Z - Approved Findings CITY OF MERIDIAN C�
E IDIAN ---
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND " AHO
DECISION& ORDER
In the Matter of the Request for Conditional Use Permit for Jump Creek South Apartments
consisting of 11 buildings and 44 multi-family units on 3.29 acres of land,Located at the Northwest
corner of N.Black Cat Road and W.McMillan Road(Parcel#SO428449815)in the R-15 Zoning
District,by Kent Brown Planning Services.
Case No(s).H-2023-0016
For the Planning& Zoning Commission Hearing Date of: July 20,2023 (Findings on August 3,
2023)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of July 20,2023, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of July 20, 2023, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 20,2023,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of July 20, 2023, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use
Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503).
2. The Meridian Planning&Zoning Commission takes judicial notice of its Unified Development
Code codified at Title 11 Meridian City Code,and all current zoning maps thereof. The City of
Meridian has,by ordinance, established the Impact Area and the Amended Comprehensive Plan
of the City of Meridian,which was adopted April 19,2011,Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s)received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this decision,which shall be
signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [JUMP CREEK SOUTH APARTMENTS—FILE H-2023-0016]
Page 1
upon the applicant,the Planning Department,the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of July 20,2023,incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the Planning &Zoning Commission's authority as provided in Meridian City Code § I I-
5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's request for Conditional Use Permit is hereby approved in accord with the
conditions of approval in the staff report for the hearing date of July 20,2023,attached as Exhibit
A.
D. Notice of Applicable Time Limits
Notice of Two(2)Year Conditional Use Permit Duration
Please take notice that the conditional use permit,when granted, shall be valid for a maximum
period of two(2)years unless otherwise approved by the City in accord with UDC 11-5B-6F.1.
During this time,the applicant shall commence the use as permitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval, and
acquire building permits and commence construction of permanent footings or structures on or
in the ground. For conditional use permits that also require platting,the final plat must be
signed by the City Engineer within this two(2)year period in accord with UDC I I-5B-6F.2.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-513-6.F.1,the Director may authorize a single extension of the time to commence the
use not to exceed one(1)two(2)year period.Additional time extensions up to two(2)years as
determined and approved by the Commission may be granted. With all extensions,the Director
or Commission may require the conditional use comply with the current provisions of Meridian
City Code Title 11.
E. Judicial Review
Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho
Code § 67-6521(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(I)(d) and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [JUMP CREEK SOUTH APARTMENTS—FILE H-2023-0016]
Page 2
G. Attached: Staff Report for the hearing date of July 20,2023
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [JUMP CREEK SOUTH APARTMENTS—FILE H-2023-0016]
Page 3
By action of the Planning&Zoning Commission at its regular meeting held on the 3rd day of
August ,2023.
COMMISSIONER ANDREW SEAL, CHAIRMAN VOTED
COMMISSIONER MARIA LORCHER,VICE CHAIRMAN VOTED
COMMISSIONER NATE WHEELER VOTED
COMMISSIONER JARED SMITH VOTED
COMMISSIONER PATRICK GRACE VOTED
COMMISSIONER MANDI STODDARD VOTED
COMMISSIONER ENRIQUE RIVERA VOTED
Andrew Seal, Chairman 8-3-2023
Attest:
Chris Johnson, City Clerk 8-3-2023
Copy served upon the Applicant,the Planning and Development Services divisions of the Community
Development Department,the Public Works Department and the City Attorney.
8-3-2023
By: Dated:
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [JUMP CREEK SOUTH APARTMENTS—FILE H-2023-0016]
Page 4
EXHIBIT A
C� fE COMMUNITY
N --
COMMUNITY DEVELOPMENT DEPARTMENT i4 H O
HEARING July 20,2023 V
Legend E-
DATE: , IW
Project Location
TO: Planning&Zoning Commission -:77
FROM: Stacy Hersh,Associate Planner -
208-884-5533
SUBJECT: Jump Creek South Apartments -
CUP
H-2023-0016
LOCATION: Northwest corner of N. Black Cat
jn. ap�l i 'I �•.A
Road and W. McMillan Road in 7
the SE 1/4 of the SE 1/4 of Section -
28,TAN.,R.1W. (Parcel
#S0428449815).
I. PROJECT DESCRIPTION
Conditional use permit for a multifamily development consisting of 11 buildings and 44 multi-family
units on 3.29 acres of land in the R-15 zoning district.
IL SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 3.29-acres(R-15 zoning district)
Future Land Use Designation Medium Density Residential(MDR)
Existing Land Use(s) Vacant
Proposed Land Use(s) Multi-Family Residential
Lots(#and type;bldg./common) One(1)multi-family residential building lot
Number of Residential Units 44 multi-family units—Eleven(11)two-story buildings
(type of units)
Density Gross—13.37 du/ac.
Open Space(acres,total Jump Creek Subdivision approved with 13.54 acres of common
[%]/buffer/qualified) open space which amounts to 15.73%
Amenities At a minimum,3 amenities are proposed—See the amenity
Exhibit in Section VII below. 6 amenities approved with Jump
Creek Subdivision No. 3—tot lots,multi-use pathway,
connection to pathway systems,and 5%additional open space.
