Promenade Cottages H-2022-0013 DA ADA COUNTY RECORDER Trent Tripple 2023-070499
BOISE IDAHO Pgs=74 NIKOLA OLSON 12/20/2023 09:30 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Lesley's Mobile Estates, LLC, OWNER/DEVELOPER
19th THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this
day of December ,2023,by and between City of Meridian, a municipal corporation
of the State of Idaho, hereafter called CITY, whose address is 33 E. Broadway Avenue, Meridian,
Idaho 83642, and Lesley's Mobile Estates,LLC,whose address is 313 N. Main Street,Hailey,Idaho
83333, hereinafter called OWNER/DEVELOPER.
I. RECITALS:
1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of
land in the County of Ada, State of Idaho, described in Exhibit "A", which is
attached hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the Property; and
1.2 WHEREAS, Idaho Code § 67-651 lA provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owner and/or Developer
make a written commitment concerning the use or development of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-5B-3 of the Unified Development Code("UDC"),which authorizes
development agreements upon the annexation and/or re-zoning of land; and
1.4 WHEREAS, Owner/Developer submitted an application for a rezone of
approximately 6.82 and 0.33 acres of land from the R-8 (Medium-Density
Residential)and C-G(General Retail and Service Commercial)zoning districts
to the R-40 (High-Density Residential) (6.61 acres) and C-G (General Retail
and Service Commercial)(0.54 acres)zoning districts on the property as shown
in Exhibit "A" under the Unified Development Code, which generally
describes how the Property will be developed and what improvements will be
made; and
1.5 WHEREAS, Owner/Developer made representations at the public hearings
before Planning and Zoning Commission and the Meridian City Council as to
how the Property will be developed and what improvements will be made; and
1.6 WHEREAS, the record of the proceedings for requested annexation and
zoning held before Planning and Zoning Commission and the City Council
includes responses of government subdivisions providing services within the
City of Meridian planning jurisdiction and includes further testimony and
comment; and
DEVELOPMENT AGREEMENT—PROMENADE COTTAGES SUBDIVISION(H-2022-0013) PAGE 1 OF 8
1.7 WHEREAS, on the 27th day of June, 2023, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
Order ("Findings"), which have been incorporated into this Agreement and
attached as Exhibit"B"; and
1.8 WHEREAS, the Findings require the Owner/Developer to enter into a
Development Agreement before the City Council takes final action on final
plat; and
1.9 WHEREAS, Owner/Developer deem it to be in its best interest to be able to
enter into this Agreement and acknowledges that this Agreement was entered
into voluntarily and at its urging and request; and
1.10 WHEREAS, City requires the Owner/Developer to enter into a development
agreement for the purpose of ensuring that the Property is developed and the
subsequent use of the Property is in accordance with the terms and conditions
of this Agreement,herein being established as a result of evidence received by
the City in the proceedings for zoning designation from government
subdivisions providing services within the planning jurisdiction and from
affected property owners and to ensure zoning designation is in accordance
with the amended Comprehensive Plan of the City of Meridian on December
19, 2019, Resolution No. 19-2179, and the UDC, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and
phrases herein contained in this section shall be defined and interpreted as herein provided for,unless
the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this Agreement,
which is a municipal Corporation and government subdivision of the state of
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Broadway Avenue, Meridian, Idaho 83642.
3.2 OWNER/DEVELOPER: means and refers to Lesley's Mobile Estates,
LLC, whose address is 313 N. Main Street, Hailey, Idaho 83333, hereinafter
called OWNER/DEVELOPER, the party that owns and is developing said
Property and shall include any subsequent owner(s)/developer(s) of the
Property.
3.3 PROPERTY: means and refers to that certain parcel(s) of Property located
in the County of Ada, City of Meridian as in Exhibit "A" describing a parcel
to bound by this Development Agreement and attached hereto and by this
reference incorporated herein as if set forth at length.
DEVELOPMENT AGREEMENT-PROMENADE COTTAGES SUBDIVISION(H-2022-0013) PAGE 2 OF 8
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right
to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed under
the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
a. Future development of this site shall be generally consistent with the site plan,
landscape plan, phasing plan and building elevations included in Section VIII of
the Staff Report attached to the Findings of Fact and Conclusions of Law
attached hereto as Exhibit`B" and the provisions contained herein.
b. The final plat application for the second phase of development shall not be
submitted to the Planning Division for a minimum period of four (4) years from
the date of approval of the preliminary plat to allow residents of the mobile home
park ample time to find other housing prior to redevelopment of the site. The
Applicant shall submit proof of notice via registered mail to all residents of the
mobile home park of the upcoming change in use of the property with submittal
of the final plat application. The letter shall include contact information (i.e.
internet links, phone numbers, etc.) for local affordable housing resource options
for residents. No building permit applications shall be submitted for at least one
(1) year from the date of submittal of the final plat application.
c. All access via E. Fairview Ave. for the subject property shall cease upon
redevelopment of the commercial portion of the property and sole access shall be
taken via NE 3rd St., the lesser classification of the two streets, in accord with
UDC 11-3A-3 and ACHD Policy.
d. With the first phase of development, the Developer shall construct NE 3rd St.
between E. Badley Ave. and E. Gruber Ave. as a complete street section(from
west to east abutting the site), as follows: 4-foot wide buffer, 10-foot wide
sidewalk/pathway, 8-foot wide parkway, 2-foot wide curb and gutter, two (2) 13-
foot wide travel lanes, 2-foot wide curb and gutter, and an 8-foot wide parkway
within the existing 60 feet of right-of-way. Provide a permanent right-of-way
easement extending from the right-of-way line to 2 feet behind back of sidewalk
abutting the site on the east side of NE 3rd St. for a 5-foot wide detached
sidewalk.
e. With the second phase of development, the Developer shall construct an 8-foot-
wide planter strip and 5-foot-wide detached sidewalk abutting the site on the east
side of NE 3rd St. A permanent right-of-way easement shall be provided to 2 feet
behind back of sidewalk if located outside of the right-of-way; sidewalk shall be
located wholly within right-of-way or wholly within an easement.
DEVELOPMENT AGREEMENT-PROMENADE COTTAGES SUBDIVISION(H-2022-0013) PAGE 3 OF 8
f. The existing nonconforming parking and landscaping in the commercial portion
of the development and the mobile home park in the R-40 zoning district, is
allowed to remain until redevelopment of the site in accord with the phasing plan
as approved with the conditional use permit for extension of these
nonconforming uses.
g. Depict pedestrian connections between the single-family, multi-family and
commercial portions of the development. All pathways should comply with the
standards in UDC 11-3A-8.
h. The mobile homes and associated debris that are vacant at the beginning of Phase
2 shall be removed within 45 calendar days; if there are more than five (5)vacant
mobile homes, that time period is extended to 90 calendar days.
i. In two (2) years when the Applicant's loan on the property switches to a fixed-
rate, the Applicant shall take inventory of the homes that exist at that time and
offer to move (at the Applicant's cost) any of the RV's or mobile homes that are
newer than 1976 to a mobile home or RV park that the Applicant is building in
Ontario, OR or to any park the Applicant owns in Eagle, Twin Falls, or
Kimberly, ID contingent upon spaces being available in those parks at that time,
as offered by the Applicant in the letter included in Section VIILG of the staff
report.
