided for each unit of
between 500 sq. ft. and 1,200 sq. ft in area; 350 sq. ft. of common open space is required
for all units greater than 1,200 sq. ft in area.
The applicant has provided an open space exhibit which reflects the required open space
for both Phase I and Phase 2. 41,870 sq.ft. of open space was required with Phase One
whereas 53,000 sq.ft. is provided. 10,200 square feet of qualified open space is required
with Phase 2, whereas 15,330 sq.ft. is proposed. The proposal meets the minimum
requirements of UDC 11-4-3-27.
vi. Amenities
The existing development consists of 108 units, and an additional 36 units are proposed.
The existing development provides a half basketball court,plaza containing benches and
trellis, 1,620 sq.ft. clubhouse with exercise room,playground, horseshoe pit, barbeques
and picnic tables. This proposal proposes two additional amenities-an approximately
8,600 sq.ft. open space park and 52 new bicycle storage spaces.
UDC 11-4-3-27-D states `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." The Planning Commission should decide if the
amenities are sufficient for the existing development as well as the proposed expansion.
vii. All street facing elevations shall have landscaping along their foundation. The landscaped
area shall be at least three(3) feet wide. For every three (3)linear feet of foundation, an
evergreen shrub having a minimum mature height of twenty-four(24)inches shall be
planted.
The landscape plan does show landscaped areas around the foundations of the buildings,
although it does not indicate whether this includes shrubs. As mentioned above, staff is
recommending additional landscaping around the mechanical equipment visible from E.
Blue Heron Ln.
G. Dimensional Standards(UDC 11-2):
Dimensional standards of the R-40 zoning district include 10' front setbacks, 12' rear setbacks, 3'
side setbacks, and a maximum building height of 60'.However, as mentioned in the specific use
standards above, 10' setbacks are applied to all multifamily projects (on all sides). The
development as proposed meets these setbacks, and the elevations provided indicate a maximum
height of approximately 42' from the highest roof pitch. The proposal meets all the dimensional
requirements.
H. Access(UDC 11-3A-3, 11-3H-4):
There is one existing access from E. Blue Heron Ln. (local road) serving the existing 108 units;
one additional access is proposed from E. Blue Heron Ln.
Meridian Fire has commented that although the site does provide two points of access,both of
these accesses are from E. Blue Heron Ln.with the only way in and out occurring from N.
Meridian Rd.Fire;they prefer another point of access that does not solely rely on N. Meridian
Rd.
E. Blue Heron Ln.terminates into a pathway at the east end which then connects to N. Eureka
Ave. Based on discussion with the applicant,they agreed to widen this pathway to 20 feet wide or
as approved by Meridian Fire, and provide bollards on either end to allow secondary fire access.
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Item#19.
I. Parking(UDC 11-3C):
UDC 11-3C-6 requires 1.5 parking spaces per each one-bedroom dwelling unit and at least 2
parking spaces for 2-3 bedrooms units. At least one parking space for each of these units must be
in a covered carport or garage.
As requested by staff,the applicant submitted a site plan which indicates the required and
proposed parking for both Phase One(the 108 units) and Phase Two(the 36 additional units).
Phase One was required to provide 204 parking spaces with 102 of them covered spaces. 207
parking spaces are provided,with 195 of them being covered. Phase Two is required to provide
69 parking spaces,with 36 of them covered spaces. 87 spaces are provided,with 71 of them being
covered. 6 total bicycle parking spaces are required with this development. The parking exceeds
the requirements by 21 parking spaces.
The site plan indicates 17' long parking spaces on the south side of Building F, east side of
Building G and surrounding the open space. As required by UDC 11-3C-5, sidewalks are at least
7' in width in these areas to allow for vehicle overhang. The remaining parking spaces are shown
to be 19' in length. The applicant should be aware that all off-street parking areas shall be
provided with a substantial wheel restraint to prevent cars from encroaching upon abutting private
and public property or overhanging beyond the designated parking stall dimensions. Wheel stops
are not indicated on the site plan or landscape plan. These should be indicated on the site plan
with the CZC.
