Driftwood Subdivision H-2023-0021 Findings CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI
DIAN
AND DECISION& ORDER
In the Matter of the Request for Conditional Use Permit for a Multi-family Development
Consisting of 57 Dwelling Units on 4.81-Acres of Land in the C-C Zoning District; and a Combined
Preliminary/Final plat(PFP)Consisting of One(1)Residential Building Lot,Two (2) Commercial
Building Lots and One(1)Other Lot,on 9.01-Acres of Land in the C-C Zoning District for
Driftwood Subdivision,by Brighton Development,Inc.
Case No(s).H-2023-0021
For the City Council Hearing Date of: August 8,2023 (Findings on August 22,2023)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of August 8, 2023, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of August 8,2023, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of August 8, 2023,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of August 8,2023,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
Community Development Department,the Public Works Department and any affected party
requesting notice.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR DRIFTWOOD SUBDIVISION CUP PFP H-2023-0021
- 1 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of August 8,2023, 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 Conditional Use Permit and Combined Preliminary&Final Plat is
hereby approved per the conditions of approval in the Staff Report for the hearing date of
August 8,2023,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 11-613-7A).
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-713).
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 11-
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.
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
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR DRIFTWOOD SUBDIVISION CUP PFP H-2023-0021
-2-
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 11-5B-6F).
E. Judicial Review
Pursuant to Idaho Code § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho
Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted, including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-6521(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 August 8,2023
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR DRIFTWOOD SUBDIVISION CUP PFP H-2023-0021
-3-
By action of the City Council at its regular meeting held on the 22nd day of August
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 8-22-2023
Attest:
Chris Johnson 8-22-2023
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 8-22-2023
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR DRIFTWOOD SUBDIVISION CUP PFP H-2023-0021
-4-
EXHIBIT A
STAFF REPORT
E IDAN�--
COMMUNITY DEVELOPMENT DEPARTMENT 1 !
H Q
HEARING August 8,2023 Legend �� �
DATE:
leiPFaject LacafiarULULD
TO: Mayor&City Council
FROM: Sonya Allen,Associate Planner
208-884-5533 --- -
SUBJECT: Driftwood Subdivision—CUP,PFP
H-2023-0021
1
LOCATION: 870 W.Ustick Rd., at the NWC corner off
W.Ustick Road and N. Venable Avenue,
in the SW 1/4 of Section 36,TA.,R.1W. HEM
I. PROJECT DESCRIPTION
Conditional Use Permit(CUP) for a multi-family development consisting of 57 dwelling units on 4.81 acres
of land in the C-C zoning district; and a combined preliminary/fmal plat(PFP) consisting of one(1)
residential building lot,two(2)commercial building lots and one(1)other lot, on 9.01 acres of land in the C-
C zoning district.
II. SUMMARY OF REPORT
A. Project Summary
Description Details
Acreage 4.81 acres
Future Land Use Des* nation Mixed Use-Community(MU-C)
Existing Land Use Vacant/undeveloped
Proposed Land Use(s) Multi-family residential&commercial
Current Zoning C-C(Community Business District)
Proposed Zoning NA
Lots(#and type;bldg/common) 3 building(1 residential&2 commercial)/1 common/other lot
Phasing plan(#of phases) 1
Number of Residential Units(type 57 multi-family(townhome style)units
of units)
Density(gross&net) 12 units/acre(gross)
Open Space(acres,total [%]/ 0.46-acre(required);0.48-acre(proposed)—not all is qualified.See Section
buffer/qualified) VIA for more information.
Page 1
Amenities Clubhouse,children's play structure and picnic area with a shade
structure.
Physical Features(waterways, An irrigation ditch runs along the southern boundary of the property adjacent
hazards,flood plain,hillside) to Ustick Rd.
Neighborhood meeting date 3/23/23
History(previous approvals) AZ-07-018 Settler's Square(Ord.#08-1364,DA Inst.#108059803);H-2016-
0074(MDA)(DA Inst.#2016-097989);H-2021-0072(MDA)(Settler's Square
DA Inst.#2022-008733—this DA replaced all previous DA's);A-2022-0111
(CZC for site improvements including an internal shared access drive-aisle with
detached sidewalk&associated landscaping and storm drainage).
B. Community Metrics
Description Details
Ada County Highway
District
• Staff report(yes/no) Yes
• Requires ACHD No
Commission Action
es/no
• TIS es/no No(not required)
• Existing Conditions Roadway Frontage Functional PM Peak Hour PM Peak Hour
Classification Traffic Count Level of Service
Ustick Road 635-feet Principal Arterial 1,045 Better than"D"
Venable Avenue 615-feet Collector 108 Better than"D"
'Acceptable level of service for a five-lane principal arterial is"E"(1,780 VPH).
`Acceptable level of service for a two-lane collector is"D"(425 VPH).
Ustick Rd.is improved with 5-travel lanes,vertical curb,gutter and 5' wide detached
sidewalk.There is 96' of ROW for Ustick Rd. (48' from centerline).
Venable Ave. is improved with 2-travel lanes and no curb,gutter or sidewalk
abuttin the site.There is 58' of ROW for Venable 30' from centerline).
• CIP/IFYWP There are no roadways,bridges,or intersections in the general vicinity of the project that are in the
District's Capital Improvement Plan(CIP).
• Venable Street is scheduled in the IFYWP to be established as a new bikeway corridor with
wayfinding/bikeway signage, pavement markings, and enhanced crossings at Ustick Road.
The design year is scheduled in 2024;no construction year has been determined at this time.
Access(Arterial/Collectors/State Access is proposed via Venable Ave.,an existing local street designated on
Hwy/Local)(Existing and Proposed) the MSM as a residential collector street;no access is proposed or allowed
via Ustick Rd.,an arterial street.
Proposed Road Improvements No improvements are proposed to Ustick Rd.; Venable is proposed to be
improved as'h of a 36' street section with curb,gutter and 7'wide attached
sideway within the existing ROW.
Estimated Trip Generation 1,717 trips per day
Fire Service
• Distance to Fire Station 1.8 miles from Station#3
• Fire Response Time This development currently falls in an area where we don't have total response times
that meet NFPA 1710 standards or adopted standards.
• Resource Reliability 77%(does not meet target goal of 80%or greater)
• Risk Identification 2(current resources would be adequate to supply service)
• Accessibility Meets required access,road widths and turnarounds.
• Special/resource needs Will require an aerial device; can meet this need.
