Artisan Victory Market Subdivision H-2022-0066 Findings CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI
DIAN:-~'
AND DECISION&ORDER
In the Matter of the Request for Annexation and Zoning of 14.47-acres of Land with an R-15
(Medium High-density Residential)Zoning District; Preliminary Plat Consisting of 4 Building Lots
and Two Common Lots on 13.60-acres of Land in the R-15 Zoning District; Conditional Use Permit
for a Multi-family Development Consisting of 138 Dwelling Units on 13.60-acres of Land in the R-
15 Zoning District; and Internal Private Streets for Artisan Victory Market Subdivision,by
Horrocks Engineers,Inc.
Case No(s). H-2022-0066
For the City Council Hearing Date of. May 9 and June 20, 2023 (Findings on July 11,2023)
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(I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified as
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019,Resolution No. 19-2179 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s)received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision,which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR ARTISAN VICTORY MARKET-AZ CUP PP PS H-2022-0066
- I -
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 annexation, 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
conditional use permits that also require platting,the final plat must be signed by the City
Engineer within this two(2)year period.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR ARTISAN VICTORY MARKET-AZ CUP PP PS H-2022-0066
-2-
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the
use not to exceed one (1)two(2)year period.Additional time extensions up to two (2)years as
determined and approved by the City Council may be granted. With all extensions,the Director
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title 11(UDC 11-513-6F).
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six(6)months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six(6)month approval
period.
E. Judicial Review
Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho
Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted, including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67,Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
G. Attached: Staff Report for the hearing date of May 9,2023
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR ARTISAN VICTORY MARKET-AZ CUP PP PS H-2022-0066
-3-
By action of the City Council at its regular meeting held on the 1 lth day of July
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 7-11-2023
Attest:
Chris Johnson 7-11-2023
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 7-11-2023
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR ARTISAN VICTORY MARKET-AZ CUP PP PS H-2022-0066
-4-
EXHIBIT A
STAFF REPORT C: E IDIAN --
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING May 9,2023 Le end �LJ'
DATE: 50
Project Location
TO: Mayor&City Council
FROM: Bill Parsons, Current Planning
Supervisor —
208-884-5533 ®
SUBJECT: H-2022-0066 0
Artisan Victory Market—AZ, CUP,PP, t o
&PS
LOCATION: 2820, 2910,2960,2990 and 3020 S.
Eagle Rd., in the SW 1/4 of Section 21,
T.3N.,R.1E. (Parcel#S1121336051;
S1121336101; S1121336176;
S1121336200; S1121336230;
S1121336251; and S1121336276)
NOTE: This project was continued from the May 9'City Council hearing in order for the
applicant to revise plans and renotice the project per the discussions during the hearing. Staff
prepared a memo for City Council on June 151h that identified specific changes and the
applicable conditions that required modification. The staff report has been updated to reflect
the changes noted in this memo.
1. PROJECT DESCRIPTION
Annexation and Zoning(AZ)of approximately 14.47 acres of land with the R-15 (12.38 acres)and C-
C(2.09 acres)zoning districts; Preliminary Plat(PP)consisting of 5 building lots(3 multi-family and
2 commercial) and 1 common lot on approximately 13.6 acres of land in the requested R-15 and C-C
zones; and a Conditional Use Permit(CUP)for a multi-family development consisting of 131 units
on 11.94 acres in the R-15 zoning district. Private streets(PS)are proposed for internal access within
the development.
11. SUMMARY OF REPORT
A. Project Summary
Description Details
Acreage 13.6-acres(14.47 AZ area)
Existing/Proposed Zoning RUT in Ada County(existing);R-15 (12.38 acres)&C-C(2.09 acres)
(proposed)
Future Land Use Designation Mixed Use—Community(MU-C)
Existing Land Use(s) Rural residential/agricultural
Proposed Land Use(s) Multi-family residential&Commercial
Page 1
Description Details
Lots(#and type;bldg./common) 5 buildable lots and 1 common lot
Phasing Plan(#of phases) 1 phase—For occupancy purposes 6 phases are proposed for the multi-
family project.
Number of Residential Units(type 131 multi-family dwelling units;2 commercial buildings totaling 18,100
of units)and square footage of square feet
commercial uses
Physical Features(waterways, NA
hazards,flood plain,hillside)
Neighborhood meeting date 7/28/22;March 21,2023 the applicant held another neighborhood meeting
based on the public comments received for this application.
History(previous approvals) CPA-05-001
B. Community Metrics
Description Details
Ada County Highway
District
• Staff report(yes/no) Yes
• Requires ACHD No
Commission Action A Traffic Impact Study(TIS)was prepared by Kimley-Horn.
es/no
Access Main access for this development will be from S.Eagle Rd.ACHD has approved the
(Arterial/Collectors/State connection as a temporary full access and reserves the right to restrict this access in
Hwy/Local)(Existing and the future;a local street network will be extended to provide additional access to and
Proposed) through the development.Internal circulation is being provide through a private street
connection.
Traffic Level of Service
Stub 3 local streets are stubbed to this property and will be extended with the plat;cross
Street/Interconnectivity/Cros access via is required to the property to the south(Inglewood Place Subdivision).
s Access
Existing Road Network S.Eagle Rd.,arterial street, S. Titanium Ave. and E.Publisher St. abut this site.
Existing Arterial Sidewalks/ There is an existing 7-foot wide attached sidewalk along S.Eagle Rd.All existing
Buffers curb cuts to S.Eagle Rd.not being utilized by this development must be closed and
im roved with curb,gutter,and sidewalk.
West Ada School District
Page 2
Description Details
• Predicted#of students West Ada School District has experienced sustained growth in student enrollment during the last ten years.Based on current
generated from enrollment data specific to new development(within the last 5 years)in proximity to this proposed development,we estimate
proposed development this development consisting of 138 multi-family units could house approximately 26 school aged children.Approval of this
• Distance(elem,ms,hs) application will affect enrollments at the following schools in West Ada School District based on attendance areas forthe
• Capacity of schools 2022.23 school year.For your information,included in this data is the number of approved lots and multi-family units
• #of Student Enrolled approved by this and other agencies.
Approved MF units Projected
Approved lots per per attendance Students from
Enrollment Capacity attendance area area Approved Dev.
Pepper Ridge Elementary 515 675 186 756 68
Lewis&Clark Middle School 885 1000 Sol 1297 71
Mountain View High School 2461 2175 2956 408 401
School of Choice Options
Christine Donnell Elementary—Arts 474 Soo N/A N/A
Spalding Elementary-STEM 678 750 N/A N/A
West Ada School District supports economic growth.Based on future enrollment forecasts,the capacity of the high school is
projected to be operating above building capacity and full utilization of educational spaces upon the completion of the
previously approved lots.Future developments will continue to have an impact on the district's capacity.
Police Service No comments received
• Distance to Police
Station
• Police Response Time
• Calls for Service
• Accessibility
• Specialty/resource needs
• Crimes
• Crashes
• Other
Wastewater
• Distance to Sewer Directly adjacent
Services _
• Sewer Shed
• Estimated Project Sewer See application
ERU's
• WRRF Declining 5,780 MGD
Balance
• Project Consistent with Yes
W W Master
Plan/Facility Plan
• Impacts/concerns Additional 5,780 gpd committed to model. See Public Works site specific conditions
Water
• Distance to Water Directly adjacent
Services
• Pressure Zone
• Estimated Project Water See application
ERU's
• Water Quality Concerns None
Page 3
Description Details
• Project Consistent with Yes
Water Master Plan
• Impacts/Concerns See Public Works site specific conditions
Page 4
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B. Owners:
BPS Eagle Road,LLC— 1401 17th Street, Ste. 700,Denver,CO 80202
C. Representative:
Same as Applicant
III. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Notification published in
2/15/2023 4/23/2023
newspaper
Notification mailed to property
owners within 300 feet 2/10/2023 4/21/2023
Applicant posted public hearing
2/17/2023 4/20/2023
notice on site
Nextdoor posting 2/10/2023 4/21/2023
IV. COMPREHENSIVE PLAN ANALYSIS (Comprehensive Plan)
Land Use: The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates this
property as Mixed Use—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 have a tendency 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.