Jump Creek No. 5 includes micro-paths and a tot lot.
Neighborhood Meeting date 3/15/2023
History(previous approvals) AZ-14-011,PP-14-013(Development Agreement(Inst.#2014-
105206);H-2018-0113);Jump Creek#1 FP-14-046;Jump Creek
#2 FP H-2016-0134;Jump Creek#3 FP H-2018-0113;Jump
Page 1
EXHIBIT A
Description Details Page
Creek#5 FP H-2020-0003;Jump Creek South PP H-2022-0006;
Jump Creek South FP-2022-0031;Jump Creek#6 FP-2022-0004
B. Community Metrics
Description Details Page
Ada County Highway
District
• Staff report(yes/no) Yes
• Requires ACHD No
Commission Action
es/no
Traffic Impact Stud es/no No
Access Access is proposed to N.Black Cat Road(arterial)via W.Daphne Street,a
(Arterial/Collectors/State local street connection at the very northeast corner of the site.
Hwy/Local)(Existing and
Proposed)
Existing Road Network N.Black Cat Road and W.McMillan Road are existing 2-lane arterial
streets.
Existing Arterial Sidewalks/ The arterial multi-use pathways along the Black Cat and McMillan
Buffers frontages is not complete;no buffers are existing.
Proposed Road The intersection of McMillan Road and Black Cat Road is scheduled in
Improvements the IFWP to be constructed as a multi-lane roundabout with 4-lanes on
the north/south legs and 2-lanes on the east/west legs and is currently in
design and the construction date has not been determined.
Police Service
• Development Location 7.3 miles from the Meridian Police Department
• Police Response Time 8:46 minutes
• Response Time Goal Response time goal for emergencies is within 3-5 minutes.
• Calls for Service 726 within a mile of the proposed development
• Other All multi-family units shall be clearly marked with addresses and unit numbers visible
day or ni ht for emergency response.
Wastewater •Flow is committed.
Water
•Distance to Service-Water available at site
•Pressure Zone- 1
•Estimated ERU-See Application
•Water Quality Concerns-None
•Project Consistent with Master Plan-Yes
•Impacts/Concerns-
•Fire hydrants require a 20'easement up to and 10'beyond the hydrant.
•The only hydrant on the site does not meet this.
•Water services require a 20'easement up to and 10'beyond the meter.
•The service should be centered in the easement so when you have two
meters each meter should have at least 10'to the edge of easement. This
is not met for any of the meters.This will also impact the carports as they
are not allowed within easements.
•Callout removal of the blow-off valve at the northern connection point
and western connection point to existing main.
Page 2
EXHIBIT A
C. Project Maps
Future Land Use Map Aerial Map
Legend Legend
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III. APPLICANT INFORMATION
A. Applicant:
Kent Brown,Kent Brown Planning Services—3161 E. Springwood Drive, Meridian,ID 83642
B. Owner:
C. Open Door Rentals, LLC— 1977 E. Overland Rd.,Meridian, ID 83642
D. Representative:
Same as Applicant
Page 3
EXHIBIT A
IV. NOTICING
Planning& Zoning
Posting Date
Newspaper Notification 7/3/2023
Radius notification mailed to
properties within 500 feet 6/30/2023
Public hearing notice sign posted
6/30/2023
on site
Nextdoor posting 6/29/2023
V. STAFF ANALYSIS
A. PROPERTY HISTORY&COMPREHENSIVE PLAN ANALYSIS:
Land Use:
This property is designated Medium-Density Residential(MDR)on the Future Land Use Map
(FLUM). This designation allows for dwelling units at gross densities of 3 to 8 dwelling units per
acre.
The subject property is one of two multi-family properties that was approved with the preliminary
plat(NOTE: the other R-15 zoned property is developed with similar units and density). The
gross density for the multi-family portion of the development is at 13.37 dwelling units to the
acre which is higher than the MDR designation of the Comprehensive Plan,however,this was
contemplated during the review and approval of the Jump Creek development.
The overall gross density for the Jump Creek development is approximately 4.54 dwelling units
to the acre, including the 44 multi-family units proposed with this development and the previous
approval of the 28 multi-family units,which is consistent with the MDR land use designation.
Proposed Use:
A two-story multi-family development containing 44 dwelling units consisting of eleven(11)
residential apartment buildings with a leasing/release office(400 square feet) serving to be used
by both multi-family developments once build-out of the project is complete. During the review
of the previous multi-family development,the applicant did commit on the record to constructing
the leasing office with this phase of development.
COMPREHENSIVE PLAN POLICIES:
Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be
applicable to this application and apply to the proposed use of this property(staff analysis in
italics):
• Encourage diverse housing options suitable for various income levels, household sizes, and
lifestyle preferences. (2.01.01).
This projectproposes 11 buildings units with 44 units total. This increases the diversity in
housing and meets the needs,preferences, and financial capabilities ofMeridian's present
and future residents.
