Modern Craftsman At Franklin H-2022-0079 Findings CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW C�fIENty
AND DECISION&ORDER
In the Matter of the Request for Modification to the Existing Development Agreement(Instrument
#2020-117678)to Remove the Property at 4540 W.Franklin Road from the Agreement for the
Purpose of Including it in the Subject Multi-family Development;Annexation and Zoning of 10.29-
acres of Land with an R-15 (Medium High-density Residential)Zoning District; Preliminary Plat
Consisting of One(1)Building Lot and One(1) Other Lot on 11.47-acres of Land in the R-15
Zoning District; Conditional Use Permit for a Multi-family Development Consisting of 122
Dwelling Units on 11.47-acres of Land in the R-15 Zoning District; and Internal Private Streets for
Modern Craftsman Franklin Subdivision,by Horrocks Engineers,Inc.
Case No(s). H-2022-0079
For the City Council Hearing Date of: May 9,2023 (Findings on May 23,2023)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of May 9,2023,incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of May 9, 2023, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 9,2023,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of May 9,2023,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(LC. §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.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR MODERN CRAFTSMAN FRANKLIN-AZ CUP MDA PP PS H-2022-0079
-I -
6. That the City has granted an order of approval in accordance with this Decision,which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the
Community Development Department,the Public Works Department and any affected party
requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of May 9,2023,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 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 a modification to the existing development agreement, annexation
&zoning,conditional use permit and preliminary plat is hereby approved per the provisions in
the Staff Report for the hearing date of May 9,2023,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 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner,and conforms substantially to the approved preliminary plat,
such segments,if submitted within successive intervals of two(2)years,may be considered for
final approval without resubmission for preliminary plat approval(UDC 11-6B-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
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR MODERN CRAFTSMAN FRANKLIN-AZ CUP MDA PP PS H-2022-0079
-2-
conditional use permits that also require platting,the final plat must be signed by the City
Engineer within this two(2)year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the
use not to exceed one (1)two (2)year period.Additional time extensions up to two (2)years as
determined and approved by the City Council may be granted.With all extensions,the Director
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title I I(UDC 11-513-61F).
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 § 67-6521(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(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 May 9,2023
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR MODERN CRAFTSMAN FRANKLIN-AZ CUP MDA PP PS H-2022-0079
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By action of the City Council at its regular meeting held on the 23 day of May
2023.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED
COUNCIL VICE PRESIDENT JOE BORTON VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER JOHN OVERTON VOTED
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E.Simison 5-23-2023
Attest:
Chris Johnson 5-23-2023
City Clerk
Copy served upon Applicant,Community Development Department,Public Works Department and City
Attorney.
By: Dated: 5-23-2023
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR MODERN CRAFTSMAN FRANKLIN-AZ CUP MDA PP PS H-2022-0079
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EXHIBIT A
STAFF REPORT
E COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT
HEARING May 9,2023 Legend ` LMH
DATE:
IdProact Lacaian
TO: Mayor&City Council -'j x _ r
FROM: Sonya Allen,Associate Planner -
208-884-5533
SUBJECT: Modern Craftsman Franklin AZ, CUP,
MDA,PP,PS H-2022-0079
(aka Colorado Ridge) _
LOCATION: 4540,4490,&4420 W.Franklin Road,
approximately 1/4 mile east of the _ _ ___ _ �� k
northeast corner of W.Franklin Road ande '= or
N. Black Cat Road,in the SW 1/4 of /
Section 10,Township 3N,Range 1 W. ,
(Parcel9S1210336521; 9S1210336450;
4S1210336405)
L PROJECT DESCRIPTION
Modification to the existing Development Agreement(MDA) (Inst. 92020-117678)to remove the property
at 4540 W. Franklin Road from the agreement for the purpose of including it in the proposed multi-family
development;Annexation(AZ)of 10.29-acres of land with an R-15 (medium high-density residential)
zoning district;Preliminary Plat(PP)consisting of one (1)building lot and one(1)other lot on 11.47 acres of
land in the R-15 zoning district; Conditional Use Permit(CUP)for a multi-family development consisting of
122 dwelling units on 11.47 acres of land in the R-15 zoning district; and internal private streets(PS) for
Modern Craftsman Franklin Subdivision.
IL SUMMARY OF REPORT
A. Project Summary
Description Details
Acreage 11.47 acres
Future Land Use Designation Medium-High Density Residential(MHDR)in the Ten Mile Interchange
Specific Area Plan(TMISAP)
Existing Land Use Single-family rural residential(SFR)
Proposed Land Use(s) Multi-family residential development(MFR)
Current Zoning Rural Urban Transition(RUT)in Ada County&R-15 in the City
Proposed Zoning R-15
Lots(9 and type;bldg/common) 1 building/1 common lot
Phasing plan(9 of phases) 1 phase
Page 1
Number of Residential Units(type 122 multi-family units(single-family detached&attached/duplex and
of units) townhome style units)
Density(gross&net) 10.64 units/acre(gross)
Open Space(acres,total[%]/ Revisions are needed to the common open space exhibit
buffer/qualified)
Amenities Clubhouse,dog park,community garden; swimming pool,internal walking
trails,children's play structure and charging stations for electric vehicles.
Physical Features(waterways, None
hazards,flood plain,hillside)
Neighborhood meeting date 9/28/2022
History(previous approvals) A-2020-0164(ROS#12525-Parcel B);H-2020-0042(Compass Charter School
East Expansion Ord.20-1895;DA Inst.#2020-117678)
B. Community Metric
Description Details
Ada County Highway District
• Staff report(yes/no) Yes
• Requires ACHD No
Commission Action
(yes/no)
Traffic Impact Stud ( es/no) Yes
Access(Arterial/Collectors/State One access is proposed via W.Aviator St.,a collector street,at the northern
Hwy/Local)(Existing and Proposed) boundary;and one access is proposed via N.Moshova Ave.,a local street, from
W.Franklin Rd.at the southwest comer of the site.
Traffic Level of Service Roadway Frontage Functional PM Peak Hour PM Peak Hour
Classification Traffic Count Level of Service
Franklin Road 618-feet Principal Arterial 793 Better than"D"
Aviator Street 67-feet Collector 433 "E"
Acceptable level of service for a five-lane principal arterial is"E"(1,780 VPH).
Acceptable level of service for a two-lane collector is"D"(425 VPH).
Stub Street/Interconnectivity/ W.Aviator St.stubs to the property's west boundary at the north end of the site.
Cross Access
Existing Road Network W.Franklin Rd.,an arterial street,runs along the southern boundary of the site;
W.Aviator St.,a collector street,stubs to the southwest corner of the site.
Existing Arterial Sidewalks/Buffers A detached sidewalk exists along Franklin Rd.on the western portion of the site
that transitions to an attached sidewalk on the eastern portion of the site.No street
buffers exist on this site.
Proposed Road Improvements
Page 2
Capital Improvements Plan(CIP)/Integrated Five Year Work Plan(IFYWP):
There are no roadways,bridges or intersections in the general vicinity of the project that are in the
Integrated Five Year Work Plan(IFYWP).
• Franklin Road is scheduled in the IFYWP to be widened to 5-lanes from McDermott Road to
Black Cat Road with the design year in 2026 and the construction date has not been
determined.
• Black Cat Road is listed in the CIP to be widened to 5-lanes from Franklin Road to Cherry
Lane between 2031 and 2035.
• Black Cat Road is listed in the CIP to be widened to 5-lanes from Overland Road to Franklin
Road between 2036 and 2040.
Traffic Impact Stud ( es/no) Yes
Fire Service
• Distance to Fire Station 2.6 miles from Station#2
• Fire Response Time Falls outside of the 5-minute response time goal
• Resource Reliability 85%(above the targeted goal of 80%)
• Accessibility This project meets all required access,road widths,and turnarounds as presented
in the preliminary plat.
• Additional See Fire comments in the link provided below under Section IX.I.
Comments/Concerns
Police Service
• Distance to Fire Station 4 miles from Meridian Police Department
• Fire Response Time Expected response time is 4:17 minutes;Average emergency response time is
3:46 minutes for City of Meridian
• Accessibility If Applicable,any climate-controlled multi-family developments,the Meridian
Police Department required police access into each building's entry point using a
multi-technology keypad per UDC 11-4-3-27G. See Meridian Police
Department Staff Report in the link provided below under Section IX.D.
