PZ - Staff Report 7-6
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HEARING
DATE:
July 6, 2023
TO: Planning & Zoning Commission
FROM: Sonya Allen, Associate Planner
208-884-5533
SUBJECT: Driftwood Subdivision – CUP, PFP
H-2023-0021
LOCATION: 870 W. Ustick Rd., at the NWC corner of
W. Ustick Road and N. Venable Avenue,
in the SW 1/4 of Section 36, T.4., R.1W.
I. PROJECT DESCRIPTION
Conditional Use Permit (CUP) for a multi-family development consisting of 57 dwelling units on 4.81 acres
of land in the C-C zoning district; and a combined preliminary/final plat (PFP) consisting of one (1)
residential building lot, (2) commercial building lots and (1) other lot, on 9.01 acres of land in the C-C
zoning district.
II. SUMMARY OF REPORT
A. Project Summary
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
Description Details
Acreage 4.81 acres
Future Land Use Designation Mixed Use - Community (MU-C)
Existing Land Use Vacant/undeveloped
Proposed Land Use(s) Multi-family residential & commercial
Current Zoning C-C (Community Business District)
Proposed Zoning NA
Lots (# and type; bldg/common) 3 building (1 residential & 2 commercial)/1 common/other lot
Phasing plan (# of phases) 1
Number of Residential Units (type
of units)
57 multi-family (townhome style) units
Density (gross & net) 12 units/acre (gross)
Open Space (acres, total [%] /
buffer / qualified)
0.46-acre (required); 0.48-acre (proposed) – not all is qualified. See Section
VI.A for more information.
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B. Community Metrics
Access (Arterial/Collectors/State
Hwy/Local)(Existing and Proposed)
Access is proposed via Venable Ave., an existing local street designated on
the MSM as a residential collector street; no access is proposed or allowed
via Ustick Rd., an arterial street.
Proposed Road Improvements No improvements are proposed to Ustick Rd.; Venable is proposed to be
improved as ½ of a 36’ street section with curb, gutter and 7’ wide attached
sideway within the existing ROW.
Estimated Trip Generation 1,717 trips per day
Fire Service
• Distance to Fire Station 1.8 miles from Station #3
• Fire Response Time This development currently falls in an area where we don’t have total response times
that meet NFPA 1710 standards or adopted standards.
• Resource Reliability 77% (does not meet target goal of 80% or greater)
• Risk Identification 2 (current resources would be adequate to supply service)
• Accessibility Meets required access, road widths and turnarounds.
• Special/resource needs Will require an aerial device; can meet this need.
Amenities Clubhouse, children’s play structure and picnic area with a shade
structure.
Physical Features (waterways,
hazards, flood plain, hillside)
An irrigation ditch runs along the southern boundary of the property adjacent
to Ustick Rd.
Neighborhood meeting date 3/23/23
History (previous approvals) AZ-07-018 Settler’s Square (Ord. #08-1364, DA Inst. #108059803); H-2016-
0074 (MDA) (DA Inst. #2016-097989); H-2021-0072 (MDA) (Settler’s Square
DA Inst. #2022-008733 – this DA replaced all previous DA’s); A-2022-0111
(CZC for site improvements including an internal shared access drive -aisle with
detached sidewalk & associated landscaping and storm drainage).
Description Details
Ada County Highway
District
• Staff report (yes/no) Yes
• Requires ACHD
Commission Action
(yes/no)
No
• TIS (yes/no) No (not required)
• Existing Conditions
Ustick Rd. is improved with 5-travel lanes, vertical curb, gutter and 5’ wide detached
sidewalk. There is 96’ of ROW for Ustick Rd. (48’ from centerline).
Venable Ave. is improved with 2-travel lanes and no curb, gutter or sidewalk
abutting the site. There is 58’ of ROW for Venable (30’ from centerline).
