McDermott Village AZ, CUP PP H-2022-0056 and VAR-2022-0004 CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI �N,
AND DECISION&ORDER
In the Matter of the Request for Annexation of 40.05-Acres of Land with R-15(17.12 acres),R-40
(15.85 acres) and C-G Zoning(7.08 acres); Preliminary Plat Consisting of 85 Building Lots [81
Townhome,One(1)Multi-Family and Three(3) Commercial] &Eight(8) Common Lots on 40.05-
Acres of Land in the R-15,R-40 & C-G Zoning Districts; Conditional Use Permit for a Multi-
Family Residential Development Consisting of 250 Dwelling Units on 12.19-Acres of Land in the R-
40 Zoning District; and a Variance to UDC Table 11-2A-7 to Allow 44 of the 81 Townhome Lots on
the Eastern Portion of the Development to be Reduced from 2,000 to 1,694 Square Feet,by
Woodside Avenue Investors,LLC.
Case No(s).H-2022-0056&VAR-2022-0004
For the City Council Hearing Date of. December 13,2022(Findings on December 20,2022)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of December 13, 2022, incorporated
by reference)
2. Process Facts(see attached Staff Report for the hearing date of December 13,2022, incorporated
by reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of December 13,
2022, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of December 13, 2022,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
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR MCDERMOTT VILLAGE AZ CUP PP H-2022-0056 VAR-2022-0004
- 1 -
Community Development Department,the Public Works Department and any affected party
requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of December 13,2022,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 request for annexation with the requirement of a Development Agreement,
conditional use permit,preliminary plat and variance is hereby approved per the provisions in
the Staff Report for the hearing date of December 13,2022, 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.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR MCDERMOTT VILLAGE AZ CUP PP H-2022-0056 VAR-2022-0004
-2-
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 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 December 13,2022
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR MCDERMOTT VILLAGE AZ CUP PP H-2022-0056 VAR-2022-0004
-3-
By action of the City Council at its regular meeting held on the 20th day of December
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 12-20-2022
Attest:
Chris Johnson 12-20-2022
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 12-20-2022
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR MCDERMOTT VILLAGE AZ CUP PP H-2022-0056 VAR-2022-0004
-4-
EXHIBIT A
STAFF REPORT E COMMUNITY
N --
COMMUNITY DEVELOPMENT DEPARTMENT D A H O
HEARING December 13,2022 Legend
DATE: f
I�Project Lflc❑iar ,
TO: Mayor&City Council
FROM: Sonya Allen,Associate Planner -- ------
208-884-5533
SUBJECT: H-2022-0056; VAR-2022-0004
McDermott Village—AZ,CUP,PP,
VAR ii �• - --
LOCATION: 3235 N. McDermott Rd. at the northwest �+
corner of W.Ustick Rd. &N.
McDermott Rd., in the SE 1/4 of Section
32,TAN.,R.1 W. (Parcel#SO432429360
&#SO432429355) f
L PROJECT DESCRIPTION
Annexation of 40.05 acres of land with R-15 (17.12 acres),R-40(15.85 acres)and C-G zoning(7.08
acres); Preliminary plat consisting of 85 building lots (81 townhome, 1 multi-family and 3
commercial)& 8 common lots on 40.05 acres of land in the R-15, R-40&C-G zoning districts; and
Conditional Use Permit for a multi-family residential development consisting of 250 dwelling units
on 12.19 acres of land in the R-40 zoning district.
A Variance is also requested to UDC Table 11-2A-7 to allow 44 of the 81 townhome lots on the
eastern portion of the development to be reduced from 2,000 to 1,694 square feet.
II. SUMMARY OF REPORT
A. Project Summary
Description Details
Acreage 40.05-acres(AZ);40.05-acres(PP); 12.19-acres(CUP)
Existing/Proposed Zoning RUT in Ada County(existing);R-15,R-40&C-G(proposed)
Future Land Use Designation Mixed Use—Regional(MU-R)
Existing Land Use(s) Vacant/undeveloped land used for agricultural purposes
Proposed Land Use(s) Mix of commercial(fuel sales facility&convenience store and flex
commercial/office);and residential(i.e.multi-family apartments and
townhomes)
Lots(#and type;bldg./common) 85 buildable lots(81 townhome lots, 1 multi-family lot&3 commercial
lots)and 8 common lots
Phasing Plan(#of phases) 3 phases
Number of Residential Units(type 250 multi-family apartment units& 81 townhome units
of units)
Page 1
Description Details
Physical Features(waterways, The Eight Mile Lateral runs across the northeast corner of this site and the
hazards,flood plain,hillside) Sky Pilot Drain runs across the southern portion of the site.
Neighborhood meeting date 5/25/22
History(previous approvals) None
B. Community Metrics
Description Details
Ada County Highway
District
• Staff report(yes/no) Yes
• Requires ACHD No
Commission Action A Traffic Impact Study(TIS)was prepared by Kittleson&Associates,Inc.
es/no
Access One access is proposed via S.Rolling Hill Dr. from E. Overland Rd.to the south;
(Arterial/Collectors/State and two driveways will provide access from the commercial development to the
Hwy/Local)(Existing and west via S. Silverstone Way from E. Overland Rd. (a signalized intersection
Proposed) exists at Silverstone/Overland)
Traffic Level Of Service Functional PM Peak Hour PM Peak Hour
Roadway Frontage Classification Traffic Count Level of
Service
Ustick Road 1,304-feet Principal Arterial 321 Better than"E"
I McDermott Road 1,304-feet Collector* 100 Better than"D"
Stub A public stub street is planned to the north boundary of this property with the
Street/Interconnectivity/Cros Aviator Springs development(H-2021-0065).W.Endeavor St.to the west is
s Access planned to stub/connect to the west boundary of this property when the abutting
Flower property(#SO432438850)re-develops.
Existing Road Network N.McDermott Rd.,a residential collector street&entryway corridor;and W.
Ustick Rd.,a residential arterial street&entryway corridor,abut this site along
the south and east property boundaries.
Existing Arterial Sidewalks/ None
Buffers
Proposed Road Capital Improvements Plan(CIP)/Integrated Five Year Work Plan(IFYWP):
Improvements • The intersection of Ustick Road and McDermott Road is scheduled in the IFYWP to be
widened and reconstructed with design in 2026 and construction in the future.
• Ustick Road is listed in the IFYWP and CIP to be widened to 5-lanes from Star Road to
McDermott Road with design in 2026 and construction in the future.
• Star Road is listed in the CIP to be widened to 54anes from Ustick Road to McMillan Road
between 2031 and 2035.
• The intersection of Ustick Road and Star Road is listed in the CIP to be widened to 4-lanes
on the north leg, 4-lanes on the south, 5-lanes east, and 5-lanes on the west leg, and
signalized between 2031 and 2035.
SH-16 is planned to extend north/south through this property and an interchange
is proposed at Ustick Rd.
Anproved MF units Promected
West Ada School District
Approved lots per per attendance Students from
Enrollment Capacity attendance area area Approved Dev.
Pleasant View Elementary 614 650 3322 100 970
Star Middle School 893 1000 9667 321 ago
Owyhee High School 1785 1800 6229 137 829
School of choice options
Chief Joseph Elementary—Arts 200 N/A N/A
4
Barbara Morgan STEM Academy 21 500 N/A N/A
• Distance(elem,ms,Its)
Page 2
Description Details
• Capacity of Schools
• #of Students Enrolled
• Predicted#of students 73+/-
generated from
proposed development
Police Service
• Distance to Police 7.5 miles
Station
• Police Response Time 6:59 minutes-doesn't currently meet response time goal of 3-5 minutes;
however,response times will drastically decline when the MPD precinct opens in
the Fall. _
• Calls for Service 313 within a mile of the site between 6/l/20 and 5/31/22
• Accessibility PD requests police access into each building's entry point using a multi-
technology keypad
• Specialty/resource needs None—MPD can service this development&already serves this area.
• Crimes 54 within a mile of the site between 6/l/20 and 5/31/22
• Crashes 8 within a mile of the site between 6/l/20 and 5/31/22
• Other For more info,see Section VIILD
Wastewater
• Distance to Sewer
Services
• Sewer Shed
• Estimated Project Sewer
ERU's
• WRRF Declining 14.42 MGD
Balance
• Project Consistent with Yes
W W Master
Plan/Facility Plan
• Impacts/concerns Additional 11,691 gpd committed to model.
Water
• Distance to Water
Services
• Pressure Zone
• Estimated Project Water
ERU's
• Water Quality Concerns
• Project Consistent with Yes
Water Master Plan
• Impacts/Concerns
Page 3
C. Project Area Maps
Future Land Use Map Aerial Map
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Zoning Map Planned Development Map
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A. Applicant:
Todd Tucker, Boise Hunter Homes—729 S. Bridgeway Pl.,Eagle, ID 83616
B. Owners:
James Hunter,Woodside Avenue Investors, LLC—923 S. Bridgeway Pl., Eagle,ID 83616
C. Representative:
Same as Applicant
Page 4
III. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Notification published in
10/19/2022 11/27/2022
newspaper
Notification mailed to property
owners within 300 feet 10/13/2022 11/22/2022
Applicant posted public hearing
notice on site 10/24/2022 12/2/2022
Nextdoor posting 10/13/2022 11/28/2022
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). Note: The Applicant requested this designation as part
of the update to the Comprehensive Plan in 2019.
