TM Creek Apartments Phase 4 CUP, ALT H-2022-0080 Findings CITY OF MERIDIAN C�
E IDIAN ---
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND "AHO
DECISION& ORDER
In the Matter of the Request for a Multi-Family Development for TM Creek Apartments Phase 4,
Located South of W.Franklin Road and East of S.Ten Mile Road,in the NE 1/of Section 14,
Township 3N.,Range 1W.,in the C-G Zoning District,by Josh Beach,Brighton Development,Inc.
Case No(s).H-2022-0080
For the Planning& Zoning Commission Hearing Date of: January 5,2023 (Findings on January 19,
2023)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of January 5,2023,incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of January 5, 2023, incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of January 5, 2023,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of January 5, 2023, 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 Planning&Zoning Commission takes judicial notice of its Unified Development
Code codified at Title 11 Meridian City Code,and all current zoning maps thereof. The City of
Meridian has,by ordinance, established the Impact Area and the Amended Comprehensive Plan
of the City of Meridian,which was adopted April 19,2011,Resolution No. 11-784 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 Chairman of the Commission and City Clerk and then a copy served by the Clerk
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). TM CREEK APARTMENTS PHASE 4 CUP,ALT[H-2022-0080]
Page 1
upon the applicant,the Planning Department,the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of January 5,2023, 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 Planning &Zoning Commission's authority as provided in Meridian City Code § I I-
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 conditional use permit is hereby approved in accord with the
conditions of approval in the staff report for the hearing date of January 5, 2023, attached as
Exhibit A.
D. Notice of Applicable Time Limits
Notice of Two(2)Year 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 in accord with UDC 11-5B-6F.1.
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 in accord with UDC I I-5B-6F.2.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-513-6.F.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 Commission may be granted. With all extensions,the Director
or Commission may require the conditional use comply with the current provisions of Meridian
City Code Title 11.
E. Judicial Review
Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho
Code § 67-652 1(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(I)(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.
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). TM CREEK APARTMENTS PHASE 4 CUP,ALT[H-2022-0080]
Page 2
G. Attached: Staff Report for the hearing date of January 5, 2023
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). TM CREEK APARTMENTS PHASE 4 CUP,ALT[H-2022-0080]
Page 3
By action of the Planning&Zoning Commission at its regular meeting held on the 19th day of
January ,2023.
COMMISSIONER ANDREW SEAL, CHAIRMAN VOTED
COMMISSIONER MARIA LORCHER,VICE CHAIRMAN VOTED
COMMISSIONER NATE WHEELER VOTED
COMMISSIONER STEVEN YEARSLEY VOTED
COMMISSIONER PATRICK GRACE VOTED
COMMISSIONER MANDI STODDARD VOTED
Andrew Seal, Chairman 1-19-2023
Attest:
Chris Johnson, City Clerk 1-19-2023
Copy served upon the Applicant,the Planning and Development Services divisions of the Community
Development Department,the Public Works Department and the City Attorney.
By: Dated: 1-19-2023
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). TM CREEK APARTMENTS PHASE 4 CUP,ALT[H-2022-0080]
Page 4
EXHIBIT A
STAFF REPORT E COMMUNITY
N --
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING January 5,2023 Legend
DATE:
aProject Location w
TO: Planning&Zoning Commission OF
FROM: Stacy Hersh,Associate Planner
208-884-5533 -
SUBJECT: H-2022-0080—TM Creek Apartments OF
Phase 4—CUP,ALT
LOCATION: South of W.Franklin Rd. and east of S.
Ten Mile Rd.,in the NE %4 of Section 14,
Township 3N.,Range 1 W. (Parcel
#S1214212630) _
I. PROJECT DESCRIPTION
The Applicant has applied for a Conditional Use Permit(CUP)for a multi-family development consisting of
64 urban-style multi-family apartment units with a clubhouse and pool on 2.631-acres of land in the C-G
zoning district.
Alternative Compliance(ALT)is requested to the following UDC standards:
• UDC 11-4-3-27B.3,which requires a minimum of 80 square feet of private usable open space to be
provided for each dwelling unit.