• CIP/IFYWP
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• Water Supply 1,500 gallons per minute for 2 hours
• Other Resources
Police Service No comments received
West Ada School District No comments received
Wastewater See comments in Section IX.B
Water See comments in Section IX.B
C. Project Maps
Future Land Use Map
Aerial Map
Zoning Map
Planned Development Map
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III. APPLICANT INFORMATION
A. Applicant:
Josh Beach, Brighton Development, Inc. – 2929 W. Navigator Dr., Ste. 400, Meridian, ID 83642
B. Owner:
Brighton Ustick, LLC – 2929 W. Navigator Dr., Ste. 400, Meridian, ID 83642
C. Representative:
Same as Applicant
IV. NOTICING
Planning & Zoning
Posting Date
City Council
Posting Date
Newspaper notification
published in newspaper 6/21/2023
Radius notification mailed to
property owners within 300 feet 6/9/2023, 6/20/2023
Public hearing notice sign posted
on site 6/24/2023
Nextdoor posting 6/8/2023
V. COMPREHENSIVE PLAN ANALYSIS
LAND USE: The Future Land Use Map (FLUM) contained in the Comprehensive Plan designates this
property as Mixed Use – Community (MU-C).
The purpose of the MU-C designation is to allocate areas where community-serving uses and dwellings are
seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential,
and to avoid mainly single-use and strip commercial type buildings. Non-residential buildings in these areas
tend to be larger than in Mixed Use Neighborhood (MU-N) areas, but not as large as in Mixed Use Regional
(MU-R) areas. Goods and services in these areas tend to be of the variety that people will mainly travel by
car to, but also walk or bike to (up to three or four miles). Employment opportunities for those living in and
around the neighborhood are encouraged. Developments are encouraged to be designed according to the
conceptual MU-C plan depicted in Figure 3C in the Comprehensive Plan (pg. 3-19).
Sample uses appropriate in MU-C areas include: All MU-N categories, community grocer, clothing stores,
garden centers, hardware stores, restaurants, banks, drive-thru facilities, auto service station, and retail shops,
and other appropriate community-serving uses. Sample zoning include: R-15, R-40, TN-R, TN-C, C-C, and
L-O.
TRANSPORTATION: The Master Street Map (MSM) depicts N. Venable Ave. as a residential collector street
and W. Ustick Rd., as a planned commercial arterial street.
PROPOSED USE: The Applicant proposes to develop the northern portion of this site with a 57-unit multi-
family development with townhome-style units and the southern portion of the site with commercial uses
consistent with the uses desired in MU-C designated areas. The proposed gross density of the residential
portion of the site is 12 units/acre, which is within the desired range in MU-C designated areas of 6 to 15
units/acre and consistent with the concept plan approved in the development agreement.
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):
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• “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 townhouse-style multi-family units will contribute to the variety of housing types in this
area of the City.
• “Require appropriate building design, and landscaping elements to buffer, screen, beautify, and
integrate commercial, multifamily, and parking lots into existing neighborhoods.” (5.01.02D)
The proposed design of the townhome-style units should be compatible with the design of adjacent
single-family homes. Perimeter landscaping is proposed along the north and northwest boundaries
along with a 6-foot tall vinyl fence to buffer the existing residential homes. The east/west driveway
through the site and associated landscaping should provide a transition to proposed residential and
commercial uses.
• “Permit new development only where it can be adequately served by critical public facilities and
urban services at the time of final approval, and in accord with any adopted levels of service for
public facilities and services.” (3.03.03F)
City water and sewer services are available 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)
The proposed multi-family townhouse-style units will contribute to the mix of housing types
available for rent in the City and in this area. There is currently a mix of single-family detached
dwellings and multi-family apartments and townhome-style units in this area.
• “Encourage compatible uses and site design to minimize conflicts and maximize use of land.”
(3.07.00)
The proposed multi-family use should be compatible with adjacent single-family uses as they’re
residential in nature. The proposed site design with landscaping and fencing around the perimeter
should minimize conflicts and maximize use of land.
• “Ensure development is connected to City of Meridian water and sanitary sewer systems and the
extension to and through said developments are constructed in conformance with the City of
Meridian Water and Sewer System Master Plans in effect at the time of development.” (3.03.03A)
The proposed development will connect to City water and sewer systems; services are required to be
provided to and though this development in accord with current City plans.
• “Maximize public services by prioritizing infill development of vacant and underdeveloped parcels
within the City over parcels on the fringe.” (2.02.02)
This is an infill development; development of this vacant site will result in more efficient provision of
public services.
• “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 is required to be provided with
development as proposed.
• “Encourage and support mixed-use areas that provide the benefits of being able to live, shop, dine,
play, and work in close proximity, thereby reducing vehicle trips, and enhancing overall livability and
sustainability.” (3.06.02B)
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The proposed multi-family development is in close proximity to Settler’s park, a convenience
store/gas station and other neighborhood services. Future development of the commercial portion of
the site should offer more variety of uses to serve area residents.