Meridian Fire,Police and the surrounding residents have commented that parking has been a
continuous issue for this development, as residents and guests often park on both sides of E. Blue
Heron Dr,making emergency access difficult. One cause of this issue is that many of the garages
that are intended to be used to satisfy parking requirements are being used for storage, leading to
spill-over in other areas of the development and along the local streets. As 71 parking spaces are
proposed to be covered with Phase II, staff recommends these covered spaces be accommodated
by carports and not garages,to avoid dedicated covered spaces being used for storage.
Elevations of the carports have not been provided. At the time of CZC,the applicant will need to
provide elevations that reflect the accessory structures are compatible with the primary buildings
and meet all the minimum dimensional requirements of UDC 11-3C-6. The applicant should also
be aware that the site plan indicates striped pedestrian crossing areas across the parking lots.UDC
11-3A-19-4 requires internal pedestrian walkways to be distinguished from the vehicular driving
surfaces through the use of pavers, colored or scored concrete, or bricks.
J. Sidewalks (UDC 11-3A-17):
Sidewalk already exists along N. Meridian Rd,which has recently been reconstructed. 5' wide
sidewalk is constructed along the portion of Blue Heron Ln. of which the existing multifamily
development exists;the landscape plan indicates this sidewalk will be extended along the
frontage of the additional property where the expansions are proposed in accord with UDC
standards.
K. Landscaping(UDC 11-3B):
A 25' wide landscape buffer has already been provided along N. Meridian Rd as required by
UDC Table I I-2B-3. W. Blue Heron Lane is classified as a local street and as such does not
require a street buffer in the R-40 zoning district. However,a 17' wide landscape buffer was
installed along the portion of the property frontage developed with Phase One,and the landscape
plan indicates this buffer is proposed to continue along the frontage to the property line with
Phase Two. A 12' +/-landscape buffer is proposed along the eastern property line, although a
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Item#19.
residential buffer is not a requirement for multifamily in the R-40 zoning district and this property
is directly adjacent to an existing meat packing plant.
It does appear there is at least 3' wide landscaping areas along the foundations of both buildings
with street facing elevations as required per the specific use standards for multifamily,but the
landscape plan does not specifically identify shrubs in this area. As mentioned, staff believes
there should be additional landscape screening along the street-facing sides of the condenser unit
screen fences along E. Blue Heron Ln. The landscape plan submitted with the Certificate of
Zoning Compliance application shall comply with all landscaping requirements and is required to
be prepared by a landscape architect, landscape designer, or qualified nurseryman,per UDC
131C-3B.
L. Qualified Open Space (UDC 11-3G):
The applicant has provided an open space exhibit which reflects the required open space for both
Phase 1 and Phase 2. 41,870 sq. ft. of open space was required with Phase One whereas 53,000
sq. ft. is provided. 10,200 square feet of qualified open space is required with Phase 2,whereas
15,330 sq. ft. is proposed. The open space provided for Phase 2 exceeds the requirements.
M. Qualified Site Amenities (UDC 11-3G):
UDC 11-4-3-27 requires 4 amenities from each category for multifamily developments of more
than 75 units,but 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.
The existing development provides a half basketball court,plaza containing benches and trellis,
1,620 sq. ft. clubhouse with exercise room,playground,horseshoe pit,barbeques and picnic
tables.With the proposed expansion the applicant proposes a 50'x 100' sq. ft. open space area
and 52 additional enclosed bike storage facilities. The Planning Commission should decide if the
amenities are sufficient for the existing development as well as the proposed expansion.
N. Fencing(UDC 11-3A-6, 11-3A-7):
The landscape plan reflects perimeter fencing that is to match existing fencing.At the time of the
CZC,the applicant shall provide all fencing details on the landscape plan.
O. Utilities (UDC 11-3A-21):
There is infrastructure serving the existing development.All development is required to connect
to the City water and sewer system unless otherwise approved by the City Engineer in accord
with UDC 11-3A-21.
P. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual):
Conceptual elevations were submitted with this proposal. The elevations utilize architecture that
is consistent with the existing buildings including multiple roof pitches,dormers,canopies and
outdoor second and third story railings. Building materials include hardiboard lap siding,
hardishake shingle siding, cultured stone columns and asphalt singles. Building elevations will be
reviewed against the ASM manual at time of CZC.
VI. DECISION
A. Staff:
Staff recommends approval of the annexation of 1.36 acres of land with the R-40 zoning district,
rezoning of 4.18 acres of land from C-G and R-8 to R-40, and a Conditional Use Permit to allow
expansion of an existing multifamily complex to allow 36 additional units in two new buildings
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Item#19.
per the provisions and comments included in Section VII in accord with the Findings in Section
VIII
B. The Meridian Planning&Zoning Commission heard this item on September 16,2021.At the
public hearing,the Commission moved to recommend approval of the subject annexation,zoning
and conditional use request.
1. Summary of the Commission public hearing
a. In favor: Tamara Thompson
b. In opposition:None
c. Commenting: Tamara Thompson
d. Written testimony: Staff has received 5 voicemails and three letters in opposition.
e. Staff presenting gpplication: Alan Tiefenbach
f Other Staff commenting on application:None
2. Key issue(s)of public testimony
a. Three citizens testified in opposition. Concerns expressed regarded traffic,parking,
emergency access and litter
3. Key issue(s)of discussion by Commission:
a. Commission discussed whether parking could be increased,their understanding that
parking is an issue along E. Blue Heron Ln,problems associated with litter,whether the
applicant could work with ACHD to limit parking along E. Blue Heron Ln, and whether
a parking enforcement company can be utilized,
4. Commission change(s)to Staff recommendation:
a. Prior to City Council,the applicant will have a parking plan that has been addressed
with ACHD,
b. Prior to City Council,the applicant shall have an agreement in place with the property
management company on enforcement of the parking regulations
c. The applicant shall add additional trash receptacles.
d. Condition 2-C shall be amended that the applicant widen and improve the pathway
between E. Blue Heron Ln. and N. Eureka Ave.to 15 feet wide instead of 20-feet wide.
C. The Meridian City Council heard these items on October 12,2021 and continued the hearing to
December 7,2021 and March 22,2022. At the public hearing,the Council moved to approve the
subject annexation,rezoning and conditional use permit requests.
1. Summary of the City Council public hearing:
a. In favor: Tamara Thompson,Mysti Stelluto
b. In opposition: Valinda Sorenson, Summer Hazen
c. Commenting: Valinda Sorenson, Summer Hazen, Tamara Thompson,Mysti Stelluto,
Joe Bongiorno
d. Written testimony: Carrie Shuter.Jim and Marie Kast,Bonita Ghoulson, Gail Simpson.
Jim Lane,Kathryn Small, Sandra Rogers,Valinda Sorenson
e. Staff presenting application: Alan Tiefenbach
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. Parking impacts,particularlyspill over parking along E. Blue Heron impacting-the
residents of the Heronbrook townhomes
b. Trash in and around the complex
c. Traffic impacting E. Blue Heron Ln.trucks and emergency vehicles using E. Waterbury
Ln and N. Richter Ln to turn around.
3. Key issue(s)of discussion by City Council:
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Item#19.
a. Council continued this case several times for the applicant to address parking and traffic
impacts,have management do a Parkin ag nalysis. and discuss solutions with the
neighbors and ACHD.
4. City Council change(s)to Commission recommendation:
a. Applicant shall convert all existing enclosed garages within Phase One to carports
b. Applicant shall work with City and ACHD for ACHD to consider striping parking
areas along E. Blue Heron Ln.particularly west of N.Richter Ln.
C. Applicant and staff shall work with ACHD to consider no parking and dead-end signage
along E. Blue Heron Ln
VII. EXHIBITS
A. Site Plan(date: 3/'4�z March 18,2022)
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Page 12
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Item#19.
B. Landscape Plan(date: 4/2/2021)
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Page 13
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Item#19.