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). Sample uses,appropriate in MU-R areas would include: All MU-N and MU-C categories,
entertainment uses,major employment centers,clean industry, and other appropriate regional-serving
most uses. Sample zoning include: R-15,R-40, TN-C, C-G,and M-E
Transportation: State Highway(SH) 16 is planned to extend through this site and an interchange is
planned at Ustick Rd.
ACHD's Master Street Map doesn't depict any collector streets planned across this site. The segment
of Ustick Rd. that this site fronts on is designated on the MSM as a residential arterial with 5-lanes
and on-street bike lanes within 100-feet of right-of-way. The segment of McDermott Rd. that the
townhome portion of the development fronts on is designated on the MSM as a residential collector
with 3-lane roadway, a 46-foot street section within 74-feet of ROW. Due to the extension of SH-16,
sidewalk is required on only the east side of the roadway.
Transit services are not available to this site.
Proposed Development: The Applicant proposes to develop the site with two (2)land use types—
commercial(includes retail,restaurants, etc.) and residential(i.e.multi-family and townhome).No
employment or public uses are proposed and it's unlikely any of the proposed uses will have a
regional draw. The site is designed with the commercial uses along Ustick Rd.,an arterial street,with
an integrated plaza area between the two northern buildings and multi-family development to the
north along future SH-16. Townhomes are proposed on the east side of future SH-16 along N.
McDermott Rd., a collector street. The proposed development is generally consistent with the
conceptual MU-R plan in the Comprehensive Plan.
This is the only property in this area with a MU-R designation; that along with the property being
bisected by SH-16 in the future,which reduces the size of the property from 40 acres to 26.5 acres,
makes it difficult to develop the property entirely consistent with the MU-R designation.
Additionally,because an interchange is planned in this area and access is limited,the Comprehensive
Page 5
Plan states retail and auto-generated services should be minimized and transition rapidly from the
interchange to residential uses near the County line,which the plan proposes.For these reasons, Staff
is amenable to only two(2)land uses and the lower intensity of uses(i.e.primarily residential)
proposed rather than more intense commercial uses as is typically desired in the MU-R designation.
Additionally,because of the bifurcation of this property with the SH-16 extension, interconnectivity
and a full integration of uses within the overall site is not possible as typically desired in mixed use
designated areas.
In reviewing development applications,the following items will be considered in all Mixed-Use
areas,per the Comprehensive Plan(pg.3-13): (Staffs analysis in italics)
• "A mixed-use project should include at least three types of land uses. Exceptions may be
granted for smaller sites on a case-by-case basis. This land use is not intended for high
density residential development alone."
The proposed 26.5-acre development(after right-of-way is taken out for SH-16) includes two
types of land uses—commercial and residential. Because this is the only MU-R designated
property in this area and the site is not very large and will be divided by a state highway,
Staff is of the opinion the proposed number of land use types is sufficient.
• "Where appropriate,higher density and/or multi-family residential development is encouraged
for projects with the potential to serve as employment destination centers and when the project
is adjacent to US 20/26, SH-55, SH-16 or SH-69."
The proposed development includes 250 multi family units at a gross density of 20.S units per
acre. The multi family portion of the project is located along the west side of future SH-16 and
at the northwest corner of the future interchange at Ustick Rd. An employment destination
center is not proposed but Owyhee High School exists directly to the west. High-density
development is desired near schools so that students can walk to school, reducing bussing
needs and traffic in the area.
• "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."
A conceptual development plan was submitted with the annexation request, included in Section
VII.B. A Development Agreement that ties future development to this plan and the general
guidelines for mixed use developments and specifically the MU-R designation is recommended
as a provision of annexation.
• "In developments where multiple commercial and/or office buildings are proposed,the
buildings should be arranged to create some form of common,usable area, such as a plaza or
green space."
The conceptual development plan depicts a common plaza area between the northern two
commercial buildings with a pedestrian walkway to the area from the southern lot(fuel
facility/convenience store).
• "The site plan should depict a transitional use and/or landscaped buffering between
commercial and existing low-or medium-density residential development."
There is an existing low-density residential property along the west boundary of the site south
of the Sky Pilot Drain adjacent to the proposed commercial uses.A public street(N. Glassford
Ave) is proposed between the commercial buildings and the residential property but a buffer
is not proposed to the residential property.A landscaped street buffer is proposed on the east
side of the street. Per UDC Table 11-2B-3, a minimum 25 foot wide landscaped buffer is
Page 6
required on C-G zoned properties to residential uses, unless such width is otherwise
modified by City Council at a public hearing with notice to surrounding property owners.
• "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 commercial
buildings are unknown at this time. Owyhee High School is located directly to the northwest of
this site and an LDS seminary and Boys & Girls Club has been conceptually approved to
develop on the adjacent property to the north next to the school in close proximity to this site.
Although these uses are not within the MU-R designation, they are still provided nearby.
• "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."
A plaza/gathering area is depicted on the conceptual development plan between the two
northern commercial buildings; there are no other public and/or quasi public spaces or
places proposed. As noted above, a high school exists to the northwest and an LDS seminary
and a Boys & Girls Club are planned to develop in the Aviator Springs development directly
to the north.
• "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."
No such spaces are proposed on the conceptual development plan.Although a "mix"of uses
(i.e. commercial&residential)are proposed, Staff wouldn't consider this a true mixed-use
development due to the lack of integration and connectivity within the overall site, which isn't
possible due to the extension of SH-16 through the property. A plaza/common open space
area is depicted between the two (2)northern commercial buildings, which Stafffeels is
appropriate given the development limitations for this site.
• "All mixed-use projects should be directly accessible to neighborhoods within the section by
both vehicles and pedestrians."
The proposed commercial portion of the development is directly accessible to the multi-
family residential portion of the development to the north and the single-family development
further to the north (Aviator Springs) by both vehicles and pedestrians.
Future SH-16 will separate the commercial and multi family development from the townhome
development making it impossible for these uses to be directly accessible. Pedestrian
pathways are proposed throughout the commercial and multi family development and a 10-
foot wide pathway is proposed to the single-family development to the north for connectivity.
• "Alleys and roadways should be used to transition from dissimilar land uses, and between
residential densities and housing types."
A roadway,parking area and landscape buffer is proposed between the commercial and multi-
family development(150'between structures); and a 2-way drive aisle with parking on either
side and a landscape buffer is proposed between the proposed multi family and future single-
family development to the north (115'between uses) as a transition and buffer between uses.
Page 7
• "Because of the parcel configuration within Old Town, development is not subject to the
Mixed-Use standards listed herein."
The subject property is not located in Old Town; therefore, this item is not applicable.
In reviewing development applications,the following items will be considered in MU-R
areas,per the Comprehensive Plan(pgs.3-16 thru 3-17):
• Development should generally comply with the general guidelines for development in all
Mixed-Use areas.
Staff's analysis on the proposed project's compliance with these guidelines is included above.
• Residential uses should comprise a minimum of 10%of the development area at gross
densities ranging from 6 to 40 units/acre. There is neither a minimum nor maximum imposed
on non-retail commercial uses such as office,clean industry, or entertainment uses.
Residential uses are proposed over 86%of the development area at an overall gross density
of 14.58 units/acre, consistent with the density desired in MU-R designated areas. The gross
density of the multi family portion is 20.5 units/acre and the townhome portion is 7.71
units/acre.
• Retail commercial uses should comprise a maximum of 50%of the development area.
Retail/commercial uses are only proposed to comprise of 14%of the development area in
accord with this guideline.
Where the development proposes public and quasi-public uses to support the development,the
developer may be eligible for additional area for retail development(beyond the allowed 50%),
based on the ratios below:
• For land that is designated for a public use, such as a library or school,the developer is
eligible for a 2:1 bonus. That is to say, if there is a one-acre library site planned and
dedicated,the project would be eligible for two additional acres of retail development.
• For active open space or passive recreation areas, such as a park,tot-lot, or playfield,the
developer is eligible for a 2:1 bonus. That is to say,if the park is 10 acres in area,the site
would be eligible for 20 additional acres of retail development.
• For plazas that are integrated into a retail project,the developer would be eligible for a 6:1
bonus. Such plazas should provide a focal point(such as a fountain, statue, and water
feature), seating areas,and some weather protection. That would mean that by providing a
• half-acre plaza,the developer would be eligible for three additional acres of retail
development.
This guideline is not applicable as no public/quasi-public uses are proposed on this site and
the retail development area is below the allowed 50016.
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)
Page 8
City water and sewer service is available and can be extended by the developer with
development in accord with UDC 11-3A-21. 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 retail/commercial uses should be compatible with the existing low-density
residential use to the west if a 25 foot wide buffer is provided with dense landscaping as
required by UDC Table 11-2B-3 and 11-3B-9C1 to minimize conflicts between land uses.