West Ada School District
Distance(elem,ms,Its) Approved MF units Pro ected
Approved lots per per attendance Students from
Capacity of Schools Enrollment Ca aci attendance area area Approved Dev.
#of Students Enrolled Chaparral Elementary 494 700 618 3650 275
Meridian Middle School 1064 1250 656 2947 147
Meridian High School 1718 2075 3560 3613 607
School of Choice Options
Chief Joseph Elementary—Arts 526 700 N/A N/A
Barbara Morgan STEM Academy 417 500 N/A N/A
#of students estimated for this 20
development
Wastewater
• Wastewater Modeling -Additional 1,350 gpd committed to model.WRRF decline balance is 14.5 MGD
• Project Consistent with WW Yes
Master Plan/Facility Plan
• Impacts/Concerns See Public Works Site Specific Conditions
Water
• Distance to Services
• Pressure Zone 1
• Estimated Project Water
ERU's
• Water Quality Concerns Each Phase will need to be modeled independently to verify adequate pressure.
• Project Consistent with Water Yes
Master Plan
• Impacts/Concerns See Public Works' Site-Specific Conditions
Page 3
C. Project Maps
Future Land Use Map Aerial Map
Legend ® Legend
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III. APPLICANT INFORMATION
A. Applicant:
Kindi Moosman,Horrocks Engineers,Inc.—2775 W.Navigator Dr., Ste. 210,Meridian,ID 83642
B. Owner:
BPS Franklin Road, LLC— 1401 171h Street, Suite 700,Denver,CO 80202
Page 4
C. Representative:
Same as Applicant
IV. NOTICING
Planning&Zoning City Council
Posting Date Posting Date
Newspaper notification
published in newspaper 3/22/2023 4/23/2023
Radius notification mailed to
property owners within 500 feet 3/16/2023 4/21/2023
Public hearing notice sign posted
3/22/2023 4/20/2023
on site
Nextdoor posting 3/16/2023 4/21/2023
V. COMPREHENSIVE PLAN ANALYSIS
This property is designated Medium High-Density Residential(MHDR)on the Future Land Use Map
(FLUM)and is located within the area governed by the Ten Mile Specific Area Plan(TMISAP).
LAND USE: MHDR areas are locations recommended primarily for relatively dense multi-family housing
types, such as row houses,townhouses,and condominium and apartment buildings and complexes. These
areas should have a mix of housing types that achieve an overall average density target of 12 dwelling units
per gross acre with densities ranging from 8-15 units per acre.MHDR areas typically are relatively compact
areas within a larger neighborhood and generally should be located around and near more intensely
developed areas, such as Mixed Use Commercial or Employment areas,in order to provide convenient
access to these commercial activity and employment centers for the greatest number of residents.Apartment
buildings are desired to be accessed via shared entrances and hallways.
The proposed multi-family development incorporates a mix of single-family detached and attached/duplex
and townhome style units containing a mix of 1-,2-and 3-bedrooms at an overall gross density of 10.64
units per acre.Although single-family and townhome style units are proposed,the use is considered multi-
family because all of the units are on one lot instead of individual lots. As such,they will all be rental units
and not privately owned. The proposed density is consistent with the density desired in the MHDR
designation. A charter school and landscape business exist to the west;residential uses with a mix of housing
types including single-family detached and attached,townhomes and multi-family apartments,are entitled
and planned to develop to the north(Aviator),northeast(Newkirk)and east(Alamar)of this site.
Employment and commercial uses are planned to the southeast of this site across Franklin Rd.,which will
provide jobs and services in close proximity to area residents.
TRANSPORTATION: ACHD's Master Street Map(MSM)depicts a new towncenter collector street(i.e. W.
Aviator St.)across the northwest corner of this property extending from the west from N. Black Cat Rd. The
Transportation System Map in the TMISAP lists the functional classification for this street as a collector
street and the Street Section Map lists the design classification as a major collector street,which is intended
to be constructed consistent with Street Section C,as follows:
Page 5
/ 4
ti
a
.a
1-0' 6' 787 6- 1 11' 6' 8' d'
e NO ne Ravel Lane i e
Law 34, Lane
Curb-to-curb distance
This street is planned to eventually provide a connection from W.Franklin Rd. 1/z mile west of N. Black Cat
Rd.to Franklin Rd.via Umbria Hills Ave., t/4 mile west of N. Ten Mile Rd.
A local public street(Moshava Ave.)is proposed for access to the development from the south via W.
Franklin Rd.,an arterial street.ACHD is requiring this access to be a private road/drive aisle constructed
along the west boundary of the site to ensure the parcel to the west has access to the driveway.Private streets
are proposed for internal access to the proposed dwelling units.
Franklin Rd. is fully improved abutting the site;therefore,no additional right-of-way or street improvements
are required. The Ten Mile interchange is located within about 1.5 miles to the southeast of the site. State
Highway 16 is planned to extend from Chinden Blvd.to I-84 approximately 1.5 miles west of this site,just
west of McDermott Rd.; no interchange is planned at Franklin Rd.
DESIGN: All residential neighborhoods in the Ten Mile Interchange area should be developed in
consideration of Traditional Neighborhood Design(TND)principals and concepts and the standards
established by the City for the R-15 zoning district. Future development should be consistent with the design
elements in the TMISAP for the Residential MHDR FLUM designation as determined by the Application of
the Design Elements table (see pg. 3-49),as follows: (Staffs analysis of consistency with these elements is in
italics)
• 3-33. Street-oriented Design: Useable porches should be a dominant element of residential
buildings and should be located along at least 30%of the front fagade of the buildings—a higher
percentage is recommended as is the location of porches on one or more side facades.When
possible,garages should be loaded from a rear alleyway.Where garages must be accessed from the
front,the garages must be located no less than 20' behind the primary fagade.Front-loaded 2-car
garages that are visible from the primary street must be designed with two(2)separate garage doors.
Largely, this plan (65%)does not incorporate street-oriented design;there is no on-street parking
along the collector street and no porches are proposed except for the townhome style units, which
have porches and balconies and are accessed from the rear via a private street along the periphery
of the site. The 2-car garages have single-doors but are located at the rear of the structures away
from public view and the primary street;no front-loaded garages are proposed.
• 3-34.Buildings to Scale: Everything seen and experienced from the sidewalk—building fronts,
lighting,open space—should be designed for human interaction at a pedestrian's perspective.Key
elements to consider are the continuity of the building sizes,how the street-level and upper-level
architectural detailing is treated,elements that anchor and emphasize pedestrian scale,roof forms,
rhythm of windows and doors,and general relationship of buildings to public spaces such as streets,
plazas and other open space. Human-scale design is critical to the success of built places for
pedestrians. Building entrances should be placed close to the street; ground floor windows,
articulated facades,appropriately scaled lighting,awnings and other weather protection should be
provided.
Page 6
Continuity of building sizes is proposed between the single-story single-family style structures and
between the 2-story townhome style structures along the eastern boundary of the site. The street-
level and upper-level architectural detailing of the townhome style units is very similar with
windows of like size and orientation and balconies over porches. Stone veneer wainscoting is
proposed along portions of the facades to anchor and emphasize pedestrian scale; landscaping
along street facing foundations is also required for pedestrian scale. Weather protection is proposed
over entrances. Roofforms are symmetrical in various pitches.
• 3-36.Neighborhood Design: All residential neighborhoods in the Ten Mile interchange area should
be developed in consideration of traditional neighborhood design principles and concepts,which
pertain to mixed housing stock,architecture and design, strectscapes and streets.Front porches and
garages accessed from an alley are usually the standard in residential areas;parking for homes is
primarily located behind buildings. Strectscape design relates to the street itself and consists of
landscaped parkways with trees between curbs and sidewalks,adjacent sidewalks and front yard
spaces and provides public space for street trees, street furniture and view corridors. Other aspects of
neighborhood design that contribute to a traditional strectscape are connected network of streets,
alleys and sidewalks. Roadways and pedestrian ways are interconnected so that access for
pedestrians,cyclists and automobile drivers is direct and convenient and allows traffic to be
dispersed through a variety of streets and ways.Narrower streets designed with TND characteristics
result in slower moving traffic and provide a safer,more pleasant pedestrian environment and
encourages interaction among residents.