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.
Proposed Development: The Applicant proposes to develop the site with two (2)land use types—
small-scale commercial(includes retail,restaurants, drive-through pharmacy, etc.)and residential(i.e.
multi-family residential). The site is designed for commercial uses along Eagle Road, an arterial
street,with 131 multi-family residences for a gross density of 11 units per acre and a net density of
12.4 units per acre located to the north and east of the commercial pads. The site includes a mix of 1-
bedroom duplex-style multi-family units,2 and 3-bedroom bungalow-style multi-family units, and 2
and 3-bedroom townhome-style multi-family units with open space integrated throughout. The
proposed development is generally consistent with the conceptual MU-C plan in the Comprehensive
Plan.
In reviewing development applications,the following items will be considered in all Mixed-Use
areas,per the Comprehensive Plan(pg.3-13): (Staff's analysis in italics)
Page 6
• "A mixed-use project should include at least three types of land uses. Exceptions may be
granted for smaller sites on a case-by-case basis. This land use is not intended for high-
density residential development alone."
The proposed 13.60-acre development includes two types of land uses—commercial and
residential. The Inglewood Subdivision along the south boundary is also designated MU-C
and the City has approved a restaurant w/drive-through and a daycare on this site.
Therefore, staff is supportive of the site developing with two land uses types as proposed.
Since one of the buildings will be multi-tenant building, staff does anticipate other
commercial uses developing on the property.
• "Where appropriate,higher density and/or multi-family residential development is encouraged
for projects with the potential to serve as employment destination centers and when the project
is adjacent to US 20/26, SH-55, SH-16 or SH-69."
The proposed development includes 131 multi family units at a gross density of 11 units per
acre. The multi family portion of the project is located along east side of Eagle Road. An
employment destination center is not desired due to the size of the property; however, other
neighborhood commercial uses could develop on the commercial lots which may encourage a
walkable environment and provide additional services for the area.
• "Mixed Use areas are typically developed under a master or conceptual plan; during an
annexation or rezone request, a development agreement will typically be required for
developments with a Mixed-Use designation."
A site plan was submitted with the annexation request, included in Section VII.B.A
Development Agreement is required that binds future development to this plan.
• "hi developments where multiple commercial and/or office buildings are proposed,the
buildings should be arranged to create some form of common,usable area, such as a plaza or
green space."
The conceptual development plan does not depict common usable open space for the
commercial portion of the development. Staff recommends that the Applicant re-orientate the
buildings to create some form of common usable area between the commercial buildings and
the common lot directly south of the clubhouse and pool.A decorative crosswalk should also
be used to delineate the connectivity through the private street and continued through the
commercial parking lot to the existing 7-foot sidewalk along Eagle Rd.
• "The site plan should depict a transitional use and/or landscaped buffering between
commercial and existing low-or medium-density residential development."
The applicant has oriented the commercial next to commercial uses approved with the
Inglewood Subdivision to the south.As a transition to the existing residential on the north/east
and south boundary, the applicant is proposing two-story townhomes on the south boundary
adjacent to the larger assisted living facility and orienting single-story duplex and single
detached units along the east and north boundaries.
• "Community-serving facilities such as hospitals,clinics, churches, schools,parks,daycares,
civic buildings, or public safety facilities are expected in larger mixed-use developments."
No such uses are specifically proposed in this development—the tenants of the commercial
buildings are unknown at this time. From north to south, the larger MU-C area includes
storage, an office park, single-family residential, two (2)planned daycares, assisted living,
two coffee shops w/drive-throughs, and a Rite Aid.
Page 7
• "Supportive and proportional public and/or quasi-public spaces and places including but not
limited to parks,plazas, outdoor gathering areas,open space,libraries, and schools are
expected; outdoor seating areas at restaurants do not count."
There are no public and/or quasi public spaces or places proposed with this development. As
noted above, the applicant should include a plaza area in the commercial area that ties in with
the open space south of the clubhouse and pool. A decorative pedestrian crossing would also
help integrate the two open spaces. A pedestrian connectivity should also be provided to the
existing 7-foot sidewalk adjacent to Eagle Rd.
• "Mixed use areas should be centered around spaces that are well-designed public and quasi-
public centers of activity. Spaces should be activated and incorporate permanent design
elements and amenities that foster a wide variety of interests ranging from leisure to play.
These areas should be thoughtfully integrated into the development and further placemaking
opportunities considered."
See analysis above.
• "All mixed-use projects should be directly accessible to neighborhoods within the section by
both vehicles and pedestrians."
The proposed commercial portion of the development is directly accessible to the multi family
residential portion of the development to the north/east, the single-family developments further
to the north and east(Bancroft Square Sub. &Sutherland Farm Sub. No. 2) by both vehicles
and pedestrians.
• "Alleys and roadways should be used to transition from dissimilar land uses, and between
residential densities and housing types."
A landscape buffer is proposed between the proposed multi family and existing single-family
developments to the north/east and to the assisted living facility located to the south as a
transition and buffer between uses. The buffers are between 15 and 20 feet respectively.
Further, the applicant has intentionally placed the one-story duplex and single detached units
along the north and east boundary to ensure compatibility.
• "Because of the parcel configuration within Old Town, development is not subject to the
Mixed-Use standards listed herein."
The subject property is not located in Old Town; therefore, this item is not applicable.
In reviewing development applications,the following items will be considered in MU-C
areas,per the Comprehensive Plan(pgs.3-16 thru 3-17):
• Development should generally comply with the general guidelines for development in all
Mixed-Use areas.
Staffs analysis on the proposed project's compliance with these guidelines is included above.
• Residential uses should comprise a minimum of 20%of the development area at gross
densities ranging from 6 to 15 units/acre. There is neither a minimum nor maximum imposed
on non-retail commercial uses such as office,clean industry, or entertainment uses.
Residential uses are proposed over 87.8%(11.94 acres) of the development area at an
overall gross density of 11 units/acre, consistent with the density desired in MU-C designated
Page 8
areas.
• Retail commercial uses should comprise a maximum of 50%of the development area.
Retail/commercial uses are only proposed to comprise of 12.2%(1.66 acres) of the
development area in accord with this policy.
Comprehensive Plan Policies: The following Comprehensive Plan Policies are applicable to this
development:
• "Permit new development only where it can be adequately served by critical public facilities
and urban services at the time of final approval, and in accord with any adopted levels of
service for public facilities and services." (3.03.03F)
City water and sewer service is available and can be extended by the developer with
development in accord with UDC 11-3A-21. Urban services are available to be provided
upon development.
• "Encourage compatible uses and site design to minimize conflicts and maximize use of land."
(3.07.00)
The proposed retail/commercial uses should be compatible with the existing commercial to
the south. The proposed multi family development should be compatible with existing single-
family residential uses to the north in Bancroft Square Subdivision, to the east in Sutherland
Farm Subdivision No.1, and to the south in the Inglewood Place Senior Housing with the
proposed separation in uses by fencing and landscaping to minimize conflicts between higher
and lower density residential.
• "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." (3.06.0213)
The proposed development will provide housing in close proximity to goods, services, and
employment. This area of Meridian is predominately detached single-family dwelling units.