The proposed multi family development should be compatible with future single-family
residential uses to the north in Aviator Springs subdivision with the proposed separation in
uses by drive aisles,parking and a densely landscaped buffer to minimize conflicts between
higher and lower density residential uses; and to the high school to the west. The proposed
townhomes should be compatible with existing low-density residential properties across
McDermott Rd. to the east and any future redevelopment of that area with MU-I(Mixed Use
—Interchange) uses; and also, the future research and development use to the north, which is
proposed to be separated by a 75 foot wide densely landscaped buffer.
• "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 apartments and townhomes will provide housing in close proximity to Owyhee
High School which will reduce bussing and vehicle trips in the area. The proposed
retail/commercial uses should provide benefits to future residents of being able to live, shop
and possibly work nearby enhancing overall livability and sustainability.
• "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 pedestrian pathways throughout the commercial
and multi family residential developments and to the adjacent single-family residential
development to the north (Aviator Springs)for interconnectivity.
• "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)
City water and sewer services are available to this site and can be extended by the developer
with development in accord with UDC 11-3A-21. The emergency response times for Police
and Fire Dept. currently fall outside of response time goals; however, when the new MPD
precinct opens in Fall of 2023 and Fire Station#8 is constructed and staffed in late summer
of 2023, response time goals will be met.
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• "With new subdivision plats,require the design and construction of pathway connections,
easy pedestrian and bicycle access to parks, safe routes to schools,and the incorporation of
usable open space with quality amenities." (2.02.01A)
Safe pathway connections should be provided from the proposed multi family development
to the abutting high school to the west. Usable open space and quality amenities are
proposed with the multi family development that exceed UDC standards.
• "Require appropriate landscaping,buffers,and noise mitigation with new development along
transportation corridors(setback,vegetation,low walls,berms, etc.)."(3.07.01 C)
A minimum 35 foot wide landscaped street buffer is required to be provided along future SH-
16 and N. McDermott Rd., both designated entryway corridors. Noise mitigation is required
within the buffer along future SH-16 per the standards listed in UDC 11-3H-4D for
residential uses adjoining a state highway.
• "Evaluate the feasibility of annexing existing county enclaves and discourage the creation of
additional enclaves."(3.03.03I)
This property abuts City annexed land to the north and west; a large enclave area of County
land exists to the east. This area is largely sprawl with a lot of properties still in Ada County
to the east and southeast. The land directly to the south is within Canyon County s Area of
City Impact boundary. Annexation of this property will not create additional enclaves and
will actually decrease the existing enclave area.
• "Require urban infrastructure be provided for all new developments, including curb and
gutter, sidewalks,water and sewer utilities."(3.03.03G)
Urban infrastructure as noted is required to be provided with development in accord with
UDC standards.
In summary, Staff believes the proposed development plan is generally consistent with the vision
of the Comprehensive Plan for this area per the analysis above.
V. UNIFIED DEVELOPMENT CODE ANALYSIS UD
A. Annexation:
The proposed annexation is for 40.05 acres of land with R-15 (17.12 acres),R-40 (15.85 acres)
and C-G zoning(7.08 acres). The proposed use of the property will include a mix of commercial
uses, including a fuel sales facility&convenience store and flex commercial/office(tenants have
not been identified at this time)on 3.8 acres in the C-G district,multi-family residential
apartments on 12.19 acres in the R-40 district, and townhomes on 10.51 acres of land in the R-15
district. The right-of-way proposed to be dedicated for the future extension of SH-16 consists of
13.55 acres of land.
A conceptual development plan was submitted, included in Section VII.B below that shows how
the overall property is planned to develop. Based on the analysis above in Section IV, Staff is of
the opinion the proposed annexation, zoning and development plan is generally consistent with
the Comprehensive Plan with the provisions noted in Section V111 as discussed herein.
A multi-family development requires approval of a Conditional Use Permit(CUP)in the R-40
zoning district, subject to the specific use standards for such listed in UDC 11-4-3-27, and
townhouse dwellings are listed as a principal permitted use in the R-15 zoning district per UDC
Table 11-2A-2. Commercial/retail and fuel sales facility uses are listed as a principal permitted
use in the C-G zoning district per UDC Table 11-2B-2,fuel sales facilities are subject to the
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specific use standards listed in UDC 11-4-3-20. Other uses may be allowed as noted in the
Allowed Uses in the Commercial Districts Table 11-2B-2.
The proposed uses and zoning districts are listed as appropriate uses and zoning in the
Comprehensive Plan for the MU-R designated area.
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 VII.A.
The City may require a development agreement(DA) in conjunction with an annexation pursuant
to Idaho Code section 67-6511A. 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 preliminary plat consists of 85 building lots(81 townhome, I multi-family and 3
commercial)& 8 common lots on 40.05 acres of land in the R-15,R-40&C-G zoning districts.
The Applicant anticipates the development will be constructed in three(3)phases with the multi-
family development first,the townhomes second and the commercial last unless they get a
demand for the commercial,then it might be second.
Existing Structures/Site Improvements:
There are no existing structures or improvements on this site.
Dimensional Standards:
Development of the proposed lots is required to comply with the dimensional standards listed in
UDC Tables 11-2A-7 for the R-15 district and I1-2A-8 for the R-40 district; and UDC Table H-
2B-3 for the C-G zoning district. Some of the R-15 zoned lots do not comply with the
minimum lot size of 2,000 square feet per dwelling units; revisions are necessary to comply.
Zero (0)lot lines should be graphically depicted on the plat on the internal lot lines where
the townhomes are proposed(i.e.where structures are proposed to span across lot lines).
Subdivision Design and Improvement Standards (UDC 11-6C-3):
Development of the subdivision is required to comply with the subdivision design and
improvement standards listed in UDC 11-6C-3.
Road Improvements [Capital Improvements Plan(CIP)/Integrated Five Year Work Plan
(IFYWP)]: The intersection of Ustick Road and McDermott Road is scheduled in the IFYWP to
be widened and reconstructed with design in 2026 and construction in the future.Ustick Road is
listed in the IFYWP and CIP to be widened to 5-lanes from Star Road to McDermott Road with
design in 2026 and construction in the future. Star Road is listed in the CIP to be widened to 5-
lanes from Ustick Road to McMillan Road between 2031 and 2035. The intersection of Ustick
Road and Star Road is listed in the CIP to be widened to 4-lanes on the north leg,4-lanes on the
south, 5-lanes east, and 5-lanes on the west leg, and signalized between 2031 and 2035. See
ACHD's staff report in Section VIII.I for more information.
Access(UDC 11-3A-31
A public street access is proposed via W.Ustick Rd., an arterial street,to the portion of the site
west of future SH-16. A stub street is proposed to the property to the north(Aviator Springs)to
connect to a planned stub street to this property.Another stub street(W. Endeavor St.)is
proposed to the school property to the west for future extension and connection to N. Owyhee
Storm Ave., a collector street.Alleys/private streets are depicted on the plat in the proposed
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multi-family development. Private streets should be provided for addressing purposes.A private
street application should be submitted prior to or concurrent with the final plat application.
Two(2) accesses are proposed via N. McDermott Rd.,a collector street,to the portion of the site
east of future SH-16. McDermott Rd. is planned to dead-end in a cul-de-sac just north of Ustick
Rd. and not connect to Ustick when the interchange is constructed. An emergency only access is
proposed out to W.Ustick Rd.that has been approved by the Fire Dept.; ITD has verified that this
access does not touch or abut the State Highway system. The bollards should be located
completely outside of the right-of-way.ITD's roadway plans for the existing Ustick/McDermott
Rd. intersection are included in Section VIII.I.Alleys are proposed for access to the townhome
units located north of W. Aspenstone St. and south of Beechstone St.All alleys must comply with
the standards listed in UDC 11-6C-3B.5. The proposed alleys appear to comply with these
standards.
Cross-access/ingress-egress easements should be provided between all C-G zoned
commercial lots in the subdivision via a note on the final plat or a separate recorded
easement.
Pathways(UDC 11-3A-8):
The Pathways Master Plan depicts a 10-foot wide multi-use pathway along W. Ustick Rd. on this
site; a 10-foot wide pathway is depicted on the landscape plan as required.
A 10-foot wide multi-use pathway is proposed within the street buffer along the west side of
N. Glassford Ave.,consistent with the developments to the north,which crosses to the east
at the north boundary of the site within the buffer along SH-16 which will connect to the
pathway planned to the north in Aviator Springs.A 14-foot wide public use easement is
required for the pathway; the easement should be submitted to the Planning division prior
to submittal for City Engineer signature on the final plat.
Internal pedestrian pathways are proposed throughout the central common open space area and to
the commercial development to the south.
Safe pathway connections should be provided from the proposed multi-family development
to the abutting high school to the west.
Sidewalks(UDC 11-3A-17):
Detached sidewalks are required along all collector and arterial streets; attached sidewalks may
be provided along local streets. 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.
Landscaping(UDC 11-3B):
Street buffers are required to be provided as follows: A minimum 35-foot wide buffer is required
along future SH-16 and the interchange and along N. McDermott Rd., entryway corridors; a
minimum 25-foot wide buffer is required along the western portion of W.Ustick Rd., an arterial
street; and a minimum 10-foot wide buffer is required along local streets in the C-G zoning
district,measured per the standards listed in UDC 11-3B-7C.la. Landscaping is required within
the street buffer as set forth in UDC 11-3B-7C(see updated standards). Street buffers are
required to be maintained by the property owner or business owners' association and
should be depicted on the plat in a common lot or permanent dedicated buffer per UDC 11-
3B-7C.2b.