• "Encourage a variety of housing types that meet the needs, preferences, and financial
capabilities of Meridian's present and future residents."(2.01.02D)
The proposed multi family apartments will contribute to the diversity of housing options in
both the City as a whole and specifically in this area.
Page 4
EXHIBIT A
• "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 apartments will contribute to the mix of housing types available in
the City. There is currently a mix of single family detached dwellings and multi family
apartments in this area.
• `Ensure development is connected to City of Meridian water and sanitary sewer systems and
the extension to and through said developments are constructed in conformance with the City
of Meridian Water and Sewer System Master Plans in effect at the time of development."
(3.03.03A)
The proposed development will connect to City water and sewer systems;services are
required to be provided to and through this development in accord with current City plans.
• "Maximize public services by prioritizing infill development of vacant and underdeveloped
parcels within the City over parcels on the fringe."(2.02.02)
The area surrounding this site has redeveloped except for the properties to the east.
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 are required to be
provided with development as proposed.
• "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 vacant land, 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.
Staff finds this development to be generally consistent with the Comprehensive Plan.
B. UNIFIED DEVELOPMENT CODE(UDC)ANALYSIS
Conditional Use Permit(CUP)—Multi-family Development(UDC 11-4-3-2 Specific Use
Standards:
A. Purpose.
1. To implement the goals and policies of the Comprehensive Plan:
a. Plan for safe, attractive, and well-maintained neighborhoods that have ample open space,
and generous amenities that provide varied lifestyle choices.
b. 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 as part of new multi-family residential and mixed-use developments.
2. To create multi-family housing that is safe and convenient and that enhances the quality of life
of its residents.
a. To create quality buildings and designs for multi-family development that enhance the
visual character of the community.
Page 5
EXHIBIT A
b. To create building and site design in multi-family development that is sensitive to and
well-integrated with the surrounding neighborhood.
c. To create open space areas that contribute to the aesthetics of the community,provide an
attractive setting for buildings, and provide safe,interesting outdoor spaces for residents.
B. Site design.
1. Buildings shall provide a minimum setback of ten (10) feet unless a greater setback is
otherwise required by this title and/or title 10 of this Code. Building setbacks shall take into
account windows, entrances,porches, and patios, and how they impact adjacent properties.
The proposed site plan complies with this standard.
2. All on-site service areas, outdoor storage areas, waste storage, disposal facilities, and
transformer and utility vaults shall be located in an area not visible from a public street, or
shall be fully screened from view from a public street. The site plan depicts screened trash
standards for only one (1) trash enclosure provided for the multi family development.
Staff recommends that the Applicant work with Republic Services to establish an approved
location for the trash enclosures,as well as,an adequate quantity of trash and recycle bins
to service this development prior to the submittal of the CZC Application. All proposed
transformer/utility vaults and other service areas shall comply with this requirement.
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 accessways shall not count toward this requirement.
In circumstances where strict adherence to such standards would create an inconsistency
with the purpose statements of this section,the Director may consider an alternative design
proposal through the alternative compliance provisions as outlined in section 11-5B-5 of this
title. The submitted elevations depict several outdoor patios and balconies that may qualify
for the requirement. The Architectural plan states a minimum of 80 square feet of private
usable open space will be provided for each unit in the form of decks and patios as depicted
on the floor plans(see Sections VILA and D.)
4. For this section, vehicular circulation areas, parking areas, and private usable open space
shall not be considered common open space. None of these areas were used in the open
space calculation.
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 adhere to this standard.
6. The parking shall meet the requirements outlined in chapter 3, "regulations applying to all
districts",of this title.See the parking section in the general analysis below.
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 provides 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.
Page 6
EXHIBIT A
The Applicant is proposing more than 20 units (44 units) so the Applicant is required to
provide the items above in compliance with this standard. The submitted plans depict the
location of these items.
C. Common open space design requirements.
1. The total baseline land area of all qualified common open spaces shall equal or exceed ten
(10)percent of the gross land area for multi-family developments of five (5) acres or more.
Because the site is only 3.29 acres, this standard does not apply.
2. All common open spaces shall meet the following standards:
a. The development plan shall demonstrate that the open space has been integrated into the
development as a priority and not for land use after all other development elements have
been designed.Open space areas that have been given priority in the development design
have:
(1) Direct pedestrian access;
(2) High visibility;
(3) Comply with Crime Prevention through Environmental Design(CTED) standards;
and
(4) Support a range of leisure and play activities and uses.
b. Open space shall be accessible and well-connected throughout the development. This
quality can be shown with open spaces that are centrally located within the development,
accessible by pathway and visually accessible along collector streets or as a terminal
view from a street.
c. The open space promotes the health and well-being of its residents. Open space shall
support active and passive uses for recreation, social gathering, and relaxation to serve
the development.
Staff finds the proposed open space areas within the Jump Creek developments comply
with these standards by providing open space that is well connected, highly visible, and
promotes health and well-being by supporting a range of leisure and play activities with
the proposed amenities and general design of the open space.See the submitted landscape
plan and rendering for a visual of compliance with this standard.
