Z - Approved Findings (CR-2022-0007 and H-2022-0069) CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW, E IDIAN=--
DECISION,AND ORDER
Date of Order: January 17, 2023
Case Nos.: CR-2022-0007 and H-2022-0069
Applicant: Meridian CenterCal, LLC
In the Matter of: City Council review of the Planning and Zoning Commission's denial of a
request for a conditional use permit (H-2022-0069) to exceed the maximum
building height allowed in the C-G zoning district.
Pursuant to testimony and evidence received regarding this matter at the public hearing before the
City Council of the City of Meridian ("City Council") on January 3, 2023, as to this matter, the City
Council enters the following findings of fact, conclusions of law, decision, and order.
A. Findings of Fact.
1. The facts pertaining to the Applicant's property, the Applicant's request, and the process are
set forth in the staff report for Case No. H-2022-0069 ("Staff Report"),which is attached
hereto and incorporated herein.
2. Pursuant to Unified Development Code ("UDC") section 11-213-3A and Table 11-2B-3, the
maximum building height in the C-G zoning district is 65 feet,but additional height may be
approved through the City's alternative compliance procedures, by adding additional open
space, or via a conditional use permit.
3. The Applicant proposes to construct a multi-story building ("Project") in the C-G zoning
district with an average elevation of 78 feet and a high point of 85 feet.
4. The Applicant is requesting a conditional use permit to exceed the maximum building height
delineated in the UDC.
5. The City of Meridian Planning and Zoning Commission ("Commission")held a public
hearing on October 20, 2022, concerning the Applicant's request for a conditional use
permit.
6. The Commission denied the Applicant's request for a conditional use permit because it was
unable to make a finding that the Project is compatible with other uses in the general
neighborhood and with the existing or intended character of the general vicinity.
7. The Commission adopted its findings of fact and conclusions of law on November 3, 2022.
8. The Applicant timely submitted a request for City Council review of the Commission's
decision pursuant to UDC section 11-5A-7, and the City Council conducted a de novo public
hearing for that purpose on January 3, 2023.
FINDINGS OF FACT,CONCLUSIONS OF LAW,DECISION,AND ORDER
Case Nos.CR-2022-0007 and H-2022-0069 Page 1
9. Based on evidence and testimony received at said public hearing, the City Council finds that
the Applicant's request for a conditional use permit complies with the requirements set forth
in the UDC, including UDC section 11-513-6(E)(3), because the Project is compatible with
other uses in the general neighborhood and with the existing or intended character of the
general vicinity. Moreover, the Project will not adversely change the essential character of
the area.
B. Conclusions of law.
1. The City Council takes judicial notice of the UDC; the City of Meridian Comprehensive
Plan; and all current zoning maps.
2. The City Council takes judicial notice of the Local Land Use Planning Act ("LLUPA"),
codified at Chapter 65, Title 67, Idaho Code.
3. When considering a request for a conditional use permit, the City Council shall base its
decision on certain factors, including whether"the design, construction, operation and
maintenance [of the proposed project] 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."UDC § 11-513-
6(E)(3).
C. Order. Pursuant to the above findings of fact and conclusions of law, the City Council hereby
approves the Applicant's request for a conditional use permit, subject to the conditions noted in
the Staff Report,because the Applicant has satisfied the requirements set forth in the UDC,
including, but not limited to, UDC section 11-5B-6(E)(3) concerning compatibility.
D. Final decision. Upon approval by majority vote, this is a final decision of the City Council.
E. Judicial review. Pursuant to Idaho Code section 67-652 1(1)(d), if this final decision concerns a
matter enumerated in Idaho Code section 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 review by the City Council of the City of Meridian as provided by
UDC section 11-5A-7, 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 sections 67-652 1(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. Attachment: Staff Report.
FINDINGS OF FACT,CONCLUSIONS OF LAW,DECISION,AND ORDER
Case Nos.CR-2022-0007 and H-2022-0069 Page 2
IT IS SO ORDERED by the City Council of the City of Meridian, Idaho, on this 17th day of
January 2023.
Robert E. Simison
Mayor
Attest:
Chris Johnson
City Clerk
FINDINGS OF FACT,CONCLUSIONS OF LAW,DECISION,AND ORDER
Case Nos.CR-2022-0007 and H-2022-0069 Page 3
STAFF REPORT E COMMUNITY
N ---
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING October 20,2022
DATE: -
9i� r
TO: Planning&Zoning Commission
]MIU5 fly..
R P.