Landscaping is required adjacent to all pathways in accord with the standards listed in
UDC 11-3B-12C.
Depict landscaping within common open space areas as set forth in UDC 11-3G-5B.3.
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The City Arborist requests a change in tree selection of the Fraxinus Pennsylvanica
"Marshall's Seedless"Green Ash is changed to another variety due to a future threat of
Emerald Ash Borer.
There are no existing trees on the site to be removed or that require mitigation.
Common Open Space(UDC 11-3G-3B): A minimum of 15%qualified open space is required to
be provided within the townhome portion of the development that meets the quality standards
listed in UDC 11-3G-3A.2. Based on 10.51 acres,a minimum of 1.58 acres of qualified open
space is required. A total of 3.33 acres of qualified open space is proposed on the open space
exhibit included in Section VII.F in excess of UDC standards(i.e red hatched areas). Open space
areas consist of open grassy areas of at least 5,000 square feet and linear open space.
Site Amenities(UDC 11-3G-4): A minimum of 2 points of site amenities are required based on
10.51 acres of development area from the Site Amenities and Point Value Table I1-3G-4. It's He
eleaf to Staff what is Two(2)pickleball courts at 4 points each are proposed for site amenities in
the townhome portion of the development,which exceeds UDC standards. The npplieapA shoul
Noise Abatement: Noise abatement is required for residential uses along state highways per the
standards listed in UDC 11-3H-4D. A 10-foot solid screen wall is proposed. Noise abatement
should be provided within the street buffers along SH-16 that are adjacent to residential
uses per the standards listed in UDC 11-311-41)for residential uses adjoining a state
highway.A berm or a berm and wall combination that's a minimum of 10-feet higher than
the elevation at the centerline of the state highway is required.Include a cross-section of the
berm or berm/wall that complies with this standard with the final plat application(s).
Storm Drainage(UDC 11-3A-I81:
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
Engineeringeport for the subdivision. Stormwater integration is required in accord with the
standards listed in UDC 11-3B-II C.
Pressure Irrigation(UDC 11-3A-151:
Underground pressurized irrigation water is required to be provided for each and every lot in the
subdivision as required in UDC 11-3A-15. This property lies within the Nampa-Meridian
Irrigation District boundary.
Utilities(UDC 11-3A-211:
Utilities are required to be provided to the subdivision as required in UDC 11-3A-21.. Street
lights shall be installed in accord with the City's adopted standards, specifications and
ordinances/
Waterways(UDC 11-3A-101:
The Sky Pilot Drain crosses the southern portion of this site within a 100-foot wide easement; the
Eight Mile Lateral crosses the northeast corner of the site within a 50-foot wide easement; and the
Noble Lateral runs along the east boundary of the site within a 40-foot wide easement(20-feet
from centerline each side). The easements for all of these waterways shall be depicted on the
final plat; structures shall not encroach within these easements.All waterways on this site
shall be piped as set forth in UDC 11-3A-6B.3,unless otherwise waived by City Council. This
project is not within the flood plain.
The developer has requested ITD relocate the Eight Mile Lateral to accommodate the proposed
development plan. Because the plans have already been designed and environmental approvals
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obtained to pipe it in its current location, a change this late in the process may not be approved. If
the location of the lateral changes,it should be depicted on the plans submitted with the
final plat application.
Fencing(UDC 11-3A-6 and 11-3A-7)•
All fencing is required to comply with the standards listed in UDC 11-3A-7. A 6-foot tall solid
screen fence is proposed along the northern&western boundaries of the multi-family
development.
C. Conditional Use Permit(CUP):
A Conditional Use Permit is requested for a multi-family residential development consisting of
250 dwelling units on 12.19 acres of land in the R-40 zoning district in accord with UDC Table
11-2B-2. The proposed development will have (12) 3-story multi-family structures and a 9,055
square foot amenity building centrally located within the complex. Six(6)different floor plans
are proposed with a mix of units consisting of 1-(97),2-(114) and 3-(39)bedroom units ranging
from 712 to 1,278 square feet in size.
Specific Use Standards(UDC 11-4-3-27):
The proposed use is subject to the following standards: (Staff's analysis/comments in italic text)
11-4-3-27: MULTI-FAMILY DEVELOPMENT:
Site Design:
1. Buildings shall provide a minimum setback of ten feet(10')unless a greater setback is
otherwise required by this title and/or title 10 of this Code. Building setbacks shall take
into account windows, entrances,porches and patios, and how they impact adjacent
properties. The site plan included in Section VII.D depicts buildings at a minimum
setback of 10 feet; no greater setback is required.
2. All on-site service areas, outdoor storage areas,waste storage,disposal facilities, and
transformer and utility vaults shall be located in an area not visible from a public street,
or shall be fully screened from view from a public street. The 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 11-5B-5 of this title. The Applicant's narrative states each dwelling unit is
provided with a minimum 80 square foot attached patio or deck, which meets this
standard.
4. For the purposes of this section,vehicular circulation areas,parking areas, and private
usable open space shall not be considered common open space. These areas were not
included in the common open space calculations for the site.
5. No recreational vehicles, snowmobiles,boats or other personal recreation vehicles shall
be stored on the site unless provided for in a separate,designated and screened area. The
Applicant should comply with this requirement.
Page 14
6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to
All Districts",of this title.A minimum of 477 off-street parking spaces are required for
the multi family development with 250 of those being in a covered carport or garage; a
minimum of 19 bicycle parking spaces are required.A minimum of 18 spaces are
required for the amenity building with a minimum of one (1) bicycle parking space. The
minimum number of spaces required overall is 495 with a minimum of 20 bicycle spaces.
A total of 482+/-parking spaces are proposed overall, with 250 of those being covered,
and 20 bicycle spaces, which does not meet the minimum standard.A revised parking
plan that meets the minimum standards should be submitted prior to the Commission
hearing. Bike racks should be provided in central locations for each multi family
building and the amenity building.
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)
The site amenity plan included in Section VII.G depicts a leasing area (property
management office), a maintenance storage area and mailbox location (including
provisions for parcel mail), in accord with this standard. The location of the directory
and map of the development should be depicted on the site plan submitted with the
Certificate of Zoning Compliance application.
Common Open Space Design Requirements(UDC 11-4-3-27C):
The total baseline land area of all qualified common open space shall equal or exceed 10%
of the gross land area for multi-family developments of 5 acres of more.A minimum of 1.22
acres of common open is required to meet this standard.
Common open space areas are also required to comply with the standards listed in UDC 11-
4-3-27C.2,which state that open space areas must be integrated into the development as a
priority and not for the use of land after all other elements of the development have been
designed. These areas should have direct pedestrian access,be highly visible, comply with
CPTED standards and support a range of leisure and play activities and uses—irregular
shaped, disconnected or isolated open spaces do not meet the standard. Open space areas
should be accessible and well connected throughout the development(i.e. centrally located,
accessible by pathway and visually accessible along collector streets or as a terminal view
from a street). Open space areas should promote the health and well-being of its residents
and support active and passive uses for recreation, social gathering and relaxation to serve
the development. The proposed common open space meets these standards.
All multi-family projects over 20 units are required to provide at least one(1) common
grassy area of at least 5,000 s.f. in area that's integrated into the site design allowing for
general activities by all ages,which may be included in the minimum required open space.
The area shall increase proportionately as the number of units increase and shall be
commensurate to the size of the development as determined by the decision-making body.
The Applicant proposes two (2) central common open space areas of 67,632 and 29,360 s.f
that meets this requirement.
Page 15
In addition to the baseline open space requirement,a minimum area of outdoor common
open space shall be provided as follows:
a. One hundred fifty(150) square feet for each unit containing five hundred(500)or
less square feet of living area.All units contain more than 500 square feet(sf.) 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.A total of 211 units contain between 500 and 1,200 sf of living area; therefore,
a minimum of 52,750 sf. (or 1.21 acres) of common open space is required.
c. Three hundred fifty(350) square feet for each unit containing more than one
thousand two hundred(1,200) square feet of living area.A total of 39 units contain
more than 1,200 sf.; therefore, a minimum of 13,650 sf. (or 0.31 acre) of common
open space is required.
At a minimum, a total of 66,400 sf. (or 1.52 acres) of qualified outdoor common open
space is required to be provided per this standard. In order to meet the baseline
requirement noted above and this standard, a total of 119,500 sf. (or 2.74 acres) of
common open space is required. A total of 146,094 sf. (or 3.35 acres) of qualified open
space is proposed in excess of the minimum standards as shown in Section VII.F(red
hatch areas). Qualified areas consist of central commonlamenity areas and a pedestrian
corridor where a multi-use pathway is planned.
Common open space shall be not less than four hundred(400) square feet in area, and shall
have a minimum length and width dimension of twenty feet(20').All of the red hatched
areas depicted on the open space exhibit in Section VII.G meet this requirement.
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.
The Applicant anticipates the multi family development will be constructed in one phase. If
not, compliance with this standard is required.