3. All multi-family projects over twenty(20)units shall provide at least one(1)common grassy
area integrated into the site design allowing for general activities by all ages. This area may
be included in the minimum required open space total. Projects that provide safe access to
adjacent public parks or parks under a common HOA,without crossing an arterial roadway,
are exempt from this standard.
a. Minimum size of the common grassy area shall be at least five thousand(5,000)square
feet in area.This area shall increase proportionately as the number of units increase and
shall be commensurate to the size of the multi-family 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.
b. Alternative compliance is available for these standards if a project has a unique targeted
demographic; utilizes other place-making design elements in Old-Town or mixed-use
future land-use designations with collectively integrated and shared open space areas.
Page 7
EXHIBIT A
The submitted plans include two open common grassy areas, each over 5,000 square feet
in size. These areas are situated next to the building on the north side and in front of the
Leasing Office. However, it's worth noting that these spaces are currently labeled as a
"surface drainage Swale"and a "subsurface vertical sand filter drainage.". According to
the Jump Creek Annexation and Development Agreement(Inst. #2014-105206);H-2018-
0113), the site was required to develop with a minimum of 15% open space (12.89 acres)
to include the following amenities:three(3)tot lots,internal walking paths,a 10 foot wide
multi-use pathway on the south side of W. Gondola Drive, and 5% additional open space.
Additionally, the Pathways Master Plan requires a 10 foot multi-use pathway to be
included as part of the development plan for this site. Both multi family developments
approved as part of the Jump Creek overall development have access to the common areas
and site amenities throughout the entire development.
4. 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 fewer
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 44 units are between 500 and 1,200 s.f.; therefore, a total of 11, sf. (or 0.25-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. None of the units are over 1,200 sf. of
living area.
Per this standard, a total of 11,000 sf. (or 0.25-acre) of common open space is required.
Because this site is below 5-acres in size, the baseline requirement in UDC 11-4-3-27C.1
does not apply.
As stated above, the submitted plans include two open common grassy areas. These
areas appear to be over 5,000 square feet in size and are illustrated as a drainage swale
and a subsurface sand filter drainage area. Additionally, a picnic area located behind
the leasing office is shown on the site Plan in Section VIII.A. Staff recommends that the
Applicant submit an open space plan that demonstrates compliance with UDC 11-4-3-
27.C.4.
5. 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(20)feet.
The common open space areas depicted/approved for the overall Jump Creek development
meet this requirement.
6. 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.
Staff is not aware of any phasing for the proposed project.
7. Unless otherwise approved through the conditional use process, common open space areas
shall not be adjacent to a collector or arterial streets unless separated from the street by a berm
or constructed barrier at least four (4) feet in height, with breaks in the berm or barrier to
allow for pedestrian access.
Page 8
EXHIBIT A
The Applicant is not including or requesting that the required 25 feet street buffer along N.
Black Cat Road(arterial roadway) and W. McMillan Road (arterial roadway) be included
as part of the open space calculations. However, these frontage improvements are required
with the development of the proposed multi family development.
D. Site development amenities.
1. All multifamily 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 a waste station.
(6) Commercial outdoor kitchen.
(7) Fitness course.
(8) Enclosed storage
b. Open space.
(1) Community garden.
(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 the multifamily development as follows:
a. For multifamily developments with less than twenty(20)units,two(2)amenities shall
be provided from two(2) separate categories.
b. For multifamily development between twenty (20) and seventy-five (75) units, three
(3) amenities shall be provided,with one(1) from each category.
Page 9
EXHIBIT A
c. For multifamily development with seventy-five (75) units or more, four (4) amenities
shall be provided,with at least one (1)from each category.
d. For multifamily 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.
To satisfy the specific use standards for the proposed 44 multi-family units,a minimum
of three amenities, one from each category, must be provided. According to the
submitted plans and narrative, the applicant believes they have included three
qualifying amenities,each from a different category.These proposed amenities consist
of a leasing/release office with an outdoor BBQ area (400 square feet) serving both
multi-family developments, a picnic area with tables, benches, landscaping, a shade
structure attached to the office, a bicycle repair station, a community garden, and
charging stations for electric vehicles. Additionally,there is a multi-use pathway that
surrounds the site, serving as another amenity. The Applicant meets the requirements
of UDC Code 11-4-3-27.D for the site.
E. Landscaping requirements.
1. Development shall meet the minimum landscaping requirements by chapter 3, "regulations
applying to all districts",of this title.
2. All street-facing elevations shall have landscaping along their foundation. The foundation
landscaping shall meet the following minimum standards:
a. The landscaped area shall be at least three(3)feet wide.
b. For every three (3) linear feet of foundation, an evergreen shrub having a minimum
mature height of twenty-four(24)inches shall be planted.
c. Ground cover plants shall be planted in the remainder of the landscaped area.
According to the submitted landscape plans, the Applicant is showing compliance with
this standard.
F. Maintenance and ownership responsibilities. All multifamily 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 and provide said document at the time of
CZC submittal.
Code Analysis—
Dimensional Standards(UDC 11-2A1:
The proposed development is required to comply with the dimensional standards listed in UDC
Table 11-2B-3 for the R-15 zoning district and those within the specific use standards for Multi-
family Development discussed above(UDC 11-4-3-27).