FROAM: Sonya Allen,Associate Planner KLEINE,
e�r
208-884-5533I L
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SUBJECT: H-2022-0069
Bridge at The Village at Meridian 6 ,
OCATION: 3210 E. Longwing Ln., in the SW 1/4 of
Section 4,T.3N.,R.IE. (Parcel =
#R1343720701)
a
I. PROJECT DESCRIPTION
Conditional Use Permit to exceed the maximum building height listed in UDC 11-2B-3A.3 of 65 feet
for the C-G zoning district to allow an average elevation of 78 feet(85 feet to the highest point of the
structures).
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 14.24 acres
Future Land Use Designation Mixed Use—Regional(MU-R)
Existing Land Use Vacant/undeveloped land
Proposed Land Use(s) Vertically integrated residential project
Current Zoning General Retail and Service Commercial District(C-G)
Physical Features(waterways, NA
hazards,flood plain,hillside)
Neighborhood meeting date 5/26/22
History(previous approvals) AZ-07-012,MDA-11-002(11 amendment to DA Inst.
#111052692);MDA-11-012(2'amendment to DA
#112025435)
Page 1
III. APPLICANT/OWNER INFORMATION
A. Applicant:
Lance Blackwood,Meridian CenterCal, LLC— 1600 E. Franklin Ave.,El Segundo, CA 84009
B. Owner:
Meridian CenterCal,LLC— 1600 E. Franklin Ave., El Segundo, CA 84009
C. Representative:
Tamara Thompson, The Land Group, Inc. —462 E. Shore Dr., Ste. 100,Eagle,ID 83616
IV. NOTICING
Planning& Zoning Commission
Posting Date
Notification published in
newspaper
10/5/2022
Notification mailed to property
owners within 300 feet 9/29/2022
Applicant posted public hearing
notice on site 10/9/2022
Nextdoor posting 9/30/2022
V. COMPREHENSIVE PLAN ANALYSIS
This property is designated Mixed Use—Regional(MU-R) on the Future Land Use Map(FLUM)
contained in the Comprehensive Plan.
The purpose of the MU-R designation is to provide a mix of employment,retail,and residential
dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses
together, including residential, and to avoid predominantly single use developments such as a regional
retail center with only restaurants and other commercial uses. Developments should be anchored by
uses that have a regional draw with the appropriate supporting uses. The developments are
encouraged to be designed consistent with the conceptual MU-R plan depicted in Figure 3D (pg. 3-
17).
This site is part of a much larger mixed-use designated area that contains a wide variety and mix of
uses as desired in MU-R designated areas. The Applicant plans to develop this site as a vertically
integrated residential project,which is a desired use in the MU-R designation. The proposed use is
listed as a principal permitted use in the C-G zoning district in UDC Table 11-2B-2, subject to the
specific use standards listed in UDC 11-4-3-41.
VI. UNIFIED DEVELOPMENT CODE ANALYSIS
A Conditional Use Permit is requested to exceed the maximum building height listed in UDC 11-2B-
3A.3 of 65 feet for the C-G zoning district to allow an average elevation of 78 feet(85 feet to the
highest point of the structures). See application narrative for more information.
The project includes two(2)buildings with a connector bridge spanning over E. Longwing Lane for a
vertically integrated residential project. The project will include 549 apartment units over ground
floor retail and restaurant uses. The south building will include a 733-stall parking garage.
Compliance with the standards listed in UDC 11-4-3-41 —Vertically Integrated Residential Project, in
Page 2
effect at the time of application submittal,is required.Note:A UDC amendment is currently in
process to amend the specific use standards for vertically integrated residential projects (see ZOA-
2022-001 for more information).
The Fire Dept. has submitted comments on this application,included in Section IX.0 below. A
summary of their report is as follows:
"This project can be serviced by the Meridian Fire Dept., but with the concentration and
distribution of existing resources, we are unable to maintain an acceptable response time. A
FARS system will be required for the structures per Appendix L of the 2018 IFC and City Code.
Both structures shall be required to have radio testing done. The Fire Dept. recommends AED's
throughout the buildings as access to the upper floors and pool area will be delayed."
VII. DECISION
A. Staff:
Staff recommends approval of the conditional use permit with the conditions noted in Section IX
below.
Page 3
VIII. EXHIBITS
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IX. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING
1. Future development of this site shall comply with the previous conditions of approval and
terms of the existing Development Agreement and the conditions contained herein [AZ-07-
012;MDA-11-002 (1st amendment to DA Inst. #111052692); MDA-11-012 (2"amendment
to DA#112025435).
2. No occupancy uses shall be permitted above the 74'5"level(i.e.rooftop gardens, etc.)per
requirement of the Fire Department.