II. SUMMARY OF REPORT
A. Project Summary
Description Details ` Page
Acreage 2.631-acres
Future Land Use Designation Mixed Use—Commercial MU-COM)
Existing Land Use Vacant/undeveloped land
Proposed Land Multi-family development(west of S.Benchmark Avenue Uses )
Current Zoning General Retail&Service Commercial(C-G)
Proposed Zoning NA
Pagel
Description Details � Page
Number of Residential Units(type 64-apartment units(12 studio, 12 1-bedroom,36 2-bedroom,
of units) and 4 3-bedroom.)
Density(gross&net) 28.6/acre(gross)
Open Space(acres,total [%]/ 1.55-acres—this calculation includes the open space
buffer/qualified) calculated with the vertically integrated project to the north.
Amenities Clubhouse with fitness facilities,a bike repair room,
entertainment/game area,parcel locker system,warming
kitchen,pet grooming station,executive offices,golf
simulator;outdoor swimming pool,grilling area,sports court
(pickleball)and fireside seating.
Physical Features(waterways, The Ten Mile Creek runs off-site along the southern boundary
hazards,flood plain,hillside) of the site.
Neighborhood meeting date;#of October 12,2022;no attendees other than Applicant
attendees:
History(previous approvals) H-2015-0017(DA#2016-030845)/H-2020-0074(DA Inst.
#2021-08915 ;CZC(A-2022-0168)
B. Community Metrics
Description Details Page
Ada County Highway
District
• Staff report(yes/no) Yes
• Requires ACHD I No
Commission Action
(yes/no)
Traffic Impact Study(yes/no) No
Access One(1)shared driveway access is proposed via S.Benchmark Avenue,a
(Arterial/Collectors/State collector street,along the east boundary of the site.
Hwy/Local)(Existing and
Proposed)
Police Service 2.6 miles from the Meridian Police Department
• Police Response Time Expected response time to this area is 3:44 Minutes
• Response Time Goal Response time goal for emergencies is within 3-5 minutes.
• Accessibility UDC 11-4-3-27G requires climate-controlled multi-family developments to
provide emergency police access into each building entry point using a multi-
technology keypad.
• Resource Needs The Meridian Police Department can service this development if approved.
• Other All multi-family units shall be clearly marked with addresses and unit numbers
visible day or night for emergency response.
West Ada School District No comments received.
Wastewater _
Distance to Sewer Services Directly Adjacent _
Estimated Project Sewer See Application
ERU's
Page 2
Project Consistent with WW Yes
Master Plan/Facility Plan _
Impacts/Concerns _
Water _
Distance to Water Services Directly adjacent
Estimated Project Water See application
ERU's
Water Quality None
Project Consistent with Yes
Water Master Plan
Impacts/Concerns
C. Project Maps
Future Land Use Map Aerial Map
Legend Civic 0 Legend
Project Location ® Project Location
REMMU-C
Density s
Residential
. . .
MU-Res
MU-Com Comm'emi'al
Medium
High Density r
MAN
Density
'. OL
Employment Residential—
Page 3
Zoning Map Planned Development Map
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Legend 4 RUT 0 Legend 0
Project Location R-40 L-O IE Project Location ® ff
9 City Limits J e
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Planned Parcels --
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III. APPLICANT INFORMATION
A. Applicant:
Brighton Development,Inc.—2929 W.Navigator Dr. Ste. 400, Meridian,ID 83642
B. Owner:
SCS TM Creek LLC—2929 W.Navigator Dr.,Meridian, ID 83642
C. Representative:
Josh Beach,Brighton Corporation—2929 W.Navigator Dr., Ste. 400,Meridian,ID 83642
IV. NOTICING
Planning&Zoning City Council
Posting Date Posting Date
Newspaper Notification 12/21/2022
Radius notification mailed to
properties within 300 feet 12/15/2022
Public hearing notice sign posted
12/20/2022
on site
Nextdoor posting 12/15/2022
V. COMPREHENSIVE PLAN(Comprehensive Plan and TMISAP)
Land Use:
The subject property is designated Mixed Use—Commercial(MUC-COM)on the Future Land Use Map
(FLUM)in the Comprehensive Plan. Development of the property is governed by the Ten Mile
Interchange Specific Area Plan(TMISAP).