The R-15 zoning district has a minimum landscape buffer requirement of 25 feet to any adjacent
arterial street. The submitted concept plan shows this 25-foot landscape buffer to B. Black Cat
Road and W. McMillan Road are compliant with the required dimensional standards.
Page 10
EXHIBIT A
The R-15 zoning district has a maximum height limit of 40 feet. The submitted conceptual
elevations do not depict measurements but all buildings are proposed as two-story in height so
Staff is not concerned with the Applicant meeting this standard. With a future CZC application,
Staff will confirm conformance with the required dimensional standards of the R-15 zone.
The submitted plans show compliance with all dimensional and specific use standards, including
but not limited to, building height, setbacks, accesses, and required parking spaces. Staff
recommends that the Applicant reorient Building H to face south and move the lease/release
office space to face east in a central location within the development to improve accessibility
and convenience.
Existing Structures/Site Improvements:
There are no existing structures on the property. In addition,there is an existing 5-foot wide
attached sidewalk along W. Daphne Street that will be protected and maintained during
construction.
Access(UDC 11-3A-3):
All-access was previously approved with the Jump Creek preliminary plat. Primary access for this
project will occur from W. Daphne Street. which connects to N. Black Cat Road. There is
additional access through numerous roads in the Jump Creek Subdivision which eventually
terminate at W. Riva Capri Street into N. Maplestone Drive. Since the drive aisle within this
development is not classified as a private street, the street names shown on the site plan should be
removed. The common drive located on Lot 10, Block I of Jump Creek Subdivision No. 6 serves
as access for Lots 22 and 23, Block I of Jump Creek South Subdivision, and functions solely as a
secondary fire access point for the multi family development. Asper the Fire Department's
requirements, two bollards need to be installed on the property line of the multi family
development, spaced 20 feet apart. These bollards should be accompanied by a heavy chain and
Knox padlock on the property line of the multi family development. The buildings within this
development will have their addresses assigned based on W. Daphne Street. Furthermore, it is
recommended to place a wayfinding sign near the entrance of the multi family development to
provide clear directions.
Off-street Parking(UDC 11-3G&
Off-street parking for multi-family developments is required to be provided per the table in UDC
11-3C-6 based on the number of bedrooms per unit. The Applicant is proposing 46 units
consisting of 36 2-bedroom units and 8 3-bedroom units. In addition, one(1) guest space for
every 10 units is required per UDC 11-3C-6.
Based on the total number of units proposed and their bedroom count distribution, a minimum of
100 parking spaces, with a minimum of 44 of these spaces to be covered in a garage or by a
carport.According to the submitted site plan, the Applicant is proposing 100 spaces with 43 of
these spaces to be covered by a carport. The proposed parking just meets the minimum code
requirements; however, one additional covered parking stall should be added. Additionally, the
plan submitted is deficient in trash enclosures for this site, which may impact the proposed
parking.
Bicycle parking is required per the standards listed in UDC 11-3C-6G and should comply with
the standards listed in UDC 11-3C-5C. One bicycle parking space is required for every 25
proposed vehicle parking spaces or portion thereof. Based on 100 spaces, a minimum of 4 spaces
are required; a total of 6 spaces are proposed in excess of UDC standards. A detail of the
bicycle rack is included on the plans submitted. Staff recommends that the Applicant allocate
additional parking spaces within close proximity to the development to accommodate overflow
parking needs.
Page 11
EXHIBIT A
Sidewalks(UDC 11-3A-1 and pedestrian walkways (UDC 11-3A-19):
A 5-foot wide attached sidewalk is existing along W. Daphne Street connecting to the multi-
family development. The Applicant is also proposing attached sidewalks and other pedestrian
walkways throughout the entire site. Internal pedestrian walkways are required to be
distinguished from the vehicular driving surfaces through the use of pavers, colored or scored
concrete, or bricks per UDC 11-3A-19B.4b. The proposed pedestrian sidewalks shall be
constructed with a different material than the driving surface with the plans submitted the CZC
Application.
Pathways(UDC 11-3A-8):
A 10-foot wide detached multi-use pathway is required in within the landscape buffer along N.
Black Cat Road, from W. Daphne Street to the intersection at McMillian as part of the Pathways
Master Plan for this site. The pathway should be placed in a 14 foot wide public use easement,
which shall be submitted to the Planning Division prior to submittal for a Certificate of Zoning
Compliance.Additionally,the Applicant's Engineer shall provide written documentation that
the pathway segment was constructed per the recommended specifications in accordance with
UDC 11-3A-8 and UDC 11-313-12 prior to Certificate of Occupancy.
Landscaping is required along all pathways in accord with the standards listed in UDC 11-313-
12C.
Landscaping(UDC 11-3B):
The Applicant is required to construct 25-foot wide street buffers along N. Black Cat Road,an
arterial street, and along W. McMillan Road, another arterial street,in accordance with UDC 11-
3B-7.3. Landscaping is required within parking lots in accordance with the standards listed in
UDC 11-3B-8C.