• "Require pedestrian circulation plans to ensure safety and convenient access across large
commercial and mixed-use developments."(3.07.02A)
The development plan depicts pedestrian pathways throughout the commercial and multi-
family residential development. Staff recommends the applicant relocate the trash enclosure
located on the north side of the parking lot east of the pool and install a 5-foot wide sidewalk
to provide a more direct connection to the children's play structure. Five-foot wide detached
sidewalks are being extended as part of the local street network(Sutherland Farm, Bancroft
Square, and Inglewood Place Senior Housing)for interconnectivity.
• "With new subdivision plats,require the design and construction of pathway connections,
easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of
usable open space with quality amenities."(2.02.01A)
Safe pathway connections should be provided from the proposed multi family development to
the commercial buildings.As noted above staff recommends the applicant provide a
Page 9
decorative crossing. Usable open space and quality amenities are proposed with the multi-
family development that exceed UDC standards (see analysis below).
• "Evaluate the feasibility of annexing existing county enclaves and discourage the creation of
additional enclaves."(3.03.03I)
This property is an enclave that abuts City annexed land to the north, south, east, and west.
Here is the applicant's justification on how the project complies with some of the policies in the plan:
Section Comprehensive Plan Goal and Project Compliance
2.01.01 Encourage diverse housing options suitable for various income levels,
household sizes and lifestyle preferences.
Artisan Victory Market will include mix of f-bedroom duplex. 2-,& 3-
bedroom bungalow-sole multi famdy units and 2-&3-bedroom
tawnhome-style multi family units,providing diversity within the Project
and also diversify from nearby single-family detached residences.Artisan
Victoty Market will offer a variety ofamenwes to cater to the different
recreational bobbies of residents and fo foster a sense of community.
2.01.01 E Encourage the development of high-quality,dense residential and mixed-
use areas near,in,and around Downtown near employment,large
shopping centers,public open spaces and parks,and along major
transportation corridors,as shown on the Future Land Use Map.
This project provides medium high-density residential units that
complement and provide a transition between the commercial and
employment areas to the south on Victory and to the north closer to 1--84,
and the single-family residences to the north and east. The area has been
largely developed in compliance with the larger Mixed-Use Community
area, and the mix of surrounding employment and retail uses will benefit
from the addition of higher densuy residential homes.
2.02.01 A With new subdivision plats,require the design and construction of
pathways connections,easy pedestrian and bicycle access to parks,safe
routes to schools and the incorporation of usable open space with quality
amenities.
Artisan Victory Market is a connected community with pathways that
connect the residential development to the north and east with the more
intensive commercial and retail uses to the soufh_ The project includes
over L6 miles of internal pathways and sidewalks an public streets,and
qualay amenities including a ciuhhouse,fitness room,swimming pool and
community garden.
2.02.02C Support infill development that does not negatively impact the abutting,
existing development.
Artisan lrictory Market has been designed to minimise impact an the
surrounding neighborhoods with 2-sfory residences on the north and east
boundaries_
3.{}3.0D Direct and prioritize development in strategic areas and in accordance
with corridor and special area plans.
Page 10
As an infill site with all services readily available,Artisan Victory Market
exemplifies the vision of the Mixed-Use Community designation by
providing a well-designed, interconnected living and commercial space
where people can live,work,sloop,and raise a family all within the same
community_
3.06.02E 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 sus(ainability
This mixed-usesproject fosters the mired-use environment of the larger
area by complementing the surrounding commercial,retail, and single-
family detached residential uses. Planned and developed commercial and
employment centers are within walking distance of the Site.Artisan
Victory Market residents can shop,dine,plan and work in close proximity
and reduce vehicle trips in the area. This Project will increase the overall
fivabilio)and sustainability of the surrounding area by providing much
needed housing that will help nearby businesses thrive with a permanent
customer base.
3.07.01 A Require all new development to create a site design compatible with
surrounding uses through buffering,screening,transitional densities,and
other best site design practices.
Smaller commercial and multi-family residential provides an appropriate
transition beiween the C C retail and commercial uses to the south and
Eagle Road to the west,and the single-family residences to the east and
north_ The Site integrates higher density buildings along Eagle Road and
the commercial areas to the south and provides single-level duplex and
bungalow-style multi family units along the north and east adjacent to the
single-family homes.Fencing screens the projeci from surrounding
developments_
6.01.01 H Require pedestrian access connectors in all new development to link
subdivisions together and promote neighborhood connectivity as part of a
community pathway system.
With approximately L6 miles of internal paih woj)s and detached
sidewalks,Artisan Victory Market provides necessary connectivity
between current and future developments and uses an all sides of the
property.
In summary, Staff believes the proposed development plan is generally consistent with the vision of the
Comprehensive Plan for this area per the analysis above.
V. UNIFIED DEVELOPMENT CODE ANALYSIS (UD
The applicant has submitted a revised open space exhibit 15 days prior to the Council meeting. The
analysis below has been updated in strike-through and underline format to represent the changes
to the open space and changes discussed with the Commission during the hearing.
A. Annexation:
The proposed annexation is for 14.47 acres of land with R-15 (12.38 acres)and C-C zoning(2.09
acres)districts. The proposed use of the property may include up to 18,100 square feet of
commercial uses (tenants unknown) and 131 multi-family residential units on 13.60 acres in the
C-C and R-15 districts. Parking for the multi-family development is discussed further in the
report however the conceptual development plan does depict 55 parking stalls for the commercial
Page 11
lots. Based on the square footage of the proposed commercial development,the UDC only
requires a minimum of 36 stalls.
A conceptual development plan was submitted, included in Section VILB below that shows how
the overall property is planned to develop. Based on the analysis above in Section IV, Staff is of
the opinion the proposed annexation,zoning and development plan is generally consistent with
the Comprehensive Plan with the provisions noted in Section VIII as discussed herein.
A multi-family development requires approval of a Conditional Use Permit(CUP)in the R-15
zoning district, subject to the specific use standards for such listed in UDC 11-4-3-27.
Commercial/retail uses and drive-through uses are listed as a principally permitted uses in the C-
C zoning district per UDC Table 11-2B-2. However,the proposed drive-through associated
with the southern-most commercial building will require the approval of a CUP because of
its proximity to the proposed and existing residential uses. Staff is supportive of a drive-
through on this site however,the commercial area is more neighborhood serving and
therefore the site should be restricted to only developing one drive-through on the property
as proposed.
The proposed uses and zoning districts are listed as appropriate uses and zoning in the
Comprehensive Plan for the MU-C designated area.
The property is contiguous to City annexed land and is within the City's Area of City Impact
boundary. A legal description and exhibit map of the overall annexation area is included in
Section VII.A.
The City may require a development agreement(DA) in conjunction with an annexation pursuant
to Idaho Code section 67-6511A. To ensure future development is consistent with the
Comprehensive Plan and with the development plan proposed with this application, Staff
recommends a DA is required with this application,containing the provisions noted in
Section VIII.A, as discussed herein.
B. Preliminary Plat:
The proposed preliminary plat consists of 5 building lots (3 multi-family and 2 commercial) and 1
common lot on 13.60 acres of land in the R-15 and C-C zoning districts.
The proposed subdivision will develop in a single phase. However, for occupancy purposes,the
applicant is proposing 6 phases for the multi-family portion of the development.
Existing Structures/Site Improvements:
There are existing homes and outbuildings that need to be removed with development of the
property. Since the project is being phased staff anticipates the removal of the structures with the
first phase.
Dimensional Standards:
Development of the proposed lots are required to comply with the dimensional standards listed in
UDC Tables 11-2A-7 for the R-15 district and UDC Table 11-2B-3 for the C-C zoning district.
The minimum lot size in the R-15 zone(no minimum lot size in the C-C zone) size is not
pertinent to this development because the applicant is proposing multiple units on larger parcels.