A variety of residential housing types is proposed for a mixed housing stock and diversity of housing
choices within the same neighborhood. Hip and gable roofs and I-and 2-story structures are
proposed for a variety in architecture and design. Porches and balconies are depicted on the
concept elevations for the townhome style units. Parking is located off internal private streets. The
townhome style units have garages at the rear of the structures accessed from a private street.
Internal walkways and private streets provide connections for pedestrians and vehicles to adjacent
public streets and developments. The narrow private streets and center planter islands with bulb-
outs assist in slowing traffic for a safer neighborhood and pedestrian environment.
• 3-37.Building Form& Character:
Building Facades—Buildings should be designed so that their primary facades relate to active
public spaces and pedestrian areas. The primary fagade of a structure is that frontage of the building
that has been designed and detailed so as to represent the building's most important elevations. The
primary fagade should always include an entry into the building. Entries should be located so as to
provide direct access from adjacent public spaces,primary streets and activity areas. Access from
walkways should be uninterrupted by vehicular traffic.Buildings should be located so as to help
frame adjacent public spaces and to provide an architectural backdrop for associated passive and
active activities. The space between a building fagade and the adjacent walkway should be
appropriately landscaped with a combination of lawns,groundcover, shrubs and trees.
Building facades front on internal private streets and common open space areas. The overall design
of the development is very auto oriented, not pedestrian oriented as desired.Although there are a lot
of walkways, there is a lot of asphalt in the site design and pedestrian crossings in vehicular use
areas (i.e.private streets).For pedestrian safety and to delineate walkways, Staff recommends
crossings are distinguished from vehicular driving surfaces through the use of pavers, colored or
scored concrete, or bricks as set forth in UDC 11-3A-19B.4. The townhomes are designed so that
their primary facades face the private street and have direct pedestrian access from the sidewalk
along the private street.Landscaping(lawn,groundcover, shrubs and trees)should be provided
between building facades and adjacent walkways.
Page 7
• Pitched Roofs: A mix of flat and pitched roofs are anticipated in the Ten Mile area based on a wide
variety of individual buildings. Pitched roofs should be,where possible, symmetrical hips or gables,
with a pitch between 4:12 and 12:12 with an overhang of at least 12 inches and a maximum of 2.5'.
Roof brackets and rafter tail treatments are encouraged.
A mix of symmetrical gable and hip style roofs are proposed. The conceptual elevations do not
depict the pitch of the roofs or dimensions of the overhangs;all roof pitches should fall within the
desired range.No roof brackets, rafter tail treatments or other similar architectural design
elements are proposed but should be considered Compliance with the design standards in the
Architectural Standards Manual is required.
• 3-47.Public Art: Public art should be incorporated into the design of streetscapes,public buildings,
parks,transit,infrastructure,and other public projects in the Ten Mile area. Public art should be
meaningful and encourage the free flow of ideas and cultural ideologies. Public art should be
integrated into either the architectural design or the design of plazas and public spaces associated
with a building and should be easily visible to the public (e.g. visible from the street or publicly
accessible open spaces rather than interior courtyards).
Public art is not proposed but should be provided in accord with this guideline in a prominent
location that provides an identity for the development.Details should be submitted prior to the
City Council hearing on what type of public art is proposed and the location of such. The
provision ofpublic art would also qualify as another amenity.
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 single-family detached and attached/duplex and townhouse style dwellings will
contribute to the variety of housing types and rental options available within the City.
• "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 service is available and can be extended by the developer with development in
accord with UDC 11-3A-21.
• "Avoid the concentration of any one housing type or lot size in any geographical area; provide for
diverse housing types throughout the City." (2.01.01G)
This overall area contains a variety of housing types, including single-family attached and detached
homes, townhomes and apartments for sale and rent, which contributes to the diversity in housing
types and options available within the City.
• "Require all new development to create a site design compatible with surrounding uses through
buffering, screening,transitional densities,and other best site design practices." (3.07.01A)
Proposed structures are oriented to front on adjacent collector and arterial streets (Aviator&
Franklin)as desired.A minimum 5-foot wide landscape buffer should be provided around the
perimeter of the development in areas adjacent to vehicular use areas.A 100 foot wide strip of
land owned by NMID exists along the eastern boundary of the site where the Purdam Gulch Drain is
located, which will provide a spatial separation and buffer between the proposed townhome style
units and single-family detached and attached units approved to develop in Alamar Subdivision to
Page 8
the east.A 20 foot wide landscape buffer exists along the shared property line on the school site to
the west, which provides screening and buffering between land uses.
• "Encourage compatible uses and site design to minimize conflicts and maximize use of land."
(3.07.00)
The proposed residential use and site design should be generally compatible with adjacent
residential uses, the school and landscaping business.
• "Support infill development that does not negatively impact the abutting,existing development.
Infill projects in downtown should develop at higher densities,irrespective of existing
development." (2.02.02C)
The proposed infill development shouldn't negatively impact adjacent existing properties as similar
uses and densities exist and/or are planned 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 with development of the
subdivision;services are required to be provided to and though this development in accord with
current City plans.
• "Require pedestrian access in all new development to link subdivisions together and promote
neighborhood connectivity." (2.02.011))
There are no multi-use pathways designated on the Pathways Master Plan for this site, nor are any
pathways stubbed to this property other than the sidewalk along Aviator Street. There are no
neighborhoods abutting this site.Internal pedestrian pathways provide access to the sidewalk along
Aviator St.
• "Require urban infrastructure be provided for all new developments,including curb and gutter,
sidewalks,water and sewer utilities."(3.03.03G)
Urban sewer and water infrastructure and curb,gutter and sidewalks are required to be provided
with development of the subdivision.
• "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels
within the City over parcels on the fringe."(2.02.02)
Development of the subject infill parcel will maximize public services.
VI. STAFF ANALYSIS
A. DEVELOPMENT AGREEMENT MODIFICATION(MDA):
The Applicant proposes a modification to the existing Development Agreement(DA) (Inst. 92020-
117678)to remove the property at 4540 W.Franklin Road from the agreement for the purpose of
including it in the proposed multi-family development and associated DA.
There is a conceptual development plan included in the DA that depicts a parking lot and a sports field
for the adjacent charter school to the west that previously owned this property(see Section VIILA). That
plan is proposed to be replaced with the multi-family development plan proposed with the conditional
use permit included in Section VIILD. Since the time the DA was approved,a property boundary
adjustment was approved(A-2020-0164,ROS 412525 -Parcel B)which broke this portion off into its
own parcel.
Page 9
With the concurrent annexation request for the adjacent parcels to the east,Staff recommends a
new DA as a provision of annexation.As a provision of the new DA, Staff recommends the
property located at 4540 W.Franklin Rd.no longer be subject to the terms of DA Inst.#2020-
117678(Compass Public Charter School East Expansion H-2020-0042) and be subject to the terms
of the new DA.
A legal description and exhibit map are included in Section VIILH for the overall boundary of the
property subject to the new DA,which includes the subject parcel at 4540 W. Franklin Rd. and the
property proposed to be annexed.
B. ANNEXATION(AZ):
The Applicant requests annexation of two parcels of land(i.e.Parcels 9S1210336450& 51210336521)
consisting of 10.29-acres with an R-15 (medium high-density residential)zoning district.The parcels are
currently zoned RUT in Ada County. As discussed above in Section V,the proposal is generally
consistent with the guidelines for development in the TMISAP except for certain design elements as
noted.
A preliminary plat, site plan and conceptual building elevations were submitted,included in Section
VIII, showing how the property is proposed to be subdivided into one (1)building lot and one (1)
common lot for the development of 122 multi-family residential units.
The proposed residential use,mix of housing types and density of the development is consistent with the
MHDR FLUM designation. The design partially incorporates traditional neighborhood design elements
but not entirely as noted above in Section V.
The proposed R-15 zoning and multi-family development with single-family detached&attached and
townhome style units is compatible with adjacent future single-family detached and attached homes to
the east in Alamar Subdivision,zoned TN-R; single-family attached homes and apartments to the
northeast in Newkirk Subdivision,zoned R-15; and to future single-family attached homes approved in
Aviator Subdivision to the north. This property is an enclave surrounded by City annexed land to the
north,west and east.