Page 2
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III. APPLICANT INFORMATION
A. Applicant:
Josh Beach,Brighton Development,Inc.—2929 W.Navigator Dr., Ste. 400,Meridian,ID 83642
B. Owner:
Brighton Ustick,LLC—2929 W. Navigator Dr., Ste. 400,Meridian,ID 83642
C. Representative:
Same as Applicant
IV. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Newspaper notification
published in newspaper 6/21/2023 7/23/2023
Radius notification mailed to
property owners within 300 feet 6/9/2023, 6/20/2023 7/21/2023
Public hearing notice sign posted
6/24/2023 07/11/2023
on site
Nextdoor posting 6/8/2023 7/20/2023
V. COMPREHENSIVE PLAN ANALYSIS
LAND USE: The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates this
property as Mixed Use—Community(MU-C).
The purpose of the MU-C designation is to allocate areas where community-serving uses and dwellings are
seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential,
and to avoid mainly single-use and strip commercial type buildings.Non-residential buildings in these areas
tend to be larger than in Mixed Use Neighborhood(MU-N) areas,but not as large as in Mixed Use Regional
(MU-R) areas. Goods and services in these areas tend to be of the variety that people will mainly travel by
car to,but also walk or bike to (up to three or four miles). Employment opportunities for those living in and
around the neighborhood are encouraged. Developments are encouraged to be designed according to the
conceptual MU-C plan depicted in Figure 3C in the Comprehensive Plan(pg. 3-19).
Sample uses appropriate in MU-C areas include: All MU-N categories, community grocer,clothing stores,
garden centers,hardware stores,restaurants,banks,drive-thru facilities, auto service station, and retail shops,
and other appropriate community-serving uses. Sample zoning include: R-15, R-40, TN-R, TN-C, C-C, and
L-O.
TRANSPORTATION: The Master Street Map(MSM)depicts N. Venable Ave. as a residential collector street
and W.Ustick Rd., as a planned commercial arterial street.
PROPOSED USE: The Applicant proposes to develop the northern portion of this site with a 57-unit multi-
family development with townhome-style units and the southern portion of the site with commercial uses
consistent with the uses desired in MU-C designated areas. The proposed gross density of the residential
portion of the site is 12 units/acre,which is within the desired range in MU-C designated areas of 6 to 15
units/acre and consistent with the concept plan approved in the development agreement.
Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable
to this application and apply to the proposed use of this property(staff analysis in italics):
Page 4
• "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of
Meridian's present and future residents."(2.01.02D)
The proposed townhouse-style multi family units will contribute to the variety of housing types in this
area of the City.
• "Require appropriate building design, and landscaping elements to buffer, screen,beautify, and
integrate commercial,multifamily,and parking lots into existing neighborhoods."(5.01.02D)
The proposed design of the townhome-style units should be compatible with the design of adjacent
single-family homes. Perimeter landscaping is proposed along the north and northwest boundaries
along with a 6-foot tall vinyl fence to buffer the existing residential homes. The east/west driveway
through the site and associated landscaping should provide a transition to proposed residential and
commercial uses.
• "Permit new development only where it can be adequately served by critical public facilities and
urban services at the time of final approval, and in accord with any adopted levels of service for
public facilities and services."(3.03.03F)
City water and sewer services are available and can be extended by the developer with development
in accord with UDC 11-3A-21.
• "Avoid the concentration of any one housing type or lot size in any geographical area;provide for
diverse housing types throughout the City."(2.01.01G)
The proposed multi family townhouse-style units will contribute to the mix of housing types
available for rent in the City and in this area. There is currently a mix of single family detached
dwellings and multi family apartments and townhome-style units in this area.
• "Encourage compatible uses and site design to minimize conflicts and maximize use of land."
(3.07.00)
The proposed multi family use should be compatible with adjacent single-family uses as they're
residential in nature. The proposed site design with landscaping and fencing around the perimeter
should minimize conflicts and maximize use of land.
• `Ensure development is connected to City of Meridian water and sanitary sewer systems and the
extension to and through said developments are constructed in conformance with the City of
Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A)
The proposed development will connect to City water and sewer systems; services are required to be
provided to and though this development in accord with current City plans.
• "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels
within the City over parcels on the fringe."(2.02.02)
This is an infill development; development of this vacant site will result in more efficient provision of
public services.
• "Require urban infrastructure be provided for all new developments,including curb and gutter,
sidewalks,water and sewer utilities."(3.03.03G)
Urban sewer and water infrastructure and curb, gutter and sidewalks is required to be provided with
development as proposed.
• "Encourage and support mixed-use areas that provide the benefits of being able to live, shop, dine,
play, and work in close proximity,thereby reducing vehicle trips, and enhancing overall livability and
sustainability."(3.06.02B)
Page 5
The proposed multi family development is in close proximity to Settler's park, a convenience
store/gas station and other neighborhood services. Future development of the commercial portion of
the site should offer more variety of uses to serve area residents.
• "Slow the outward progression of the City's limits by discouraging fringe area development;
encourage development of vacant or underutilized parcels currently within City limits." (4.05.03B)
Development of the subject infill property, currently in the City limits, is encouraged over parcels on
the fringe of the City. The development of this property will result in better provision of City services.
VI. STAFF ANALYSIS
A. CONDITIONAL USE PERMIT(CUP)
A CUP is requested for a multi-family development consisting of 57 dwelling units on 4.81 acres of land
in the C-C zoning district. Townhome-style units in 15 separate structures are proposed in 3-and 4-unit
clusters consisting of a mix of 2-bedroom(13)and 3-bedrooms(44)with a minimum of 1,250 square
feet for each unit.
The existing Development Agreement(Inst. #2022-008731 for Settler's Square entitled this property to
develop with approximately 60 apartment units per the approved conceptual development plan.
Dimensional Standards: Future development is required to comply with the minimum dimensional
standards of the C-C zoning district in UDC Table 11-2B-3. The Applicant should confirm with the
Building Dept.the proposed building separation meets the minimum standards—a greater
separation or fire-rated walls will likely be required.
Phasing: The multi-family development is proposed to be constructed in one phase.
Access: Access is proposed via a driveway from N. Venable Ave.,a collector street, at the east boundary
and N. Buckstone Ave.,a local street,at the north boundary. Buckstone currently stubs to the north
boundary of this site.