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.
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.
(5) Dog park with waste station.
(6) Commercial outdoor kitchen.
Page 16
(7) Fitness course.
(8) Enclosed storage.
b. Open space:
(1) Community garden.
(2) Ponds or water features.
(3) Plaza.
(4) Picnic area including tables,benches, landscaping and a structure for shade.
c. Recreation:
(1) Pool.
(2) Walking trails.
(3) Children's play structures.
(4) Sports courts.
d. Multi-modal amenity standards:
(1) Bicycle repair station.
(2) Park and ride lot.
(3) Sheltered transit stop
(4) Charging stations for electric vehicles
2. The number of amenities shall depend on the size of multi-family development as
follows:
a. For multi-family developments with less than twenty(20)units,two(2)amenities
shall be provided from two (2) separate categories.
b. For multi-family development between twenty(20)and seventy-five (75)units,three
(3) amenities shall be provided,with one from each category.
c. For multi-family development with seventy-five (75)units or more, four(4)
amenities shall be provided,with at least one from each category.
d. For multi-family developments with more than one hundred(100)units,the decision-
making body shall require additional amenities commensurate to the size of the
proposed development.
3. The decision-making body shall be authorized to consider other improvements in
addition to those provided under this subsection D,provided that these improvements
provide a similar level of amenity. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005)
Proposed amenities include a clubhouse with a fitness facility, a swimming pool and spa
with cabanas and an outdoor lounge area, 10 foot wide multi-use pathways and internal
walking trails, a plaza, a pickleball sports court, and a bike repair station. A BBQ area
is depicted on the site plan;Staff recommends this area is constructed as a commercial
outdoor kitchen.An outdoor seating area is also depicted on the site plan;Staff
recommends this area is constructed as a picnic area with tables, benches, landscaping
and a shade structure. Staff also recommends a children's play structure is provided.
Staff is of the opinion these upgrades and addition of an amenity is commensurate with
the number of units proposed
Page 17
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 be planted in the remainder of the landscaped area.
The landscape plan submitted with the Certificate of Zoning Compliance application
should depict landscaping 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, including noise abatement along future SH-16, is required to be
provided with the subdivision improvements as noted 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.
Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-7. A 6-foot
tall solid screen fence is proposed along the northern&western boundaries of the multi-family
development.
Building Elevations(UDC 11-3A-19 I Architectural Standards Manual):
Conceptual building elevations were submitted for the proposed structures, included in Section
VII.H. The townhomes are proposed to be 2-or 3-stories in height,the multi-family structures are
proposed to be 3-stories in height, and the clubhouse if proposed to be a single-story in height;
building materials consist of a mix of vertical board&batten fiber cement siding and horizontal
lap siding with brick veneer siding and wood ridge beam accents,metal awnings and asphalt
shingle roofing.
A Certificate of Zoning Compliance and Design Review application is required to be
submitted for approval of the multi-family and commercial development to ensure
compliance with UDC standards and development provisions associated with this
application.A Design Review application is required to be submitted for approval of the
townhomes.Final design of all structures must comply with the design standards in the
Architectural Standards Manual.
D. Variance(VAR):
A Variance is requested to UDC Table 11-2A-7 to allow 44 of the 81 townhome lots on the
eastern portion of the development to be reduced from 2,000 to 1,694 square feet.UDC 11-513-4
allows requests to vary from the requirements with respect to lot size.
Page 18
hi order to grant a variance, City Council must make the findings for such,which state the
variance relieves an undue hardship because of characteristics of the site; and the variance shall
not be detrimental to the public health, safety and welfare per UDC 11-5B-4E.
The Applicant's narrative states there are several characteristics of the site that create an undue
hardship,as follows:
• The angle of the SH-16 right-of-way determined by ITD creates a remnant parcel that is an
unusual shape for development and restricts how the property can be developed.
• The Sky Pilot drain traverses through the middle of the property within a 100-foot wide
easement where no structures may be located,which reduces the amount of developable space
on the property.
• Ustick Road where it abuts the property will be widened to accommodate the SH-16
interchange,which reduces the amount of developable space for the property.
• McDermott Rd.will be terminated with a cul-de-sac, eliminating access from Ustick Rd.
which reduces the viable uses for the property.
• McDermott Rd. is in a fixed location and must be widened to meet ACHD standards,which
further reduces the amount of developable area.
• A landscape buffer is required to be provided along the northern property boundary adjacent to
the light industrial use proposed on the abutting property,which also reduces the developable
space for the property.
Although these characteristics do exist, Staff finds they do not prevent the Applicant from
reducing the number of lots within the development in order to comply with the minimum lot size
standard of 2,000 square feet. If a variance is approved, alternative compliance will also be
necessary to reduce the street buffer along McDermott Road, an entryway corridor,in order to
accommodate the proposed layout. Reducing the number of building lots will allow compliance
with the minimum lot size standards as well as street buffers. Therefore, Staff is not supportive of
the proposed variance request.
VI. DECISION
A. Staff:
Staff recommends approval of the requested annexation with the requirement of a development
agreement,preliminary plat and conditional use permit and denial of the requested variance with
the provisions noted in Section VIII,per the Findings in Section IX.
B. The Meridian Planning&Zoning Commission heard these items on November 3,2022.At the
public hearing,the Commission voted to recommend approval of the subject AZ, CUP and PP
requests.
1. Summary of Commission public hearing:
a. hi favor: Travis Hunter,Josh Evarts,and Todd Tucker
b. In opposition: None
C. Commenting: Ron Hopper,Rod Green,and Paul Elam
d. Written testimony: Todd Tucker,Boise Hunter Homes
e. Staff presenting application: Bill Parsons
f. Other Staff commenting on application: Kurt Starman
2. Key issue(s) testimony
Page 19
a. Additional traffic on Ustick and McDermott Roads.
b. Transition of the McDermott Village development to the rural residential in the area.
c. Amount of development occurring in the area.
3. Key issue(s)of discussion by Commission:
a. Timing for the construction of SH 16 and the commencement/completion of phase 1
construction.
b. Impacts of increased traffic on Ustick Road.
4. Commission change(s)to Staff recommendation:
a. At Staff's recommendation,Commission modified DA provision#A.1 f to read, "A 10-
foot wide multi-use pathway shall be provided within the street buffers along N.
Glassford Ave. adjacent to SH-16 within a 14-foot wide public use easement.
b. Commission modified condition of approval#10k. to replace commercial outdoor
kitchen with outdoor BBQ.
5. Outstandingissue(s)ssue(s) for City Council:
a. Applicant requests Council waive condition#Al.c in Section VIII that requires a 25-foot
landscape buffer adjacent to the Flowers propeM along the west boundary of the
proposed development. This request was supported by the Commission. The
requirement does not apply because right-of-way will separate the subject property from
the residential property.
C. The Meridian Citv Council heard these items on December 13,2022.At the public hearing.the
Council moved to approve the subject AZ. CUP. PP and VAR requests.
1. Summary of the City Council public hearing:
a. In favor: Travis Hunter,Josh Evarts,Todd Tucker
b. In opposition: Rod Green,Randi Bussert
c. Commenting: Sue Waggoner
d. Written testimony.None
e. Staff presenting application: Sonya Allen
f Other Staff commentin&oWapplication: None
2. Key issue(s)of public testimony:
a. Concern pertaining to increased traffic on McDermott Rd. and the safety of the Green's
access via McDermott Rd.:
b. Concern pertaining to growth and property values in this area and affect on adjacent
rural residential properties•
3. Key issue(s)of discussion by City Council:
a. Supportive of the proposed development plan.
4. City Council change(s)to Commission/Staff recommendation:
a. Council approved the Applicant's request to strike the portion of condition#A.1 c in
Section VIII that requires a buffer adjacent to the Flower's property at the west
boundary of the site.
b. City Council approved the Variance request based on the hardship for this property
created from the bisection of SH-16 and the lateral(Sky Pilot Drain)across the
property.
Page 20
VII. EXHIBITS
A. Annexation Legal Descriptions&Exhibit Maps
a IDAHO 9955 W Emerald St
SURVEY Boise, ID 83704
GROUP Phone: (208)846-8570
Fax: (208)884-5399
McDermott Village Subdivision
Annexation
Boundary Description
Project Number 21-575 June 15,2022
The southeast quarter of the southeast quarter of Section 32,Township 4 North, Range 1
(Nest, Boise Meridian,Ada County, Idaho,and being more particularly described as
follows:
BEGINNING at the southeast corner of the southeast quarter of the southeast quarter of
Section 32,Township 4 North, Range 1 West, Boise Meridian:
Thence N89'17'49"W, 1325.58 feet along the south line of the southeast quarter
of the southeast quarter to the east sixteenth-section corner;
Thence N00°33'07"E,1316.23 feet along the west line of the southeast quarter of
the southeast quarter to the southeast sixteenth-section corner;
Thence S89"19'58"E,1324.63 feet along the north line of the southeast quarter of
the southeast quarter to the south sixteenth-section corner;
Thence S00"30'38"W, 1317.06 feet along the east line of the southeast quarter of
the southeast quarter to the POINT OF BEGINNING.
The above-described parcel contains 40.05 acres,more or less.