• “Slow the outward progression of the City's limits by discouraging fringe area development;
encourage development of vacant or underutilized parcels currently within City limits.” (4.05.03B)
Development of the subject infill property, currently in the City limits, is encouraged over parcels on
the fringe of the City. The development of this property will result in better provision of City services.
VI. STAFF ANALYSIS
A. CONDITIONAL USE PERMIT (CUP)
A CUP is requested for a multi-family development consisting of 57 dwelling units on 4.81 acres of land
in the C-C zoning district. Townhome-style units in 15 separate structures are proposed in 3- and 4-unit
clusters consisting of a mix of 2-bedroom (13) and 3-bedrooms (44) with a minimum of 1,250 square
feet for each unit.
The existing Development Agreement (Inst. #2022-008733) for Settler’s Square entitled this property to
develop with approximately 60 apartment units per the approved conceptual development plan.
Dimensional Standards: Future development is required to comply with the minimum dimensional
standards of the C-C zoning district in UDC Table 11-2B-3. The Applicant should confirm with the
Building Dept. the proposed building separation meets the minimum standards – a greater
separation or fire-rated walls will likely be required.
Phasing: The multi-family development is proposed to be constructed in one phase.
Access: Access is proposed via a driveway from N. Venable Ave., a collector street, at the east boundary
and N. Buckstone Ave., a local street, at the north boundary. Buckstone currently stubs to the north
boundary of this site.
Pathways: A multi-use pathway is depicted on the Pathways Master Plan (PMP) along the northern
boundary of this site; however, the Park’s Dept. requests an alternate alignment for the pathway from the
sidewalk along Venable Ave. east/west through the site along the drive-aisle to the west property
boundary. The proposed 5-foot wide sidewalk is an adequate width but should be extended to the west
property boundary for future extension. A 9-foot wide public pedestrian easement should be recorded
for the pathway in accord with Park’s Dept. requirements prior to issuance of Certificate of
Occupancy.
Fencing: A new 6-foot tall solid vinyl fence is proposed along the north and west sides of the
development as shown on the landscape plan. Fencing should comply with the standards listed in UDC
11-3A-7.
Specific Use Standards (UDC 11-4-3):
The proposed use is subject to the following standards: (Staff’s analysis/comments in italic text)
11-4-3-27: MULTI-FAMILY DEVELOPMENT:
“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. A minimum
25-foot wide buffer to residential uses is required in the C-C zoning district per UDC Table
11-2B-3; therefore, all structures along the north and west boundaries adjacent to residential
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uses must be setback a minimum of 25 feet from the property line. The plans should be revised
to reflect compliance with this standard.
2. All on-site service areas, outdoor storage areas, waste storage, disposal facilities, and
transformer and utility vaults shall be located in an area not visible from a public street, or shall
be fully screened from view from a public street. All proposed transformer/utility vaults and
other service areas shall comply with this requirement. A trash dumpster/enclosure should be
depicted on the site plan and 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. Floor
plans should be submitted with the Certificate of Zoning Compliance application that
demonstrate compliance with this standard.
4. For the purposes of this section, vehicular circulation areas, parking areas, and private usable
open space shall not be considered common open space. These areas were not included in the
common open space calculations for the site.
5. No recreational vehicles, snowmobiles, boats or other personal recreation vehicles shall be
stored on the site unless provided for in a separate, designated and screened area. The Applicant
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 (13) 2-bedroom units and (44) 2-bedroom units, a minimum of 164 off-street parking
spaces are required, including guest parking, with 57 of those in a covered carport or garage. A
total of 194 spaces are proposed, with 84 of those in garages, which exceeds the minimum
standard by 30 spaces. Accessible parking is required in accord with ADA standards.
Based on 194 vehicle parking spaces provided, a minimum of eight (8) bicycle parking spaces
shall be provided in accord with the design standards listed in UDC 11-3C-5C. Five (5) exterior
bicycle rack spaces are proposed; a minimum of eight (8) parking spaces should be provided.
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 Applicant’s narrative states the clubhouse will include a property management/maintenance
office and provisions for mail delivery. The site plan/floor plan submitted with the Certificate
of Zoning Compliance application should depict the location of all of the aforementioned
items.