The purpose of the MU-COM designation is to encourage the development of a mixture of office,retail,
recreational, employment, and other miscellaneous uses,with supporting multi-family or single-family
Page 4
attached residential uses. While the focus of these areas is on commercial and employment uses,the
horizontal and vertical integration of residential uses is essential to securing entitlements.As with all
mixed-use areas,this designation requires developments to integrate the three major use categories—
residential,commercial and employment. hi MU-COM areas,three or more significant uses also tend to
be larger scale projects. This designation is intended to provide flexibility and encourage developers to
build innovative projects.
Transportation:
The streets in this vicinity(i.e. W. Franklin Rd., S. Ten Mile Rd. and S. Benchmark Ave.)are fully built
out with the exception of S.Benchmark Avenue (a new town center collector),which will be completed
with this development.
Proposed Use: A multi-family development containing 64 urban-style dwelling units consisting of
apartments, clubhouse,pool, and various other site amenities are proposed to develop on the site. A
vertically integrated project was approved with a Certificate of Zoning Compliance(A-2022-0168) on
the northern boundary of this site.
COMPREHENSIVE PLAN POLICIES:
Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be
applicable to this application and apply to the proposed use of this property(staff analysis in italics):
• "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of
Meridian's present and future residents."(2.01.02D)
The proposed multi family apartments will contribute to the variety of housing types and financial
capabilities for such in the City as desired.
• "Locate higher density housing near corridors with existing or planned transit,Downtown, and in
proximity to employment centers."(2.01.01H)
The proposed multi family development is located in close proximity to W. Franklin and S. Ten Mile
Roads, mobility arterials,providing access to I-84 and employment center in the area.
• "Avoid the concentration of any one housing type or lot size in any geographical area;provide for
diverse housing types throughout the City."(2.01.01 G)
The proposed multi family apartments will contribute to the mix of housing types available in the
City. There is currently a mix of housing types within a mile of this site consisting of single family,
townhomes and multi family apartments.
• "Encourage compatible uses and site design to minimize conflicts and maximize use of land."
(3.07.00)
The proposed multi family apartments should be compatible with existing multi family residential
uses and future commercial/retail uses in this area.
• `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 through this development in accord with current City plans.
• "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)
Page 5
The proposed residential uses will allow folks to live in close proximity to employment, retail and
restaurant uses which will reduce vehicle trips and enhance livability.
VI. STAFF ANALYSIS
A. CONDITIONAL USE PERMIT(CUP)
A CUP is proposed for a multi-family development containing(2)4-story structures with 64 apartment
units consisting of(12) studio, (12) 1-bedroom, (36)2-bedroom, and(3) 3-bedroom units on 2.361-acres
of land in the C-G zoning district. The size of each of the unit types proposed is as follows: 656 square
feet(s.£) for studio units; 710 s.£ for 1-bedroom units; 1,094 s.f. for 2-bedroom units; 1,443 s.f. for 3-
bedroom units. The gross density of the development is 28.6 units per acre.
A total of 11,151 square feet of non-residential uses are proposed in the 2-story clubhouse and a 1,081
square foot pool house is located south of the clubhouse.
Specific Use Standards(UDC 11-4-3):
The proposed use is subject to the following standards: (Staffs analysis/comments in italic text)
11-4-3-27: MULTI-FAMILY DEVELOPMENT:
Site Design:
1. Buildings shall provide a minimum setback of ten feet(10')unless a greater setback is otherwise
required by this title and/or title 10 of this Code. Building setbacks shall take into account
windows, entrances,porches, and patios,and how they impact adjacent properties. The proposed
site plan complies with this standard.
2. All on-site service areas, outdoor storage areas,waste storage,disposal facilities, and
transformer and utility vaults shall be located in an area not visible from a public street, or shall
be fully screened from view from a public street. The site plan depicts screened trash
enclosures; all proposed transformer/utility vaults and other service areas shall comply with
this requirement.