AL
s�
Page 1 of 1 �r� �£OF I
S.
Page 21
Scale: 1"=400'
0 100 200 400 800
Lagerid 5.32 5.33
E1/4
Property Corner
Property Boundary Line
— - - --— Parcel Line
1
--- Section Line co
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S.5 N89'17'49"W 1325.58' S.5 S.4
W. Ustick Rd. Point of
Beginning
P:\M75 N IA[0e It Rd Snd•y 21-578`d"\21-579 M....limA,, &/15�2M 717:22 Pu
Jah Ho.
IDAHO Exhibit Drawing for 2t-5�s
SURVEY OGE.1EOADUaST Shaft Na.
6U)04&8 daalr6l Annexation
(aoel aar-ssro
GROUP, LLC Situated In the southeast quarter of the southeast quarter of Section 32, Qwp. Oate
Township 4 North, Range 1 West, B.M., Ada County, Idaho. �f15�2422
Page 22
11DAHO ')O3'S w 1tr*+ pkO SI
SURVEY F L-, ID U704
GROUP Ph€m,.1 )&M-W57C
Far: q205}004-5199
McDeemo411 lake 5uhdiiMi m
Poaadnn C-G
doundary Emwriptim
NjeMber23-�78 MIND37r 2022
1;pence!of Lind sitr,ra4ed in Me 3bUdltdA qu4RIer t4 the waulhedx•t quarter 01 5eccierr 3z
Tmwnshlp 4 Nonh,Range 1 VMr3,BoK*Moridrsn•Ada QwrMy,MahD,snd boing corm
pmticukarhr described as fob:
M-Gi N INS,at the cask mteenth-sertion oormr of Sectim 32,Township 4 Nw*,15angr
i We�T,Miss Medidlak winch Gears RW 17'4VW..1325 5$feei ffom the iou hMt
turner of SRctIcn 31:
TMrbce NW33'07'E.4411.20 Few shin jt 7ht wedgy line di Rhre,ou+1 emt Auarter of
th#,sDut hop 4s#quwkr;
Thpanca Sjrj?'3VE,724A9 fact t,a the oemarline gf tlrq future Hlghwry 16;
Therber SQ'1S'MrW,4S3.71 Feet abng the centerline of throe future Highway U
Ea the Aulh IIM 01 Me SUUtMBST�JuW[er Of Me S&Ohe861 CIArtEr:
TMrkee NWIT49"Wr 652-115 feet Did the 5*u1h lint d tfie S*UI ea5l QWeF Ql
the southeast quxier to thpe KIN I bF Ei jrAmr4iNG.
I he ahnvr•dvv-H cd p3rcel4mntalns 7.0 acres,rnwe or less
,V
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14
Page 23
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75URVEY "M" G—G Rezone Shml No
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�w,3hF+ ti I Aaa6- rm 0A Ad CuLm F ldm kA?r"Z
Page 24
* IDANO 1j9&5 yr Emrald R
SURYFI Boise, ID 01704
G ROUP Phfte! 420 HIS-85M
Ki Fax: IHill MM-5M
MtOernmit allege Subdvls-on
fiF2hne R-15-
Ikmrmlaryr lkscriptlon
Rrrliev Numgasr2!-578 Avg t 17,20Z2
A panel of lamed situated in the MkdheasC quarlar dF the:%DutheesJ1 quarter dF 5trtian 33Y
70lAlp ill Morzh.Adr"F i West.EosQ MerldLw,Ad?Ca4+n14,loeho,and being rwe
Qarhtularl'desscnhed as fMaws:
QEGirdiklllllra at IN!sauthagRi:corner o+f k Ilan 22,Tnwirship 4INDrih, R;3njF 7 lllrest,
$oise-fl eridrasr.
1 hQncAp r4§'1T491VU,613.42 luat s"tho smkh Irr+dF intro sar,thwast ikLmFtor
aFthe swrthwes4 quarter to the aentL-rhne of tlfre(Lftre Highway 1fK
Thente NCW45'0C'E,1333.35 leel60ft Lhe cmt&rFm&of the future Hichway 16
W thm north line of Mho Mjh4je5t-qWarter of jhg[QukhCMt gkQrtgr.
1rhanto 5eFJ`1g5O''E,45.9.33 foot slang tht nar Hh Ilrrq of thi mubMast quactsr a#
the ftL theast quar1t-W tore sbuth 3ihieenth-sedll3rr mmerr,
Thefit&5CU'3Cf Si W,BITC16 feet illord 7h&Riil line 1A[he 3hu[lbea!n 4U.8ner w
M@ Apth"St"pler t4 thip FiDir T IDF M13IMNI RG
The ih8ua-rl&;mnM pa%nc,al-aruts1ms 17 17 wes,rnwe v'err
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Page 25
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IDAHO ENwih4L Drum ,g rar -co
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SURVEY �,m R-15 Rcza re wl ha
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slar"d h :ra F&udiw.d rILmw ee I,r ■a.-h-%,a-qL.WIv .0:.clam .42
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Page 26
IOAHQ 9925 W E1r MOLd St
Su KVF r Sorim,16 S370 4
GROU R IPh I )W 070
156 Flex; g2mp OM-5399
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Re2une R-41)
Dwn1M DfluIptIum
PrDjed N u m ber23-.528 Aogwf 22, ELU
A pwce4 of land sltrmt+ed In tfic sDkAheast quarter of the sautheart quarter of Setiian 22.
Town&hip A harth4 RwV 1 Wait,Boite Wr idian,OAm{dunrg,Idaho, amd being more
WcuLwN dowrihi d w Fr.Iltrrv#:
Dmmergkig m tiro ioutheast cufn r of 34mlon 32.T000milip q 1I14, Rarer l Ott
Boise Muidiark;
TMwe KBT17'4VW, 1325.59 fleet along the iouRh line of the saui hmi quarter of She
p¢ulhRast quarter W 1hq put slKW nth-wr#Ipn 14;
Theme MCKY R07"E, "S.W Feet bluna the gust line dF the seuthe-mt quarter or,.he
sarrhaaat qu artgr tip-qhq P{]INT QF BEGINNIOAl :
Thgntrr cp,ntirrulrrg WG3"a3M7"P,SU.M NM;Jong ih4 wgFt Ilnq of thq$rthamt
quarter QF 1he wwheast quarter tip the smurtfremt jkLeenth-sedrion :Dr mrr
TMmce 5.M'15'5W'F,B55.29 feel j%mM the monk line 0 the 3arnheast iWaneop of
thQ so-uthQag quwlq,r 1q thip wintpHinp of 1hp hu14mp Hlg"gy 14;
Thencr '4SW"W,B?9.€$fmt along the centerkne oaf tive Future Highway 36;
Thence NN'17'i M,724j69 fret is the POINT OF GEMNIMING
The abase-derrulhe:d parcel contains 15.35 acres,n-pare-or less.
I4
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Riv 1 C'f 1r jr
Page 27
4 riC
Legend
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Page 28
B. Conceptual Development Plan, Overall Development Plan in the Vicinity&Concept Data
: _ : �
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CONCEPTUAL DEVELOPMENT PLAN!
Page 29
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Page 30
Usd'dkf McDermott Residential PNot North Arch It c
Meridian.ID 05/25/2022
2nning Sumrmry� Unll summary
$ite Area: I NSF' 06« Nm*deck NSF SUB30iAL %
"I
Iyl JTHl 10.4 A )99
Site 2:IRetail/Cstprel 13.B9 AC High.,(N.AP.): 13.9 AC 1B l0 835 50 915
Subtotal I-bed 97 731 70,903 38.Y%
prnpnsed-
[urrenfIDning: RUT Rura 1,Urban Trami9oaal Proposed 2oning(mr):R-W (-a l 11
58 11
009 11,089
]g 1,217 BO 1,197
MaB.Density: 43.56du/AC I1,000sf)dpl Proposed Density: 20.5 du/AC 2C 3S l,Ob1 w 1,0R4
Subtotal 2-bed 114 L024 216.780 45.6%
sethackz Regwree: -¢mocks pmpnsed.
Rear. 12' Pear. 2U min. 3A 39 1,289 EO 1,366
tilde In[: 3' slde Ire: 1U mip.