C. Qualified Open Space Exhibit(date: 8/20/2021)
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Page 14
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Item#19.
D. Building Elevations(date: 3/18/2021)
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Page 15
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Item#19.
E. Annexation Legal Description
ANNEXATION
BLUE HERON APARTMENTS
PHHC HERON PROPERTY, LLC
An area of land being portions of APN: R7039000005 and APN: R703900300, Ada County records,
located in a portion of Government Lot 6 of Section 6,Township 3 North, Range 1 East, Boise Meridian,
City of Meridian, Ada County, Idaho, being more particularly described as follows:
COMMENCING at the West One Quarter corner of said Section 6,thence on the east-west mid-section
line of said Section 6, North 89'35'33" East, 505.66 feet,to the POINT OF BEGINNING:
Thence continuing on said east-west mid-section line, North 89' 35'33" East, 166.44 feet,to a
point,from which the Center West One Sixteenth corner of said Section 6 bears, North 99' 35'
33"East, 418.18 feet;
Thence leaving said east-west mid-section line,South 00'21' 57" East,384.21 feet;
Thence North 67'07'38" West, 185.36 feet;
Thence South 89' 55'20" West,9.00 feet;
Thence North 00' 20'55" East, 93.00 feet;
Thence North 89*38'42" East, 9.00 feet;
Thence North 00*20'55" East, 217.94 feet to the POINT OF BEGINNING.
The above described area of land contains 1.36 acres(59,435 Ftz), more or less.
PREPARED BY.
The Land Group, Inc. a�p�CENNS
Michael Femenia, PLSt�, '�
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03J17/2021
Page 16
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Item#19.
Annexation
for
PPHC Heron Property, LLC
Situate in a Portion of Gov't Lot 6 of Section 6
Township 3 North, Range I East, Boise Meridian
City of Meridian,Ada Ceunty,Idaba
2021
W 114 SEC.6
CPU#2Q1$-059717 EAST BLUE HERON LAND'
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PCB
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CW 1/16TH SEC.8
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EAST BLUE HERON LANE
PPHC HERON PROPERTY LLC
APN_R7039000005 I
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APN11703M0170 1
SW COR.SEC,6
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&F#113105589 N8938`42E 9.00' 245 EAST BLUE HERON LANE
N9i]°20'55"E 93.00' AREA 9F ANNEXATION SCHWEROJAMIE
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PPHC HERON PROPERTY LLC APN:R7039DM200
�`• 1.36 Acres (59,435 Ft2){ I
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03/17/2021
Page 17
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Item#19.
F. Rezoning Legal Description
REZONE to R40
BLUE HERON APARTMENTS
PHHC HERON PROPERTY, LLC
An area of land being APN: R7039000005,APN: R7039000300, and APN:R7039000170 AND portions of
APN:R7039000090,APN: R7039000080,and APN: R7039000057, Ada County records,located in a
portion of Government Lot 6 of Section 6,Township 3 North,Range 1 East, Boise Meridian,City of
Meridian,Ada County, Idaho, being more particularly described as follows:
COMMENCING at the West One Quarter corner of said Section 6,thence on the east-west mid-section
line of said Section 6, North 89'35'33"East,341.03 feet to the POINT OF BEGINNING:
Thence continuing on said east-west mid-section line, North 89'35' 33" East, 331.50 feet,to a
point, from which the Center West One Sixteenth corner of said Section 6 bears, North 89"35'
33" East, 418.18 feet;
Thence leaving said east-west mid-section line,South 00°21'57" East, 384.21 feet;
Thence South 67"07'38" East,192.71 feet;
Thence South 31"38'35" East,39.83 feet;
Thence South 89"33'08"West,399.49 feet;
Thence South 84" 29'31"West,129.04 feet;
Thence South 89" 27'49"West,75.47 feet;
Thence South 00"32' 11" East,21.00 feet;
Thence South 89' 27'49"West,119.20 feet;
Thence South 00"09'00" East,24.79 feet;
Thence North 88"59' 16" West,165.03 feet,to a paint on the west line of said Section 6,from
which point the Southwest corner of said Section 6 bears, South 00' 18' 10"West, 2100.10 feet;
Thence on said west section line, North 00" 18' 10" East,237.50 feet;
Thence leaving said west section line, North 89"36'00"East,496.84 feet;
Thence North 00"20'55" East,93.00 feet;
Thence South 89"38'42"West,1.55.89 feet;
Thence North 00"18' 10" East,217.78 feet to the POINT OF BEGINNING.