Pathways: A multi-use pathway is depicted on the Pathways Master Plan(PMP) along the northern
boundary of this site;however,the Park's Dept. requests an alternate alignment for the pathway from the
sidewalk along Venable Ave. east/west through the site along the drive-aisle to the west property
boundary. The proposed 5-foot wide sidewalk is an adequate width but should be extended to the west
property boundary for future extension.A 9-foot wide public pedestrian easement should be recorded
for the pathway in accord with Park's Dept. requirements prior to issuance of Certificate of
Occupancy.
Fencing: A new 6-foot tall solid vinyl fence is proposed along the north and west sides of the
development as shown on the landscape plan.Fencing should comply with the standards listed in UDC
11-3A-7.
Specific Use Standards(UDC 11-4-3):
The proposed use is subject to the following standards: (Staffs analysis/comments in italic text)
11-4-3-27: MULTI-FAMILY DEVELOPMENT:
`B. Site Design:
1. Buildings shall provide a minimum setback of ten feet(10')unless a greater setback is otherwise
required by this title and/or title 10 of this Code. Building setbacks shall take into account
windows, entrances,porches and patios, and how they impact adjacent properties.A minimum
25 foot wide buffer to residential uses is required in the C-C zoning district per UDC Table
11-2B-3;therefore, all structures along the north and west boundaries adjacent to residential
Page 6
uses must be setback a minimum of 25 feet from the property line. The plans should be revised
to reflect compliance with this standard
2. All on-site service areas, outdoor storage areas,waste storage, disposal facilities, and
transformer and utility vaults shall be located in an area not visible from a public street, or shall
be fully screened from view from a public street.All proposed transformer/utility vaults and
other service areas shall comply with this requirement.A trash dumpster/enclosure should be
depicted on the site plan and should accommodate recycling.
3. A minimum of eighty(80) square feet of private,usable open space shall be provided for each
unit. This requirement can be satisfied through porches,patios, decks,and/or enclosed yards.
Landscaping, entryway and other access ways shall not count toward this requirement. In
circumstances where strict adherence to such standard would create inconsistency with the
purpose statements of this section,the Director may consider an alternative design proposal
through the alternative compliance provisions as set forth in section 11-5B-5 of this title.Floor
plans should be submitted with the Certificate of Zoning Compliance application that
demonstrate compliance with this standard.
4. For the purposes of this section,vehicular circulation areas,parking areas, and private usable
open space shall not be considered common open space. These areas were not included in the
common open space calculations for the site.
5. No recreational vehicles, snowmobiles,boats or other personal recreation vehicles shall be
stored on the site unless provided for in a separate, designated and screened area. The Applicant
shall comply with this requirement.
6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to All
Districts",of this title. The proposed parking meets and exceeds UDC standards per the analysis
below.
Based on(13)2-bedroom units and(44) 3-bedroom units,a minimum of 164 off-street parking
spaces are required, including guest parking,with 57 of those in a covered carport or garage.A
total of 194 spaces are proposed,with 84 of those in garages,which exceeds the minimum
standard by 30 spaces. Accessible parking is required in accord with ADA standards.
Based on 194 vehicle parking spaces provided,a minimum of eight(8)bicycle parking spaces
shall be provided in accord with the design standards listed in UDC 11-3C-5C. Five (5)exterior
bicycle rack spaces are proposed; a minimum of eight(8)parking spaces should be provided.
7. Developments with twenty(20)units or more shall provide the following:
a. A property management office.
b. A maintenance storage area.
c. A central mailbox location, including provisions for parcel mail,that provide safe pedestrian
and/or vehicular access.
d. A directory and map of the development at an entrance or convenient location for those
entering the development. (Ord. 18-1773,4-24-2018)
The Applicant's narrative states the clubhouse will include a property management/maintenance
office and provisions for mail delivery. The site plan/floor plan submitted with the Certificate
of Zoning Compliance application should depict the location of all of the aforementioned
items.
Page 7
C. Common Open Space Design Requirements(UDC 11-4-3-27C):
The total baseline land area of all qualified common open space shall equal or exceed ten(10)
percent of the gross land area for multi-family developments of five(5)acres or more.Because
this site is below 5 acres in size, this standard is not applicable.
In addition to the baseline open space requirement,a minimum area of outdoor common open
space shall be provided as follows:
a. One hundred fifty(150) square feet for each unit containing five hundred(500)or less
square feet of living area.None of the units are below 500 square feet(sf.) of living area.
b. Two hundred fifty(250) square feet for each unit containing more than five hundred(500)
square feet and up to one thousand two hundred(1,200) square feet of living area.All units
exceed 1,200 sf.
c. Three hundred fifty(350) square feet for each unit containing more than one thousand two
hundred(1,200) square feet of living area.All 57 units exceed 1,200 sf of living area;
therefore, a minimum of 19,950 sf. (or 0.46-acre) of common open space is required. A total
of 0-48-0.55-acre of qualified open space is proposed in accord with and exceeding this
standard. Additional open space totaling 0.53-acre is proposed, which doesn't meet the
design standards for qualified open space but does provide an additional benefit. is
eount tei�wrd the baseline epen zspaee whieh kn't required with this deiwleflm
Thereforv-, a revised open spoee exhibit that eonqgies with the minimum standard shou
be subinkMdPrior to the Gty Gouneil hearing that ewhides this area.
All multi-family projects over 20 units are required to provide at least one(1) common grassy
area integrated into the site design allowing for general activities by all ages that is a minimum
of 5,000 s.f. in area;the area shall increase proportionately as the number of units increase and
shall be commensurate to the size of the development as determined by the decision-making
body.Where this area cannot be increased due to site constraints, it may be included elsewhere
in the development(UDC 11-4-3-2 7C.3). The open grassy arva in both 4the open spoee arvas
is below 5,000&f. in area,—Staff recommends a minimum 14,250 sf, (or 0.33-acre) of common
grassy area is provided commensurate with the size of the development(i.e. 250 sf,per unit);
the plans should be rev&ed aeeordinglyptior to the City Council .Tv
.A revised open space exhibit was submitted
that depicts one(1) 5,283 s.f. common grassy area and other common grassy areas totaling
16,634 s;f (or 0.38-acre), which meets and exceeds the recommended area.
All common open space is required to meet the following standards,per UDC 11-4-3-27C.2:
The development plan shall demonstrate that the open space has been integrated into the
development as a priority and not for the use of land after all other elements of the development
have been designed. Open space areas that has 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. Irregular shaped, disconnected or isolated open spaces shall not meet this
standard.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
Page 8
support active and passive uses for recreation, social gathering and relaxation to serve the
development.