6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6)
months after the date of the Findings for the annexation and zoning or it is null and void.
7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default.In the event Owner/Developer,or Owner/Developer's heirs,successors,
assigns, or subsequent owners of the Property or any other person acquiring an
interest in the Property, fail to faithfully comply with all of the terms and conditions
included in this Agreement in connection with the Property, this Agreement may be
terminated by the City upon compliance with the requirements of the Zoning
Ordinance.
7.2 Notice and Cure Period. In the event of Owner/Developer's default of this
agreement, Owner/Developer shall have thirty (30) days from receipt of written
notice from City to initiate commencement of action to correct the breach and cure
the default,which action must be prosecuted with diligence and completed within one
hundred eighty (180) days; provided, however, that in the case of any such default
that cannot with diligence be cured within such one hundred eighty(180)day period,
then the time allowed to cure such failure may be extended for such period as may be
necessary to complete the curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice
from City as described in Section 7.2, City shall, upon satisfaction of the notice and
hearing procedures set forth in Idaho Code section 67-6511A, have the right, but not
a duty, to de-annex all or a portion of the Property, reverse the zoning designations
described herein, and terminate City services to the de-annexed Property, including
water service and/or sewer service. Further, City shall have the right to file an action
at law or in equity to enforce the provisions of this Agreement. Because the covenants,
DEVELOPMENT AGREEMENT-PROMENADE COTTAGES SUBDIVISION(H-2022-0013) PAGE 4 OF 8
agreements, conditions, and obligations contained herein are unique to the Property
and integral to City's decision to annex and/or re-zone the Property, City and
Owner/Developer stipulate that specific performance is an appropriate, but not
exclusive, remedy in the event of default. Owner/Developer reserves all rights to
contest whether a default has occurred.
7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall
be governed by and construed in accordance with the laws of the State of Idaho,
including all matters of construction, validity, performance, and enforcement. Any
action brought by any party hereto shall be brought within Ada County, Idaho.
7.5 Delay. In the event the performance of any covenant to be performed hereunder by
either Owner/Developer or City is delayed for causes that are beyond the reasonable
control of the party responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the time for such
performance shall be extended by the amount of time of such delay.
7.6 Waiver. A waiver by City of any default by Owner/Developer of any one or more of
the covenants or conditions hereof shall apply solely to the default and defaults
waived and shall neither bar any other rights or remedies of City nor apply to any
subsequent default of any such or other covenants and conditions.
8. INSPECTION: Owner/Developer shall,immediately upon completion of any portion
or the entirety of said development of the Property as required by this Agreement or by City ordinance
or policy, notify the City Engineer and request the City Engineer's inspections and written approval
of such completed improvements or portion thereof in accordance with the terms and conditions of
this Agreement and all other ordinances of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the
third reading of the Meridian Zoning Ordinance in connection with the rezoning of the Property by
the City Council. If for any reason after such recordation,the City Council fails to adopt the ordinance
in connection with the annexation and zoning of the Property contemplated hereby, the City shall
execute and record an appropriate instrument of release of this Agreement.
10. ZONING: City shall, following recordation of the duly approved Agreement, enact
a valid and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the
UDC, to insure the installation of required improvements, which the Owner/Developer agree to
provide, if required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued
in any phase in which the improvements have not been installed,completed,and accepted by the City,
or sufficient surety of performance is provided by Owner/Developer to the City in accordance with
Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by
all ordinances of the City of Meridian unless otherwise provided by this Agreement.
DEVELOPMENT AGREEMENT-PROMENADE COTTAGES SUBDIVISION(H-2022-0013) PAGE 5 OF 8
14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall
be deemed delivered if and when personally delivered or three (3) days after deposit in the United
States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as
follows:
CITY: with copy to:
City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E. Broadway Avenue
Meridian, Idaho 83642 Meridian, Idaho 83642
OWNER/DEVELOPER:
Lesley's Mobile Estates, LLC
313 N. Main Street
Hailey, Idaho 83333
14.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as
may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time
is strictly of the essence with respect to each and every term, condition and provision hereof, and that
the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be binding
on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the
Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions
thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor
owner or owners shall be both benefited and bound by the conditions and restrictions herein
expressed. City agrees, upon written request of Owner and/or Developer, to execute appropriate and
recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion,
had determined that Owner and/or Developer have fully performed their obligations under this
Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement
and the invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party
shall act reasonably in giving any consent, approval,or taking any other action under this Agreement.
DEVELOPMENT AGREEMENT-PROMENADE COTTAGES SUBDIVISION(H-2022-0013) PAGE 6 OF 8
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
21. REMOVED PROPERTY: The City is hereby authorized, in its sole discretion, to
remove a portion of the Property ("Removed Property") from this Agreement at any time, provided
that the City and the owner of the Removed Property concurrently enter into a modified development
agreement governing the development and use of the Removed Property. The remaining portion of
the Property,which has not been removed from this Agreement as described above, shall continue to
be bound by the terms of this Agreement.
22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner/Developer and City relative to the subject
matter hereof, and there are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between Owner/Developer and City, other than as are stated herein.
Except as herein otherwise provided,no subsequent alteration,amendment, change or addition to this
Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or
their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted
ordinance or resolution of City.
22.1 No condition governing the uses and/or conditions governing rezoning of the subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk.
[end of text; acknowledgements, signatures and Exhibits A and B follow]
DEVELOPMENT AGREEMENT-PROMENADE COTTAGES SUBDIVISION(H-2022-0013) PAGE 7 OF 8
ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER:
Lesley's Mobile Estates,LLC
Its: JD
STATE OF
ss:
County of__�{/� --
On this-lay of r r,2023,before me,the undersigned,a Notary Public in and fors id State,
personally appeared Maf known or identified to me to be the _ of
Lesley's Mobile Estates,LLC and the person who signed above and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
BRIGITTE C'JE6;EKAS QUISPE Not Public7n ( f,
COMMISSION#20224112 My Commission Expires: !ir✓ ( A
NOTARY PUBLIC
STATE OF IDAi-iO
MY COMMISSION EXPIRES 09/26/2028
CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Simison 12-19-2023 Chris Johnson, City Clerk 12-19-2023
STATE OF IDAHO )
ss
County of Ada )
On this 19th day of December 2023, before me, a Notary Public, personally appeared Robert E.
Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian,
who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me
that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
Notary Public for Idaho
My Commission Expires: 3-28-2028
DEVELOPMENT AGREEMENT—PROMENADE COTTAGES SUBDIVISION(H-2022-0013) PAGE 8 Or 8
EXHIBIT A
Description for
Promenade Cottages
October 6, 2023
A parcel of land located in the Northeast 1/4 of the Northwest 1/4 of Section 7,
Township 3 North, Range 1 East of the Boise Meridian, City of Meridian, Ada County,
Idaho more particularly described as follows:
Commencing at the 1/4 corner common to Sections 6 and 7, T.3N., R.1 E.,
B.M., from which the Section corner common to Sections 1 and 12, T.3N., R.1W.,
B.M., and said Sections 6 and 7 bears South 88035'29" West, 2,404.77 feet; thence on
the north boundary line of said Section 7, South 88035'29" West, 630.19 feet; thence
leaving said north boundary line, South 00035'12"West, 48.56 feet to the POINT OF
BEGINNING;
thence continuing South 00035" 2" West, 912.02 feet to the north right-of-way
line of E. Bradley Avenue;
thence on said north right-of-way line, North 89030'43" West, 363.81 feet to the
east right-of-way line of NE 3rd Street;
thence on said east right-of-way line, North 00028" 7" East, 908.77 feet to the
south right-of-way line of E. Fairview Avenue;
thence on said south right-of-way line the following three (3) courses and
distances:
North 89011'04" East, 351.13 feet;
South 00000'05" East, 4.86 feet;
North 89059'55" East, 14.57 feet to the POINT OF BEGINNING.
Containing 7.642 acres, more or less.
End of Description.
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E. Gruber Ave. Line Bearing Length
L1 S00'35'12"W 48.56'
L2 S00'00'05"E 4.86'
L3 N89'59'55"E j 14.57'
E. Badley Ave. N89'30'43"W 363.81'
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P:\Promenade(Elm Grove) 21-211\dw9\8ndy Ex.dwg 10/6/2023 5:38:14 PM
IDAHO Exhibit for 211b 211
SURVEY 9955 ,IDAHO8374T. Promenade Cottages Sheet No.
BO8) 4-8570 704 1
(208)846-8570
GROUP, LLC Located in the NE1/4 of the NW1/4 of Section 7, Dwg. Date
013N., RAE., B.M., City of Meridian, Ada County, Idaho. 10/6/2023
Description for
R-40 Zone
September 2, 2022
A parcel of land located in the Northeast 114 of the Northwest 1/4 of Section 7,
Township 3 North, Range 1 East of the Boise Meridian, City of Meridian,Ada County,
Idaho more particularly described as follows:
Commencing at the 1/4 corner common to Sections 6 and 7, T.3N., R.1 E.,
B.M.,from which the Section corner common to Sections 1 and 12, T.3N., R.1 W.,
B.M., and said Sections 6 and 7 bears South 88"35'29"West,2.404.77 feet;thence on
the centerline of E. Fairview Avenue, South 89°11'04"West,629.99 feet; thence
leaving said centerline. South 00°35'12"West,310.09 feet to the REAL POINT OF
BEGINNING;
thence continuing South 00"35'12'West, 686.83 feet to the centerline of E.
Badley Avenue;
thence on said centerline, North 89"30'43"West, 393.75 feet to the intersection
of E. Badley Avenue and NE 3rd Street;
thence on the centerline of NE 3rd Street, North 00'28'17" East,730.12 feet;
thence leaving said centerline, South 89°28'01" East, 90.00 feet to the exterior
line of the City of Meridian C-G Zone;
thence on said exterior boundary line the following two(2)courses and
distances:
South 00'28'17"West, 50.16 feet;
North 89°11'04" East,305.21 feet to the REAL POINT OF BEGINNING.
Containing 6.284 acres, more or less.
End of Description.
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L1 S89'28'o1"E 90.00'
L2 S00'28'17-W 50.16'
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Job No.
IDAHO Exhibit for 21-211
SURVEY gas OMA.K) 083R82 R-40 Zone
eoisEo�2w Sheet No.
(2081 e4sas20
GROUP, LLC Located In the NE1/4 of the NW1/4 of Section 7, Dwg. Date
T.W. RAE., B.M., City of Merldlon, Ada County, doho. 9/2/2022
Description for
R-40 Zone
September 2, 2022
A parcel of land located in the Northeast 1/4 of the Northwest 1/4 of Section 7,
Township 3 North, Range 1 East of the Boise Meridian, City of Meridian,Ada County,
Idaho more particularly described as follows:
Commencing at the 1/4 corner common to Sections 6 and 7, T.3N., R.1E.,
B.M., from which the Section corner common to Sections 1 and 12, T.3N., R.1 W.,
B.M., and said Sections 6 and 7 bears South 88"35'29"West,2.404.77 feet; thence on
the centerline of E. Fairview Avenue, South 89'11'04' West, 629.99 feet; thence
leaving said centerline, South 00'35'12" West, 267.11 feet to the REAL POINT OF
BEGINNING;
thence continuing South 00`35'12"West, 42.98 feet to the exterior boundary
line of the City of Meridian C-G Zone;
thence on said exterior boundary line the following two (2) courses and
distances:
South 89'11'04"West, 305.21 feet;
North 00'28'17" East, 50.16 feet,
thence leaving said exterior boundary line, South 89'28'01" East, 305.22 feet to
the REAL POINT OF BEGINNING.
Containing 0.326 acres. more or less.
End of Description.
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0 50 100 200 400
Basis of Bearings
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IDAHO Exhibit for 21b 211
SURVEY m5sw e►u wuas R-40 Zone Sheet No.
BOISE,CAW e]]M
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GROUP, LLC Located in the NE1/4 of the NW1/4 of Section 7, Dwg. Date
T.3N., R.1E., B.M., City of Meridian, Ada County, Idaho. 9/2/2022
Description for
C-G Zone
September 2, 2022
A parcel of land located in the Northeast 114 of the Northwest 1/4 of Section 7,
Township 3 North, Range 1 East of the Boise Meridian, City of Meridian, Ada County,
Idaho more particularly described as follows:
Commencing at the 1/4 corner common to Sections 6 and 7, T.3N., R.1 E.,
B.M., from which the Section corner common to Sections 1 and 12, T.3N., R.1 W.,
B.M., and said Sections 6 and 7 bears South 88"35'29" West, 2,404.77 feet; thence on
the centerline of E. Fairview Avenue, South 89`11'04" West, 935.83 feet to the exterior
boundary line of the City of Meridian C-G Zone and the REAL POINT OF BEGINNING;
thence on said exterior boundary line, South 00"28`17" West, 259.92 feet:
thence leaving said exterior boundary line, North 89"28'01" West, 90.00 feet to
the centerline of NE 3rd Street;
thence on said centerline, North 00°28'17" East, 257.80 feet to centerline of E.