Street S,,ted to Garage Required: Street Settark to Garage P.limtd: Subtotal3 ,d 39 1,285 Kit s 15.6%
Local: 20' L-1, 20'min
strret smbad:to Li-Required: -tined sethackm Uem,,prnp¢a¢d: 25p "1 are. ]9e 5F
local: 10' Lacab 2tlmin. note ode u,a".onw.naaaemrl mnmr,pa"n..a:
5veer landscape n,M,Required; 5-Landscape Duffer Proposed:
local: .1. L.A 20 min
Ma,neighs w Proposed Belch L H41'-9"
6...pmi Parking wmmary',
MYkil-1, Flr.-t," Mg. Bldg. .0, EH. pUnit Parking Required: Fading hopmed:
Height: GSF.deck GSF Net sF R per floor b 111 total total
MSel l: - 1-d amge: 1.
lerel2: 10'-2" 116,)50 ]08,)50 99,IR1 A9% 100 1-bed He 25 221 Ca.port: R]
lespl3: ll'-2" 113,636 103,63a 93,16E 9q% 100 3-bed 39 Z 1H Garport. 3Y
Roof: in'-, Guest 250 0.1 25 standard: fit
Tp I; 41'-9" 346,801 326.801 237.793 73% 250 NnMM Pad: 112
Amenity: 9,000 1/500 19 AmenM' 18
arallll Ssreec 25
s,Beetal Mukftnnkl: 4Tl AahenmlMulHFamily: 4n
Covered: I 250 Covered 25'a
CommercialOma: p oral
- 5,549 C-steYe: 5,549 ]:SOD 6f t12
Retail l: 3,40i Retail 1: 3,407 1:500sf 7 Retail: 51
Retail 2: 6,117 Retail 2: 6,117 1500 sf 13 HC. 3
lercl l: Subblal[,d. suhmral[md�
n Open 5pace5ummary. Bike Parking-Ary:
Co....Open Spew Rinl.u.d: Common Open Space Propmed: Bike Parking Required: Bike parking proposed:
B-Ime 1 mtlo total total
)O%Wu3e_ m% 3 d Ground tevek
30,710
MUSllamlly, m110 mil 17,32d A robe mat oral
Unea<SOOsf: 0 I50 - 13,629 MRIOPaend, 41 1:25 rM Coreredf5ecured: d20
Unit-500"'00 d: 211 250 52,"1 Total Required: 20 30vl Proposed: 20
D0 s1
Subtotal Required: 260 66,400 d
eYblmal Nf i"W'ed: 111,613 d SYmedal MF Provider 14q,730 sP
THK,tgre'. Asf ratio total total
round Level:
s%of sire 169,448 5% 8,473 Plaza: 15.-
5uhzrnalRequlred: aA7a p S.-Il Pmvl- )A
CONCEPT DATA Npg: ai-acbamahca.d Bpb,e 1q Ypdate as morn info matbnia known
05 25 2022
McDermott Multifamily PNaJ B#21-nott.,Mendianla pivotOM' north
aR[Hlreeruse
Page 31
C. Preliminary Plat(date: 10/25/2021) &Conceptual Phasing Plan
MCDERMOTT VILLAGE o 0
PRELIMINARY PLAT s
A PORTION OF THE SE j OF SECTION 32, @ `s
TOWNSHIP 4 NORTH,RANGE 1 WEST 0�
ADA COUNTY,IDAHO
OWNERIDEVELOPER GNILENGINEER LAND SURVEYOR
PRELIMINARY PLAT DATA --^*^rr^•mrunao.,ec
LEGEND
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PRELIMINARY PLAT NOTES
rr r. rRa•.ss,
E - SHEET INDEX
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Page 32
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Page 35
D. CUP Site Plan for Multi-Family Development(dated: 6/30/2022)
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Page 36
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Page 46
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Page 47
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Page 48
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Page 49
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Page 52
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. A Development Agreement(DA)is required as a provision of annexation of this property.
Prior to approval of the annexation ordinance, a DA shall be entered into between the City of
Meridian,the property owner(s) at the time of annexation ordinance adoption,and the
developer.
Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
Planning Division within six(6)months of the City Council granting the annexation. The DA
shall, at minimum, incorporate the following provisions:
a. Development of the subject property shall be generally consistent with the conceptual
development plan, site plan,preliminary plat,conceptual phasing plan,landscape plan,
open space and site amenity exhibits, and conceptual building elevations submitted with
the application contained herein.
b. The two(2)commercial 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 as depicted on the conceptual development plan in accord with the mixed-use
guidelines in the Comprehensive Plan (see pg. 3-13).
c. A minimum 25-foot wide buffer shall be provided on the C-G zoned property to the
.,djaeort fysi enti i use t the west(Fle er-#S0432439950 and t the future multi-
family residential uses in this development as set forth in UDC Table 11-2B-3,unless
such width is otherwise modified by City Council at a public hearing with notice to
surrounding property owners as set forth in UDC 11-3B-9C.2. The buffer shall be
landscaped in accord with the standards listed in UDC 11-3B-9C. rate.If the land use an
d. Noise mitigation shall be provided within the buffers along future SH-16 in accord with
the standards listed in UDC 11-3H-4D for residential uses adjoining a state highway.
e. Private streets shall be required within the multi-family development for addressing
purposes and shall comply with the standards listed in UDC 11-3F-4. The private street
application shall be submitted prior to or concurrently with the final plat application.
f. A 10-foot wide multi-use pathway shall be provided within the street buffers along N.
Glassford Ave. adjacent to SH-16 within a 14-foot wide public use easement.
g. The final plat shall be recorded prior to issuance of building permits for any structures
within this development.
h. All future structures constructed on this site shall comply with the applicable design
standards contained in the Architectural Standards Manual.
Preliminary Plat:
2. The final plat shall include the following revisions:
a. Include a note granting cross-access/ingress-egress easements between all commercial
lots in the subdivision via a note on the final plat or a separate recorded easement.
b. Depict all street landscape buffers in a common lot or on a permanent dedicated buffer
easement,maintained by the property owner,homeowner's association or business
Page 53
owners' association asset forth in UDC 11-3B-7C.2a.A minimum 35 foot wide buffer is
required along future SH-16 and the interchange and along N. McDermott Rd., entryway
corridors; a minimum 25 foot wide buffer is required along the western portion of W.
Ustick Rd., an arterial street; and a minimum 10 foot wide buffer is required along local
streets in the C-G zoning district, measured per the standards listed in UDC 11-3B-7C.1.
c. Depict the easements for all waterways (i.e.the Sky Pilot Drain,the Eight Mile Lateral
and the Noble Lateral)on the site; structures shall not encroach within these easements.A
License Agreement is required with NMID for any encroachments within the easements.
If the location of the Eight Mile lateral changes, the new location shall be depicted on the
plat.
d. All R-15 zoned lots shall be a minimum of 2,000 square feet as set forth in UDC Table
11-2A-7 except for the 44 lots approved to be reduced to 1,694 square feet with approval
of the Variance request(see exhibit in Section VII. K for specific lots affected by the
variance).
e. Graphically depict zero(0) lot lines on the internal lot lines where the townhomes are
proposed(i.e.where structures will span across lot lines).
3. The landscape plan submitted with the final plat shall be revised as follows:
a. Depict the bollards proposed to restrict access to the emergency access driveway off W.
Ustick Rd. completely outside of the right-of-way.
b. Depict a 10-foot wide multi-use pathway within the street buffers along SH-16 within a
14-foot wide public use easement;the easement shall be submitted to the Planning
division prior to submittal of the final plat for City Engineer signature.
c. Depict landscaping along all pathways as set forth in UDC 11-3B-12C.
d. Landscaping is required within the street buffer as set forth in UDC 11-3B-7C. (See
updated standards)
e. Depict landscaping within common open space areas as set forth in UDC 11-3G-5B.3.
f. Change the Fraxinus Pennsylvanica"Marshall's Seedless"Green Ash tree to another
variety per the City Arborists' comments.
g. Depict a minimum of two(2)points of site amenities for the townhome portion of the
development from the Site Amenities and Point Value Table I1-3G-4. The Applieft
should elar-ify prior-to or-at the Commission hearing what amenities are proposed.
4. Future development shall be consistent with the minimum dimensional standards listed in
UDC Tables 11-2A-7 for the R-15 district and I1-2A-8 for the R-40 district; and UDC Table
11-2B-3 for the C-G 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.
6. Cross-access/ingress-egress easements shall be provided between all commercial C-G zoned
lots in the subdivision via a note on the final plat or a separate recorded easement.
7. The emergency access driveway required and approved by the Fire Dept. off W.Ustick Rd.
east of future SH-16 shall be approved by ITD as it's located within the influence area of
their intersection project.
8. All alleys shall comply with the standards listed in UDC 11-6C-3B.5.
Page 54
Conditional Use Permit:
9. Compliance with the specific use standards listed in UDC 11-4-3-27: Multi-Family
Development and the dimensional standards listed in UDC Table 11-2A-8 is required.
10. The site/landscape plans included in Section VII shall be revised as follows:
a. 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 11-4-3-
27B.2.
b. Depict the location of the property management office;maintenance storage area; central
mailbox location,including provisions for parcel mail,that provide safe pedestrian and/or
vehicular access; and a directory and map of the development at an entrance or
convenient location for those entering the development in accord with UDC 11-4-3-
2 7B.7.
c. Depict safe pathway connections from the proposed multi-family development to the
abutting high school to the west.
f. Depict landscaping along all the foundation of all street facing elevations in accord with
the standards listed in UDC 11-4-3-27E.
g. Depict landscaping 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.
i. Depict a minimum of 20 bicycle parking spaces per the standards listed in UDC 11-3C-
6G;bicycle parking facilities shall comply with the standards listed in UDC 11-3C-5C.
Bike racks should be provided in central locations for each multi-family building and the
amenity building.
j. Depict a minimum of 495 off-street parking spaces for the development in accord with
the standards listed in UDC Table 11-3C-6 and 11-3C-6B.1 per the analysis in Section
VI.
k. At a minimum, depict site amenities consisting of the following: a clubhouse with a
fitness facility, a swimming pool and spa with cabanas and an outdoor lounge area; 10-
foot wide multi-use pathways and internal walking trails; a plaza; a pickleball sports
court; a bike repair station; outdoor kite hen with a BBQ; a picnic area with
tables,benches,landscaping and a shade structure; and a children's play structure.