Common open space shall be not less than four hundred(400) square feet in area,and shall have
a minimum length and width dimension of twenty feet(20'). The common open space areas
depicted on the open space exhibit in Section VIII.B meet this requirement.
In phased developments, common open space shall be provided in each phase of the
development consistent with the requirements for the size and number of dwelling units. This
project is proposed to develop in one phase.
Unless otherwise approved through the conditional use process,common open space areas shall
not be adjacent to collector or arterial street buffers unless separated from the street by a berm or
constructed barrier at least four feet(4)in height,with breaks in the berm or barrier to allow for
pedestrian access. The common open space proposed where the clubhouse and tot lot are located
is adjacent to Venable Ave., a collector street. Therefore, a berm or constructed barrier should
be provided in accord with this requirement.
D. Site Development Amenities:
All multi-family developments shall provide for quality of life,open space,and recreation amenities
to meet the particular needs of the residents as noted in UDC 11-4-3-27D.1. The number of
amenities shall depend on the size of the multi-family development based on the number of units.
For multi-family developments between 20 and 75 units, such as this, a minimum of three(3)
amenities shall be provided with at least one (1)from each category.
The following amenities are proposed from each of the following categories: 1)Quality of Life—
clubhouse; Open Space—picnic area with a table and shade structure; and Recreation—children's
play structure. The proposed amenities meet the minimum standards.
E. Landscaping Requirements: Development shall meet the minimum landscaping requirements in
accord with chapter 3, "Regulations Applying to All Districts", of this title. Additionally, all street
facing elevations shall have landscaping along their foundation that complies with the standards
listed in UDC 11-4-3-27E.2,which requires a landscape area at least 3-feet wide planted with one
evergreen shrub every three(3)linear feet that has a mature height of 24-inches with ground cover
plants in the remainder of the landscaped area. The landscape plan submitted with the Certificate of
Zoning Compliance application should be revised to include evergreen shrubs in accord with this
standard.
Landscaping is required to be provided along all pathways per the standards listed in UDC 11-3B-
12C, which require a mix of trees, shrubs, lawn, and/or other vegetative groundcover within 5-
foot wide strips on each side of the pathway;depict landscaping per these standards along the
east/west pathway adjacent to the drive aisle.
Street buffer landscaping is required along N. Venable Ave., a collector street, in accord with the
standards listed in UDC 11-3B-7C with development of the subdivision. Landscaping should be
depicted on the plan in accord with the aforementioned standards.
A 25 foot wide buffer is required to adjoining residential uses in the C-C zoning district,per UDC
Table 11-2B-3 as shown on the site plan; the landscape plan incorrectly depicts a I5 foot wide
buffer which should be revised Landscaping is required to be installed within the buffer in accord
with the standards listed in UDC 11-3B-9C.All buffer areas are required to be comprised of, but
not limited to, a mix of evergreen and deciduous trees,shrubs,lawn, or other vegetative ground
cover that results in a barrier that allows trees to touch within five(S)years of planting. Trees that
will not touch until maturity outside of this timeframe must be supplemented with additional
Page 9
materials such as tall columnar evergreen shrubs, or other qualifying materials.A 10 foot wide
public utilities,property drainage, and pressure irrigation easement is designated along the
boundary of the subdivision, which prohibits trees within the easement—all trees should be
planted outside of the easement area.
F. Maintenance and Ownership Responsibilities: All multi-family developments shall record legally
binding documents that state the maintenance and ownership responsibilities for the management of
the development, including,but not limited to, structures,parking, common areas, and other
development features." The Applicant shall comply with this requirement;a copy of such shall be
submitted to the Planning Division prior to issuance of the first Certificate of Occupancy within
the development.
Building Elevations(UDC I1-3A-19 I Architectural Standards Manual): Conceptual building elevations
were submitted for the 2-story alley-loaded and front-loaded townhome-style units and the clubhouse as
shown in Section VIII.0 below. Building materials appear to consist of stucco and horizontal siding in
two (2)different colors with stone veneer accents. These elevations are generally consistent with those
included in the existing Development Agreement(DA) as required.
Final design of all structures is required to comply with the design standards in the Architectural
Standards Manual and will be reviewed for compliance with these standards with the Design Review
application. Compliance with the building code requirements for separation between structures
within the development is required.
B. PRELIMINARY PLAT/FINAL PLAT(PFP):
The proposed combined preliminary/final plat(PFP)consists of one (1)residential building lot,(2)
commercial building lots and(1)other lot on 9.01 acres of land in the C-C zoning district as shown in
Section VIII.D.
Existing Structures/Site Improvements: There are no existing structures on this property.
Dimensional Standards(UDC 11-2): Future development is required to comply with the dimensional
standards listed in UDC Table 11-2B-3 for the C-C zoning district.
Access: Access is proposed via a driveway from N. Venable Ave., a collector street, at the east boundary
and N. Buckstone Ave., a local street, at the north boundary. Buckstone currently stubs to the northern
boundary of this site. An east/west drive aisle was previously approved with the site improvements (A-
2022-0111)on Lot 2,Block 1. The plat depicts a name for this access driveway,which should be
removed as this road is a drive aisle and wasn't approved as a public or private road.If the
Applicant wishes to name this road,a private street application should be submitted.
A cross-access easement is required to be granted to the property abutting the southwest property
boundary(Parcel#SO436346613) as set forth in the existing Development Agreement.A copy of
the recorded easement shall be submitted to the Planning Division prior to issuance of Certificate
of Occupancy for the western commercial pad site OR when Parcel#SO436346613 developers,
whichever occurs first.
Landscaping(UDC 11-3B): A 25-foot wide street buffer is required along W. Ustick Rd., an arterial
street, and a 20-foot wide street buffer along N. Venable Ave., a collector street, as depicted on the
landscape plan. These buffers shall be depicted on the plat in common lots or dedicated buffer
easements,maintained by the property owner,homeowner's association or business owner's
association as set forth in UDC 11-3B-7C.2a.The buffers should be measured from the back of curb
per UDC 11-3B-7C.la(2).
There are no existing trees on the site that require mitigation.
Page 10
Sidewalks(11-3A-17): A 5-foot wide detached sidewalk is required along N. Venable Ave.,designated
as a residential collector street on the Master Street Map, as proposed in accord with UDC 11-3A-17. A
5-foot wide detached sidewalk exists along W.Ustick Rd., an arterial street.