Fairview Avenue;
thence on said centerline, North 89011'04" East, 90.02 feet to the REAL POINT
OF BEGINNING.
Containing 0.535 acres, more or less.
End of Description.
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IDAHO Exhibit for 21°211
SURVEY B955W eMtwuaar C—G Zone sheet Na.
eoisE,ioaro avw
GROUP, LLC Located in the NE1/4 a' the NW1/4 of section 7, Dwg. Date
T.3N., RAE., S.W. City of Meridian, Ado County, Idaho- 9/2/2022
EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW (:>VEI�ty
AND DECISION& ORDER
In the Matter of the Request for Rezone of 6.82 and 0.33 Acres of Land from the R-8 and C-G
Zoning Districts to the R-40 (6.61 Acres) and C-G (0.54 Acre) Zoning Districts; Preliminary Plat
Consisting of 45 Building Lots [30 Single-family Residential Building Lots, Five (5) Multi-family
Building Lots, Two (2) Commercial Building Lots] and Eight(8) Common Lots on 7.64 Acres of
Land in the R-40 and C-G Zoning Districts; Conditional Use Permit(CUP)to Construct a 90-unit
Multi-family Development on Approximately 2.8 Acres of Land in the Requested R-40 Zone; CUP
to Construct Single-family Detached Dwellings on 10 of the 30 Single-family Residential Lots in the
Requested R-40 Zone; CUP to Allow the existing nonconforming parking, landscaping, and mobile
home park to remain as-is for an extended period of time in the C-G and requested R-40 zoning
districts; Private Streets for Internal Access to the Proposed Single-family and Multi-family Units;
and,Alternative Compliance to the Off-street Parking Standards for Single-family Dwellings Listed
in UDC Table 11-3C-6,which Requires Parking Pads to be Located in Front of the Garage,to
Allow the Parking Pads for the 3-bedroom Units to be Located as Close as Possible to the
Corresponding Unit, by A-Team Land Consultants.
Case No(s). H-2022-0013
For the City Council Hearing Date of: May 23,and June 20, 2023 (Findings on June 27,2023)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of June 20, 2023, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of June 20, 2023,incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of June 20, 2023,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of June 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 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.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR PROMENADE COTTAGES H-2022-0013 - 1 -
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.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of June 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 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 Rezone,Preliminary Plat,(3) Conditional Use Permits,Private
Street and Alternative Compliance is hereby approved with the requirement of a Development
Agreement per the provisions in the Staff Report for the hearing date of June 20,2023, 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 11-613-713).
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-
613-7C).
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR PROMENADE COTTAGES H-2022-0013 -2-
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
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).
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-651 IA. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected parry of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s)and returned to the city within six(6)months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six(6)month approval
period.
E. Judicial Review
Pursuant to Idaho Code § 67-6521(1)(d),if this final decision concerns a matter enumerated in Idaho
Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted, including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
G. Attached: Staff Report for the hearing date of June 20,2023
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR PROMENADE COTTAGES H-2022-0013 -3-
By action of the City Council at its regular meeting held on the 27th day of June
2023.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED AYE
COUNCIL VICE PRESIDENT JOE BORTON VOTED AYE
COUNCIL MEMBER JESSICA PERREAULT VOTED AYE
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER JOHN OVERTON VOTED AYE
COUNCIL MEMBER LIZ STRADER VOTED AYE
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert mison 6-27-2023
Attest:
� SEAL
Chris Jo son 6-27-2023
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Cha&ycW(Lq Dated: 6-27-2023
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR PROMENADE COTTAGES H-2022-0013 -4-
STAFF REPORT E IDIAN ----
COMMUNITY DEVELOPMENT DEPARTMENT 'A
HEARING 6/20/2023 legend
DATE: Continued from: 512312023
Project l oration
TO: Mayor&City Council
FROM: Sonya Allen,Associate Planner
208-884-5533
SUBJECT: H-2022-0013 R
Promenade Cottages Subdivision
LOCATION: 403 E.Fairview Ave.,in the NW 1/4 of
Section 7,Township 3N,Range IE.
(Parcel#S 1107212707)
L PROJECT DESCRIPTION
The Applicant has submitted requests for the following:
• Rezone of 6.82 and 0.33 acres of land from the R-8 and C-G zoning districts to the R-40
(6.61 acres)and C-G(0.54 acres)zoning districts;
• Preliminary plat consisting of 45 building lots [30 single-family residential building lots, five
(5)multi-family building lots,two(2)commercial building lots] and eight(8)common lots
on 7.64 acres of land in the R-40 and C-G zoning districts;
• Conditional Use Permit(CUP)to construct a 90-unit multi-family development on
approximately 2.8 acres of land in the requested R-40 zone;
• CUP to construct single-family detached dwellings on 10 of the 30 single-family residential
lots in the requested R-40 zone;
• CUP to allow the existing nonconforming parking,landscaping,and mobile home park to
remain as-is for an extended period of time in the C-G and requested R-40 zoning districts;
• Private streets(PS)are proposed for internal access to the proposed single-family and multi-
family units; and,
• Alternative Compliance (ALT)to the off-street parking standards for single-family dwellings
listed in UDC Table 11-3C-6,which requires parking pads to be located in front of the
garage,to allow the parking pads for the 3-bedroom units to be located as close as possible to
the corresponding unit.
IL SUMMARY OF REPORT
A. Project Summary
Description Details
Acreage 7.64 acres
Future Land Use Designation Commercial 2.12+/-acres and High Density Residential(HDR)(5.52+/-acres
Existing Land Use(s) Commercial(retail/restaurant/multi-tenant),mobile home park,and
vacant/undeveloped land.
Proposed Land Use(s) Existing commercial(retail/restaurant)uses to remain,single-family residential
(SFR)attached/detached and multi-family residential(MFR)apartments
proposed.
Lots(#and type;bldg./common) 45 total lots(30 SFR building lots,5 MFR building lots,2 commercial building
lots,and 8 common lots
Phases 3
Number of Residential Units 120
Density 20.51 units/acre overall in R-40 zoned area
Open Space(acres,total See Section VI
[%]/buffer/qualified)
Amenities Swimming pool,clubhouse,dog park,community garden and a tot lot
Neighborhood meeting date December 8,2021
History(previous approvals) Ross's Elm Grove Annexation(Ord.9183);Ross's Elm Grove Annexation No.