The above described area of land contains 5.54 acres(241,398 Ft'),more or less.
PREPARED BY:
The Land Group, Inc. �N},LA
Michael Femenia,PLS ti0 ENS
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Page 18
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Item#19.
W 1{4 SEC.8 P08 C1N 1}16Ta I SEC.6
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Rezone
r: for
SW CDR.SEC.5 PPHC Heron Property, LLC
l CP&F#113105589
Situate in a Portion of Gov't Lot 6 of Section 6
Township 3 North. Range 1 East. Boise Meridian
City of Meridian,Ada County, Idaho
2021
Page 19
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Item#19.
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
Site Specific Conditions of Approval
1. A Development Agreement(DA)is required as a provision of annexation of this property.
Prior to approval of the annexation ordinance, a DA shall be entered into between the City of
Meridian,the property owner(s) at the time of annexation ordinance adoption,and the
developer.
2. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
Planning Division within six(6)months of the City Council granting the annexation. The DA
shall, at minimum, incorporate the following provisions:
a. Future development of this site shall be generally consistent with the conceptual site plan,
landscape plan,qualified open space exhibit and elevations submitted with the annexation
application contained herein.
b. Phase One and Two shall share access,parking, amenities and open space.
c. The applicant shall widen and improve the pathway between E. Blue Heron Ln. and N.
Eureka Ave.to 2015 feet wide(or as approved by Meridian Fire),capable of supporting
an 80,000-pound fire truck with bollards on either end to allow secondary emergency
access.
d. Applicant shall convert all existing enclosed garages within Phase One to carports.
e. Only carports are permitted for covered narking in Phase Two
3. Prior-to City Couneil,the appReaW shall have a paFkine p! that has been-addfevAd
with ACHD to address the eoneer-ns diseussed at the September- 16,2021 Plan-
commissio
4. Prior-to City Couneil,the appligaW shall have an aer-eement in plage with the or-over-t
5. Additional trash receptacles will be added near E.Blue Heron Dr.
6. Applicant shall work with City and ACHD for ACHD to consider striping no parking
areas along E.Blue Heron Ln.particularly west of N.Richter Ln
7. Applicant and staff shall work with ACHD to consider no narking and dead-end
ignage along E.Blue Heron Ln
8. The developer shall comply with the specific use standards for multi-family developments
listed in UDC 11-4-3-27.
9. All condenser units on the north side of Building F which are visible from E. Blue Heron Ln.
shall have additional landscape screening in addition to 4' high vinyl fencing.
10. Off-street vehicle parking shall be provided on the site in accord with UDC 11-3c-4 for multi-
family dwellings. Covered parking shall be provided only by carports.
11. All carports shall be constructed to be compatible with the associated residential buildings i.e.
similar building and roof forms, architectural elements and details,and materials and colors
Page 20
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Item#19.
to maintain the quality of the architectural character) in accord with the Meridian
Architectural Standards Manual.
12. The applicant shall record legally binding documents that state the maintenance and
ownership responsibilities for the management of both phase of the development, including,
but not limited to, structures,parking,common areas,and other development features.
Documentation of compliance with this requirement shall be with submitted with the first
Certificate of Zoning Compliance application.
13. All off street parking areas shall be provided with a substantial wheel restraint to prevent cars
from encroaching upon abutting private and public property or overhanging beyond the
designated parking stall dimensions per UDC 11-3C-5. When a bumper overhangs onto a
sidewalk or landscape area,the parking stall dimensions may be reduced two (2) feet in
length if two(2) feet is added to the width of the sidewalk or landscaped area planted in
ground cover
PLANNING GENERAL CONDITIONS OF APPROVAL
1. Any fencing constructed on the site shall be consistent with the standards as set forth in UDC
11-3A-6, 11-3A-7.