Pathways: A multi-use pathway is required by the Park's Dept. from the sidewalk along Venable Ave.
east/west through the site along the drive-aisle to the west property boundary. The proposed 5-foot wide
sidewalk is an adequate width but should be extended to the west property boundary for future extension.
A 9-foot wide public pedestrian easement should be recorded for the pathway in accord with Park's
Dept. requirements and referenced on the final plat.
Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-7. The landscape
plan depicts 6-foot tall existing fencing along the northern boundary of the site;the Applicant proposes
to coordinate with the adjacent property owners to replace the fence with a new 6-foot tall vinyl fence.
Six-foot tall vinyl fencing is also proposed along the west boundary of the residential portion of the
development(i.e. Lot 1,Block 1).
Waterways: There is an irrigation ditch that runs along the southern boundary of this property that is
required to be piped or otherwise covered as set forth in UDC 11-3A-6B.3.
Utilities(UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC
11-3A-21.
Street lighting is required to be installed in accord with the City's adopted standards, specifications and
ordinances.
Pressurized Irrigation System (UDC 11-3A-15): Underground pressurized irrigation water is required
to be provided to each lot within the subdivision as set forth in UDC 11-3A-15.
Storm Drainage(UDC 11-3A-18):An adequate storm drainage system is required in all developments
in accord with the City's adopted standards, specifications and ordinances.Design and construction shall
follow best management practice as adopted by the City as set forth in UDC I I-3A-18. A storm
drainage calculations and Geotechnical Investigation report was submitted with this application.
VII. DECISION
A. Staff:
Staff recommends approval of the proposed conditional use permit(CUP)and combined preliminary and
final plat(PFP)per the provisions in Section IX in accord with the Findings in Section X.
B. The Meridian Planning&Zoning Commission heard these items on July 6,2023.At the public
hearing,the Commission moved to recommend approval of the subject CUP and PFP requests.
1. Summary of Commission public hearing_
a. In favor: Mike Wardle and Jon Wardle,Brighton Development
b. In opposition: Letter and petition submitted by Jessica Lords with 373 signatures.
C. Commenting: Patrick McCabe
d. Written testimony: Jessica Lords; Mike Wardle, Brighton Development(Applicant,)—in
agreement with the staff report except for the requirement of a multi-use pathway,
which he requests be removed.
e. Staff presenting application: Sonya Allen
f. Other Staff commenting on application: None
2. Key issue(s)of public testimony
a. Safety concerns pertaining to added traffic trying to get out onto Ustick Rd. and
pedestrians truing to cross Ustick Rd.;
Page 11
b. Removal of the requirement for a public pathway to be provided across the site and
reason for removal. Possible alternate location for pathway
C. Desire for a traffic signal to be provided at Ustick/Venable and a safe pedestrian
crossing across Ustick Rd.
3. Key issue(s)of discussion by Commission:
a. In favor of the mix of residential/commercial uses,transition to existing residential uses
and townhome-style units proposed.
4. Commission change(s)to Staff recommendation:
a. At the Applicant's request and with concurrence from the Park's Dept.,delete
conditions(i.e. #1.8d,#1.8i,#2.1c and#2.1.5)pertainin to o requirement of a multi-use
pathway on this site.
b. Include a requirement for a(private)pathway t�provided through the commercial
portion of the development to the southwest boundary of the site for interconnectivity
(see condition#2.3d in Section IX).
5. Outstandingissue(s)ssue(s) for City Council:None
Note: The Applicant submitted an open space exhibit as requested, included in Section
VIII.B, that depicts a total of 1.08-acres of common open space—24,128 s.f. (or 0.55-acre)
of which qualifies toward the minimum requirement. A 5,283 s.f open grassy area and
other open grassy areas totaling 16,635 s.f (red&blue areas depicted on the exhibit are
proposed, which complies with and exceeds the recommended area for the size of the
development.Additional open space is provided at the rear of the perimeter units (green
areas on the exhibit)above the minimum requirement.
C. The Meridian Citv Council heard these items on August 8,2023.At the public hearing.the
Council moved to approve the subject CUP and PFP requests.
1. Summary of the City Council public hearing:
a. In favor: Jon Wardle,Brighton Development
b. In opposition: Martha Lawrence:Jessica Lords: David Phillips
c. Commenting:None
d. Written testimony.None
e. Staff presenting_application: Sonya Allen.Planning
f Other Staff commenting on application: Shawn Harper,Police Dept.: Joe Bon jomo•
Fire Dept.: Caleb Hood.Planning
2. Key issue(s)of public testimony:
a. Request for denial of application based on the large amount of residential units that
already exist and have been approved in this area and concerns pertaining to increased
traffic and capacity of area schools-
b. Against proposed development due to safety concerns for children with traffic cutting
through the neighborhood to the north via Buckstone: increased traffic on adjacent
streets and safety concerns at the Ustick/Venable intersection:
C. Against more residential units,especially for rent,in this area:preference for
commercial use of the property.
3. Key issue(s)of discussion by City Council:
a. Desire for Staff/Applicant to work with ACHD on reconfiguring the Ustick/Venable
intersection and inclusion of a traffic signal at the intersection:
b. The possibility of adding traffic calming in the development to the north to address
safety concerns with cut-through traffic:
c. In favor of the design of the proposed residential units and the uses proposed within the
development:
Page 12
d. Relocation of the common area adjacent to Venable to a more central location awav
from the street or at a minimum, a fence along Venable for safety.
4. City Council change(s)to Commission recommendation:
a. Council strongly recommends the Applicant collaborate with City Staff and ACHD in
regard to the concerns discussed at the Council hearing pertaining to Venable Ave. and
the UstickNenable intersection. Council required fencing to be installed along Venable
adjacent to the common area and requested the Applicant consider relocating the tot lot
to an internal common area away from the street(see condition#1.8k1.
Page 13
VIII. EXHIBITS
A. Site Plan(dated: 4/20/23)
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Page 14
B. Landscape Plan(dated: 2/28/23)&Open Space and Amenity Details
1
. ..
Vicinity Map ---
0
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RESIDENTIAL AREA =4- I T
ZONING -C-C FuT RE mu y 7�
TGWNHOME VN1T5 =5T TGTRL r.�„Y1rT+
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COMMERCIAL AREA =3.1f7-1 ACRESti-
ZONiNG �G-C FLTJRE MU-I Q
— ---- x
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tc Dcve lopment
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•
Features 4p
' Wegt Wkid Ar�R Street. m
COMMERCIAL AREA
NOT A PART
t _
lip
WEST USTICK ROAD .