The CUP site plan doesn't depict any setbacks on the plan. Per the specific use standards, a
minimum setback of 10 feet is required unless a greater setback is required by the UDC. In the
applicant's narrative it states that the units along the north and south boundary have a 15-foot
setback and the units along the east boundary have a 20-foot buffer which exceeds code
requirements. Further,the applicant has provided all single-story units adjacent to the existing
single-family homes therefore staff is supportive of the setbacks along these boundaries. For
Page 12
those units along Eagle Rd.,the code requires a 25-foot landscape buffer in a common lot and
those units adjacent to the buffer should be setback 10 feet from the interior edge of the buffer.
The other units adjacent to Titanium and Publisher are required to have a 10-foot setback to living
area.None of the garages are oriented towards the street. NOTE! As discussed below the
applieant has ineluded the 15 foot setbaek areas along the south boundaFy in their-qualified
open spnee ealeulations.This area does not eount towaFds qualified open spaee unless i
dimensioned a minimum of 20 feet(see analysis below).
Subdivision Design and Improvement Standards(UDC 11-6C-3):
Development of the subdivision is required to comply with the subdivision design and
improvement standards listed in UDC 11-6C-3. The project complies with these standards.
Access(UDC 11-3A-3)
A private street is proposed via S. Eagle Rd., an arterial street.No stub streets are required or
proposed for this application. The site does have three(3) existing stub streets that are proposed
to be extended with this development. This critical because most of the residential units and the
commercial uses will take access from an internal private street.The extension of the local street
connection will allow traffic to flow better through this site to the signalized intersection at Easy
Jet and not rely solely on the Eagle Rd. access.
The units located on the east side of Titanium take access from shared driveways.Although not
classified as common driveways,the applicant should provide at a minimum 20-foot driveways to
ensure vehicles can access the designed garage spaces associated with those units.With the CZC
application the applicant should demonstrate compliance with this requirement.
Cross-access/ingress-egress should be provided between all C-C zoned commercial lots in
the subdivision and the Inglewood commercial uses to south via a note on the final plat.
A private street application was submitted with this application for the internal private streets.
Private streets are required to comply with the design and construction standards listed in UDC
11-3F-4. Staff has reviewed these standards a-ad it appears the A-1ppheafil ean eemply wi
star ar-ds o pt for-the f llowing:
or ex-eeedq the intent ef Me required standatW-s of th�q ardeLe and shall Hot be deP-iniental to the
As is,the private street eonneetion to Eagle Rd. does not eur-r-ently meet an of the required
standards and eannot be approved; a request for-alter-native eomplinnee may be submitt
for-eonsider-ation by the Dir-eetor-. Staff r-eeommends the appheant submit the alter-native
eomplianee applieation 15 days prior-to the City Couneil hearing.if the portion of Since the
Eagle Road access is not part of the private street network,the applicant should depict the
ingress/egress easement on the face of the plat to allow access to the platted private streets.
Further,the plat should be revised to place the private street in a common lot rather than
an easement.
Page 13
Sidewalks(UDC 11-3A-17):
A 7-foot attached sidewalk exists along Eagle Rd. and will remain as part of the development.
Where there are existing driveways being closed,the applicant is required to install curb, gutter,
sidewalk and landscaping per UDC standards. Five-foot detached sidewalks are proposed along
the internal local streets. Internal sidewalks are dispersed throughout the multi-family
development. Staff has concerns with the residential units on the east side of Titanium Ave,
specifically pedestrian safety. The residents on this side of the roadway will need to cross the
street to gain access to the main amenities. Staff recommends that the applicant coordinate
with ACHD and include decorative crossings through this roadway and provide traffic
calming at the Titanium and Publisher intersection.
Landscaping(UDC 11-3B):
Street buffers are required to be provided as follows: A minimum 25-foot wide buffer is required
along S. Eagle Rd. and a minimum 10-foot wide buffer is required along the private street in the
C-C zoning district(east side of the southern-most building),measured per the standards listed in
UDC 11-3B-7C.1 a. Landscaping is required within the street buffer as set forth in UDC H-
3B-7C(see updated standards). Street buffers are required to be maintained by the property
owner or business owners' association and should be depicted on the plat in a common lot
or permanent dedicated buffer per UDC 11-3B-7C.2b.
Depict landscaping within common open space areas as set forth in UDC 11-3G5B.3.
There are existing trees on the site to be removed or that require mitigation. The landscape plan
submitted with the final plat should include the detail mitigation plan in accord with UDC
11-3B-10.
Storm Drainage(UDC 11-3A-I81:
An adequate storm drainage system is required in all developments in accord with the City's
adopted standards, specifications and ordinances. Design and construction are required to follow
Best Management Practices as adopted by the City. Stormwater integration is required in accord
with the standards listed in UDC 11-3B-11 C.
Pressure Irrigation(UDC 11-3A-157:
Underground pressurized irrigation water is required to be provided in the subdivision as required
in UDC 11-3A-15.
Utilities(UDC 11-3A-21):
Utilities are required to be provided to the subdivision as required in UDC 11-3A-21. Street lights
shall be installed in accord with the City's adopted standards, specifications and ordinances.
Waterways(UDC 11-3A-6):
No major facilities traverse the site. Comment letters from the irrigation districts indicate they
don't have any facilities on this property but the property does have a valid right. Per Idaho State
Statues,Title 42, local irrigation/drainage ditches that cross this property, in order to serve
neighboring properties,must remain unobstructed and protected by an appropriate easement by
the landowner, developer, and contractors.
Fencing(UDC 11-3A-6 and 11-3A-D:
All fencing is required to comply with the standards listed in UDC 11-3A-7. The applicant has
provided a master fence plan that depicts the fencing styles and locations for the development. A
combination of 6-foot tall solid,4-foot with 2 foot open-vison and 6-foot tall wrought iron
fencing is proposed. With final plat submittal, any fencing proposed along Publisher and
Titanium should be installed 10 feet from the property line.
Page 14
C. Conditional Use Permit(CUP):
A Conditional Use Permit is requested for a multi-family residential development consisting of
131 dwelling units on 11.94 acres of land in the R-15 zoning district in accord with UDC Table
11-2B-2. The proposed development will have (24)2-story townhome units; (31)duplex units
and(45) single detached units and clubhouse centrally located within the complex. The mix of
units consisting of 1-(62),2-(53) and 3-(16)bedroom units ranging from 692 to 1,352 square
feet in size.
Specific Use Standards(UDC 11-4-3-27):
The proposed use is subject to the following standards: (Staff's analysis/comments in italic text)
11-4-3-27: MULTI-FAMILY DEVELOPMENT:
Site Design:
1. Buildings shall provide a minimum setback of ten feet(10')unless a greater setback is
otherwise required by this title and/or title 10 of this Code. Building setbacks shall take
into account windows, entrances,porches and patios, and how they impact adjacent
properties. The site plan included in Section VII.D depicts buildings a 20 foot buffer on
the east and a 1 S foot setback on the north and south.
2. All on-site service areas, outdoor storage areas,waste storage,disposal facilities, and
transformer and utility vaults shall be located in an area not visible from a public street,
or shall be fully screened from view from a public street. The plans submitted with the
Certificate of Zoning Compliance application should demonstrate compliance with this
standard.
3. A minimum of eighty(80) square feet of private,usable open space shall be provided for
each unit. This requirement can be satisfied through porches,patios, decks, and/or
enclosed yards. Landscaping, entryway and other access ways shall not count toward this
requirement. In circumstances where strict adherence to such standard would create
inconsistency with the purpose statements of this section,the Director may consider an
alternative design proposal through the alternative compliance provisions as set forth in
section 11-5B-5 of this title. The Applicant's narrative states the average private open
space for each unit is 353 sq.ft. Each duplex and detached single family unit include a
patio and private yard ranging in size from 509 sq.ft. to 681. sq.ft. The townhome units
each have 92 to 94 sq.ft. of private patio space. Staff finds each unit exceeds UDC
requirements.