2(Ord.#185)(1969)
B. Community Metrics
Description Details
Ada County Highway District
• Staff report(yes/no) Yes
• Requires ACHD No
Commission Action
es/no
• Traffic Impact Study No(not required)
es/no
Access There are currently three(3)access driveways via E.Fairview Ave.,an arterial street,
(Arterial/Collectors/State &nine(9)access driveways via NE 3'Street,a local street(planned to be a collector).
Hwy/Local)(Existing and The three(3)access driveways via Fairview are proposed to remain until
Proposed) redevelopment of the commercial area;three(3)access driveways are proposed via
NE 3rd St.
Stub Gruber Ave. stubs to NE 31 St.to the west of this property but does not exist on the
Street/Interconnectivity/Cross property to the east where multi-family apartments exist.East Badley Ave.runs along
Access the south boundary of the site.No stub streets exist to this property.
Existing Road Network NE 31 St.is a 2-lane local street along the northern portion of the west boundary of
the site that dead-ends at Gruber Ave.(it's unimproved between Gruber and Badley
abutting the site);E.Fairview Ave.is a 5-lane arterial street along the north boundary
of the site;and Badley Ave.is a 2-lane local street along the south boundary of the
site.
Condition of Area Roadways Fairview Ave.:Better than"E",which is an acceptable level of service for a 5-lane
(Level of Service) principal arterial.
Existing Arterial Sidewalks/ There is an existing detached 5-foot wide sidewalk along E.Fairview Ave.A 9+/-foot
Buffers wide landscaped street buffer exists along Fairview between the western and the
middle access driveway;the remainder of the site has no street buffer.A 4+/-foot
wide attached sidewalk exists along NE 3'St.There is not a street buffer along NE 3ra
St.No sidewalk or street buffer exists along Badley Ave.
Description Details
Proposed Road Capital Improvements Plan(CIPu Integrated Five Year Work Plan(IFYWP):
Improvements • Fairview Avenue is scheduled in the IFYWP to be vadened to 74anes from Locust Grove Road
to SH-55(Eagle Road)in 2025.
• Locust Grove Road is scheduled In the IFYWP to be widened to 5-lanes from Fairview Avenue
to Ustick Road with the design year In 2026 and the construction year in the future.
• The intersection of Fairview Avenue and Locust Grove Road is scheduled in the IFYWP to be
widened to 7-lanes on the north leg, 7-lanes on the south, 9•tanes on the east.and 9-lanes
on the west leg,plus enhanced pedestrian and bike facilities and intersection lighting In 2025.
• Fairview Avenue is listed in the CIP to be widened to 7-lanes from Mendian Road to Locust
Grove Road between 2036 and 2040
Fire Service
• Distance to Fire 1.8 miles from Fire Station 91.
Station
• Fire Response Time Within 5-minute response time goal area.
• Resource Reliability Fire Station 91 reliability is 76%(below the targeted goal of 80%)
• Accessibility Proposed project meets all required road widths,access,and turnaround dimensions.
• Risk Identification 4(current resources would not be adequate to supply service to this project)
Police Service
Distance to Police 2.1 miles
Station
Police Response Time 3:30 minutes(expected);3:45 minutes(average)
Calls for Service 7,199 within a mile of the development
%of calls for service
split by priority
Accessibility If this project includes climate-controlled hallways,PD requests further discussions
with developer on plans for emergency police access into each building entry point
using a multi-technology keypad.
Specialty/resource needs PD already serves this area
Crimes 734
Crashes 238
Other Reports
West Ada School District
Distance(elem,ms,Its) Meridian Elementary,Meridian Middle,Meridian High
Capacity of Schools These schools can adequately support the students from this development.
#of Students Enrolled
#of Students Predicted 18
from this
development
Wastewater
Distance to Sewer Connect to existing sewer main in E.Badley Ave
Services
Sewer Shed
Estimated Project Sewer Additional 1585 GPD committed to model
ERU's
WRRF Declining WRRF declining balance is 14.35 MGD
Balance
Project Consistent with Yes
WW Master
Plan/Facility Plan
Water
Distance to Water Connect to existing water mains on NE.3' St.and E.Badley Ave
Services
Pressure Zone 2
Estimated Project Water Info not supplied by PW
Description Details
ERU's
Water Quality
Project Consistent with Yes
Water Master Plan
Impacts/Concerns
C. Project Area Maps
Future Land Use Map Aerial Map
Legend MU-N 0 0
Pr sect r �1-+u�;,i �P/pjQcf l c-aPlon
High Density
Residential Low Density
Residential
Th '�
Medium
Density
Residential
Old Town is,
MU-C
Zoning Map Planned Development Map
i legend 1 R-4 0 Legend
R-8 i ----
R-15
R-40 R6
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1-l. 1-L 1-1. M1 RUT Rl 14
III. APPLICANT INFORMATION
A. Applicant:
Steve Arnold,A-Team Land Consultants— 1785 Whisper Cove Avenue, Boise, ID 83709
B. Owner:
Mark Kelly,Lesley's Mobile Estates,LLC—313 N.Main Street,Hailey,ID 83333
C. Representative:
Same as Applicant
IV. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Newspaper Notification 11/30/23, 1/4/23 5/7/2023
Radius notification mailed to
properties within 500 feet 11/13,22, 12/30/22 5/5/2023
Site Posting 10/19/22 5/l/2023
Nextdoor posting 11/28/22, 12/20/22 5/5/2023
V. COMPREHENSIVE PLAN—STAFF ANALYSIS
A. Future Land Use Map Designation(https://www.meridiancity.or /�pplan)
Land Use: The Future Land Use Map (FLUM)contained in the Comprehensive Plan designates
most of this property as High Density Residential(HDR) (5.52+/-acres)with some Commercial
(2.12+/-acres)along E.Fairview Ave.
The HDR designation allows for the development of multi-family homes in areas where high
levels of urban services are provided and where residential gross densities exceed twelve
dwelling units per acre. Development might include duplexes,apartment buildings,townhouses,
and other multi-unit structures.A desirable project would consider the placement of parking
areas, fences,berms,and other landscaping features to serve as transitions between neighboring
uses. These areas are compact within the context of larger neighborhoods and are typically
located around or near mixed use commercial or employment areas to provide convenient access
to services and jobs for residents. Developments need to incorporate high-quality architectural
design and materials and thoughtful site design to ensure quality of place; they should incorporate
connectivity with adjacent uses and area pathways,attractive landscaping,gathering spaces and
amenities,and a project identity.