According to the submitted landscape plans, all required landscaping appears to be shown
including the required number of trees adjacent to N. Black Cat Road, W. McMillan Road, and
within the parking lot islands, and next to drive aisles.A landscape strip a minimum of five(5)
feet wide shall be provided along each side of the pathway per UDC 11-3B-12.
Fencing(UDC 11-3A-6,11-3A- •
All fencing constructed on the site is required to comply with the standards listed in UDC 11-3A-
7. A 6-foot tall solid vinyl fence is proposed along the east and south sides of the development,
an existing fence is located on the north and west side of the development as shown on the
landscape plan. The landscape plan appears to be in compliance with this requirement.
Storm Drainage(UDC 11-3A-18 :
An adequate storm drainage system is required in all developments by the City's adopted
standards, specifications, and ordinances. Design and construction shall follow best management
practices as adopted by the City as outlined in UDC 11-3A-18. Storm drainage will be proposed
with a future Certificate of Zoning Compliance application and shall be constructed to City and
ACHD design criteria.
Pressurized Irrigation(UDC 11-3A-IS):
The Applicant is required to provide a pressurized irrigation system for the development in
accord with 11-3A-15.No irrigation plans have been submitted the CUP Application at this time
but Staff anticipates this will be handled with the future Certificate of Zoning Compliance that is
required prior to building permit submittal. Land Development will review these plans in more
detail at a later date when specific irrigation plans are submitted.
Page 12
EXHIBIT A
Building Elevations(UDC 11-3A-19 I Architectural Standards Manual):
The Applicant has submitted conceptual elevations of the future multi-family 4-plex buildings.
Multi-family residential projects require Administrative Design Review(DES)approval with
future applications so Staff will perform a thorough analysis at that time against the requirements
in the Architectural Standards Manual. Further, an application for a Certificate of Zoning
Compliance(CZC)will also be required to be submitted for this entire development before the
building permit submission.
Initial review of the conceptual elevations depicts multiple 4 plex buildings with varying roof
profiles and materials including stone,fiber-cement lap siding in different layouts, horizontal lap
siding, and fenestration. The elevations also depict the tallest portion of the buildings to face in
towards the site which appears to minimize the building massing facing adjacent properties.
VI. DECISION
A. Staff:
Staff recommends approval of the requested Conditional Use Permit per the conditions of
approval included in Section VIII in accord accordance with Findings in Section IX.
B. The Meridian Planning&Zoning Commission heard this item on July 20. At the public hearing
the Commission moved to approve the subject Conditional Use Permit request.
1. Summary of the Commission public hearing:
a. In favor: Kent Brown,Kent Brown Planning Services
b. In opposition:None
C. Commenting: Kent Brown,Kent Brown Planning Services
d. Written testimony: None
e. Staff presenting application: Stacy Hersh.Associate Planner
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by Commission:
a. Traffic concerns have arisen on McMillan Road and Black Cat Road due to the current
lack of roadway infrastructure to handle the volume of traffic with adding another
development.Additionally,the construction of the roundabout on this corner is not
scheduled to take place until 2028.
b. Concerns with overflow parking for this development.
4. Commission change(s)to Staff recommendation:
a. Add the following condition : The Applicant shall allocate additional parking spaces
within close proximity to the development to accommodate overflow parking needs or
reduce the number of bedrooms to accommodate additional parking.
Page 13
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Page 15
EXHIBIT A
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Page 16
EXHIBIT A
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Page 17
EXHIBIT A
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Page 18
EXHIBIT A
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
Conditional Use Permit:
1. The Applicant shall comply with the provisions in the existing Development Agreement H-
2018-0113) (DA Inst. #2014-1052061;H-2018-0113)); Jump Creek#1 FP-14-046;Jump
Creek#2 FP H-2016-0134; Jump Creek#3 FP H-2018-0113; Jump Creek#5 FP H-2020-
0003;Jump Creek South PP H-2022-0006; Jump Creek South FP-2022-0031; Jump Creek#6
FP-2022-0004)and all other previous conditions of approval.
2. The multi-family development shall have an ongoing obligation to comply with the specific
use standards listed in UDC 11-4-3-27.
3. A final plat shall be recorded for this development prior to occupancy of the first
structure within such plat.
4. With the future CZC application,the site plan included in Section VII.A, shall be revised as f
follows:
a. Depict a 10-foot wide multi-use pathway within the landscape buffer along N. Black Cat
Road, from W. Daphne Street to the intersection at McMillian Road per the Master
Pathways Plan on the plans submitted with the future Certificate of Zoning Compliance.
b. Provide the 10-foot wide pathway within a 14-foot wide public pedestrian easement and
submit to the Parks Department prior to submittal of a Certificate of Zoning Compliance
Application.
c. All transformer and utility vaults and other service areas shall be located in an area not
visible from a public street,or shall be fully screened from view from a public street in
accord with UDC 11-4-3-27B.2.
e. Applicant shall work with Republic Services to establish an approved location for the
trash enclosure, as well as,an adequate quantity of trash and recycle bins to service this
development prior to submittal of the CZC Application.
f. Reorient Building H to face south and move the Lease Office to face east in a
central location within the development to improve accessibility and convenience.
g. Remove the street names(N. Maplestone Dr. &N. Maplestone Lane)as well as the
depiction of"private street"from the common drive as shown on the site plan.
h. The common drive located on Lot 10, Block 1 of Jump Creek South Subdivision
functions solely as a secondary fire access point for the multi-family development; depict
two (2)bollards 20-feet apart on the property line accompanied by a heavy chain with a
Knox padlock.
i. Place a wayfinding sign near the entrance of the multi-family development to provide
clear directions.
j. Add one (1)additional covered parking stall to the site plan.
k. Include a detail of the bicycle rack should on the plans submitted with the CZC
Application.