A legal description and exhibit map for the boundary of the property proposed to be annexed is included
in Section VIILB. This property is within the City's Area of City Impact boundary.
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 guidelines for
development in the TMISAP and with the development plan proposed, Staff recommends a DA is
required with the provisions discussed herein and included in Section IX.A.
C. PRELIMINARY PLAT(PP):
A preliminary plat is proposed consisting of one (1)building lot and one (1) other lot on 11.47 acres of
land in the R-15 zoning district(see Section VIILC).
Existing Structures/Site Improvements: There are two (2)existing homes and several outbuildings on
the property that are proposed to be removed with development. Prior to the City Engineer's signature
on the final plat, all existing structures that do not conform to the setbacks of the district are
required to be removed.A detached sidewalk exists along W. Franklin Rd. on the western portion of
the site that transitions to an attached sidewalk on the eastern portion of the site.
Page 10
Dimensional Standards: The proposed plat and subsequent development is required to comply with the
dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district.
Access: Access is proposed via the extension of W. Aviator St.,a collector street,which is planned to
cross the northwest corner of the site and extend to the northeast through Aviator and Newkirk
Subdivisions. If Aviator St.hasn't been constructed with Aviator Subdivision,ACHD is requiring
the on-site and an off-site portion to be constructed with this subdivision.The street shall be
designed consistent with Street Section C (major collector street)in the Ten Mile Interchange
Specific Area Plan,unless an alternative street section is approved by ACHD(see pgs.3-20,3-22
and 3-23).
Another access (N.Moshova Ave.)is proposed at the southwest corner of the site via W.Franklin
Rd., an arterial street.ACHD is requiring this access to be a drive aisle or private street rather
than a public street as proposed because there is no public benefit to a public street in this
location.The access drive should be located along the west property line so that the adjacent
property at 4610 W.Franklin Rd.has access to the driveway and a cross-access/ingress-egress
easement should be required granting access to that property.The UDC (11-3F-4A.2)prohibits
private streets from connecting to an arterial street unless otherwise approved through alternative
compliance as set forth in UDC 11-5B-5.Therefore,the access should be constructed as a drive
aisle.
Private streets are proposed for internal access within the development and are required to comply with
the standards listed in UDC 11-3F-4. The Director approved the private streets with the condition
they're constructed on a lot in the subdivision rather than an easement since the property is being
subdivided in accord with UDC 11-3F-4A.1; the plat should be revised accordingly.Where the
private street connects to a public street(i.e.W.Aviator St.),the connection shall be approved by
ACHD.The private streets should be constructed in accord with the standards listed in UDC 11-
3F-4B.2.
A common/shared driveway exhibit was submitted for the access driveway to the townhome style
units at the southeast corner of the site as shown in Section VIII.C.Because common driveways
aren't allowed off of a private street and this driveway meets the standards for a private street,it
should be constructed as a private street.
No stub streets are proposed or recommended to adjacent properties as the property to the east where the
Purdam Gulch Drain is located is owned by NMID and a crossing isn't needed in that area; and the
northern portion of the property to the west is a school. The access proposed via Franklin Rd. will be
located along the west property line so that the property to the west(currently a landscape business)has
access via the drive aisle.
Landscaping(UDC 11-3B): A 25-foot wide street buffer with an 8-foot wide parkway and a 5-foot
wide detached sidewalk is required to be provided along W. Franklin Rd.,an arterial street,per UDC
Table 11-2A-7,landscaped per the updated standards listed in UDC 11-3B-7C. On the eastern portion of
the site where the sidewalk is attached, Staff doesn't recommend it's removed and replaced with a
detached sidewalk as it's fairly new.
A 20-foot wide street buffer with an 8-foot wide parkway planted with Class II trees and a 6-foot wide
detached sidewalk is required to be provided along W.Aviator St.,a collector street,per UDC Table I I-
2A-7 and Street Section C in the TMISAP,landscaped per the updated standards listed in UDC 11-3B-
7C.
All common open space areas are required to be landscaped with one deciduous shade tree for every
5,000 square feet of area and include a variety of trees,shrubs,lawn or other vegetative groundcover per
UDC 11-3G-5B.3. Shrubs should be added to common open space areas and the calculations table
on the landscape plan(Sheet L5) should be updated to demonstrate compliance with this standard.
Page 11
There are several existing trees on this site that will be removed with development as depicted on the
landscape plan. Mitigation is required to be provided per the standards listed in UDC 11-3B-10C.S;
calculations demonstrating compliance should be included on the landscape plan submitted with
the Certificate of Zoning Compliance and/or final plat application.
Landscaping is required along all pathways per the standards listed in UDC 11-3B-12C.
Common Open Space(UDC 11-3G-3): Because this is a multi-family development,the open space
standards in UDC 11-3G-3 do not apply; however,the open space standards listed in UDC 11-4-3-27C
for multi-family development do apply(see analysis below in the CUP section).
Site Amenities(UDC 11-3G4): Because this is a multi-family development,the site amenity standards
in UDC 11-3G-4 do not apply;however,the site amenity standards listed in UDC 11-4-3-27D for multi-
family development do apply(see analysis below in the CUP section).
Sidewalks (11-3A-17): A detached sidewalk exists along the western portion of the site along W.
Franklin Rd. that transitions to an attached sidewalk on the eastern portion of the site. The UDC (11-3A-
17)requires minimum 5-foot wide detached sidewalks along collector and arterial streets.Because this is
a fairly new sidewalk, Staff doesn't recommend it's removed and replaced with a detached sidewalk.
Staff recommends a 6-foot wide sidewalk is constructed along the collector street at the northern
boundary of the site in accord with Street Section C in the TMISAP.No sidewalk is required along
internal private streets. Staff does recommend a sidewalk is constructed along the entry drive aisle
via Franklin Rd.for pedestrian connectivity and safety.
Fencing(11-3A-7): Fencing is required to comply with the standards listed in UDC 11-3A-7.A fencing
plan was submitted,included in Section VIII.E,that depicts 6-foot tall solid vinyl privacy fencing along
much of the perimeter of the site.A 6-foot tall black iron open vision fencing is proposed around the
swimming pool. A 4-foot tall solid vinyl fence with a 2-foot open vertical slat top is proposed in certain
locations as depicted on the plan.
Lighting(UDC 11-2D-6 : All lighting installed on the site should comply with the standards set forth
in UDC 11-3A-11 and with the guidelines in the TMISAP.
Waterways: The Purdam Gulch Drain lies along the east boundary of the site within a 100-foot wide
easement on land owned by Nampa&Meridian Irrigation District. Where the drain shifts to the
northwest at the northeast corner of the site,the easement encroaches on this site as depicted on the plat.
A 6-foot tall closed vision vinyl fence is proposed within the easement area. Per NMID's comments in
Section IX.F,no structures shall encroach within the easement area without a signed License
Agreement and approved plan before construction.
The UDC (11-3A-6C.3)requires an open vision fence at least 6-feet in height and having an It-
gauge,2-inch mesh or other construction, equivalent in ability to deter access if the drain isn't
improved as a water amenity or linear open space.Therefore, Staff recommends the fencing type
is changed to 6-foot tall black iron open vision fence along the east boundary of the site and across
the northeast corner of the site at the easement line if an encroachment agreement isn't obtained
from NMID for the proposed fence.
Utilities(UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC
11-3A-21. Street lighting is required to be installed in accord with the City's adopted standards,
specifications and ordinances.
Pressurized Irrigation System (UDC 11-3A-15): Underground pressurized irrigation water is required
to be provided to each lot within the subdivision as set forth in UDC 11-3A-15.
Storm Drainage(UDC 11-3A-18):An adequate storm drainage system is required in all developments
in accord with the City's adopted standards, specifications and ordinances. Design and construction shall
Page 12
follow best management practice as adopted by the City as set forth in UDC 11-3A-18. A geotechnical
report was submitted with this subdivision.
D. CONDITIONAL USE PERMIT
A conditional use permit is proposed for a multi-family development consisting of 122 dwelling units on
11.47 acres of land in the R-15 zoning district. A mix of housing types are proposed including(18)2-
bedroom single-family detached style homes,(6) 3-bedroom single-family detached style homes,(56) 1-
bedroom single-family attached/duplex style units,and(42)townhome style units with(28)2-bedroom
units and(14) 3-bedroom units. All units will be for rent and are located on one lot rather than individual
lots,which constitutes a multi-family development.