The Commercial designation will provide a full range of commercial uses to serve area residents
and visitors. Desired uses may include retail,restaurants,personal and professional services,and
office uses,as well as appropriate public and quasi-public uses. Multi-family residential may be
allowed in some cases,but should be careful to promote a high quality of life through thoughtful
site design,connectivity,and amenities. Sample zoning include: C-N,C-C,and C-G.
The Applicant proposes to develop the southern HDR designated portion of the property with a
mix of single-family attached(20)and detached(10)homes and multi-family apartments(90)at
an overall gross density of 20.51 units per acres consistent with the density desired in HDR
designated areas. The gross density of the multi-family development is 28 units/acre; with 11
units/acre for the single-family development.Although single-family detached units are not
specifically listed as a desired use in the HDR designation,the UDC does allow them with a
conditional use permit in the R-40 zoning district. The southern 5.85 acres of land(6.61 acres
including adjacent right-of-way to the centerline of the road)is proposed to be rezoned to R-40
consistent with the HDR designation.
The proposed development should be compatible with the abutting multi-family development on
the property to the east.A 15-foot wide landscaped buffer is proposed along the shared property
line with the southern portion containing a pedestrian pathway. The southern and western
portions of the property abut public streets(NE 3'St. and E.Badley Ave.).
The existing retail store and restaurant/multi-tenant building/uses on the northern portion of the
property in the C-G zoning district are proposed to remain. These uses provide services to area
residents as desired in the Commercial designation.
Transportation:Northeast 3'Street exists along the west boundary of the site and is a planned
residential collector street per ACHD's Master Street Map (MSM)and north/south corridor
through the City from Franklin Rd. to Fairview Ave.Preservation and dedication of right-of-way
for the expanded street section and pathway is required with development [see Downtown
Meridian City Core Street Cross-Section Master Plan (pg. 4-9)and the Comprehensive Plan (pg.
6-3)]. See analysis below in Section VLB for more information.
Comprehensive Plan Policies(https.11www.meridiancity.orQ/compplan): The applicable
Comprehensive Plan policies are cited below with Staff's analysis in italics.
• "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).
As discussed above, the subject property is proposed to develop with a mix of single family
attached and detached dwellings and multi family apartment units, which will contribute to
the diversity of housing types in this area.
• "With new subdivision plats,require the design and construction of pathways connections,
easy pedestrian and bicycle access to parks, safe routes to schools,and the incorporation of
usable open space with quality amenities" (2.02.01A).
The Pathways Master Plan depicts a segment of the City's multi-use pathway system along
the west side of NE 3Yd Street adjacent to the west boundary of this site; an existing sidewalk
provides an on-street route for the pathway along the northern boundary of the site along
Fairview Ave.Internal pathways are proposed from the perimeter sidewalks along E. Badley
Ave. and E. 3Yd Street to the central common area within the residential portion of the site.
Qualified open space and site amenities will be required with development of the residential
portion of the site in accord with the standards listed in UDC 11-3G-3 and 11-4-3-27C, D.
• "Pursue the extension of Idaho Ave. and/or Broadway Ave. to Commercial Dr. and the
extension of East 3rd St. from Fairview Ave. to Pine Ave. in Downtown."(6.01.02I)
Development of this site will facilitate the extension of NE 3Yd Street from E. Badley Ave. to E.
Fairview Ave. in general accordance with the Downtown Meridian Street Cross-section
Master Plan.
• "Permit new development only where it can be adequately served by critical public facilities
and urban services at the time of final approval,and in accord with any adopted levels of
service for public facilities and services." (3.03.03F).
City water and sewer service is currently provided to the existing uses and can be provided to
future uses within this development. Police and Fire protection is already provided to this
property and will continue to be provided.
• "Work with transportation agencies and private property owners to preserve transportation
corridors,future transit routes and infrastructure,road,and highway extensions,and to
facilitate access management."(6.01.02M)
Dedication of additional right-of-way and improvements for the expansion and extension of
the NE 3Yd Street corridor; a planned residential collector street, is required with this
development in accord with ACHD's requirements.
• "Encourage the development of high quality,dense residential and mixed-use areas near in
and around Downtown,near employment,large shopping centers,public open spaces and
parks,and along major transportation corridors,as shown on the Future Land Use Map."
(2.02.01 E)
The proposed high-density development is in close proximity to the downtown area and
shopping along the Fairview Ave. transportation corridor.
Staff finds this development to be generally consistent with the Comprehensive Plan, as noted
above.
VI. UNIFIED DEVELOPMENT CODE—STAFF ANALYSIS
Note: The Applicant submitted this application on February 18, 2022; therefore, the UDC standards
in effect at that time, dated November 30, 2021, apply to development of this site, not the current
standards.
A. Rezone(RZ):
A Rezone of 6.28 and 0.33 acres of land from the R-8 (medium-density residential)and C-G
(general retail and service commercial)zoning districts to the R-40 (high-density residential)
(6.61 acres)and C-G(0.54 acres)zoning districts is proposed for the existing commercial and
proposed residential development in accord with the associated Commercial and HDR FLUM
designations for this property. Legal descriptions and exhibit maps for the rezone areas are
included in Section VIILA of this report.
There are two(2)commercial buildings (a retail store and a multi-tenant building with a
restaurant)on the northern portion of this site along Fairview Ave. that are proposed to remain
until the third phase of development; a redevelopment plan was not submitted for this area. A
mobile home park exists to the south of the commercial area that is proposed to be removed and
redeveloped with 90 multi-family apartments with the second phase of development. The
southern portion of the site consists of vacant/undeveloped land that is proposed to develop with a
mix of single-family attached(20)and detached(10)homes with the first phase of development.
The existing retail store (Rodda Paint)and mobile home park are considered nonconforming uses
in the R-8 zoning district,as defined in UDC 11-IA-1,as such uses are prohibited in the R-8
zoning district.See conceptual development plan included in Section VIILD.
The rezone to C-G will remove the nonconforming status of the retail store as such use is a
principal permitted use in the C-G zoning district per UDC Table 11-2B-2.The mobile home park
is a prohibited use in the proposed R-40 zoning district; a conditional use permit is proposed to
extend the nonconforming use in the R-40 district until such time as the property redevelops.The
proposed multi-family development is listed as a conditional use in the R-40 zoning district per
UDC Table 11-2B-2 and is subject to the specific use standards listed in UDC 11-4-3-27. The
proposed single-family attached dwellings are listed as a principal permitted use and the single-
family detached dwellings are listed as a conditional use in the R-40 zoning district per UDC
Table 11-2A-2.
The City may require a development agreement(DA)in conjunction with a rezone pursuant to
Idaho Code section 67-6511A. To ensure future development is consistent with the
Comprehensive Plan and with the development plan proposed with this application, Staff
recommends a DA is required with this application,containing the provisions noted in
Section VIILA, as discussed herein. There is no development agreement currently in effect for
this property.