Page 19
EXHIBIT A
1. The Applicant shall allocate additional parking spaces within close proximity to the
development to accommodate overflow parking needs or reduce the number of bedrooms
to accommodate additional parking.
3. With the future CZC application,the landscape plan included in Section VII.B shall be
revised as follows:
a. Depict a 10-foot wide multi-use pathway within the landscape buffer along N. Black Cat
Road, from W. Daphne Street to the intersection at McMillian Road per the Master
Pathways Plan on the plans submitted with the future Certificate of Zoning Compliance.
b. The Applicant shall construct a 25-foot wide landscape buffer adjacent to Black Cat Road
and McMillan Road in accord with UDC 11-3B-7C.
c. Reorient Building H to face south and move the Lease Office to face the east in a central
location within the development to improve accessibility and convenience
d. Remove the street names(N. Maplestone Dr. &N. Maplestone Lane)as well as the
depiction of "private street"from the common drive as shown on the landscape plan.
e. The Applicant shall submit an open space plan that demonstrates compliance with UDC
11-4-3-27.C.4.
f. Any existing landscaping installed with Jump Creek Subdivision should remain protected
during construction on the site per UDC 11-3B-10.
4. The Applicant shall comply with all specific use standards for the proposed use of Multi-
family Residential Development(UDC 11-4-3-27).
5. The Applicant shall obtain a Certificate of Zoning Compliance(CZC) and Administrative
Design Review(DES)approvals before submitting for any building permit within this
development along with providing elevations for the clubhouse,four-plex, and carports with
the first CZC.
6. At the time of Certificate of Zoning Compliance submittal,the Applicant shall submit a
recorded and legally binding document(s)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,per UDC 11-4-3-27F
standards.
7. Future development shall be consistent with the minimum dimensional standards listed in
UDC Table 11-2A-7 for the R-15 zoning district.
8. Off-street parking is required to be provided by both the standards listed in UDC Table 11-
3C-6 for multi-family dwellings based on the number of bedrooms per unit.
9. The Applicant shall comply with all ACHD conditions of approval.
10. Provide a pressurized irrigation system consistent with the standards as outlined in UDC 1I-
3A-15,UDC 11-3B-6, and MCC 9-1-28.
11. Upon completion of the landscape installation, a written Certificate of Completion shall be
submitted to the Planning Division verifying all landscape improvements are in substantial
compliance with the approved landscape plan as outlined in UDC 11-3B-14.
14. The conditional use approval shall become null and void unless otherwise approved by the
City if the applicant fails to 1) commence the use, satisfy the requirements,acquire building
permits and commence construction within two years as outlined in UDC 11-5B-6F.1; or 2)
obtain approval of a time extension as outlined in UDC 11-5B-6F.4.
Page 20
EXHIBIT A
B. PUBLIC WORKS DEPARTMENT
1. Site Specific Conditions of Approval
a. Ensure no sewer services cross infiltration trenches.
b. Sewer should be a minimum 1Oft from edge of easement
c. Ensure no permanent structures(trees,bushes,buildings,carports,trash receptacle walls,
fences,infiltration trenches,light poles, etc.)are built within the utility easement.
d. Fire hydrant laterals and water services up to the meter require 20'easement. Easement to
extend 10'past the fire hydrant/water meter. Locate water meters 10'from buildings.
e. Provide 20'water easement on the eastern portion of the road that extends from the southern
boundary to the northern boundary.
f. Water main must be at least 10'from any portion of buildings.
g. Water main must loop through the site from Ustick Rd to existing water main to the east.
h. There is an existing water meter in the northwest corner of the project that must be
abandoned if it is not used.
2. General Conditions of Approval
1. Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to
provide service outside of a public right-of-way. Minimum cover over sewer mains is three
feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall
be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2. Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
3. The applicant shall provide easement(s)for all public water/sewer mains outside of public
right of way(include all water services and hydrants). The easement widths shall be 20-feet
wide for a single utility, or 30-feet wide for two. Submit an executed easement(on the form
available from Public Works), a legal description prepared by an Idaho Licensed Professional
Land Surveyor,which must include the area of the easement(marked EXHIBIT A) and an
81/2"x 11"map with bearings and distances (marked EXHIBIT B)for review. Both exhibits
must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD.