D o a o D O �� Ct ENGIN4ERING � _SOUTH
BECK&
BECKS
6AIRO
Page 15
LANDSCAPE NOTES: sETTLFRS PARK sueolwslaN j
A PARGEL OF LAND RTC W.NSTIGK RG i
DIN
— —r ———— �r .o'=�•`V®�M` � SEG ION W.T.4N..R.1W..
' I{ AFRIIRIL MERIGUW, I 1N1Y1WJi0 ��
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-,•VICINF-YMAP .:.�,..�.
i y
SITE DEVELOPMENT FEATURES
IRRIGATION NOTES.
1 ! LANDSCAPING INFORMATION
1 I � . ....•�,m�,ro�.�,. �m ,�..�. a °"
I
SHEET L1.3 I SHEET L1.4I
DISCLAIMER�
O
L——====R=——'————————— w b:
Jl LANDSCAPE SHEET INDEX
A\OVERALL LANDSCAPE PLAN - n��J' sEE SNE-
L10 0-fOVFRALLLANosf.APE-N '�'•^ D
• Lt.1i1.4 DETAILED LANUSCJIPE PLIXNS
• LiR-121LAN0.5CAPE GEfA1L5 DEVELOPER ENGINEER LANGSGAPE
ARGHITEGT
n_
a
LANDSCAPE LEGEND I
\ 1 V PLANT SCHEDULE
�d
CALLOUT LEGEND
--- C .a.o pp.W oa w,
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` v . q{ o� rail I
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_ -/ll LANDSCAPE PLAN 'F,.,a��J L1.2
LANDSCAPE LEGEND 0 i
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PLANT SCHEDULE— DIY e� I
NOT A PARTID
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CALLCUT LEGEND
LANDSCAPE PLAN ,, 7L1.3]E
1
Page 17
LANDSCAPE LEGEND I
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�� --- NhTCHIINE-SEE LI.YT wn � ---mu.uo
I � WEST WIN�CRIFT STREET -_- -_--HM1TCHME-SEELI.4 I
__ I _- ___ __ __ r _ _ _ __ __ '•I.`: II� i J —..—wuw za � n. 9�R � I
3
..1. w.xwarxwom f
PLANT SCHEDULE
[1"
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NOT A PART —
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CALLOUT LEGEND
n..,.w. 0
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1 f�11 L4NL79CAPE PL4N F,.,W I"
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owa�3 i
FINNYL FENCE PANEL p`���'j a �~ lnmm Ly
10
�z DECIDUOUS TREE PLANING p_-. �SHRl1B PL14N�ING pW-��
- y ePILna4 _ G
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. - CONIFEROUSTREE PLANTING 7 PLWW RBBED CUT EDGE 7L2 0]
Page 18
—MIN �.
mmea ..MIN OMAGLIN—
L Rid i
n TYPICALPICNICTA&EDETAIL (1TYPICAL TRASH CONTAINER DETAIL (1TYPICALRENCHDETAFL
SITE FURNISHING NOTES .euuoeom
4 1U'X10'GAZEBO STRUCTURE
TYPICAL BIKE RAGI( ....m�,......a�...e L2.1
{
GROOVE II SLIDE
718-638-4 '
(2)SOU ARE FUN FONE O
ROOF-SHINGLE VERTICAL LADDER 718-994
718-861-4 718-815
CRITTER PUZZLE
PANEL
718-763-1 4' 4' SQUARE TRANSFER
DECK ARCH BRIDGE DECK POINT.4'DECK
STORE FRONT e-s 9 718-070-9 718-so2-9 718-851-49
(BELOW DECK)
718-713-78
STEERING WHEEL y~
FUN FORE (POST MOUNT)
718-994 718-900-Pl
45'SLOPED
CLIMBING WALL
718-757-34
5
5}
BUMP&GLIDE SLIDE 4 !
Plavawacapapinaoao 71a-728-7za-a
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pprrpmole anO popnpuY vnl eOy pAGren N�ace rzppmmgnOslAe m40m NeXXera Mwsv sahy 59n oroNerroproprrtv salerysgnaP na ^ {I eecl�playsys rNs main en9y poPMlsl io lnbmt pamnti and superclsorsWNe apeappopAaleneas Wlh plrysystem anA geewl roles lw sale play. {�.f]
THE PLAY COMPONENTS IDENTIFIED IN THIS PLAN 718-S165 COMPLIES TO CPSC DESIAGNES FOR SCALE:
ARE IPEMA CERTIFIED,THE USE AND LAYOUT OF
THESE COMPONENTS CONFORM TO THE 2-12
REQUIREMENTS OFASTM F1487, GROUND SPACE: 21' naes on�-X 19' COMPLIES TO ASTM DATE: 9/25/2016 -
AN ENERGY ABSORBING PROTECTIVE SURFACE IS PROTECTIVE AREA: 32'X 31' ,/ COMPLIES TO ADA � ""','Ty
•F HImtratwe ur w an6
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REQUIRED UNDER 6 AROUND ALL PLAY SYSTEMS, n� D 0 AR or P P
Page 19
Revised Open Space Exhibit(dated: 8/2/23):
Description Quanti
❑ Large Open Space 16,234
❑ Linear Open Space 7,893
❑ Other Open Space 23,090
8LDGcj, 1 0 I ELDGA ,283 s BLDGAz 1, 9 sf 6 f
_ I I
Rowe C
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P I ,
I I r
1,902 sf
� iV.
� � I I ,493 sfl
. � sty I sf I I I I I. .
f
L — {.QUALIFIED OPEN SPACE
LARGE OPEN SPACE: 16,234 sf
I
LINEAR OPEN SPACE: 7,893 sf
TOTAL QUALIFIED: 24,127 sf= 0.55 ACRES
I
OTHER OPEN SPACE: 23,090 sf (20`x20'min) :
TOTAL OPEN SPACE: 47,217 sf= 1.08 ACRES
SCALE: 1"=100'
N•�--�� IFS�=--�
DETAIL (;*ASSY ()PM SPACE E7MBTT REVISION: DATE- 8l2l20231
SOUTH =IWhuA- PROJECT: «s SCALE: 1'=100'
Him &)Lse.Ms3?m
BEIC& Driftwood Sub DTP SHEET:
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BAIRD L .r�
sou,�, n.d��r_c Ir
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Page 20
C. Conceptual Building Elevations
Settler's Park
Townhomes-Alley
E 0 m
' r
Settler's Park
Townhomes-Front
Settler's Park
Clubhouse
Page 21
D. Preliminary Plat(dated: 3/6/23)
Plat Showing N
T�• D?rlftwolad SU 'vision
a [a,n wev xavre.• arevarw n.n• Situated in the Southeast Quarter of the Southwest Quarter of
a Section 36, Township 4 North, Range 1 West, 6oiae Meridian, 'J 7
G +a ear ^' X » xr.tr City of Meridian, Ada County, Idaho.