A multi-family development is listed as conditional use in the R-15 zoning district per UDC Table H-
2A-2 and is subject to the specific use standards listed in UDC 11-4-3-27:Multi-Family Development as
follows:
"B. 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
multi family structures appear to comply with the minimum setbacks required for the R-15
zoning district listed in UDC Table 11-2A-7 if the street buffer along the collector street(W.
Aviator St.) is placed in an easement rather than a common lot.Also, comply with building code
requirements for separation between structures within the development.
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 four(4) trash enclosures
within the site that are screened and not visible from a public street; all proposed
transformer/utility vaults and other service areas shall comply with this requirement. The
trash enclosure should accommodate recycling.
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
open space exhibit, included in Section V111.F, demonstrates compliance with this standard. The
landscape plan depicts enclosed yards for the single-family style units.
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
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 proposed parking meets and exceeds UDC standards per the analysis
below.
Based on (56) 1-bedroom units, (46)2-bedroom units and(20) 3-bedroom units, a minimum of
248 off-street parking spaces are required, including(12)spaces for guest parking, with 122 of
Page 13
those in a covered carport or garage.A total of 260 spaces are proposed with 165 of those being
covered(i.e. 84 in-unit garages, 23 in separate garages and 58 covered carport spaces)and 95
surface spaces, which exceeds the minimum standard by 12 spaces.Accessible parking is
required in accord with ADA standards.
Based on 260 vehicle parking spaces, a minimum of 10 bicycle parking spaces are required to
be provided in accord with the standards listed in UDC 11-3C-5C.A total of 30 bicycle spaces
are proposed in accord with and exceeding this standard.
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 narrative states these items have been incorporated into the design; 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(UDC 11-4-3-27C):
The total baseline land area of all qualified common open space shall equal or exceed ten(10)
percent of the gross land area for multi-family developments of five (5)acres or more.Based on
11.47 acres of land in the development, a minimum of 1.15 acres of common open space that meets
the qualifications listed in UDC 11-4-3-27C.2 is required.
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.None of the units are below 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. 41zrc1 122
102 units are between 500 and 1,200 s f.; therefore, a total of 30,500 25,500 s f. (or �9
0.59-acre)of common open space is required that meets the standards in UDC 11-4-3-27C.
c. Three hundred fifty(350) square feet for each unit containing more than one thousand two
hundred(1,200) square feet of living area.Nene 20 of the units are over 1,200 s.f of living
area: therefore, a total of 7,000 s.f. (or 0.16 acre) of common open space is required that
meets the standards in UDC 11-4-3-27C.
Per the above standards, a minimum of 44J 1.9 acres of common open space is required overall.
The revised common open space exhibit included in Section VIII.F depicts a total of24. 2.15 acres
of common open space, not including parkways which don't meet the minimum width requirement
of 20 feet, which exceeds the minimum standard by 0.25-acre; hejsv.,.,,,. it in-p,•a.,S Gu-eGS AW
A
Page 14
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').
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.
Unless otherwise approved through the conditional use process,common open space areas shall not
be adjacent to collector or arterial street buffers 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,ef£retroactive to 2-4-2009)Some of the common open
space is located adjacent to a collector street(Aviator St.)and an arterial(Franklin Rd.)street
The Applicant shall provide a berm or constructed barrier as noted unless otherwise approved
through the CUP process.
requesting aff reval as Ay
thf;H� the A 4-foot tall berm is depicted on the landscape plan. Staff recommends a break
in the berm is provided and the pedestrian pathway is extended to the sidewalk alont,Franklin Rd
in the central common area between the 1-and 2-bedroom units.
D. Site Development Amenities:
All multi-family developments shall provide for quality of life,open space,and recreation amenities
to meet the particular needs of the residents as noted in UDC 11-4-3-27D. The number of amenities
shall depend on the size of the multi-family development based on the number of units.
For multi-family developments with 75 units or more,such as this,four(4)amenities shall be
provided with at least one (1) from each category.For multi-family developments with more than
100 units,the decision-making body shall require additional amenities commensurate to the size of
the proposed development.Based on 122 units, Staff recommends a minimum of five (5)amenities
are provided with at least one (])from each category.
The following amenities are proposed from each of the following categories: 1)Quality of Life—
clubhouse,dog park(a waste station is required); Open Space—community garden; Recreation—
swimming pool,internal walking trails,children's play structure; and,Multi-Modal—charging
stations for electric vehicle.The proposed amenities meet and exceed UDC standards.
E. Landscaping Requirements: Development shall meet the minimum landscaping requirements in
accord with chapter 3, "Regulations Applying to All Districts",of this title.Additionally,all street
facing elevations shall have landscaping along their foundation that complies with the standards
listed in UDC 11-4-3-27E.2. The landscape plan submitted with the Certificate of Zoning
Compliance application should depict landscaping along the street facing elevations of all
buildings along W. Franklin Rd. and W.Aviator St. in accord with these standards.Landscaping
is required to be provided along all pathways per the standards listed in UDC 11-311-12C. Street
buffer landscaping along W Aviator St., a collector street, and W Franklin Rd., an arterial street, is
required to be installed with the subdivision improvements.
Depict a minimum 5-foot wide buffer around the perimeter of the development in areas
adjacent to vehicular use areas with landscaping as set forth in UDC 11-313-8C.1.
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;a copy of such shall be
Page 15
submitted to the Planning Division prior to issuance of the first Certificate of Occupancy within
the development
Pathways(UDC 11-3A-8 : The Pathways Master Plan does not depict a multi-use pathway on this site.
No pathways are proposed except for sidewalks required along streets within the development and
internal pedestrian pathways.All pathways should be constructed in accord with the standards listed in
UDC 11-3A-8. For better pedestrian connectivity, Staff recommends the north/south pathways next
to the linear open space at the west boundary of the site between Mount ElbeFt W. Ski Jump Ln.
&PyFa-mid W.Fresh Powder Lane are connected; and a walkway is added on the south side of W.
Fresh Powder Ln. on the north side of the common area where the clubhouse& swimming pool is
located. Staff further recommends pedestrian crossings across private streets are distinguished
through the use of pavers, colored or scored concrete, or bricks as set forth in UDC 11-3A-19B.4b.
Building Elevations: Conceptual building elevations were submitted for the proposed structures within
the development as shown in Section VIILG. Building materials appear to consist of a stucco-like
material with wood look lap siding and stone accents with asphalt shingle roofs.
Design Review:A design review application(s)is required to be submitted for all structures within the
development. Final design of all structures should comply with the multi-family design standards
listed in the Architectural Standards Manual(ASM) and the traditional neighborhood design
guidelines in the Ten Mile Interchange Specific Area Plan(TMISAP)for the MHDR FLUM
designation(see the Application of Design Elements table on pg.3-49)—the proposed conceptual
elevations are not approved.
Certificate of Zoning Compliance(CZC): A CZC application is required to be submitted for the multi-
family development; compliance with the specific use standards listed in UDC 11-4-3-27 is required.
VIL DECISION
A. Staff:
Staff recommends approval of the proposed Development Agreement Modification,Annexation with the
requirement of a Development Agreement,Preliminary Plat and Conditional Use Permit per the
provisions in Section IX,in accord with the Findings in Section X. The Director has approved the
proposed private streets within the development per the provisions in Section IX,in accord with the
Findings in Section X.
B. The Meridian Planning&Zoning Commission heard these items on April 6,2023.At the public
hearing,the Commission moved to recommend approval of the subject AZ, CUP and PP
requests.