4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water(UDC 11-3B-6). The applicant should be required to use any existing surface
or well water for the primary source. If a surface or well source is not available, a single-
point connection to the culinary water system shall be required. If a single-point connection is
utilized,the developer will be responsible for the payment of assessments for the common
areas prior to prior to receiving development plan approval.
5. Any structures that are allowed to remain shall be subject to evaluation and possible
reassignment of street addressing to be in compliance with MCC.
6. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be addressed
per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-
1207 and any other applicable law or regulation.
7. Any wells that will not continue to be used must be properly abandoned according to Idaho
Well Construction Standards Rules administered by the Idaho Department of Water
Resources. The Developer's Engineer shall provide a statement addressing whether there are
any existing wells in the development, and if so,how they will continue to be used, or
provide record of their abandonment.
Page 21
EXHIBIT A
8. Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment
procedures and inspections(208)375-5211.
9. All improvements related to public life, safety and health shall be completed prior to
occupancy of the structures.
10. 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.
11. 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.
12. Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
13. Developer shall coordinate mailbox locations with the Meridian Post Office.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.meridiancioy.oMIpublic works.aspx?id=272.
19. 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.
20. The City of Meridian requires that the owner post to the City a warranty surety in the amount
of 20%of the total construction cost for all completed sewer,water and reuse infrastructure
for duration of two years. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,
cash deposit or bond.Applicant must file an application for surety,which can be found on the
Community Development Department website. Please contact Land Development Service
for more information at 887-2211.
C. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https://weblink.meridianciU.orglWebLinkIDocView.aspx?id=297570&dbid=0&repo=MeridianC
ky
Page 22
EXHIBIT A
D. NAMPA MERIDIAN IRRIGATION DISTRICT(NMID)
https:llweblink.meridianciV.oL-glWebLinkIDocView.aspx?id=298841&dbid=0&repo=MeridianC
hty
E. MERIDIAN FIRE DEPARTMENT(MFD)
The entire common drive on Lot 10,Block I adjacent to the proposed fire access for the multi-
family development shall be signed "No Parking Fire Lane". A full fire plan review will be
required to be completed prior to construction.
F. MERIDIAN POLICE DEPARTMENT(MPD)
https:llweblink.meridianciU.oL-glWebLinkIDocView.aspx?id=297378&dbid=0&repo=MeridianC
Lty
G. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
https:llweblink.meridianciV.org/WebLink/DocView.aspx?id=297935&dbid=0&r0o=MeridianC
H. MERIDIAN PARKS DEPARTMENT
https:llweblink.meridianciU.or,g/WebLinkBrowse.aspx?id=297365&dbid=0&r0o=MeridianCit
X
I. COMMUNITY DEVELOPMENT-SCHOOL IMPACT TABLE
https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=29 7567&dbid=0&r0o=MeridianC
i &cr=1
J. IDAHO TRANSPORTATION DEPARTMENT(ITD)
No comments received.
IX. FINDINGS
A. Conditional Use Permit Findings (UDC 11-5B-6E1:
The commission shall base its determination on the conditional use permit request upon the
following:
1. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
Staff finds the submitted site plan shows compliance with all dimensional and development
regulations in the R-1 S zoning district in which it resides.
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 multi family development is consistent with the overall density
recommendations of the FL UM in the Comprehensive Plan and is allowed as a conditional
use in the R-1 S zoning district per UDC Table 11-2A-2.
Page 23
EXHIBIT A
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.
Despite the proposed use being different from the residential uses to the west and north, Staff
finds the site design, construction, and proposed operation and maintenance will be
compatible with other uses in the general neighborhood and should not adversely change the
essential character of the same area, so long as the Applicant constructs the site as proposed.
4. That the proposed use,if it complies with all conditions of the approval imposed,will
not adversely affect other property in the vicinity.
Staff finds the proposed use, if it complies with all conditions of approval imposed, will not
adversely affect other property in the vicinity.
5. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets,schools,parks,police and fire protection,drainage
structures,refuse disposal,water,and sewer.
Staff finds the proposed use will be served adequately by essential public facilities and
services because all services are readily available and ACHD have reviewed and approved
the proposed layout and traffic generation due to the intersection of McMillan Road and
Black Cat Road is scheduled on the IFYWP to be constructed as a multi-lane roundabout
with 4-lanes on the north and south legs and 2-lanes on the east and west legs
6. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
All public facilities and services are readily available for the subject site so Staff finds that
the proposed use will not be detrimental to the economic welfare of the community or create
excessive additional costs for public facilities and services.
7. That the proposed use will not involve activities or processes,materials, equipment,and
conditions of operation that will be detrimental to any persons,property,or the general
welfare because of excessive production of traffic,noise,smoke,fumes,glare,or odors.
Although traffic will increase in the vicinity with the addition of more residential units, Staff
finds the proposed use will not be detrimental to any persons,property, or the general
welfare.
8. That the proposed use will not result in the destruction,loss,or damage of a natural,
scenic,or historic feature considered to be of major importance.(Ord. 05-1170,8-30-
2005,eff. 9-15-2005).
Staff is unaware of any natural, scenic, or historic features within the development area,
therefore, Stafffinds the proposed use should not result in damage to any such features.
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