3. A minimum of eighty(80) square feet(s.f.)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.
Alternative Compliance is requested to provide zero or a lesser amount of private open space
than required, as follows: 0 for studio units; 70 sf.for 1-bedroom units; 70 sf.for 2-bedroom
units; 71 sf.for 3-bedroom units.
As an alternative, the Applicant proposes common open space and site amenities above the
minimum requirements coupled with innovative new urban design with an emphasis on
integrated internal open space, community facilities, and direct access to the Ten Mile Creek
regional pathway system. Because the proposed design includes design features consistent with
"new urbanism"and promotes walkable and mixed-use neighborhoods with access to the
adjacent regional pathway along the Ten Mile Creek and a vast amount of open space, the
Director finds the Applicant's proposal to be sufficient and approves the Alternative Compliance
request as proposed with the 8-foot wide pathway along the southern boundary of the site.
4. For the purposes of this section,vehicular circulation areas,parking areas,and private usable
open space shall not be considered common open space. Some of the vehicular circulation areas
Page 6
and parking areas were included in the common open space calculations, which don't qualify.
However; the internal common open space at 1.55-acres complies with the minimum standard.
5. No recreational vehicles, snowmobiles,boats or other personal recreation vehicles shall be
stored on the site unless provided for in a separate, designated and screened area. The Applicant
shall comply with this requirement.
6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to All
Districts",of this title. The Applicant is providing twelve(12)parking spaces for the studio units,
twelve(12)parking spaces for the 1-bedroom units,forty(40)parking spaces for the 2 to 3-
bedroom units, and seven (7)guest parking spaces for a total of 117 parking spaces, which 52
are located in a covered carport or garage. The parking for the multi family development was
analyzed with the Certificate of Zoning Compliance(A-2022-0168)for the vertically integrated
portion along the northern boundary of this site.
Bicycle parking is required per the standards listed in UDC 11-3C-6G and should comply with
the standards listed in UDC 11-3C-5C. One bicycle parking space is required for every 25
proposed vehicle parking spaces or portion thereof. Based on 117 spaces, a minimum of 5
spaces are required; a total of 15 spaces are proposed in excess of UDC standards.
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 plan submitted with the Certificate of Zoning Compliance application should depict
the location of these items in accord with this standard.
C. Common Open Space Design Requirements:
1. A minimum area of outdoor common open space shall be provided as follows NOTE: Project
was analyzed with the open space standards in affect at the time of submittal:
a. One hundred fifty(150) square feet for each unit containing five hundred(500)or less
square feet of living area. There are no units containing 500 sf or less of living area.
b. Two hundred fifty(250) square feet for each unit containing more than five hundred(500)
square feet and up to one thousand two hundred(1,200) square feet of living area.All of the
studio, 1-bedroom, and 2-bedroom units (60 units total)fall within this square footage
range; therefore, a minimum of 15,000 square feet or 0.34-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. The (4) three-bedroom units fall within this
square footage range; therefore, a minimum of 4,800 square feet or 0.11-acres of common
open space is required.
A total of 19,800 square feet of common open space is required for the multi family portion of
the development. The submitted open space exhibit depicts approximately 1.55 acres of common
open space between this development and the vertically integrated portion of the development
that was approved administratively with A-2021-0168. To ensure the multi family portion of the
Page 7
development meets the minimum open space standards, Staff recommends the Applicant submit a
revised open space exhibit that only includes the boundary of the 2.36-acre multi family
development.
2. Common open space shall be not less than four hundred(400) square feet in area,and shall have
a minimum length and width dimension of twenty feet(20'). The common open space areas
depicted on the open space exhibit in Section VIII.D meet this requirement.
3. In phased developments, common open space shall be provided in each phase of the
development consistent with the requirements for the size and number of dwelling units. This
project is proposed to develop in one phase.
4. Unless otherwise approved through the conditional use process, common open space areas shall
not be adjacent to collector or arterial streets unless separated from the street by a berm or
constructed barrier at least four feet(4)in height,with breaks in the berm or barrier to allow for
pedestrian access. (Ord. 09-1394, 3-3-2009, eff. retroactive to 2-4-2009) The Applicant requests
the street buffer along S. Benchmark Ave., a collector street, is allowed to count toward the
common open space for the development although it is not separated from the street by a berm
or barrier. Without this area, the internal common open space along the creek corridor still
meets and exceeds the minimum standards.