1. Summary of Commission public hearing
a. In favor: Elizabeth Koeckeritz,Givens Pursley, David Bailey, Bailey Engineering
(Engineer)
b. In opposition: None
C. Commenting. None
d. Written testimony: Shannon Ely,Baron Properties (Applicant)
e. Staff presenting application: Sonya Allen
f. Other Staff commenting on application: Bill Parsons
2. Key issue(s)of public testimony
a. The Applicant requests the proposed private streets are allowed to be in an easement
rather than a common lot due to the nature of the project and the civil complexities
associated with it and concerns pertaining to spacing&easements(condition#A.2.1c),
the private street names are updated in condition#A.3.6m to reflect the new names, and
condition#B.2.9 ("Street signs are to be in place, sanitary sewer and water system
Page 16
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.") is deleted in its entire1yand replaced with the following condition,
which is consistent with their arrangements with other Modern Craftsman projects:
"Prior to Vertical permit acceptance/receipt, street signs are to be in place, sanitary
sewer may be installed/inspected in part or in whole (but not required as activated or
full
y approved as not necessary_ or site sa fty), and water systems activated and
approved as related to hydrant locations, road base installed and approved for use and
capacity of 80,000 lb. vehicle,prior to payment or receipt of vertical building ermits.
Vertical building permit plan sets may be submitted and reviewed/approved prior to
horizontal acceptance of above listed requirements. However, approved plan sets may
not be paid for or collected until horizontal acceptance. This stipulation does not
pertain to garage buildings or vertical structures located within the driveways, drive
isles, or site roads to be constructed. Garage buildings or vertical structures located
within the driveways, drive isles or site roads are allowed to proceed with plan
submittals, reviews and approvals along with permit payment and receipt, and can be
constructed concurrent with completion of horizontal requirements for the site, and be
permitted prior to horizontal acceptance to minimize access impact in regard to the
emergency access of the site."
3. Ke, ids)of discussion by Commission:
a. Discussion pertainingto o the private street being in an easement as requested by the
Applicant,rather than a common lot as preferred by the UDC—preference to uphold the
Director's decision if a request for City Council review of the Director's decision is
submitted.
b. Not in favor of approving an alternative compliance request that would provide more
private open space in lieu of the required common open space. Would prefer the
Applicant make more of an effort to comply with the minimum UDC standards for
common open space without degrading the quality of the development.
4. Commission change(s)to Staff recommendation,
a. At Staffs request,a condition was added for a sidewalk to be provided along the south
side of W. Fresh Powder Ln. on the north side of the common area where the
community center is located for pedestrian connectivity and safety(A.3.6o).
b. At the Applicant's request,update the street names referenced ' condition 9A.3.6m per
the updated plans.
C. At the Applicant's request,modify condition#B.2.9 per the language proposed by the
Applicant and agreed pon b, Staff.
5. Outstandingissue(s) for City Council:
a. None
C. The Meridian City Council heard these items on May 9. 2023.At the public hearing_ the Council
moved to approve the subject AZ_CUP_MDA and PP requests.
1. Summary of the City Council public hearing:
a. In favor: Elizabeth Koeckeritz,Givens Pursley: Matthew Riggs,Applicant
b. In opposition:None
C. Commenting: Susan Luke_Compass Charter School- Kristy Inselman_ACHD
d. Written testimony: Elizabeth Koeckeritz_Givens Pursley(in agreement with the
Commission recommendation)
e. Staff presenting application: Sonya Allen
f. Other Staff commenting on application: Bill Parsons
2. Key issue(s)of public testimony:
Page 17
a. Request for a"no parking"sign to be installed along Aviator while construction is going
on to help with traffic flow and congestion for the adjacent charter school- especially
during arrival and dismissal .
3. Key issue(s)of discussion by City Council:
a. Preference to see revisions to the elevations to more closely comply with the traditional
neighborhood design guidelines_including front porches
b. The plan for public art within the development.
4. City Council change(s)to Commission recommendation.
a. Modify DA provision 91.If to include the specific requirement for front porches to be
provided on units facing the boulevard:
b. Include a requirement for pedestrian connections to be provided across parkways to the
detached sidewalks adjacent to parallel parking spaces along the north/south boulevard
(see condition 43.6p1.
C. Include a requirement for the Applicant to work with Staff and Compass Charter School
on traffic calming or other measures on the private streets to enhance safety(see
condition 93.6g1.
Page 18
VIIL EXHIBITS
A. Conceptual Development Plan Included in Development Agreement(list. 92020-117678 H-2020-0042)
for Property Located at 4540 W.Franklin Rd.
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Page 19
B. Annexation Legal Description and Exhibit Map
Description for
R-15 Zone
Colorado Ridge Subdivision
October 19,2022
A portion of the Southwest 114 of the Southwest 1/4 of Section 10,Township 3•
North, Range 1 West, Boise Meridian,Ada County, Idaho, more particularly described
as follows;
Commencing at the Section corner common to Sections 9, 10, 15 and 16.
T.3N_, R,IVV., B.M. from which the 114 corner common to said Sections 10 and 15,
bears South 89'15'34" East, 2640.54 feet;thence on the south boundary line of said
Section 10 South 89'15'34'East, 909.44 feet to the REAL POINT OF BEGINNING;
thence leaving said south boundary line, North VV'3t'I4" East, 1oFlT.t3#3 feet;
thence South 89'15'5(r East,412.30 feet to the east boundary line of the
Southwest 1/4 of the Southwest 1/4 of said Section 10;
thence on said east boundary fine,South 00'35'35'West, 1087_89 feet to the
West 1116 corner common to said Sections 10 and 15;
thence on the south boundary line of said Section 14, North 89015'34"West,
411.87 feet to the REAL POINT OF BEGINNING_
ContainiN 10.291 acres,more or less.
End of Description.
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Page 20
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SURVEY �"' Colorodo Ride Subdivision 1
GROUP, LLC A portion of the sw1/4 of the sw1/4 or section 1% Dog, Date
T.-W. PLIK, ON, Ada County. Waho, 10/19/202;
Page 21
B. Preliminary Plat(dated: 10/20/22)
PRELIMINARY PLAT FOR 9 $�
COLORADO RIDGH
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C. Common/Shared Access Drive Exhibit—NOT APPROVED AS A COMMONDRIVEWAY(TO BE
APPROVED AS A PRIVATE STREET)
BRED ACCESS DRIVE FOR
COLORADO RIDGE
A PORTION OF 9W 1/1 OF TER 91r 1/4 OF SE(MON 10
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Page 23
D. Site Plan(dated: 10/20/2022)
CONDITIONAL 1-SE SPPE PLAN FOR
COLORADO RIDGE
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E. Landscape Plan&Fencing Plan(dated: 10/18/2022)
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F. Common Open Space Exhibit(dated: I�1''�2-2 4/21/23)REVISED
OPEN SPACE EXHIBIT FOR
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G. Conceptual Building Elevations
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Page 33
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Page 34
1
H. Legal Description for Property Subject to New Development Agreement
Description for
Colorado Ridge Subdivision
April 4, 2023
A parcel of land located in the Southwest 1/4 of the Southwest 1/4 of Section
10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more
particularly described as follows:
Commencing at the Section corner common to Sections 9, 10, 15 and 16,
T.3N., R.1 W., B.M.from which the 1/4 corner of said Sections 10 and 15, bears South
89'15'34" East, 2640.54 feet; thence on the south boundary line of said Section 10
South 89'1534" East,702.06 feet;thence leaving said south boundary line, North
00`36'35" East, 35.88 feet to the REAL POINT OF BEGINNING;
thence continuing North 00'36'35" East. 319.00 feet;
thence South 89'1638" East, 206.24 feet;
thence North 60"35'14" East, 732.97 feet;
thence South w 15'50" East,412.30 feet to the east boundary line of the
Southwest 1/4 of the Southwest 1/4 of said Section 10;
thence on said east Joundsry line, South 00"36'35" West, 1,057.89 feet to the
north right-of-way line of W. Franklin Road;
thence on said north right-of-way line the following three (3) courses and
distances:
North 89'1534"West, 65.31 feet;
North 00'44'26" East. 5.88 feet;
North 89'15'34" West, 552.95 teet to the REAL POINT OF BEGINNING.
Containing 11.472 acres, more or less_
End of Description.
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Page 35
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Line Table
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Job No.
IDAHO Exhibit Map for 22-045
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SURVEY "SE, EHO$37 04 ST. Colorado Ridge Subdivision sheet No.