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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. Because
this site is below 5 acres in size, this standard is not applicable.
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 (s.f.) of living area.
b. Two hundred fifty (250) square feet for each unit containing more than five hundred (500)
square feet and up to one thousand two hundred (1,200) square feet of living area. All units
exceed 1,200 s.f.
c. Three hundred fifty (350) square feet for each unit containing more than one thousand two
hundred (1,200) square feet of living area. All 57 units exceed 1,200 s.f. of living area;
therefore, a minimum of 19,950 s.f. (or 0.46-acre) of common open space is required. A total
of 0.48-acre is proposed consisting of two (2) common open space areas with amenities and
the street buffer along the collector street (i.e. Venable Ave.). The street buffer is only
allowed to count toward the baseline open space which isn’t required with this development.
Therefore, a revised open space exhibit that complies with the minimum standard should
be submitted prior to the City Council hearing that excludes this area.
All multi-family projects over 20 units are required to provide at least one (1) common grassy
area integrated into the site design allowing for general activities by all ages that is a minimum
of 5,000 s.f. in area; the area shall increase proportionately as the number of units increase and
shall be commensurate to the size of the development as determined by the decision-making
body. Where this area cannot be increased due to site constraints, it may be included elsewhere
in the development (UDC 11-4-3-27C.3). The open grassy area in both of the open space areas
is below 5,000 s.f. in area; Staff recommends a minimum 14,250 s.f. (or 0.33-acre) of common
grassy area is provided commensurate with the size of the development (i.e. 250 s.f. per unit);
the plans should be revised accordingly prior to the City Council hearing. Note: The common
area where the tot lot is located exceeds 5,000 s.f.; however, the actual open grassy area outside
of the tot lot area is below 5,000 s.f.
Common open space shall be not less than four hundred (400) square feet in area, and shall have
a minimum length and width dimension of twenty feet (20'). The common open space areas
depicted on the open space exhibit in Section VIII.B meet this requirement.
In phased developments, common open space shall be provided in each phase of the
development consistent with the requirements for the size and number of dwelling units. 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. The common open space proposed where the clubhouse and tot lot are located
is adjacent to Venable Ave., a collector street. Therefore, a berm or constructed barrier should
be provided in accord with this requirement.
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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.1. The number of
amenities shall depend on the size of the multi-family development based on the number of units.
For multi-family developments between 20 and 75 units, such as this, a minimum of three (3)
amenities shall be provided with at least one (1) from each category.
The following amenities are proposed from each of the following categories: 1) Quality of Life –
clubhouse; Open Space – picnic area with a table and shade structure; and Recreation – children’s
play structure. The proposed amenities meet the minimum 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, which requires a landscape area at least 3-feet wide planted with one
evergreen shrub every three (3) linear feet that has a mature height of 24-inches with ground cover
plants in the remainder of the landscaped area. The landscape plan submitted with the Certificate of
Zoning Compliance application should be revised to include evergreen shrubs in accord with this
standard.
Landscaping is required to be provided along all pathways per the standards listed in UDC 11-3B-
12C, which require a mix of trees, shrubs, lawn, and/or other vegetative groundcover within 5-
foot wide strips on each side of the pathway; depict landscaping per these standards along the
east/west pathway adjacent to the drive aisle.
Street buffer landscaping is required along N. Venable Ave., a collector street, in accord with the
standards listed in UDC 11-3B-7C with development of the subdivision. Landscaping should be
depicted on the plan in accord with the aforementioned standards.
A 25-foot wide buffer is required to adjoining residential uses in the C-C zoning district, per UDC
Table 11-2B-3 as shown on the site plan; the landscape plan incorrectly depicts a 15-foot wide
buffer which should be revised. Landscaping is required to be installed within the buffer in accord
with the standards listed in UDC 11-3B-9C. All buffer areas are required to be comprised of, but
not limited to, a mix of evergreen and deciduous trees, shrubs, lawn, or other vegetative ground
cover that results in a barrier that allows trees to touch within five (5) years of planting. Trees that
will not touch until maturity outside of this timeframe must be supplemented with additional
materials such as tall columnar evergreen shrubs, or other qualifying materials. A 10-foot wide
public utilities, property drainage, and pressure irrigation easement is designated along the
boundary of the subdivision, which prohibits trees within the easement – all trees should be
planted outside of the easement area.