D. Site Development Amenities:
1. All multi-family developments shall provide for quality of life, open space and recreation
amenities to meet the particular needs of the residents as follows:
a. Quality of life:
(1) Clubhouse.
(2) Fitness facilities.
(3) Enclosed bike storage.
(4) Public art such as a statue.
b. Open space:
(1) Open grassy area of at least fifty by one hundred feet(50 x 100) in size.
(2) Community garden.
(3) Ponds or water features.
(4) Plaza.
c. Recreation:
(1) Pool.
(2) Walking trails.
(3) Children's play structures.
(4) Sports courts.
2. The number of amenities shall depend on the size of multi-family development as follows:
a. For multi-family developments with less than twenty(20)units,two(2)amenities shall be
provided from two(2) separate categories.
b. For multi-family development between twenty(20)and seventy-five (75)units,three(3)
amenities shall be provided,with one from each category.
Page 8
c. For multi-family development with seventy-five(75)units or more,four(4)amenities shall
be provided,with at least one from each category.
d. For multi-family developments with more than one hundred(100)units,the decision-
making body shall require additional amenities commensurate to the size of the proposed
development.
3. The decision-making body shall be authorized to consider other improvements in addition to
those provided under this subsection D,provided that these improvements provide a similar
level of amenity. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005)
Based on 64 proposed units, a minimum of 3 amenities are required.
The following amenities are proposed from each category: a clubhouse with a fitness center,
bike repair room, and pet grooming station;swimming pool and year-round spa; open grassy
areas at least 50'x 100'in size;fireside seating;grilling area; and sports courts (2 pickleball
courts). The Ten Mile Creek multi-use pathway also lies adjacent to the site for residents to use.
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 depicts landscaping along the street facing elevations adjacent to S.
Benchmark Ave. in accord with these standards.
F. Maintenance and Ownership Responsibilities: All multi-family developments shall record legally
binding documents that state the maintenance and ownership responsibilities for the management of
the development, including,but not limited to, structures,parking, common areas, and other
development features. The Applicant shall comply with this requirement.
Access: One(1) east/west shared driveway is proposed via S. Benchmark Ave. for the development with
two (2)accesses off the shared driveway.Direct access to W.Franklin Road and S.Benchmark
Avenue is prohibited.
Landscaping(UDC 11-3B):
A 20-foot wide street landscape buffer is required along S. Benchmark Ave., a collector street in accord
with UDC Table 11-2B-3, 11-3B-7C, and the TMISAP.
Landscaping is required within parking lots in accord with the standards listed in UDC 11-3B-8C. The
parking lot landscaping for the multi-family development was analyzed and approved with the
Certificate of Zoning Compliance(A-2022-0168)for the vertically integrated project located along the
northern boundary for the shared parking on this site.
Landscaping is required to be provided along the pathway adjacent to the southern boundary of the site
per the standards listed in UDC 11-3B-12C,which require a mix of trees, shrubs, lawn and/or other
vegetative groundcover. Landscaping should be added to the landscape plan in accord with this
standard; calculations demonstrating compliance with this standard should also be included in the
calculations table.
Page 9
Landscaping is required within common open space areas per the standards listed in UDC 11-3G-3E.
Calculations should be included in the calculations table demonstrating compliance with this
standard.
Parking: Off-street vehicle parking is required for the proposed multi-family as set forth in UDC Table
11-3C-6 as discussed above.
Pathways: An 8-foot wide pathway is proposed along the southern boundary of the site adjacent to the
Ten Mile Creek.
Internal pedestrian walkways are required to be distinguished from the vehicular driving surfaces
through the use of pavers,colored or scored concrete,or bricks per UDC 11-3A-19B.4b.
Fencing:No fencing is depicted on the landscape plan for this development. Any fencing constructed on
the site should comply with the standards listed in UDC 11-3A-6 and 11-3A-7.
Building Elevations(UDC 11-3A-19 I Architectural Standards Manual):
Conceptual building elevations were submitted for the proposed 4-story structures as shown in Section
VIII.E. Building materials consist of stucco and bricks in neutral colors. Final design is required to
comply with the adopted TM Crossing Design Guidelines.