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 (see OS-1 Exhibit below).
5. No recreational vehicles, snowmobiles,boats or other personal recreation vehicles shall
be stored on the site unless provided for in a separate,designated and screened area. The
Applicant should comply with this requirement.
6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to
All Districts",of this title. The parking ratio the applicant used to calculate parking for
this development doesn't meet the current multi family standards. However, this
application was submitted prior to the adoption of the new ordinance so staff has
analyzed the parking based on the previous standards. Based on the previous code the
site was required to provide 191 total parking stalls with 90 of those being covered.
Based on the parking calculations provided by the applicant, the residential portion of
the development will have 236 spaces (in combination of carports, surface, driveways
Page 15
and garages)which exceeds code requirements. Further, on-street parking
(approximately 50 spaces)will be available along Publisher and Titanium. The
commercial portion of the development will have 55 parking spaces. "'n�M.Ti. adog a 10 foot Wde landseape buffer on the east boundary of the sotithern
most eemmereial lot and a plaza amm.
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 that they are providing the required items noted above.
The location of the directory and map of the development should be depicted on the site
plan submitted with the Certificate of Zoning Compliance application.
Common Open Space Design Requirements(UDC 11-4-3-27C):
The total baseline land area of all qualified common open space shall equal or exceed 10%
of the gross land area for multi-family developments of 5 acres of more.A minimum of 1.09
acres of common open is required to meet this standard.
Common open space areas are also required to comply with the standards listed in UDC I I-
4-3-27C.2,which state that open space areas must be integrated into the development as a
priority and not for the use of land after all other elements of the development have been
designed. These areas should have direct pedestrian access,be highly visible, comply with
CPTED standards and support a range of leisure and play activities and uses—irregular
shaped, disconnected or isolated open spaces do not meet the standard. Open space areas
should be accessible and well connected throughout the development(i.e. centrally located,
accessible by pathway and visually accessible along collector streets or as a terminal view
from a street). Open space areas should promote the health and well-being of its residents
and support active and passive uses for recreation, social gathering and relaxation to serve
the development. The proposed common open space meets these standards.
All multi-family projects over 20 units are required to provide at least one(1) common
grassy area of at least 5,000 s.f. in area that's integrated into the site design allowing for
general activities by all ages,which may be included in the minimum required open space.
The area shall increase proportionately as the number of units increase and shall be
commensurate to the size of the development as determined by the decision-making body.
The Applicant proposes five(5) central common open space areas throughout the
development in excess of this code requirement.
In addition to the baseline open space requirement,a minimum area of outdoor common
open space shall be provided as follows:
a. One hundred fifty(150) square feet for each unit containing five hundred(500)or
less square feet of living area.All units contain more than 500 square feet(sf.) of
living area.
Page 16
b. Two hundred fifty(250) square feet for each unit containing more than five hundred
(500) square feet and up to one thousand two hundred(1,200) square feet of living
area.A total of 91 units contain between 500 and 1,200 s.f of living area; therefore,
a minimum of 22,750 sf. (or 0.52 of an acre) of common open space is required.
c. Three hundred fifty(350) square feet for each unit containing more than one
thousand two hundred(1,200) square feet of living area.A total of 40 units contain
more than 1,200 sf.; therefore, a minimum of 14,000 sf. (or 0.32 acre) of common
open space is required.
At a minimum, a total of 36,750 sf. (or 0.84 of an acre) of qualified outdoor common
open space is required to be provided per this standard. In order to meet the baseline
requirement noted above and this standard, a total of 1.93 acres of qualified open space
is required(2.47 acres is provided). The revised open space exhibit submitted with
applieatienafter the Commission hearing exceeds the minimum code requirement
ftem the ealeulatiens as.thiy area doesn't meet Me minimum 20 feet dimens-iendl
Common open space shall be not less than four hundred(400) square feet in area, and shall
have a minimum length and width dimension of twenty feet(20').All of the green areas
depicted on the revised open space exhibit in Section VILE meet this requirement.
In phased developments,common open space shall be provided in each phase of the
development consistent with the requirements for the size and number of dwelling units.
The Applicant anticipates the multi family development will be constructed in 6 phases for
occupancy purposes.
Unless otherwise approved through the conditional use process,common open space areas
shall not be adjacent to collector or arterial streets unless separated from the street by a
berm or constructed barrier at least four feet(4') in height,with breaks in the berm or
barrier to allow for pedestrian access. (Ord. 09-1394, 3-3-2009,eff.retroactive to 2-4-2009)
None of the common open space areas are located adjacent to a collector or arterial street.
Site Development Amenities:
1. All multi-family developments shall provide for quality of life, open space and recreation
amenities to meet the particular needs of the residents as follows:
a. Quality of life:
(1) Clubhouse.
(2) Fitness facilities.
(3) Enclosed bike storage.
(4) Public art such as a statue.
(5) Dog park with waste station.
(6) Commercial outdoor kitchen.
(7) Fitness course.
(8) Enclosed storage.
b. Open space:
(1) Community garden.
Page 17
(2) Ponds or water features.
(3) Plaza.
(4) Picnic area including tables,benches, landscaping and a structure for shade.
c. Recreation:
(1) Pool.
(2) Walking trails.
(3) Children's play structures.
(4) Sports courts.
d. Multi-modal amenity standards:
(1) Bicycle repair station.
(2) Park and ride lot.
(3) Sheltered transit stop
(4) Charging stations for electric vehicles
2. The number of amenities shall depend on the size of multi-family development as
follows:
a. For multi-family developments with less than twenty(20)units,two(2)amenities
shall be provided from two (2) separate categories.
b. For multi-family development between twenty(20) and seventy-five (75)units,three
(3) amenities shall be provided,with one from each category.
c. For multi-family development with seventy-five (75)units or more, four(4)
amenities shall be provided,with at least one from each category.
d. For multi-family developments with more than one hundred(100)units,the decision-
making body shall require additional amenities commensurate to the size of the
proposed development.
3. The decision-making body shall be authorized to consider other improvements in
addition to those provided under this subsection D,provided that these improvements
provide a similar level of amenity. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005)
Proposed amenities include a clubhouse with a fitness facility, a swimming pool, an
outdoor lounge area, dog park, internal walking trails, community garden and passive
open space areas.Another amenity should be included in the development since the
applicant is proposing over 100 units. Of the amenities included in the development,
there isn't one listed from the multi-modal category above. Therefore, staff recommends
that the applicant add one additional amenity from the multi-modal category above and
include the amenity on the site plan submitted with the certificate of zoning compliance
application.
E. Landscaping Requirements:
1. Development shall meet the minimum landscaping requirements in accord with chapter 3,
"Regulations Applying to All Districts", of this title.
2. All street facing elevations shall have landscaping along their foundation. The foundation
landscaping shall meet the following minimum standards:
Page 18
a. The landscaped area shall be at least three feet(Y)wide.
b. For every three(3)linear feet of foundation, an evergreen shrub having a minimum
mature height of twenty-four inches(24") shall be planted.
c. Ground cover plants shall be planted in the remainder of the landscaped area.
The landscape plan submitted with the Certificate of Zoning Compliance application
should depict landscaping in accord with these standards.
F. Maintenance and Ownership Responsibilities: All multi-family developments shall record
legally binding documents that state the maintenance and ownership responsibilities for the
management of the development, including,but not limited to, structures,parking, common
areas, and other development features. The Applicant shall comply with this requirement.