2. Comply with all bulk,use, and development standards of the applicable district listed in UDC
Chapter 2 District regulations.
3. Install lighting consistent with the provisions as set forth in UDC 11-3A-11.
4. Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-
1.
5. Protect any existing trees on the subject property that are greater than four-inch caliper and/or
mitigate for the loss of such trees as set forth in UDC 11-313-10.
B. PUBLIC WORKS DEPARTMENT:
Site Specific Conditions:
1. 125 and 185 E Blue Heron Lane have existing water meters which must be used or abandoned at
the main.
2. Water must be looped from Blue Heron Road to the existing water line to the west in Heron
Village Subdivision.
3. Provide a water main stub to the east property boundary.
4. No permanent structures including but not limited to trees,bushes,buildings, fences, carports
(including overhanging eves),trash enclosures, fences, infiltration trenches, streetlights, etc. are
allowed within any City utility easement.
5. Infiltration trenches should be built to avoid sewer services crossing through them.
6. A streetlight plan is required with building permit application.
7. A geotechnical report will be required with building permit application,and all recommendations
made therein shall be adhered to by the builder and developer.
GENERAL CONDITIONS:
1. Sanitary sewer service to this development is available via extension of existing mains adjacent to
the development. The applicant shall install mains to and through this subdivision; applicant shall
Page 21
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Item#19.
coordinate main size and routing with the Public Works Department, and execute standard forms
of easements for any mains that are required to provide service. 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. Water service to this site is available via extension of existing mains adjacent to the development.
The applicant shall be responsible to install water mains to and through this development,
coordinate main size and routing with Public Works.
3. All improvements related to public life, safety and health shall be completed prior to occupancy of
the structures.
4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A.
5. 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, and water infrastructure for a duration
of two years. This surety amount will be verified by a line item final cost invoicing provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
6. Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
7. 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.
8. Applicant shall be responsible for application and compliance with any Section 404 Permitting that
may be required by the Army Corps of Engineers.
9. Developer shall coordinate mailbox locations with the Meridian Post Office.
10. All grading of the site shall be performed in conformance with MCC 11-1-4B.
11. Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill,where footing would sit atop fill material.
12. The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1-foot above.
13. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage
facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD.
The design engineer shall provide certification that the facilities have been installed in accordance
with the approved design plans.This certification will be required before a certificate of occupancy
is issued for any structures within the project.
14. At the completion of the project,the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and approved
prior to the issuance of a certification of occupancy for any structures within the project.
15. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street
Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be
installed at developer's expense. Final design shall be submitted as part of the development plan
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Item#19.
set for approval, which must include the location of any existing street lights. The contractor's
work and materials shall conform to the ISPWC and the City of Meridian Supplemental
Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator
at 898-5500 for information on the locations of existing street lighting.
16. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20-feet wide for a
single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather
dedicated outside the plat process using the City of Meridian's standard forms. The easement shall
be graphically depicted on the plat for reference purposes. Submit an executed easement (on the
form available from Public Works),a legal description prepared by an Idaho Licensed Professional
Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x
11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be
sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the
plat referencing this document. All easements must be submitted,reviewed,and approved prior to
signature of the final plat by the City Engineer.
17. Applicant shall be responsible for application and compliance with and NPDES permitting that
may be required by the Environmental Protection Agency.
18. 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.
19. Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment
procedures and inspections.
20. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water(MCC 9-1-28.C.1). 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
development plan approval.
21. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC
11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any
other applicable law or regulation.
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Item#19.
IV. FINDINGS
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:
A. ANNEXATION AND REZONE
1. The map amendment complies with the applicable provisions of the comprehensive plan;
This is a proposal for annexation of 1.36 acres of land with a R-40 zoning district, rezoning of 4.18
acres of land from C-G and R-8 to R-40 to allow the expansion of an existing multifamily complex.