A Certificate of Zoning Compliance application shall be submitted and compliance with the TM
Crossing design guidelines is required as set forth in the DA prior to submittal of building permit
applications.
VII. DECISION
A. Staff:
Staff recommends approval of the proposed CUP and the Director has approved the requests for ALT
per the provisions included in Section IX in accord with the Findings in Section X.
B. The Meridian Planning&Zoning Commission heard this item on January 5,2023.At the public
hearing,the Commission moved to approve the subject Conditional Use Permit request.
1. Summary of the Commission public hearing:
a. In favor: John Wardle.Brighton Corporation
b. In opposition: none
C. Commenting: John Wardle
d. Written testimony: None.
e. Staff presenting application: Bill Parsons,Planning Supervisor
f. Other Staff commenting:None
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by Commission.
a. None
4. Commission change(s)to Staff recommendation:
a. None
Page 10
VIII. EXHIBITS
A. Legal Description&Exhibit Map for Proposed CUP
lum
E N G I N E E[I N G
August 4,2022
Pro*[No.-2.2-051
TNl Creek Subdivision No.7
Conditional U 5e Permit
tr_gal Description
ExNbItA
A parcel of land being a portion of the Northeast 1/4 of the Northwest 114 and the Northwest 1/4 of the
Northeast V4 of Section 14,Township 3 North,Ra nge 1 West,fiolse Meridian,City of Meridian,Ada
County,Idaho beingmore particularly described asforlows;
Commencing at an aluminum cap marking the North 114 corner of said sectlon tar which bears
584'09'27"E a dlsianm Of 208-00 feet from a brass Cap marking the Northwest oomer of sold Sectlo
14,thence following the northerly line of the Northwest 1/4 of said Section 14,N89'09'27'W a dista n€e
of 164.65 Net,
Thence 12aving said northerly Ilne,$00'50'33"W a distance of 509_63 fppt to the POINT OF BEGINNING_
Thence 54CY'35'31"W a distance of 56.82 feet,
Thence S89'24'29"E a distan€e of 12,00 feet;
Thence 5UD'3511"W a distance of$_00 k4t;
Thence 569'24'29"E a distance of 139.78 feet;
Thence 39.14 feet along the arc of a curve to the right,said curve having a radius of 25.00 feet,a delta
angle of 89'41'54",a chord bearing of 544.33'32"E and a Chord distance of 35.26 feet;
Thence S00'35'28—W s distance of 29.63 Wt;
Thence 589'24'29"E a distance of 5AC feet;
Thence 540'35'31"W a distance of 19.50 feet;
Thence 3.93 feet 21ong the arc of a curve t0 the right,sa Id curve having a radius of 2-51)feet,a delta
angle of9O'WOD",a chord hearing of544 24'29"E and a chord distance of 3.54 feet;
Thence 50095'31"W a distance of 3S.06 feet;
Thence SO4'46'31"W a distance of 29.32 feet;
Theo[.-SB5'13'29"E a distonCe of 86.09 feet;
Thence S8924'29"E a distance of 33.38 feet;
Thence N00'35'31"E a distance of 5.79 feet;
Thence SB9°24'29"E a distance of 76.00 feet;
Thence SO0"35'31'W a distance of 1-33 feet;
Them@$89'3I'2T F a dl Stance of 48-28 ftK
Thence SW'21R'31"W a distance of 15.17 feet;
Thence 20.82 feet along the arc of a curve to the right said curve having a radius of 230.71 feetr a delta
angle of 05'1V11",0 Chord bearing of543'19'33'W and a chord distance of 20.81 feet;
The nce SW57'53"W a d ista nce of 8.24 feet to the northerly I lne of the Ton Mile Rralin 100-foot wide
prescrlptive easement;
Thence following said northerly line,N85'13'29'W a distance of 902.16 feet;
There leaving said northerly line,Noo'33'41'E a distance of 84.07 feet
Thence 589'24'29"E d distance of 24.94 feet;
Thence Nd 00r2A"E a distance of 48.96 feet;
Thence 589'24'29"E a distance of I88.58 feet;
Thence Noe'35'31"E a distance of 63.98 feet;
57a$North Discovery War-S*Ps4,Idaho aa?L3•20E,639.0: 0•kmon&lIp,-com
Page 11
Thence 5ST24'29�"E a distance of 162-67 feet to the POINT OF BEGINNING.