Building Elevations(UDC 11-3A-19 I Architectural Standards Manual):
Conceptual building elevations were submitted for the proposed residential and commercial
structures, included in Section VII.G. The residential units are proposed to be 1-or 2-stories in
height, and the clubhouse and commercial buildings are also proposed to be a single-story in
height;building materials consist of a stucco in various colors,culture stone accents in various
colors,horizontal lap siding, and asphalt shingle roofing. Both the residential and commercial
uses complement each other as desired in the MU-C designated area. Staff is supportive of the
design for the development as proposed.As noted below compliance with the ASM is required.
A Certificate of Zoning Compliance and Design Review application is required to be
submitted for approval of the multi-family and commercial development to ensure
compliance with UDC standards and development provisions associated with this
application.Final design of all structures must comply with the design standards in the
Architectural Standards Manual.
VI. DECISION
A. Staff:
Staff recommends approval of the requested annexation with the requirement of a development
agreement,preliminary plat and conditional use permit with the provisions noted in Section V111,
per the Findings in Section IX. The Director has approved the private street request.
B. The Meridian Planning&Zoning Commission heard these items on April 6, 2023.At the public
hearing,the Commission voted to recommend approval of the subject AZ,PP, and CUP requests.
1. Summary of Commission public hearing_
a. In favor: Elizabeth Koeckeritz
b. In opposition:None
C. Commenting: Lorie Delaney,Dave Bailey,Matthew Riggs,Bev Montgomery,Jennifer
Jenks,Ritis Skinner,Carl Koonz,and Leann Richardson
d. Written testimony: See the public record. The City has received numerous letters in
opposition of this project.Areas of concern-density,traffic congestion, and extension
of the adjacent stub streets.
e. Staff presenting application: Bill Parsons
f. Other Staff commenting on application: Kurt Starman
2. Key issue(s)of public testimony
a. Public safety for the residents in the assisted livingf acility.
b. Extension of S. Titanium Ave and cut-through traffic.
c. Traffic congestion in the area.
Page 19
3. Key issue(s)of discussion by Commission.
a. Extension of S. Titanium Ave.
b. Traffic dispersion per the traffic study.
C. Coordination with the adjacent property to the south on traffic calming measures in S.
Titanium Ave.
4. Commission change(s)to Staff recommendation:
a. Commission modified DA provision c.to require the plat to be recorded prior to the
issuance of the first certificate of occupancy.
b. Commission required the applicant and the property owner to the south to coordinate on
traffic calming measures in S. Titanium Ave.
C. Commission modified Public Works ,general condition of approval 2.9.
5. Outstandingissue(s)ssue(s) for City Council:
a. None
C. The Meridian City Council heard these items on May 9. and June 20,2023. At the public hearing
the Council voted to approve the subject AZ.PP.and CUP requests.
1. Summary of the City Council public hearing:
a. In favor: Elizabeth Koeckeritz and Matt Riggs
b. In opposition:None
C. Commenting: Eric and Carol Gabrielson
d. Written testimony: None
e. Staff presenting application: Bill Parsons
f. Other Staff commenting on application: Bill Nary
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by City Council:
a. Elimination of the drive-through
b. Integration of the commercial and residential uses
c. Developing the property with all residential units
d. Dispersion of traffic through the development
e. Inclusion of larger/more trees within the development to create a boulevard look and
feel
f. Cross access with the southern property
1= Hours of operation for the drive-through
4. City Council change(s)to Commission recommendation:
a. Conditions of approval in Exhibit VIII.A updated per the memo dated June 15.2023.
Page 20
VII. EXHIBITS
A. Annexation Legal Description&Exhibit Map
Description for
R-15 Zone
Artisan Victory Market Subdivision
June 9,2023
A portion of the Southwest 1l4 of the Southwest 1l4 of Section 21.Township 3
North, Range f East, Boise Meridian,Ada County,Idaho more particularly described
as fr)IIrMR=
Commencing at the V4 corner common to said Sections 20 and 21,T.3N.,
R_1 E.,B.M.,from which the Section corner common to Sections 20,21,28 and 29
T.314„ R,1 E.,B.M.,bears South 00100'26'East.2,700-16 feet,thence on the west
boundary line of said Section 21,coincident with the centerine of S. Eagle Road,
South 00'00'26' East, 1.350.01 feet to the South ills comer common to said Sections
20 and 21 and the REAL POINT OF BEGINNING;
thence on the north boundary line of the 5outhwesl 10 of the Southwest 114 of
said Section 21 coincident with the south boundary of Bancroft Square Subdivision as
filed In Book 111 of Plats at Pages 16142 through 16144,records of Ada County,
Idaho,South 89°22'03"East,800,06 feet to the west boundary line of Sutherland Farm
Subdivision No.2 as filed in Book 89 of Plats at Pages 10242 through 10244,records
of Ada County,Idaho;.
thence on said west boundary line and the west boundary line of Sutherland
Farm Subdivision No_ 1 as filed in Book 86 of Plats at Pages 9806 through 9806,
records of Ada County,Idaho, South 00°00'26'East,786.42 feet to the Northeast
oornerof Inglewood Place Subdivision No. 1 as filed in Book 120 of Plats at Pages
18035 through 188$7,records of Ada County,Idaho;
thence on the north boundary line of said Inglewood Place gubc!Msion No. 1
and the westerly extension thereof,North 89°36'03"West,800.03 feet to the west
boundary line of said Section 21,coincident with the centerline of S. Eagle Road:
thence on said west boundary line.North 08°00'26"West, 769.68 feet to the
REAL POINT OF BEGINNING.
Carrtainirry 14.473 acres, more or less.
End of Description.
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Page 21
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Page 22
B. Preliminary Plat(dated: 03"�2310/22/2022)
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C. Landscape Plan&Fencing Plan(dated: 03�'�2306/07/2023)
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Page 26
D. Site Plan—Conditional Use Permit(dated: 03/1�5,1202306/09/2023) &Conceptual Phasing Plan
for Multi-Family Development
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Page 27
E. Common Open Space Exhibit(dated: 03/,c 90230n/,9/202306/5/2023)
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Page 28
F. Site Amenity Exhibit for Multi-Family Development
AMENITIES
A-Clubhouse and Pod
B-Dog Pare A-Schematic Clubhouse and Pool
C-Playground
D-Community Gardens
E-Open Space — -
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C-Playground D-Community Gardem
y
Page 29
G. Conceptual Building Elevations&Perspectives for Multi-Family Development
MODERN
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Now
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Page 30
HIP ROOF MODERN
CRAFTSMAN
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MEN
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Now
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Page 31
MODERN
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Page 32
MODERN
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Page 33
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. A Development Agreement(DA)is required as a provision of annexation of this property.
Prior to approval of the annexation ordinance, a DA shall be entered into between the City of
Meridian,the property owner(s) at the time of annexation ordinance adoption,and the
developer.
Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
Planning Division within six(6)months of the City Council granting the annexation. The DA
shall, at minimum, incorporate the following provisions:
a. Development of the subject property shall be generally consistent with the conceptual
development plan, site plan,preliminary plat,conceptual phasing plan,landscape plan,
open space and site amenity exhibits, and conceptual building elevations submitted with
the application contained herein.
b. The appheapA sha4l inelude a pla-za area in the commer-eial area tha4 ties in with the epe
ifAegrate the two open spaees. A pedem*ian shall also be provided to the
c. The final plat shall be recorded prior to issuance of Wilding pem itsthe first certificate of
occupancy for any structures within this development.
d. The site shall be r-estr-4 eted to only one drive through on the property as proposed.
Conditional use per- - B required prior-to eommeneement of the use.
Preliminary Plat:
2. The final plat shall include the following revisions:
a. Ineltide a note granting er-ess aeeesshngfess egfess easements between all eemmer-eial
lots in the sWadivision,Inglewood S4divisiea to the seiAh, and Eagle Read via a note OR
the
b. Depict all street landscape buffers in a common lot or on a permanent dedicated buffer
easement,maintained by the property owner,homeowner's association or business
owners' association as set forth in UDC 11-3B-7C.2a.A minimum 25 foot wide buffer is
required along S. Eagle Rd per the standards listed in UDC 11-3B-7C.1.