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
submitted to the Planning Division prior to issuance of the first Certificate of Occupancy within
the development.
Building Elevations (UDC 11-3A-19 | Architectural Standards Manual): Conceptual building elevations
were submitted for the 2-story alley-loaded and front-loaded townhome-style units and the clubhouse as
shown in Section VIII.C below. Building materials appear to consist of stucco and horizontal siding in
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two (2) different colors with stone veneer accents. These elevations are generally consistent with those
included in the existing Development Agreement (DA) as required.
Final design of all structures is required to comply with the design standards in the Architectural
Standards Manual and will be reviewed for compliance with these standards with the Design Review
application. Compliance with the building code requirements for separation between structures
within the development is required.
B. PRELIMINARY PLAT/FINAL PLAT(PFP):
The proposed combined preliminary/final plat (PFP) consists of one (1) residential building lot, (2)
commercial building lots and (1) other lot on 9.01 acres of land in the C-C zoning district as shown in
Section VIII.D.
Existing Structures/Site Improvements: There are no existing structures on this property.
Dimensional Standards (UDC 11-2): Future development is required to comply with the dimensional
standards listed in UDC Table 11-2B-3 for the C-C zoning district.
Access: Access is proposed via a driveway from N. Venable Ave., a collector street, at the east boundary
and N. Buckstone Ave., a local street, at the north boundary. Buckstone currently stubs to the northern
boundary of this site. An east/west drive aisle was previously approved with the site improvements (A-
2022-0111) on Lot 2, Block 1. The plat depicts a name for this access driveway, which should be
removed as this road is a drive aisle and wasn’t approved as a public or private road. If the
Applicant wishes to name this road, a private street application should be submitted.
A cross-access easement is required to be granted to the property abutting the southwest property
boundary (Parcel #S0436346613) as set forth in the existing Development Agreement. A copy of
the recorded easement shall be submitted to the Planning Division prior to issuance of Certificate
of Occupancy for the western commercial pad site OR when Parcel #0436346613 developers,
whichever occurs first.
Landscaping (UDC 11-3B): A 25-foot wide street buffer is required along W. Ustick Rd., an arterial
street, and a 20-foot wide street buffer along N. Venable Ave., a collector street, as depicted on the
landscape plan. These buffers shall be depicted on the plat in common lots or dedicated buffer
easements, maintained by the property owner, homeowner’s association or business owner’s
association as set forth in UDC 11-3B-7C.2a. The buffers should be measured from the back of curb
per UDC 11-3B-7C.1a(2).
There are no existing trees on the site that require mitigation.
Sidewalks (11-3A-17): A 5-foot wide detached sidewalk is required along N. Venable Ave., designated
as a residential collector street on the Master Street Map, as proposed in accord with UDC 11-3A-17. A
5-foot wide detached sidewalk exists along W. Ustick Rd., an arterial street.
Pathways: A multi-use pathway is required by the Park’s Dept. from the sidewalk along Venable Ave.
east/west through the site along the drive-aisle to the west property boundary. The proposed 5-foot wide
sidewalk is an adequate width but should be extended to the west property boundary for future extension.
A 9-foot wide public pedestrian easement should be recorded for the pathway in accord with Park’s
Dept. requirements and referenced on the final plat.
Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-7. The landscape
plan depicts 6-foot tall existing fencing along the northern boundary of the site; the Applicant proposes
to coordinate with the adjacent property owners to replace the fence with a new 6-foot tall vinyl fence.
Six-foot tall vinyl fencing is also proposed along the west boundary of the residential portion of the
development (i.e. Lot 1, Block 1).
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Waterways: There is an irrigation ditch that runs along the southern boundary of this property that is
required to be piped or otherwise covered as set forth in UDC 11-3A-6B.3.
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
follow best management practice as adopted by the City as set forth in UDC 11-3A-18. A storm
drainage calculations and Geotechnical Investigation report was submitted with this application.
VII. DECISION
A. Staff:
Staff recommends approval of the proposed conditional use permit (CUP) and combined preliminary and
final plat (PFP) per the provisions in Section IX in accord with the Findings in Section X.