Said parcel contains a total of 2-3b1 acres•more or lea,and Es subject to all eAstlrks easementsaodVor
rights--of-way of record or implied-
Attaehed hereto Is EAU[A and 4V th4 reference is made a Bart hereaf-
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Exhibit B - Conditional Use Permit
Tfvl Creek Subdivision No. 7
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N E 1/4 N W 1/4, N 1rV 114 N E 1/4, Sec. 14, T 3 N, R 31 , BM
City of Meridian, Ada County, Idaho
Page 13
B. Site Plan(du1e: 8/l/2022)
C. Landscape Plan(dated: 8/4/2022)
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D. Qualified Open Space
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E. Conceptual Building 1 i Renderings fori Clubhouse
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Page 20
IX. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
Conditional Use Permit:
1. The Applicant shall comply with the provisions in the existing Development Agreement(Inst. 2021-
089157)and all other previous conditions of approval.
2. The multi-family development shall have an ongoing obligation to comply with the specific use
standards listed in UDC 11-4-3-27.
3. The multi-family development shall record a legally binding document that states the maintenance
and ownership responsibilities for the management of the development, including,but not limited to,
structures,parking, common areas, and other development features as set forth in UDC 11-4-3-27F.
A recorded copy of said document shall be submitted to the Planning Division prior to issuance
of the first Certificate of Occupancy for the development.
4. The site and/or landscape plan submitted with the Certificate of Zoning Compliance shall be revised
as follows:
a. Depict the locations of the property management office,maintenance storage area, central
mailbox location(including provisions for parcel mail,that provide safe pedestrian and/or
vehicular access),and a directory and map of the development at an entrance or convenient
location for those entering the development in accord with UDC 11-4-3-27B.7.
b. All transformer and utility vaults and other service areas shall be located in an area not visible
from a public street, or shall be fully screened from view from a public street in accord with
UDC 11-4-3-27B.2.
c. Depict landscaping along the pathway adjacent to the southern boundary of the site per the
standards listed in UDC 11-3B-12C,which require a mix of trees, shrubs, lawn and/or other
vegetative groundcover.
e. The applicant shall submit a revised open space exhibit that only includes the boundary of the
2.36-acre multi-family development that demonstrates compliance with the common open space
standards in UDC 11-4-3-27.
7. The Director approved the Applicant's request for Alternative Compliance to the private usable open
space standards listed in UDC 11-4-3-27B.3 for each dwelling unit as follows: 0 square feet(s.f.)for
studio units; 70 s.f. for 1-bedroom units; 70 s.f. for the 2-bedroom units; and 71 s.f. for the 3-
bedroom units. Floor plans with square footages noted for patios and balconies shall be submitted
with the Certificate of Zoning Compliance application that demonstrate compliance with the
alternative compliance approval.
8. Per the Development Agreement Instrument#2021-089157, the subject property shall be subdivided
prior to issuance of any Certificate of Occupancy for the site.
9. An application for Certificate of Zoning Compliance shall be submitted for the proposed project and
approved prior to submittal of building permit applications. Compliance with the design guidelines
in the Ten Mile Interchange Specific Area Plan and the design standards listed in the Architectural
Standards Manual as applicable is required.
Page 21
B. PUBLIC WORKS
C. SITE SPECIFIC CONDITIONS
D. GENERAL CONDITIONS
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. 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.
3. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of
way(include all water services and hydrants). The easement widths shall be 20-feet wide for a
single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather
dedicated outside the plat process using the City of Meridian's standard forms. The easement shall
be graphically depicted on the plat for reference purposes. Submit an executed easement(on the
form available from Public Works), a legal description prepared by an Idaho Licensed Professional
Land Surveyor,which must include the area of the easement(marked EXHIBIT A) and an 81/2"x
11"map with bearings and distances(marked EXHIBIT B) for review. Both exhibits must be sealed,
signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat
referencing this document. All easements must be submitted,reviewed, and approved prior to
development plan approval.