This complies with the applicable provisions of the comprehensive plan,particularly to provide a
diversity in housing opportunities and to encourage infill development.
2. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
Council finds the proposed map amendment to R-40 generally complies with the purpose
statement of the residential districts in that it will contribute to the range of housing opportunities
available in the City consistent with the Comprehensive Plan.
3. The map amendment shall not be materially detrimental to the public health,safety,and
welfare;
Council finds with the recommended conditions of approval the proposed R-40 map amendment
should not be detrimental to the public health, safety and welfare as the property is surrounded
by multifamily to the north and south, industrial in the County to the east, and N. Meridian Rd to
the west.
4. The map amendment shall not result in an adverse impact upon the delivery of services by
any political subdivision providing public services within the city including,but not limited
to, school districts; and
Council finds that the proposed zoning amendment will not result in any adverse impact upon the
delivery of services by any political subdivision providing services to this site.
5. The annexation(as applicable)is in the best interest of city.
Council finds the proposed annexation and rezone is in the best interest of the City if the property
is developed in accord with the provisions in Section VII.
B. CONDITIONAL USE PERMIT:
The Commission and Council shall review the particular facts and circumstances of each proposed
conditional use in terms of the following, and may approve a conditional use permit if they shall find
evidence presented at the hearing(s)is adequate to establish:
a. That the site is large enough to accommodate the proposed use and meet all the dimensional
and development regulations in the district in which the use is located.
Council finds that if the site is designed in accord with the site plan in Exhibit A and the
conditions of approval in Exhibit B, the site will be large enough to accommodate the proposed
use and meet the dimensional and development regulations of the R-40 zoning district and the
multi family specific use standards.
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b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in
accord with the requirements of this Title.
The proposed multi family residential use in the R-40 zone meets the objectives of the
Comprehensive Plan and UDC.
c. That the design, construction,operation and maintenance will be compatible with
other uses in the general neighborhood and with the existing or intended character
of the general vicinity and that such use will not adversely change the essential
character of the same area.
This proposal would allow an additional 36 units to be added to an existing 108-unit multifamily
development. Most impacts have already been established. The general design, construction,
operation and maintenance of the multi family use will be compatible with other residential and
commercial uses in the general neighborhood and with the existing and intended character of the
vicinity and will not adversely change the character of the area.
d. That the proposed use,if it complies with all conditions of the approval imposed,
will not adversely affect other property in the vicinity.
As this is an addition of 36 units to an existing 108-unit multifamily development, impacts have
already been mostly established and Council finds that the proposed development should not
adversely affect other property in the vicinity if the applicant complies with all conditions of
approval listed in Exhibit B of this staff report.
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets,schools,parks,police and fire protection,
drainage structures, refuse disposal,water, and sewer.
Essential public facilities and services are presently serving the existing development. Sanitary
sewer, domestic water and irrigation can be made available to additional property. Please refer
to comments prepared by the Public Works Department, Fire Department, Police Department
and other agencies.
f. That the proposed use will not create excessive additional costs for public facilities
and services and will not be detrimental to the economic welfare of the community.
This addition will be part of a larger existing multifamily development. The applicant will pay to
extend the sanitary sewer and water mains into the site. No additional capital facility costs are
expected from the City. The applicant and/or future property owners will be required to pay
impact fees.
g. That the proposed use will not involve activities or processes,materials, equipment and
conditions of operation that will be detrimental to any persons,property or the general
welfare by reason of excessive production of traffic,noise,smoke,fumes, glare or odors.
Council finds that the proposed development will not involve uses that will create nuisances that
would be detrimental to the general welfare of the surrounding area. Council recognizes there
will be an increase of traffic and noise with the approval of this development; whenever
undeveloped property is developed the amount of traffic generation does increase.
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h. That the proposed use will not result in the destruction,loss or damage of a natural, scenic
or historic feature considered to be of major importance.
Council finds that the proposed development will not result in the destruction, loss or damage of
any natural feature(s)of major importance.
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