3. The landscape plan submitted with the final plat shall be revised as follows:
a. Landscaping is required within the street buffer as set forth in UDC 11-3B-7C. (See
updated standards)
b. Depict landscaping within common open space areas as set forth in UDC 11-3G-5B.3.
installed 10 feet 4,,m the p petty lifie-
4. Future development shall be consistent with the minimum dimensional standards listed in
UDC Tables 11-2A-7 for the R-15 district and UDC Table 11-2B-3 for the C-C zoning
district.
5. All waterways on this site shall be piped as set forth in UDC 11-3A-6B,unless otherwise
waived by City Council.
Page 34
6. The landscape plan submitted with the final plat shall include the detail mitigation plan in
accord with UDC 11-3B-10.
7. All structures on the property shall be removed for the site with development of the
subdivision.
8. Comply with all ACHD conditions of approval.
9. Comply with the private street standards in UDC 11-3F-4. The proposed private streets shall
be in a common lot. if thepr-iva4e street is proposed t i fAer-seet Eagle Rd. ply f r
alto....alive, ...liars a 15 days p r to the City r,., nei hear-in,..
10. Staff has concerns with the residential units on the east side of Titanium Ave, specifically
pedestrian safety. The residents on this side of the roadway will need to cross the street to
gain access to the main amenities. The applicant shall coordinate with ACHD and include
decorative crossings through this roadway and provide traffic calming at the Titanium
and Publisher intersection.This also includes coordinating with the property owner to
the south as testified at the public hearing.
Conditional Use Permit:
11. Compliance with the specific use standards listed in UDC 11-4-3-27: Multi-Family
Development.
12. The site/landscape plans included in Section VII shall be revised as follows:
a. All shafed driveways aleng the east side ef Titanium shall be a minimam width ef 20 fee
gar-ages.
b. All on-site service areas, outdoor storage areas,waste storage,disposal facilities, and
transformer and utility vaults shall be located in an area not visible from a public street,
or shall be fully screened from view from a public street in accord with UDC 11-4-3-
27B.2.
c. Depict the location of the property management office; maintenance storage area; central
mailbox location,including provisions for parcel mail,that provide safe pedestrian and/or
vehicular access; and a directory and map of the development at an entrance or
convenient location for those entering the development in accord with UDC 11-4-3-
2 7B.7.
d. Remove the 15 feet linear-open spaee along the seu4hei%pr-epei4y boundafy fFem the
"alifying open spaee ealeuWiens. A new open spaee exhibit is fe"ir-ed 15 days prior-to
open spaee standards.
e. Depict landscaping along all the foundation of all street facing elevations in accord with
the standards listed in UDC 11-4-3-27E.
f. Depict a minimum of 20 bicycle parking spaces per the standards listed in UDC 11-3C-
6G;bicycle parking facilities shall comply with the standards listed in UDC 11-3C-5C.
Bike racks should be provided in two central locations as proposed.
g. Depict a minimum of 3052-3-6 parking spaces for the multifamily development as
proposed.
Page 35
h. Provide amenities for the development as shown in Exhibit VII.F. The applicant shall
provide another amenity from the multi-modal category and provide a detail of the
amenity with the CZC submittal.
i. Minimum 7-foot wide sidewalks shall be provided where parking abuts sidewalks if
wheel stops aren't proposed to prevent vehicle overhang in accord with UDC 11-3C-5134;
if 7-foot sidewalks are proposed,the length of the stall may be reduced to 17 feet.
j. The applicant shall relocate the trash enclosure located on the north side of the parking
lot east of the pool and install a 5-foot wide sidewalk to provide a more direct connection
to the children play structure.
13. No recreational vehicles, snowmobiles,boats or other personal recreation vehicles shall be
stored on the site unless provided for in a separate, designated and screened area as set forth
in UDC 11-4-3-27B.5.
14. All multi-family developments shall record legally binding documents that state the
maintenance and ownership responsibilities for the management of the development,
including,but not limited to, structures,parking, common areas, and other development
features as set forth in UDC 11-4-3-27F. A recorded copy of the document shall be
submitted prior to issuance of the first Certificate of Occupancy for the development.
15. hi phased developments,common open space shall be provided in each phase of the
development consistent with the requirements for the size and number of dwelling units in
accord with UDC 11-4-3-27C.6.
16. A Certificate of Zoning Compliance and Design Review application is required to be
submitted for approval of the multi-family and commercial development to ensure
compliance with UDC standards and development provisions associated with this application.
B. PUBLIC WORKS
Site Specific Conditions of Approval
1. Project must submit Phasing Memo with construction drawings per Land Development Notes
associated with PREAPP-2021-0192. If project will be phased for occupancy,then separate Land
Development record will need to be submitted for review of the public utilities with each phase.
2. A streetlight plan will be required for the development of this property.
3. Remove main for manhole 133 and 134. Run sewer service directly to building for apartment
buildings.
4. Provide turn around area for manhole F 1 (turn around approximately the same as fire truck).
5. Common Driveways with four or more lots need to have a private sewer line that will be the
responsibility of the HOA. A manhole in the common driveway located at the property boundary
is required with a lid that states Private.
6. Sewer easement width varies depending on sewer depth. Sewer 0-15 ft deep require a 20 ft
easement, 16-20 ft a 30 ft easement, and 21-30 ft a 40 ft easement. Also see general note three
under Public Works General Conditions of Approval for additional easement requirements.
Page 36
7. When sewer and water easements are combined the width of the easement will vary depending on
sewer depth. Sewer 0-20 ft deep require a 30 ft easement,20-25 ft a 40 ft easement, and 25-30 ft
a 45 ft easement.
8. For water and sewer in parallel,if sewer depth is greater than 15', locate water main 5 ft from
edge of easement and center the sewer main between the water main and other edge of easement.
9. Ensure no permanent structures(trees,bushes,buildings, carports,trash receptacle walls, fences,
infiltration trenches,light poles, etc.)are built within the utility easement.
10. Ensure no sewer services pass through infiltration trenches.
11. Avoid having the water meters in hardscape. First option would be to have them in landscaping
where we can have at least 10 ft separation from the building and 10 ft easement(we are ok with
extended pigtails). If there is no suitable landscaping to meet that requirement then place the
meters as far from the building as possible and provide as close to 10 ft as possible.
12. Applicant to ensure that services up to the water meter have 20 ft easement. Carports and other
permanent structures cannot be with in easement. The areas of concern are the units north of
Loon Creek Ln and Publisher Ln.
General Conditions of Approval
2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department,and execute standard forms of easements for any mains that are required to
provide service outside of a public right-of-way. Minimum cover over sewer mains is three
feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall
be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
2.3 The applicant shall provide easement(s)for all public water/sewer mains outside of public
right of way(include all water services and hydrants). The easement widths shall be 20-feet
wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via
the plat,but rather dedicated outside the plat process using the City of Meridian's standard
forms. The easement shall be graphically depicted on the plat for reference purposes. Submit
an executed easement(on the form available from Public Works), a legal description
prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of
the easement(marked EXHIBIT A)and an 81/2"x I I"map with bearings and distances
(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a
Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this
document. All easements must be submitted,reviewed, and approved prior to development
plan approval.
2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water(MCC 12-13-8.3). The applicant should be required to use any existing
surface or well water for the primary source. If a surface or well source is not available, a
single-point connection to the culinary water system shall be required. If a single-point
connection is utilized,the developer will be responsible for the payment of assessments for
the common areas prior to prior to receiving development plan approval.