4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source
of water(MCC 9-1-28.C). 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.
5. All existing structures that are required to be removed. Any structures that are allowed to remain
shall be subject to evaluation and possible reassignment of street addressing to be in compliance
with MCC.
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.
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.
Page 22
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.
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.
10. All improvements related to public life, safety and health shall be completed prior to occupancy of
the structures.
11. 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.
12. 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.
13. Applicant shall be responsible for application and compliance with any Section 404 Permitting that
may be required by the Army Corps of Engineers.
14. Developer shall coordinate mailbox locations with the Meridian Post Office.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.oMIpublic_works.aspx?id=272.
20. 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
No comments at this time.
Page 23
D. POLICE DEPARTMENT
https:llweblink.meridiancily.orglWebLink/DocView.aspx?id=281513&dbid=0&r0o=MeridianCitX
E. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS)
No comments at this time.
F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=283314&dbid=0&repo=MeridianCitX
G. COMMUNITY DEVELOPMENT SCHOOL IMPACT TABLE
No comments at this time.
H. WEST ADA SCHOOL DISTRICT(WASD)
No comments at this time.
I. PARK'S DEPARTMENT
No comments at this time.
J. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https:llweblink.meridiancily.orglWebLink/DocView.aspx?id=282932&dbid=0&r0o=MeridianCity&cr
=1
https:llweblink.meridiancily.orglWebLink/DocView.aspx?id=281435&dbid=0&r0o=MeridianCity
X. FINDINGS
A. Conditional Use Permit(UDC 11-511-6E)
The Commission shall base its determination on the Conditional Use Permit requests upon the following:
1. That the site is large enough to accommodate the proposed use and meet all the dimensional and
development regulations in the district in which the use is located.
Staff finds that the subject property is large enough to accommodate the proposed use and
dimensional and development regulations of the C-G district(see Analysis, Section V for more
information).
2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with
the requirements of this Title.
Staff finds that the proposed use is consistent with the future land use map designations of MU-C
and the multi family residential use is allowed as a conditional use in UDC Table 11-2B-2 in the C-
G zoning district.
3. That the design, construction, operation and maintenance will be compatible with other uses in the
general neighborhood and with the existing or intended character of the general vicinity and that such
use will not adversely change the essential character of the same area.
Page 24
Staff finds the proposed design of the development, construction, operation and maintenance should
be compatible with the mix of other uses planned for this area and with the intended character of the
area and that such uses will not adversely change the character of the area.
4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely
affect other property in the vicinity.
Stafffinds that if the applicant complies with the conditions outlined in this report, the proposed use
will not adversely affect other property in the area. The Commission should weigh any public
testimony provided to determine if the development will adversely affect other properties in the
vicinity.
5. That the proposed use will be served adequately by essential public facilities and services such as
highways,streets,schools,parks,police and fire protection,drainage structures,refuse disposal,water,
and sewer.
Staff finds that essential public services are available to this property and that the use will be
adequately served by these facilities.
B. Alternative Compliance(UDC 11-513-5):
In order to grant approval of an alternative compliance application, the Director shall determine the
following:
l. Strict adherence or application of the requirements is not feasible; OR
The Director finds strict adherence to the standards listed in UDC 11-4-3-27B.3 is feasible.
2. The alternative compliance provides an equal or superior means for meeting the requirements; and
The Director finds the proposed alternative compliance of providing integrated internal open space,
a pathway creek amenity and site amenities and common open space in excess of UDC standards
coupled with innovative, new-urban design provides a superior means for meeting the requirements
in UDC 11-4-3-27B.3.
The Director finds the proposed alternative for parking for studio units provides an equal means for
meeting the requirements in UDC Table 11-3C-6.
3. The alternative means will not be materially detrimental to the public welfare or impair the intended
uses and character of the surrounding properties.
The Director finds that the proposed alternative means of compliance will not be detrimental to the
public welfare or impair the intended use%haracter of the surrounding properties.
Page 25