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VIII. EXHIBITS
A. Site Plan (dated: 4/20/23)
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B. Landscape Plan (dated: 2/28/23) & Open Space and Amenity Details
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C. Conceptual Building Elevations
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D. Preliminary Plat (dated: 3/6/23)
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E. Final Plat (dated: 3/6/23)
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IX. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. Conditional Use Permit
1.1 The developer shall comply with all previous conditions of approval for this property [H-2021-0072
(Settler’s Square Development Agreement Inst. #2022-008733; A-2022-0111 (site improvements)].
1.2 The multi-family development shall have an ongoing obligation to comply with the specific use
standards listed in UDC 11-4-3-27.
1.3 Submit floor plans demonstrating compliance with the minimum private usable open space standard
of eighty (80) square feet for each unit in accord with UDC 11-4-3-27B.3 with the Certificate of
Zoning Compliance application.
1.4 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.
1.5 Comply with building code requirements for separation between structures within the development.
A greater building separation or fire-rated walls may be required. Make any necessary revisions to
the plans to comply.
1.6 Site amenities shall be provided from each of the following categories: 1) Quality of Life –
clubhouse; 2) Open Space – picnic area with picnic table, benches and a shade structure; and 3)
Recreation – tot lot with children’s play equipment, in accord with UDC 11-4-3-27D. Other
comparable amenities may be considered by the Director.
1.7 The trash enclosures shall accommodate recycling.
1.8 The site and/or landscape plan submitted with the Certificate of Zoning Compliance shall be revised
as follows:
a. Depict a minimum 25-foot wide buffer to residential uses along the north and west property
boundaries as set forth in UDC Table 11-2B-3 and depict landscaping within the buffer per the
standards listed in UDC 11-3B-9C. Buildings shall not encroach within the buffer area.
b. All transformer and utility vaults and other service areas shall be located in an area not visible
from a public street, or shall be fully screened from view from a public street in accord with
UDC 11-4-3-27B.2.
c. Depict bicycle racks capable of holding a minimum of eight (8) bicycles based on 194 vehicle
parking spaces provided in accord with UDC 11-3C-6G; the design of the bicycle racks shall
comply with the standards listed in UDC 11-3C-5C.
d. Depict the extension of the sidewalk along the east/west drive aisle to the west boundary of the
site in accord with Park’s Dept. requirements in Section IX.F.
e. Depict the location of the property management office; maintenance storage area; central
mailbox location, including provisions for parcel mail, that provide safe pedestrian and/or
vehicular access; and a directory and map of the development at an entrance or convenient
location for those entering the development in accord with UDC 11-4-3-27B.7.
f. Depict a minimum 4-foot tall berm or constructed barrier separating the common area where the
clubhouse and tot lot are proposed from the collector street (Venable Ave.) with breaks in the
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berm or barrier to allow for pedestrian access in accord with UDC 11-4-3-27C.7, unless
otherwise approved with the conditional use permit.
g. Depict a minimum of 19,950 square feet (s.f.) (or 0.46-acre) of common open space that
complies with the standards listed in UDC 11-4-3-27C.2; a minimum of 14,250 s.f. (or 0.33-
acre) of that area shall consist of common grassy area in accord with UDC 11-4-3-27C.3
commensurate with the size of the development and shall not include the street buffer. Note: A
minimum 5,000 s.f. common grassy area shall be provided in one area; where the remaining
area cannot be provided due to site constraints, it may be included elsewhere in the
development.
h. Depict landscaping along the foundation of all street facing elevations in accord with the
standards listed in UDC 11-4-3-27E.2. For every three (3) linear feet of foundation, an
evergreen shrub having a minimum mature height of twenty-four (24) inches shall be planted;
ground cover plants shall be planted in the remainder of the landscaped area.
i. Depict landscaping along the east/west pathway along the drive aisle in accord with the
standards listed in UDC 11-3B-12C, which require a mix of trees, shrubs, lawn, and/or other
vegetative groundcover within 5-foot wide strips on each side of the pathway.
j. Depict landscaping within the minimum 20-foot wide street buffer along N. Venable Ave., a
collector street, in accord with the standards listed in UDC 11-3B-7C.
1.9 Fencing shall comply with the standards listed in UDC 11-3A-7.
1.10 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 per UDC 11-4-3-27B.5.
1.11 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. Final design of the site and
structures shall comply with the standards listed in UDC 11-3A-19 and the design standards listed in
the Architectural Standards Manual.
1.12 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.