3. The proposed structures shall not exceed an average elevation of 78 feet(85 feet measured to
the highest point of the structures).
4. Compliance with the standards listed in UDC 11-4-3-41 — Vertically Integrated Residential
Project,in effect at the time of application submittal,is required.
5. A Certificate of Zoning Compliance and Design Review application shall be submitted and
approved for the proposed use prior to submittal of a building permit application. The design
of the site and structures shall comply with the standards listed in UDC 11-3A-19; the design
standards listed in the Architectural Standards Manual and with the Development Agreement.
6. The conditional use permit is 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 as set forth in UDC 11-5B-6.A time extension may be requested
as set forth in UDC 11-5B-6F.
B. PUBLIC WORKS
Site Specific Conditions of Approval
1. There is existing water and sewer mains running through the southern building.No
permanent structures (trees,bushes,buildings, carports,trash receptacle walls, fences,
infiltration trenches, light poles,etc.) are to be built within the utility easement. Sewer/Water
must be rerouted or the plans redesigned to meet City easement requirements Any deviation
from City standards will will require a waiver of easement requirements by City Engineer.
2. Ensure no sewer services pass through infiltration trenches.
3. Sewer capacity is available for the 549 units
General Conditions of Approval
4. 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.
5. 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 9
6. 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. 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.
7. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water(UDC 11-3B-6). 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.
8. Any structures that are allowed to remain shall be subject to evaluation and possible
reassignment of street addressing to be in compliance with MCC.
9. 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.
10. 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.
11. 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.
12. All improvements related to public life, safety and health shall be completed prior to
occupancy of the structures.
13. 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.
14. 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.
15. Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
16. Developer shall coordinate mailbox locations with the Meridian Post Office.
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.
18. 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.
Page 10
19. 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.
20. 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.meridianciiy.org/public_works.aspx?id=272.
21. 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. MERIDIAN FIRE DEPARTMENT
https://weblink.meridiancity.orglWebLinkIDocView.aspx?id=272938&dbid=0&repo=MeridianC
Lty
D. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https://weblink.meridianciU.org/WebLink/DocView.aspx?id=276587&dbid=0&repo=MeridianC
hty
E. IDAHO TRANSPORTATION DEPARTMENT(ITD)
https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=2 7712 7&dbid=0&repo=MeridianC
ity
F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=2 75048&dbid=0&r0o=MeridianC
hty
X. FINDINGS
Conditional Use(UDC 11-513-6)
Findings: The commission shall base its determination on the conditional use permit request upon the
following:
1. That the site is large enough to accommodate the proposed use and meet all the dimensional and
development regulations in the district in which the use is located.
Staff finds the site is large enough to accommodate the proposed use if the increase in building
height request is approved.
2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord
with the requirements of this title.
Staff ,finds the proposed vertically integrated residential project with an increased maximum
building height will be harmonious with the Comprehensive Plan and is consistent with
applicable UDC standards with the conditions noted in Section IX of this report.
Page 11
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.
Stafffinds although the building heights will be taller than others in this area, the design,
construction, operation and maintenance of the proposed use will be compatible with other uses
in the general neighborhood, with the existing and intended character of the vicinity and will not
adversely change the essential character of the area.
4. That the proposed use,if it complies with all conditions of the approval imposed,will not
adversely affect other property in the vicinity.
Staff ,finds the proposed use will not adversely affect other properties in the vicinity if it complies
with the conditions in Section IX of this report.
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.
Stafffinds the proposed use will be served by essential public facilities and services as required.
6. That the proposed use will not create excessive additional costs for public facilities and services
and will not be detrimental to the economic welfare of the community.
Staff ,finds the proposed use will not create additional costs for public facilities and services and
will not be detrimental to the economic welfare of the community.
7. That the proposed use will not involve activities or processes,materials, equipment and
conditions of operation that will be detrimental to any persons,property or the general welfare by
reason of excessive production of traffic,noise, smoke, fumes, glare or odors.
Stafffinds the proposed use will not be detrimental to any persons,property or the general
welfare by the reasons noted above.
8. That the proposed use will not result in the destruction,loss or damage of a natural, scenic or
historic feature considered to be of major importance. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005)
Staff ,finds the proposed use will not result in the destruction, loss or damage of any such features.
9. Additional findings for the alteration or extension of a nonconforming use:
a. That the proposed nonconforming use does not encourage or set a precedent for additional
nonconforming uses within the area; and,
This finding is not applicable.
b. That the proposed nonconforming use is developed to a similar or greater level of conformity
with the development standards as set forth in this title as compared to the level of
development of the surrounding properties.
This finding is not applicable.
Page 12