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-5B4;
if 7-foot sidewalks are proposed,the length of the stall may be reduced to 17 feet.
11. 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.
12. 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.
Page 55
13. 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 in
accord with UDC 11-4-3-27C.6.
14. A Certificate of Zoning Compliance and Design Review application is required to be
submitted for approval of the multi-family and commercial development to ensure
compliance with UDC standards and development provisions associated with this application.
A Design Review application is required to be submitted for approval of the townhomes.
Final design of all structures must comply with the design standards in the Architectural
Standards Manual.
B. PUBLIC WORKS
1. Site Specific Conditions of Approval
1.1 There is a sewer loop on the northern section. Sewer connects to McDermont in Block 1 and
the existing SSMH-06. Reconfigure the design so this is removed.
1.2 Manhole SSMH-11 and SSMH-12 has angles of pipe in/out of manhole at less then 90
degrees.Adjust these manholes so min angle of pipe through manhole is 90 degrees.
1.3 Provide Steel Casing for all locations where sewer crosses future Hwy 16 per City's casing
requirements.
1.4 All manholes require 14ft graveled/paved access path.
1.5 End of the line requires minimum 0.6% slope.
1.6 Ensure manholes are not located in curb/gutter.
1.7 Sewer/water easement varies depending on sewer depth. Sewer 0-20 ft deep require a 30 ft
easement,20-25 ft a 40 ft easement, and 25-30 ft a 45 ft easement. Adjust easements
accordingly.
1.8 Area is subject to the Oaks Lift Station and Pressure Sewer Reimbursement agreement.
1.9 No permanent structures (trash receptacle walls,trees,bushes,buildings, carports, fences,
infiltration trenches, light poles, etc.)are to be built within the utility easement.
1.10 Sewer must be built 1Oft from edge of easement.
1.11 Ensure no sewer services pass through infiltration trenches.
1.12 12-inch water main must be built to and through the development on McDermott Road. On
west side of future SH-16,water must connect to north.
1.13 A streetlight plan will be required for the development of this property.
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.
Page 56
2.3 The applicant shall provide easement(s)for all public water/sewer mains outside of public
right of way(include all water services and hydrants). The easement widths shall be 20-feet
wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via
the plat,but rather dedicated outside the plat process using the City of Meridian's standard
forms. The easement shall be graphically depicted on the plat for reference purposes. Submit
an executed easement(on the form available from Public Works),a legal description
prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of
the easement(marked EXHIBIT A) and an 81/2"x I I"map with bearings and distances
(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a
Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this
document. All easements must be submitted,reviewed, and approved prior to development
plan approval.
2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water(MCC 12-13-8.3). The applicant should be required to use any existing
surface or well water for the primary source. If a surface or well source is not available, a
single-point connection to the culinary water system shall be required. If a single-point
connection is utilized,the developer will be responsible for the payment of assessments for
the common areas prior to prior to receiving development plan approval.
2.5 All existing structures that are required to be removed shall be prior to signature on the final
plat by the City Engineer. Any structures that are allowed to remain shall be subject to
evaluation and possible reassignment of street addressing to be in compliance with MCC.
2.6 All irrigation ditches,canals, laterals, or drains, exclusive of natural waterways,intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be addressed
per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-
1207 and any other applicable law or regulation.
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 110%will be required for all uncompleted
fencing,landscaping,amenities,etc.,prior to signature on the final plat.
2.11 All improvements related to public life, safety and health shall be completed prior to
occupancy of the structures.Where approved by the City Engineer, an owner may post a
performance surety for such improvements in order to obtain City Engineer signature on the
final plat as set forth in UDC 11-5C-3B.
2.12 Applicant shall be required to pay Public Works development plan review,and construction
inspection fees, as determined during the plan review process,prior to the issuance of a plan
approval letter.
Page 57
2.13 It shall be the responsibility of the applicant to ensure that all development features comply
with the Americans with Disabilities Act and the Fair Housing Act.
2.14 Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.17 Compaction test results shall be submitted to the Meridian Building Department for all
building pads receiving engineered backfill,where footing would sit atop fill material.
2.18 The design engineer shall be required to certify that the street centerline elevations are set a
minimum of 3-feet above the highest established peak groundwater elevation. This is to
ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above.
2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation
district or ACHD. The design engineer shall provide certification that the facilities have been
installed in accordance with the approved design plans. This certification will be required
before a certificate of occupancy is issued for any structures within the project.
2.20 At the completion of the project,the applicant shall be responsible to submit record drawings
per the City of Meridian AutoCAD standards. These record drawings must be received and
approved prior to the issuance of a certification of occupancy for any structures within the
project.
2.21 A street light plan will need to be included in the civil construction plans. Street light plan
requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A
copy of the standards can be found at
http://www.meridiancity.org/public works.aspx?id=272.
2.22 The City of Meridian requires that the owner post to the City a performance surety in the
amount of 125% of the total construction cost for all incomplete sewer,water and reuse
infrastructure prior to final plat signature. This surety will be verified by a line item cost
estimate provided by the owner to the City. The surety can be posted in the form of an
irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety,
which can be found on the Community Development Department website. Please contact
Land Development Service for more information at 887-2211.
2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount
of 20% of the total construction cost for all completed sewer,water and reuse infrastructure
for duration of two years. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,
cash deposit or bond. Applicant must file an application for surety,which can be found on the
Community Development Department website. Please contact Land Development Service
for more information at 887-2211.
C. FIRE DEPARTMENT
hgps://weblink.meridiancity.org/WebLink/Doc View.aspx?id=2 72855&dbid=0&redo=Meridian C
ity
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D. POLICE DEPARTMENT
hygs://weblink.meridianciU.org/WebLink/DocView.aspx?id=2 79522&dbid=0&r0o=MeridianC
hty
E. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
https://weblink.meridiancily.org/WebLink/DocView.aspx?id=273744&dbid=0&r0o=MeridianC
ity
F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS)
https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=2 76592&dbid=0&repo=MeridianCit
X
G. WEST ADA SCHOOL DISTRICT(WASD)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=2 79662&dbid=0&repo=MeridianCit
y&cr=1
H. PARK'S DEPARTMENT
City Arborist:
https://weblink.meridianciU.org/WebLink/Doc View.aspx?id=2 72 795&dbid=0&repo=MeridianCit
X
I. COMMUNITY DEVELOPMENT SCHOOL IMPACT
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=2 75929&dbid=0&repo=MeridianCit
X
J. ADA COUNTY DEVELOPMENT SERVICES
https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=273537&dbid=0&repo=MeridianCit
y&cr=1
K. IDAHO TRANSPORTATION DEPARTMENT(ITD)
https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=2 78192&dbid=0&repo=MeridianCit
X
L. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=2 75528&dbid=0&repo=MeridianCit
X
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;
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The City Council finds the proposed zoning map amendment to R-15, R-40 and C-G and
subsequent development is generally 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
commercial uses which will assist in providing for the service needs of area residents; and
residential uses which will contribute to the range of housing opportunities in the City
consistent with the purpose statement of the commercial and residential 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.
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 map amendment will not result in an adverse
impact on the delivery of services 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:
1. The plat is in conformance with the Comprehensive Plan;
The City Council finds 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 IV of this report for more information)
2. 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 of 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 City water and sewer and any other utilities will be provided by the development at
their own cost, the City Council finds that the subdivision will not require the expenditure of
capital improvement funds.
4. There is public financial capability of supporting services for the proposed development;
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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,
Fire,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 of any health, safety, or environmental 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 11-5B-6E)
The Commission shall base its determination on the Conditional Use Permit requests upon the
following:
1. That the site is large enough to accommodate the proposed use and meet all the dimensional
and development regulations in the district in which the use is located.
The City Council finds that the subject property is large enough to accommodate the
proposed use and dimensional and development regulations of the R-40 zoning district(see
Analysis, Section Vfor more information).
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 of MU-R and is allowed as a conditional use in UDC Table I1-2B-2 in the R-40
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 mix of other uses planned for this area and with
the intended character of the area and that such uses will not adversely change the character
of the area.
4. That the proposed use, if it complies with all conditions of the approval imposed, will not
adversely affect other property in the vicinity.
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. The Commission and
Council should weigh any public testimony provided to determine if the development will
adversely affect other properties in the vicinity.
5. That the proposed use will be served adequately by essential public facilities and services such
as highways, streets, schools, parks, police and fire protection, drainage structures, refuse
disposal,water, and sewer.
The City Council finds that essential public services are available to this property and that the
use will be adequately served by these facilities.
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D.Variance(UDC 11-5B-4):
1. The variance relieves an undue hardship because of characteristics of the site;
The City Council finds an undue hardship exists to this site due to the future extension of SH-
16 and the Sky Pilot Drain bisecting this site, which will be relieved by granting the requested
variance.
2. The variance shall not be detrimental to the public health, safety, and welfare.
The City Council finds granting the variance shall not be detrimental to the public health,
safety and welfare.
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