BASE. E AM
(2a8)848_8570 1
GROUP, LLC A parcel of land located in the SW1/4 of the SW1/4 of DW9. Date
Section 10, TM,, RAW_ B.M.. Ada County, Idoho. 4/4/2023
Page 36
IX. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. Annexation
1.1 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. The southwest portion of the property located at 4540 W. Franklin Rd. (Parcel 4S 1210336405)
shall no longer be subject to the terms of the previous Development Agreement recorded as
Instrument 92020-117678(Compass Public Charter School East Expansion H-2020-0042)and
shall instead be subject to the terms of the subject Development Agreement.
b. Future development of this site shall be generally consistent with the preliminary plat, site plan,
landscape plan,qualified open space exhibit and conceptual building elevations included in
Section VIII and the provisions contained herein.
c. Right-of-way shall be dedicated and/or the collector street(W. Aviator St.) shall be constructed
across and adjacent to the northwest corner of this site on-and off-site as required by ACHD.
The shall be designed consistent with Street Section C(major collector street)in the Ten Mile
Interchange Specific Area Plan(see pgs. 3-20, 3-22 and 3-23).
d. Public art of a high quality of design shall be provided within the development and incorporated
into the design of the streetscape or publicly accessible open space as set forth in the TMISAP
(see pg. 3-47). The art shall be provided in a prominent location and should provide an identity
for the development.
e. A maximum of 122 multi-family units shall be constructed within this development.
f. A Design Review application shall be submitted for all structures within the multi-family
development. Compliance with the design standards listed in the Architectural Standards Manual
and the guidelines in the Ten Mile Interchange Specific Area Plan(TMISAP)is required. The
residential development shall be developed in consideration of traditional neighborhood design
principals and concepts as set forth in the TMISAP for the MHDR Future Land Use Map
designation as specified in the Application of the Design Elements table on pg. 3-49 including
but not limited to: roof pitch and overhang(roof brackets and rafter tail treatments are
encouraged design elements), and front porches for street-facing units on the north/south
boulevard.
g. Pedestrian-scale lighting should be provided on all building facades facing the street and internal
walkways in accord with the TMISAP (pg. 3-34).
h. The space between the building fagade and adjacent walkway should be appropriately
landscaped with a combination of lawns,groundcover,shrubs and trees in accord with the
TMISAP (pg. 3-37).
Page 37
2. Preliminary Plat
2.1 The final plat shall include the following revisions:
a. Depict the extension of the collector stub street(i.e.W.Aviator St.)across the northwest
corner of the site as required by ACHD.
b. A drive aisle access shall be depicted via W. Franklin Rd.,an arterial street,at the southwest
corner of the site along the west property line to ensure the parcel to the west has access to
the drive aisle,as required by ACHD.
c. Depict the internal private streets in a lot within the subdivision per UDC 11-3F-4A.1.
Where the private street connects to a public street(i.e.W. Aviator St.),the connection shall
be approved by ACHD.
d. Depict a minimum 20-foot wide street buffer along W.Aviator St.,a collector street,in a
permanent dedicated buffer easement with an 8-foot wide parkway and a 6-foot wide
detached sidewalk,per UDC Table 11-2A-7 and Street Section C in the TMISAP,unless an
alternative street section is approved by ACHD.
Eke
9' 6'
e rav ne rave ane
Lane 34, Lane
Curd-m-m b distance
2.2 The landscape plan submitted with the final plat shall include the following revisions:
a. Include mitigation calculations on the plan for existing trees that are proposed to be removed
in accord with the standards listed in UDC 11-3B-IOC.5.
b. Depict landscaping within the 20-foot wide street buffer along W. Aviator St. in accord with
the updated standards listed in UDC 11-3B-7C.An 8-foot wide parkway is required along
the collector street planted with Class II trees and a 6-foot wide detached sidewalk as set
forth in the TMISAP (Street Section Q. Include the linear feet of buffer with the number of
required vs. provided trees in the Landscape Calculations table on Sheet L5 that
demonstrates compliance with UDC standards.
c. Depict landscaping within the 25-foot wide street buffer along W.Franklin Rd. in accord
with the updated standards listed in UDC 11-3B-7C.
d. Change the fencing type along the east boundary of the site adjacent to the Purdam Gulch
Drain to 6-foot tall wrought iron in accord with UDC 11-3A-6C.3.Fencing should not
encroach within the easement at the northeast corner of the site without a License
Agreement with NMID.
e. Depict enhanced landscaping and design features in the street buffer along W.Franklin Rd.
that meets the entryway corridor standards in UDC 11-3B-7C.3fin order to count 50%of the
street buffer toward the open space requirement in UDC 11-3G-3A.1.
f. Provide a 4-foot tall berm(or constructed barrier)within the street buffer along W. Franklin
Rd. as proposed in accord with UDC 11-4-3-27C.7. Provide a break in the berm and extend
Page 38
the pedestrian pathway in the central common area between the 1- and 2-bedroom units to
the sidewalk along Franklin Rd.
2.3 The proposed plat and subsequent development is required to comply with the dimensional
standards listed in UDC Table 11-2A-7 for the R-15 zoning district.
2.4 No structures shall encroach within the Nampa&Meridian Irrigation District's easement for the
Purdam Gulch Drain that crosses the northeast corner of the site without a signed License
Agreement and approved plan before construction.
2.5 A cross-access/ingress-egress easement shall be granted to the property to the west at 4610 W.
Franklin Rd. (Parcel 4S1210336377) for access to the drive aisle via W.Franklin Rd. located
along the west property line.
2.6 Prior to the City Engineer's signature on the final plat, all existing structures that do not conform
to the setbacks of the district shall be removed.
2.7 Approval of a preliminary 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.
Upon written request and filing by the applicant prior to the termination of the period in accord
with subsections(A)and(B)of UDC 11-6B-7,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
this title.
3. Conditional Use Permit
3.1 The multi-family development shall have an ongoing obligation to comply with the specific use
standards listed in UDC 11-4-3-27.
3.2 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.
3.3 Comply with building code requirements for separation between structures within the
development.
3.4 Site amenities shall be provided as proposed from each of the following categories: 1)Quality of
Life—clubhouse,dog park(a waste station is required); Open Space—community garden;
Recreation—swimming pool,internal walking trails,children's play structure; and,Multi-Modal
—charging stations for electric vehicles,in accord with UDC 11-4-3-27D. Other comparable
amenities may be considered by the Director.
3.5 The trash enclosures shall accommodate recycling.
3.6 The site and/or landscape plan submitted with the Certificate of Zoning Compliance shall be
revised as follows:
a. Remove the street sections for N.Moshova Ave. and depict a drive aisle instead of a public
street on the plan.The drive aisle shall be located along the west property to ensure the
parcel to the west can utilize the access. Depict a sidewalk along the drive aisle for
pedestrian connectivity and safety.
Page 39
b. Change the fencing type along the east boundary of the site adjacent to the Purdam Gulch
Drain to 6-foot tall black iron open vision fencing in accord with UDC 11-3A-6C.3 to deter
access to the lateral. If the fence is placed within the easement area,a License Agreement
shall be required with NMID.
c. 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.
d. Depict landscaping along the foundation of all street facing elevations adjacent to W.
Aviator St. and W. Franklin Rd.,as set forth in UDC 11-4-3-27E.2.
e. Depict landscaping along all pathways in accord with the standards listed in UDC 11-3B-
12C.
f. Include mitigation calculations for trees removed from the site as set forth in UDC 11-3B-
IOC.5,
g. Depict landscaping within common open space areas as set forth in UDC 11-3G-5B.3;
include calculations in the Landscape Calculations table that demonstrate compliance with
the updated standards.
h. The drive aisle via W. Franklin Rd. shall be located along the west property line in order to
provide a shared access to the property to the west(Parcel 4S1210336377).
i. Depict a minimum 5-foot wide buffer around the perimeter of the development in areas
adjacent to vehicular use areas with landscaping as set forth in UDC 11-313-8C.1.
J. 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 as set forth in UDC 11-4-3-27B.7.
k. Depict a berm or constructed barrier at least 4-feet in height,with breaks in the berm or
barrier to allow for pedestrian access along W. Aviator St. and W. Franklin Rd.,as set forth
in UDC 11-4-3-27C.7,unless otherwise approved through the conditional use process.
1. Depict a waste station in the dog park as required by UDC 11-4-3-27D.1 a.
in. Connect the north/south pathways on the east side of the linear open space at the west
boundary of the site between Metm4 Elbe W. Ski Jump Ln. &PyFawii W.Fresh Powder
Lane.
n. Distinguish pedestrian crossings across private streets through the use of pavers,colored or
scored concrete,or bricks as set forth in UDC 11-3A-19B.4b.
o. Depict a sidewalk along the south side of W.Fresh Powder Ln. on the north side of the
common area where the community center is located.
p. Depict pedestrian connections across parkways to the detached sidewalks adjacent to
parallel parking spaces along the north/south boulevard as discussed at the City Council
heaping.