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Page 22
E. Final Plat(dated: 3/6/23)
Plat Sh QwIng N
~Tot" Driftwood SLbdlvision
a x,l,a ".m s»vx.• ",x�'m'.' sr.o,• Situated in the Southeast Quorter of the Southwest quarter of
uz Section 36, Township 4 North, Range t West, Boise Meridian, "J[
ra City of Meridian, Rdo County, Idaho.
eew xeewrr " naarc tus 2023
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Page 23
IX. CITY/AGENCY COMMENTS & CONDITIONS
City Council strongly encouraged the Applicant to collaborate with City Staff and ACHD to address
concerns discussed at the public hearing pertaining to Venable Ave. and the Ustick/Venable intersection.
A. PLANNING DIVISION
1. Conditional Use Permit
1.1 The developer shall comply with all previous conditions of approval for this property [H-2021-0072
(Settler's Square Development Agreement Inst. #2022-008733;A-2022-0111 (site improvements)].
1.2 The multi-family development shall have an ongoing obligation to comply with the specific use
standards listed in UDC 11-4-3-27.
1.3 Submit floor plans demonstrating compliance with the minimum private usable open space standard
of eighty(80) square feet for each unit in accord with UDC 11-4-3-27B.3 with the Certificate of
Zoning Compliance application.
1.4 The multi-family development shall record a legally binding document that states the maintenance
and ownership responsibilities for the management of the development,including,but not limited to,
structures,parking, common areas, and other development features as set forth in UDC 11-4-3-27F.
A recorded copy of said document shall be submitted to the Planning Division prior to issuance
of the first Certificate of Occupancy for the development.
1.5 Comply with building code requirements for separation between structures within the development.
A greater building separation or fire-rated walls may be required. Make any necessary revisions to
the plans to comply.
1.6 Site amenities shall be provided from each of the following categories: 1) Quality of Life—
clubhouse; 2) Open Space—picnic area with picnic table,benches and a shade structure; and 3)
Recreation—tot lot with children's play equipment, in accord with UDC 11-4-3-27D. Other
comparable amenities may be considered by the Director.
1.7 The trash enclosures shall accommodate recycling.
1.8 The site and/or landscape plan submitted with the Certificate of Zoning Compliance shall be revised
as follows:
a. Depict a minimum 25-foot wide buffer to residential uses along the north and west property
boundaries as set forth in UDC Table 11-2B-3 and depict landscaping within the buffer per the
standards listed in UDC 11-3B-9C.Buildings shall not encroach within the buffer area.
b. All transformer and utility vaults and other service areas shall be located in an area not visible
from a public street, or shall be fully screened from view from a public street in accord with
UDC 11-4-3-27B.2.
c. Depict bicycle racks capable of holding a minimum of eight(8)bicycles based on 194 vehicle
parking spaces provided in accord with UDC 11-3C-6G; the design of the bicycle racks shall
comply with the standards listed in UDC 11-3C-5C.
d. Depiet the ex4easien ef the sidewalk aleng the eaWwest drive aisle te the west betmdai=y of the
site; aeeer-d with n. k's Dept requirements i Seet n IX F
e. Depict the location of the property management office; maintenance storage area; central
mailbox location,including provisions for parcel mail,that provide safe pedestrian and/or
vehicular access; and a directory and map of the development at an entrance or convenient
location for those entering the development in accord with UDC 11-4-3-27B.7.
Page 24
f. Depict a minimum 4-foot tall berm or constructed barrier separating the common area where the
clubhouse and tot lot are proposed from the collector street(Venable Ave.)with breaks in the
berm or barrier to allow for pedestrian access in accord with UDC 11-4-3-27C.7,unless
otherwise approved with the conditional use permit.
g. Depict a minimum of 19,950 square feet(s.£) (or 0.46-acre)of common open space that
complies with the standards listed in UDC 11-4-3-27C.2; a minimum of 14,250 s.f. (or 0.33-
acre)of that area shall consist of common grassy area in accord with UDC 11-4-3-27C.3
commensurate with the size of the development and shall not include the street buffer.Note:A
minimum 5,000 sf common grassy area shall be provided in one area; where the remaining
area cannot be provided due to site constraints, it may be included elsewhere in the
development.
h. Depict landscaping along the foundation of all street facing elevations in accord with the
standards listed in UDC 11-4-3-27E.2.For every three (3) linear feet of foundation, an
evergreen shrub having a minimum mature height of twenty-four(24) inches shall be planted;
ground cover plants shall be planted in the remainder of the landscaped area.
.eta4 ye ,.. na,.,yer-.,,ithi 5 feet wide strips en eaeh side of the pathway,
j. Depict landscaping within the minimum 20-foot wide street buffer along N. Venable Ave., a
collector street, in accord with the standards listed in UDC 11-3B-7C.
k. Depict fencing on the common area lot along N. Venable Ave. as required by City Council.
Consider relocating the tot lot internal to the development away from the street.
1.9 Fencing shall comply with the standards listed in UDC 11-3A-7.
1.10 No recreational vehicles, snowmobiles, boats or other personal recreation vehicles shall be stored on
the site unless provided for in a separate,designated and screened area per UDC 11-4-3-27B.5.
1.11 A Certificate of Zoning Compliance and Design Review application shall be submitted and approved
for the proposed use prior to submittal of a building permit application. Final design of the site and
structures shall comply with the standards listed in UDC 11-3A-19 and the design standards listed in
the Architectural Standards Manual.
1.12 The conditional use permit is valid for a maximum period of two(2)years unless otherwise approved
by the City. During this time, the Applicant shall commence the use as permitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire
building permits and commence construction of permanent footings or structures on or in the ground
as set forth in UDC 11-5B-6. A time extension may be requested as set forth in UDC 11-5B-6F.