B. Preliminary Plat(PP):
The proposed preliminary plat consists of 30 residential building lots for 20 single-family
attached dwellings and 10 single-family detached dwellings, five (5)multi-family building lots,
two (2)commercial building lots,and eight(8)common lots on 7.64 acres of land in the R-40 and
C-G zoning districts.
This property is within the Northern Gateway Urban Renewal District and within the Opportunity
Zone. If approved,the tax increment from this project would go toward making public
improvements in the area.
The Applicant plans to develop the property in three(3)phases as shown on the preliminary plat.
The single-family on the south end of the site is proposed to develop first with the multi-family
second,and rebuild of the commercial area last shortly after the second phase. The phasing plan
is based on the type of loan the Applicant has on the property.Because the property is income
producing,the loan will not allow the owners to disrupt the income being made off the existing
commercial buildings and the mobile home park. Once the property is not encumbered by this
loan condition,the owner will move forward with Phase II,providing market conditions warrant
it;Phase III will follow shortly after.
Due to the financing and timing,the Applicant requests an additional period of time of
approximately 4-5 years,instead of the standard 2-years,to obtain the City Engineer's signature
on the second phase file plat. This will also allow ample time to notice the existing residents of
the mobile home park of the plan to redevelop the property. Staff recommends the second phase
final plat application is not allowed to be submitted for a minimum period of four(4)years
from the date of approval of the preliminary plat to allow residents of the mobile home
park ample time to find other housing prior to redevelopment; this will require at least one
(1)time extension to be obtained in order for the preliminary plat to remain valid.
Dimensional Standards:
Future development should comply with the dimensional standards for the R-40 zoning district
listed in UDC Table 11-2A-8 and for the C-G zoning district listed in UDC Table 11-2B-3.
Subdivision Design and Improvement Standards (UDC 11-6C-2"-
Development of the subdivision is required to comply with the subdivision design and
improvement standards listed in UDC 11-6C-3.
Access(UDC 11-3A-3 :
There are three (3)existing access driveways via E.Fairview Ave.,a principal arterial,designated
on the Master Street Map(MSM)as a mobility arterial—one (1) for the retail store and two (2)
for the multi-tenant building where a restaurant(i.e. Idaho Pizza)is located.There are nine (9)
existing access driveways via NE 3'St.,a local street,designated on the MSM as a residential
collector street—two (2) for the commercial,one (1)ingress/egress driveway for the mobile home
park,and six(6)driveway accesses for individual homes.No access exists via E.Badley Ave.,a
local street along the southern portion of the property as that portion of the site is undeveloped.
The two(2)eastern accesses via Fairview for the multi-tenant building are proposed to remain
until redevelopment of that portion of the commercial property occurs as removal at this time
would negatively affect the existing uses;the western access is proposed to be removed as it's too
close to the intersection and doesn't conform to ACHD standards. ACHD is supportive of both of
the eastern accesses remaining until such time as the property redevelops. Staff recommends a
DA provision requiring all access via Fairview Ave.to cease upon redevelopment of the
commercial portion of the property and sole access to be taken via NE 3rd St.,the lesser
classification of the two streets,in accord with UDC 11-3A-3 and ACHD Policy.
The topography of the eastern portion of the commercial site where the multi-tenant building and
the eastern two(2)accesses are located is approximately 3-feet higher than the western portion of
the site where the retail building and single access is located and there is no cross-access
driveway between the two areas.
The northern access via NE 3'St. is proposed to be removed as it's too close to the intersection
and doesn't conform to ACHD standards. The second access nearest Fairview is proposed to
remain to serve the existing commercial retail store and a new driveway access is proposed 30-
feet to the south of the aforementioned driveway as depicted on the site plan in alignment with
the driveway on the west side of 3rd.Due to the traffic conflicts that will likely result with the
two driveways so close together, Staff recommends these two(2) accesses are combined and
aligned with the driveway on the west side of 3rd in accord with UDC 11-3A-3,which limits
access points to collector streets.The existing driveway in alignment with Gruber Ave. on the
west side of 3rd is proposed to remain and be reconstructed as a 30-foot wide curb return type
driveway and has been approved by ACHD. The remainder of the accesses are proposed to be
closed.
Two(2)new accesses are proposed via E.Badley Ave. to the single-family portion of the
development,which also provides connectivity to the multi-family and commercial portions of
the development.
With the subdivision, cross-access/ingress-egress easements should be granted between the
single-family, multi-family and commercial portions of the development via a note on the
final plat or a separate recorded agreement in accord with UDC 11-3A-3.
Street Improvements:
An additional 21-feet of right-of-way is required to be dedicated along Fairview Ave. consistent
with the MSM; however,no street improvements are required with this application. Fairview is
listed in the CIP to be widened from 5-to 7-travel lanes with on-street bike lanes between 2036
and 2040.
With development,the existing section of NE 3rd St.is required to be reconstructed and the
unimproved section between E. Gruber Ave. and E.Badley Ave. constructed as a collector
street in accord with the MSM and in general conformance with The City's Downtown
Meridian Street Cross-Section Master Plan, as follows:
V M...,,. F" ,�+
j
■ ..,.., as y V
. ...�.. '
r ,... 1
Note: Staff is working with ACHD on an appropriate cross-section for this street that generally
conforms to the above street section.
In accord with the right-of-way referenced in the East 3rd Street Alignment Study and the
stated need in the Cross-section Master Plan, Staff recommends the following complete
street section for NE 3rd St.between Badley and Gruber is constructed with the first phase
of development:
Buffer Sidewwalk Parkviay Curb Bikelane Lane Lane Bikelane Curb Parkway Sidewalk Buffer Total
4 10 8 2 0 13 13 0 2 8 5 1 66
For the street section between Gruber and Fairview to be constructed with the second phase
of development, the existing section of 3ra St. should be reconstructed as V2 of a 40-foot street
section with an 11-foot wide travel lane, an 8-foot wide planter strip and 5-foot wide
concrete sidewalk abutting the site.
Private Streets:
Private streets are proposed for internal access to the proposed single-family and multi-family
units for addressing purposes and are required to comply with the standards listed in UDC 11-3F-
4. Twenty-four(24) foot wide streets are proposed in the single-family portion of the
development to serve the 2-story structures and 26-foot wide streets are proposed in the multi-
family portion of the development to serve the 3-story structures in accord with Fire Dept.
requirements. The private streets should be delineated from the parking areas on the
common lot.
The Director finds the proposed private streets comply with the aforementioned standards and the
required Findings for approval (see Section X.F below). Therefore,the Director tentatively
approves the private streets subject to completion of the tasks noted in UDC 11-3F-3B within one
(1)year in accord with the Findings in Section X.F.Upon completion of these tasks and submittal
of the required documents, final approval will be issued.