=q= Depict traffic calming or other measures on the private streets to enhance safety as discussed
at the City Council hearing(work with the Compass Charter School and Staffl.
3.7 All internal private streets shall be constructed in accord with the standards listed in UDC 11-3F-
4B.2. The Applicant or owner shall have one (1)year to complete
Page 40
3.8 All pathways shall be constructed in accord with the standards set forth in UDC 11-3A-8.
3.9 A minimum of 45 2.15 acres of common open space is required,as proposed,that complies with
the standards for qualified open space listed in UDC 11-4-3-27C.
3.10 A minimum of 260 off-street parking spaces shall be provided for the multi-family development
with a minimum of 165 of those spaces in a covered carport or garage as proposed on the site plan,
in accord with UDC Table 11-3C-6.
3.11 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 structure shall comply with the design guidelines in the Ten Mile Interchange Specific
Area Plan, the standards listed in UDC 11-3A-19 and the design standards listed in the
Architectural Standards Manual.
3.12 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
1. Site Specific Conditions of Approval
1.1 Since the 6-plex's to the east and west will not be individually owned lots,have a single meter
come off of W Chair lift for each individual building instead of extending a water main down the
common driveway.
1.2 Water services up to the meter are the responsibility of the City and require a 20'easement up to
the meter and 10'beyond.
1.3 Water main needs to be on the north side of the private drives and a minimum of 25'from all
infiltration structures unless an alternative protection per DEQ is provided.
1.4 Water main pipe sizes were not provided in the plans. Water was modeled with all mains being
8"
1.5 Any unused sewer stubs must be abandoned per City requirements
1.6 All manholes must have a 14ft wide graveled/paved access path per City requirements.
1.7 Infiltration trenches and other permanent structures (trees,bushes,buildings,carports,trash
receptacle walls,fences,light poles,etc.)cannot be built within City water/sewer easement.
1.8 Remove SSMH 4, 5,B13,and B14 to reduce number of unnecessary manholes.
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.
Page 41
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.
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 F 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(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.
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 ,
shall be weer-de prior-to applying f F btii ding permits.Prior to vertical permit
acceptance/receipt, street signs are to be in place, sanitary sewer may be installed/inspected in
part or in whole(but not required as activated or fully approved as not necessary for site safety),
and water systems activated and approved as related to hydrant locations,road base installed and
approved for use and capacity of 80,000 lb. vehicle,prior to payment or receipt of vertical
building permits. Vertical building permit plan sets may be submitted and reviewed/approved
prior to horizontal acceptance of above listed requirements.However,approved plan sets in
not be paid for or collected until horizontal acceptance. This stipulation does not pertain to
garage buildings or vertical structures located within the driveways,drive isles,or site roads to
be constructed. Garage buildings or vertical structures located within the driveways,drive isles
Page 42
or site roads are allowed to proceed with plan submittals,reviews and approvals along with
permit payment and receipt,and can be constructed concurrent with completion of horizontal
requirements for the site,and be permitted prior to horizontal acceptance to minimize access
impact in regard to the emergency access of the site.
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.
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 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.
2.17 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.
2.18 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.
2.19 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.
2.20 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.men'diancity.org/public_works.aspx?id=272.
2.21 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.
2.22 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
Page 43
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
https://weblink.meridiancity.or lWebLink/DocView.aspx?id 288044&dbid 0&repo Meridian City&cr
1
D. POLICE DEPARTMENT
https://weblink.meridiancity.orgi ebLink/Doc View.aspx?id 288041&dbid 0&repo Meridian0
E. PARK'S DEPARTMENT
No comments were submitted.
F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
https://weblink.meridianciU.orgi ebLink/DocView.g x?id 28941I&dbid O&repo MeridianCitX
G. IDAHO TRANSPORTATION DEPARTMENT(ITD)
https://weblink.meridianciU.org/WebLinkIDocView.Wx?id 290809&dbid O&repo MeridianCitX
H. WEST ADA SCHOOL DISTRICT(WASD)
https://weblink.meridianciU.orgi ebLink/Doc View.aspxTid 291870&dbid 0&repo Meridian0
I. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https://weblink.meridianciU.org! ebLink/Doc View.aspx?id 292086&dbid 0&repo Meridian0
J. ADA COUNTY DEVELOPMENT SERVICES
https://weblink.meridiancity.orgj ebLink/Doc View.aspx?id 289772&dbid 0&repo MeridianQ
K. DEPARTMENT OF ENVIRONMENT QUALITY(DEQ)
https://weblink.meridianciU.org/WebLink/DocView.aspx?id 288836&dbid 0&repo Meridian City&cr
1
L. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS)
https:11weblink.meridiancioy orgi ebLink/DocView.aspx?id 290682&dbid 0&repo MeridianQ
X. 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:
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1. The map amendment complies with the applicable provisions of the comprehensive plan;
The City Council finds the Applicant's request to annex the subject property with R-15 zoning for a
multi family development complies with the applicable provisions of the Comprehensive Plan.
Further, the density and mix of residential housing types is consistent with the land uses and density
desired in MHDR designated areas in the TMISAP.
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 to R-15 and development generally complies
with the purpose statement of the Residential Districts in that it will provide for a range of housing
opportunities consistent 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 map amendment should not be detrimental to the public health,
safety and welfare as the proposed residential use should be compatible with adjacent residential
and school uses in the area.
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 City services are available to be provided to this development. WASD has
provided comments on the application that are included above in Section IX.H.
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(UDC 11-613-6)
In consideration of a preliminary plat,combined preliminary and final plat,or short plat,the decision-
making body shall make the following findings: (Ord. 05-1170, 8-30-2005,eff. 9-15-2005)
1. The plat is in conformance with the comprehensive plan and is consistent with this unified
development code; (Ord. 08-1372, 7-8-2008,eff. 7-8-2008)
The City Council finds the proposed plat is in general conformance with the UDC and the
Comprehensive Plan.
2. Public services are available or can be made available and are adequate to accommodate the
proposed development;
The City Council finds public services can be made available to the subject property and will be
adequate to accommodate the proposed development.
3. The plat is in conformance with scheduled public improvements in accord with the city's capital
improvement program;
The City Council finds the plat is in conformance with scheduled public improvements for this area
in accord with the City s CIP.
4. There is public financial capability of supporting services for the proposed development;
The City Council finds there is public financial capability of supporting services for the proposed
development.
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5. The development will not be detrimental to the public health, safety or general welfare; and
The City Council finds the proposed development will not be detrimental to the public health, safety
or general welfare.
6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30-2005,
eff. 9-15-2005)
The City Council is unaware of any significant natural, scenic or historic features that need to
be preserved with this development.
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-15 zoning 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.
The City Council finds that the proposed use as a multi family development is consistent with the
future land use map designation of MHDR and is allowed as a conditional use in the R-15 district
per UDC Table 11-2A-2.
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 and existing in 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.
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;see comments in Section IX.Hfrom WASD.
D. Private Street(UDC 11-3F-5)
In order to approve the application,the Director shall find the following:
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1. The design of the private street meets the requirements of this Article;
The Director finds the proposed design of the private streets complies with the standards listed in
UDC 11-3F-4. See analysis in Section VI.C for more information.
2. Granting approval of the private street would not cause damage hazard,or nuisance,or other
detriment to persons,property,or uses in the vicinity;
The Director finds granting approval of the proposed private streets will not cause damage hazard,
or nuisance, other detriment to persons,property or uses in the vicinity.
3. The use and location of the private street shall not conflict with the comprehensive plan and/or the
regional transportation plan; and,
The Director finds the use and location of the proposed private streets does not conflict with the
regional transportation plan. While private streets do not provide connectivity with adjacent
neighborhoods, which is desired in the Comprehensive Plan, the properties to the east and west are
already developed/entitled with no connectivity to this site.
4. The proposed residential development(if applicable)is a mew or gated development.
This finding is not applicable as it's a multi family development and is not a mew or gated
development.
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