2. Preliminary/Final Plat:
2.1 The final plat submitted for City Engineer signature shall include the following revisions:
a. Depict a 25-foot wide street buffer along W.Ustick Rd., an arterial street, and a 20-foot wide
street buffer along N.Venable Ave., a collector street,in a common lot or a dedicated buffer
easement,maintained by the property owner,homeowner's association or business owner's
association as set forth in UDC 11-3B-7C.2a.
b. Depict a cross-access ingress/egress easement on the plat granting access to the abutting
property at the southwest property boundary(Parcel#S0436346613); or, submit a separate copy
of a recorded agreement to the Planning Division prior to issuance of Certificate of Occupancy
Page 25
for the western commercial pad site OR when parcel#SO436346613 develops,whichever occurs
first,in accord with the development agreement(provision#5.1 c).
e. Depiet a 9 feet wide p4he pedestr-ia-a easement for-the niulti tise peAhway eemeetion fr-em the
sidewalk along Venable Ave. aleng the east4est drive aisle to the west betmdai-y of the site a-aA
d. Note#4: Remove the street name (i.e. W. Wind Drift St.) as a private street was not approved. If
the drive aisle is to be names,a private street application shall be submitted.
e. Note#7: Include recorded instrument numbers of the Setter's Irrigation District pressure
irrigation easement.
3. The landscape plan submitted with the final plat for City Engineer signature shall include the
following revisions:
a. Include a detail of the tot lot play equipment.
b. Depict landscaping within the street buffers along N.Venable Ave. and W. Ustick Rd. in accord
with the standards listed in UDC 11-3B-7C.
c. All landscaping except for street buffers should be removed from the plan or shown in a lighter
line type as internal landscaping is not required with the subdivision improvements.
d. Depict a(private)pathway through the commercial portion of the development to the southwest
boundary of the site for interconnectivity.
4. All irrigation ditches crossing this site shall be piped or otherwise covered as set forth in UDC 11-
3A-6B.3.
5. A 9 feet wide publie pedestfian easemef4 shall be submit4ed for-the miti use-pathway aleng4he
eaWwest drive aisle prior-to s4mitta4 of the final plat for-Git-y Engineer-sipatufe.
6. Approval of a combined preliminary and final plat shall become null and void if the applicant fails to
obtain the city engineer's signature on the final plat within two(2)years of the approval of the
combined preliminary and final plat. Upon written request and filing by the applicant prior to the
termination of the period,the director may authorize a single extension of time to obtain the city
engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to
two (2)years as determined and approved by the City Council may be granted. With all extensions,
the director or City Council may require the preliminary plat, combined preliminary and final plat or
short plat to comply with the current provisions of this title.
7. Council strongly recommends the Annlicant collaborate with ACHD in regard to the concerns
discussed during the public hearing pertaining to improvements to N.Venable Ave. and the W.
Ustick Rd./N.Venable Ave. intersection.
B. PUBLIC WORKS
https:llweblink.meridiancily.orglWebLink/DocView.aspx?id=300677&dbid=0&repo=MeridianCitX
C. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
https:llweblink.meridianciU.oL-glWebLinkIDocView.aspx?id=298132&dbid=0&repo=MeridianCiU&cr
=1
Page 26
D. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=297934&dbid=0&repo=MeridianCitX
E. COMMUNITY DEVELOPMENT DEPARTMENT—SCHOOL IMPACT TABLE
https:llweblink.meridianciV.orglWebLinkIDocView.aspx?id=297561&dbid=0&repo=MeridianCitX
F. PARK'S DEPARTMENT
https:llweblink.meridiancily.org/WebLink/Doc View.aspx?id=300739&dbid=0&repo=MeridianCitX
https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=301037&dbid=0&repo=MeridianCitX—
Updated
G. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https:llweblink.meridianciU.oL-glWebLinkIDocView.aspx?id=297568&dbid=0&repo=Meridian City
X. FINDINGS
A. Conditional Use Permit(UDC 11-5B-6E)
The Commission shall base its determination on the Conditional Use Permit requests upon the following:
1. That the site is large enough to accommodate the proposed use and meet all the dimensional and
development regulations in the district in which the use is located.
The City Council finds that the subject property is large enough to accommodate the proposed use
and dimensional and development regulations of the C-C zoning district(see Analysis, Section V for
more information).
2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with
the requirements of this Title.
The City Council finds that the proposed use is consistent with the future land use map designation
of MU-C and is allowed as a conditional use in UDC Table I1-2B-2 in the C-C zoning district.
3. That the design, construction, operation and maintenance will be compatible with other uses in the
general neighborhood and with the existing or intended character of the general vicinity and that such
use will not adversely change the essential character of the same area.
The City Council finds the proposed design of the development, construction, operation and
maintenance should be compatible with the mix of other uses planned for and existing in this area
and with the intended character of the area and that such uses will not adversely change the
character of the area. The proposed multi family development should provide a good transition in
uses between existing single-family homes and the future commercial uses on the southern portion of
the site.
4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely
affect other property in the vicinity.
The City Council finds that if the applicant complies with the conditions outlined in this report, the
proposed use will not adversely affect other property in the area.
Page 27
5. That the proposed use will be served adequately by essential public facilities and services such as
highways,streets,schools,parks,police and fire protection,drainage structures,refuse disposal,water,
and sewer.
The City Council finds that essential public services are available to this property and that the use
will be adequately served by these facilities. Police and Fire currently provides service to this
property.
B. Combined Preliminary/Final Plat(UDC 11-6B-6)
In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the decision-
making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005)
1. The plat is in conformance with the comprehensive plan and is consistent with this unified
development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008)
The City Council finds the proposed plat is in conformance with the UDC and generally conforms
with the Comprehensive Plan.
2. Public services are available or can be made available ad are adequate to accommodate the proposed
development;
The City Council finds public services can be made available to the subject property and will be
adequate to accommodate the proposed development.
3. The plat is in conformance with scheduled public improvements in accord with the city's capital
improvement program;
The City Council finds the proposed plat is in conformance with the City's capital improvement
plan.
4. There is public financial capability of supporting services for the proposed development;
The City Council finds there is public financial capability of supporting services for the proposed
development.
5. The development will not be detrimental to the public health, safety or general welfare; and
The City Council finds the proposed development will not be detrimental to the public health, safety
or general welfare.
6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30-2005,
eff. 9-15-2005)
The City Council is unaware of any significant natural, scenic or historic features that need to
be preserved with this development.
Page 28