2. Preliminary/Final Plat:
2.1 The final plat submitted for City Engineer signature shall include the following revisions:
a. Depict a 25-foot wide street buffer along W. Ustick Rd., an arterial street, and a 20-foot wide
street buffer along N. Venable Ave., a collector street, in a common lot or a dedicated buffer
easement, maintained by the property owner, homeowner’s association or business owner’s
association as set forth in UDC 11-3B-7C.2a.
b. Depict a cross-access ingress/egress easement on the plat granting access to the abutting
property at the southwest property boundary (Parcel #S0436346613); or, submit a separate copy
of a recorded agreement to the Planning Division prior to issuance of Certificate of Occupancy
for the western commercial pad site OR when parcel #S0436346613 develops, whichever occurs
first, in accord with the development agreement (provision #5.1c).
c. Depict a 9-foot wide public pedestrian easement for the multi-use pathway connection from the
sidewalk along Venable Ave. along the east/west drive-aisle to the west boundary of the site and
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include the recorded instrument number of the easement in accord with Park’s Dept.
requirements in Section IX.F.
d. Note #4: Remove the street name (i.e. W. Wind Drift St.) as a private street was not approved. If
the drive aisle is to be names, a private street application shall be submitted.
e. Note #7: Include recorded instrument numbers of the Setter’s Irrigation District pressure
irrigation easement.
3. The landscape plan submitted with the final plat for City Engineer signature shall include the
following revisions:
a. Include a detail of the tot lot play equipment.
b. Depict landscaping within the street buffers along N. Venable Ave. and W. Ustick Rd. in accord
with the standards listed in UDC 11-3B-7C.
c. All landscaping except for street buffers should be removed from the plan or shown in a lighter
line type as internal landscaping is not required with the subdivision improvements.
4. All irrigation ditches crossing this site shall be piped or otherwise covered as set forth in UDC 11-
3A-6B.3.
5. A 9-foot wide public pedestrian easement shall be submitted for the multi-use pathway along the
east/west drive aisle prior to submittal of the final plat for City Engineer signature.
6. Approval of a combined preliminary and final 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
combined preliminary and final plat. Upon written request and filing by the applicant prior to the
termination of the period, 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.
B. PUBLIC WORKS
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=300677&dbid=0&repo=MeridianCity
C. NAMPA & MERIDIAN IRRIGATION DISTRICT (NMID)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=298132&dbid=0&repo=MeridianCity&cr
=1
D. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=297934&dbid=0&repo=MeridianCity
E. COMMUNITY DEVELOPMENT DEPARTMENT – SCHOOL IMPACT TABLE
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=297561&dbid=0&repo=MeridianCity
F. PARK’S DEPARTMENT
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=300739&dbid=0&repo=MeridianCity
G. ADA COUNTY HIGHWAY DISTRICT (ACHD)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=297568&dbid=0&repo=MeridianCity
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X. FINDINGS
A. 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.
Staff finds that the subject property is large enough to accommodate the proposed use and
dimensional and development regulations of the C-C 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.
Staff finds that the proposed use is consistent with the future land use map designation of MU-C and
is allowed as a conditional use in UDC Table 11-2B-2 in the C-C zoning district.
3. That the design, construction, operation and maintenance will be compatible with other uses in the
general neighborhood and with the existing or intended character of the general vicinity and that such
use will not adversely change the essential character of the same area.
Staff 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. The
proposed multi-family development should provide a good transition in uses between existing single-
family homes and the future commercial uses on the southern portion of the site.
4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely
affect other property in the vicinity.
Staff finds 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.
Staff finds that essential public services are available to this property and that the use will be
adequately served by these facilities. Police and Fire currently provides service to this property.
B. Combined Preliminary/Final Plat (UDC 11-6B-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)
Staff finds the proposed plat is in conformance with the UDC and generally conforms with the
Comprehensive Plan.
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2. Public services are available or can be made available ad are adequate to accommodate the proposed
development;
Staff 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;
Staff finds the proposed plat is in conformance with the City’s capital improvement plan.
4. There is public financial capability of supporting services for the proposed development;
Staff finds there is public financial capability of supporting services for the proposed development.
5. The development will not be detrimental to the public health, safety or general welfare; and
Staff 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)
Staff is unaware of any significant natural, scenic or historic features that need to be preserved
with this development.