Page 37
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 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 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. ,
shall be appr-eved a-ad aefivated,read base appr-eved by the Ada Ceth,#y Highway Distfiet a-ad
the Final Plat for-this subdivision shall be r-eeer-ded,-prior-to applying for-building pemlits.
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.
Page 38
2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.17 Compaction test results shall be submitted to the Meridian Building Department for all
building pads receiving engineered backfill,where footing would sit atop fill material.
2.18 The design engineer shall be required to certify that the street centerline elevations are set a
minimum of 3-feet above the highest established peak groundwater elevation. This is to
ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above.
2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation
district or ACHD. The design engineer shall provide certification that the facilities have been
installed in accordance with the approved design plans. This certification will be required
before a certificate of occupancy is issued for any structures within the project.
2.20 At the completion of the project,the applicant shall be responsible to submit record drawings
per the City of Meridian AutoCAD standards. These record drawings must be received and
approved prior to the issuance of a certification of occupancy for any structures within the
project.
2.21 A street light plan will need to be included in the civil construction plans. Street light plan
requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A
copy of the standards can be found at
http://www.meridiancity.org/public—works.aspx?id=272.
2.22 The City of Meridian requires that the owner post to the City a performance surety in the
amount of 125% of the total construction cost for all incomplete sewer,water and reuse
infrastructure prior to final plat signature. This surety will be verified by a line item cost
estimate provided by the owner to the City. The surety can be posted in the form of an
irrevocable letter of credit,cash deposit or bond.Applicant must file an application for surety,
which can be found on the Community Development Department website. Please contact
Land Development Service for more information at 887-2211.
2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount
of 20% of the total construction cost for all completed sewer,water and reuse infrastructure
for duration of two years. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,
cash deposit or bond.Applicant must file an application for surety,which can be found on the
Community Development Department website. Please contact Land Development Service
for more information at 887-2211.
C. FIRE DEPARTMENT
https:llweblink.meridianciV.o.-glWebLinkIDocView.aspx?id=281216&dbid=0&repo=MeridianCit
X Meets all Fire Dept.requirements and is across the street from Station#4.
D. POLICE DEPARTMENT
No comments have been received.
E. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=282300&dbid=0&repo=MeridianCit
&y cr--1
Page 39
F. WEST ADA SCHOOL DISTRICT(WASD)
h yps://weblink.meridianciV.org/WebLink/Doc View.aspx?id=289314&dbid=0&repo=MeridianCit
X
G. BOISE PROJECT BOARD OF CONTROL
h yps://weblink.meridianciV.org/WebLink/Doc View.aspx?id=282195&dbid=0&repo=MeridianCit
X
H. DEPARTMENT OF ENVIRONMENTAL QUALITY
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=285810&dbid=0&repo=MeridianCit
X
I. PARK'S DEPARTMENT
https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=281205&dbid=0&repo=MeridianCit
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J. COMMUNITY DEVELOPMENT SCHOOL IMPACT
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K. ADA COUNTY DEVELOPMENT SERVICES
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L. IDAHO TRANSPORTATION DEPARTMENT(ITD)
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M. ADA COUNTY HIGHWAY DISTRICT(ACHD)
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N. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
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IX. FINDINGS
A. Annexation and/or Rezone(UDC 11-5B-3E)
Required Findings: Upon recommendation from the commission,the council shall make a full
investigation and shall,at the public hearing,review the application. In order to grant an
annexation and/or rezone,the council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive plan;
The Council finds the proposed zoning map amendment to the R-15 zone and subsequent
development is generally consistent with the Comprehensive Plan and the MU-C FL UM
designation.
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2. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The Council finds the proposed map amendment will allow for the development of residential
uses which will contribute to the range of housing opportunities in the City consistent with
the purpose statement of the residential districts in accord with the Comprehensive Plan.
3. The map amendment shall not be materially detrimental to the public health, safety, and
welfare;
The Council finds the proposed zoning map amendment should not be detrimental to the
public health, safety and welfare.
4. The map amendment shall not result in an adverse impact upon the delivery of services by
any political subdivision providing public services within the city including,but not limited
to, school districts; and
The Council finds the proposed zoning map amendment will not result in an adverse impact
on the delivery of services by any political subdivision providing public services within the
City.
5. The annexation(as applicable)is in the best interest of city.
The Council finds the proposed annexation is in the best interest of the City.
B. Preliminary Plat:
In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the
decision-making body shall make the following findings:
1. The plat is in conformance with the Comprehensive Plan;
The Council finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan in regard to land use and transportation. (Please see Comprehensive
Plan Policies in, Section IV of this report for more information)
2. Public services are available or can be made available and are adequate to accommodate the
proposed development;
The Council finds that public services will be provided to the subject property with
development. (See Section VIII of the Staff Report for more details from public service
providers)
3. The plat is in conformance with scheduled public improvements in accord with the City's
capital improvement program;
Because City water and sewer and any other utilities will be provided by the development at
their own cost, the Council finds that the subdivision will not require the expenditure of capital
improvement funds.
4. There is public financial capability of supporting services for the proposed development;
The Council finds there is public financial capability of supporting services for the proposed
development based upon comments from the public service providers(i.e.,Police,Fire,ACHD,
etc). (See Section VIII for more information)
5. The development will not be detrimental to the public health, safety or general welfare; and,
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The Council is not aware of any health, safety, or environmental problems associated with the
platting of this property. ACHD considers road safety issues in their analysis.
6. The development preserves significant natural, scenic or historic features.
The Council is unaware of any significant natural, scenic or historic features that exist on this
site that require preserving.
C. Conditional Use Permit(UDC 11-5B-6E)
The Commission shall base its determination on the Conditional Use Permit requests upon the
following:
1. That the site is large enough to accommodate the proposed use and meet all the dimensional
and development regulations in the district in which the use is located.
The Council finds that the subject property is large enough to accommodate the proposed
uses and dimensional and development regulations of the R-1 S zoning district(see Analysis,
Section Vfor more information).
2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord
with the requirements of this Title.
The Council finds that the proposed use is consistent with the future land use map
designation of MU-C.
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 Council finds the proposed design of the development, construction, operation and
maintenance should be compatible with the mix of other uses planned for this area and with
the intended character of the area and that such uses will not adversely change the character
of the area.
4. That the proposed use, if it complies with all conditions of the approval imposed, will not
adversely affect other property in the vicinity.
The Council finds that if the applicant complies with the conditions outlined in this report, the
proposed use will not adversely affect other property in the area. The Council should weigh
any public testimony provided to determine if the development will adversely affect other
properties in the vicinity.
5. That the proposed use will be served adequately by essential public facilities and services such
as highways, streets, schools, parks, police and fire protection, drainage structures, refuse
disposal,water, and sewer.
The Council finds that essential public services are available to this property and that the use
will be adequately served by these facilities.
D. Private Street(UDC 11-3F-5)
In order to approve the application,the Director shall find the following:
1. The design of the private street meets the requirements of this Article;
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The Director finds the proposed design of the private streets does comply with all of the
standards listed in UDC 11-3F-4.
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; and
Staff does not anticipate the proposed private streets would cause damage hazard or other
detriment to persons,property or uses in the vicinity if the streets are designed and
constructed in accord with the standards listed in UDC 11-3F-4B. The adjacent
neighborhoods will still have access through the development via a local street networkfor a
portion of the site.
3. The use and location of the private street shall not conflict with the comprehensive plan
and/or the regional transportation plan.
The Director finds the use and location of the proposed private streets does not conflict with
the regional transportation plan. A local street network is being provided with the
development to provide connectivity with adjacent neighborhoods which is desired in the
Comprehensive Plan.
4. The proposed residential development(if applicable)is a mew or gated development.
This finding is not applicable as this a multi family development and not a mew or gated
development.
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