Parking: Off-street parking is required to be provided in accord with the standards listed in UDC
Table 11-3C-6 for the use.
Alternative Compliance is requested to the off-street parking standards for single-family
dwellings listed in UDC Table 11-3C-6 (note 92),which requires parking pads to be located in
front of the garage,to allow the parking pads for the 3-bedroom units on Lots 2, 5,9, 11, 12, 14,
19,22,24,26,28 to and 32 to be located as close as possible to the corresponding unit as shown
on the parking exhibit in Section VIILF.
Although this request is irregular and not ideal,it still provides the required parking in fairly close
proximity to the associated dwelling units. The walking distance from the parking spaces to the
units they serve varies from 65 to 130 feet.
Due to the proposed site design with alley-loaded units accessed by private streets,the Applicant
states it's not feasible to comply with the required standards. Staff fords revisions could be made
to the plan to comply but it would change the design of the project.
Because the proposed alternative means of compliance meets the intent of the requirement by
providing an equal means of compliance and shouldn't be materially detrimental to the public
welfare or impair the intended uses and character of surrounding properties in accord with the
required Findings for such,the Director has approved the request(see Findings in Section X.G).
Sidewalks (UDC 11-3A-1 :
The UDC requires detached sidewalks along collector and arterial streets; attached sidewalks may
be provided along local streets.
There is an existing 5-foot wide detached sidewalk along E.Fairview Ave. and a 4+/-foot wide
attached sidewalk along NE 3rd St.; no sidewalk exists along Badley Ave.When NE 3'St.,a
future collector street,is reconstructed and extended,a detached sidewalk will be provided. An
attached sidewalk will be required along Badley Ave.,a local street.
A multi-use pathway is designated on the Pathways Master Plan along Fairview Ave. on this site.
If on-street bike lanes are not constructed by ACHD with the Fairview road widening project,a
10-foot wide detached sidewalk will likely be constructed by ACHD in lieu of the bike lanes. The
Applicant should coordinate with ACHD to ensure a 10-foot wide detached pathway is
constructed rather than a pathway of lesser width in accord with the Pathways Master
Plan.
Pathways(UDC 11-3A-8
The Pathways Master Plan (PMP)depicts a 10-foot wide multi-use pathway off-site along the
west side of NE 3'St. and an on-street route along E.Fairview Ave. on this site.All pathways
should comply with the standards in UDC 11-3A-8.
Accommodating the East 3rd Street Pathway is of the upmost importance.Meridian road does not
have bike lanes or parkways separating the sidewalk from a 5-lane roadway. Similarly,Main
Street does not have bike lanes and the narrow sidewalks do not accommodate bike use so close
to storefronts. The City's only opportunity for a family-friendly strong north-south pathway is on
3rd Street which has one of the few rail crossings. This Pathway alignment is adopted as part of
the Comprehensive Plan,Pathway Master Plan,and Street Cross-section Master Plan. Portions of
East 3rd Street to the South(Carlton to Franklin)are programmed for widening and will
incorporate the pathway. The pathway location on the west side has been identified as the safest
option and needs to be kept in this alignment on one-side of the street to enhance appeal and
promote its use in a pedestrian and bike-friendly downtown.
Internal pedestrian pathways are proposed from the perimeter sidewalks to the main building
entrances of the commercial buildings and within the single-family residential portion of the
development to the central common area. Revisions should be made to the pedestrian plan to
provide pedestrian connections between the single-family, multi-family and commercial
portion of the development.
The pedestrian access to Badley Ave.will provide a connection to the multi-use pathway along
the Five Mile Creek to the east.
A detached 10-foot wide multi-use pathway should be provided within the street buffer along
Fairview with redevelopment of the commercial portion of the site in Phase 3 in accord with the
PMP.ACHD may construct this pathway with the Fairview road widening project in 2036-2040
if on-street bike lanes are not constructed.
Landscaping(UDC 11-3B
A 9+/-foot wide landscaped street buffer exists along Fairview between the western and the
middle access driveway; the remainder of the site has no street buffer.No street buffer exists
along NE 3rd St. or Badley Ave.
A 25-foot wide street buffer is required along E.Fairview Ave.,an arterial street,and a 20-foot
wide street buffer is required along NE 3'St.,to be improved as a collector street,per UDC
Tables 11-2A-8 and 11-2B-3.No street buffer is required along Badley Ave. Landscaping is
required to be installed within the street buffers in accord with the standards listed in UDC 11-3B-
7C. The buffer on the commercial portion of the property will be required with the third phase of
development which should follow the Fairview Ave. road widening project.
All residential subdivision street buffers are required to be on a common lot,maintained by the
homeowner's association per UDC 11-3B-7C.2a.All commercial street buffers are required to be
on a common lot or on a permanent dedicated buffer,maintained by the property owner or
business owner's association per UDC 11-3B-7C.2b.
Landscaping is required adjacent to all pathways within the site in accord with the
standards listed in UDC 11-3B-12C.
There are existing trees on this site that are proposed to be removed with development. Mitigation
is required in accord with the standards listed in UDC 11-3B-I0C.5. Mitigation information
should be included on the landscape plan in accord with UDC standards.
Common Open Space:
The UDC (11-3G-2 does not include minimum open space standards for single-family
developments in the R-40 zoning district that are under 5 acres in size. Because the single-family
portion of the development is only 2.7+/-acres in size,open space is not required. Common open
space is proposed as shown on the landscape plan.
Common open space for multi-family developments is required per the standards listed in UDC
11-4-3-27C(see CUP analysis below for more information).
Site Amenities:
The UDC (11-3G-2)does not include minimum site amenity standards for single-family
developments in the R-40 zoning district that are under 5 acres in size. Because the single-family
portion of the development is only 2.7+/-acres in size, site amenities are not required. Site
amenities are proposed consisting of a 1,260 square foot clubhouse,a plaza area with seating,a
community garden,tot lot and a dog park.
Site amenity standards for multi-family developments are listed in UDC 11-4-3-27D(see CUP
analysis below for more information).
In the commercial area, a gazebo and plaza areas are proposed for each building.
Storm Drainage:
An adequate storm drainage system is required in all developments in accord with the City's
adopted standards, specifications and ordinances. Design and construction is required to follow
Best Management Practices as adopted by the City as set forth in UDC 11-3A-18.The Applicant
submitted a Geotechnical En in�gRReport for the subdivision. Stormwater integration is
required in accord with the standards listed in UDC 11-3B-11 C.
Pressure Irrigation:
Underground pressurized irrigation water is required to be provided for each and every lot in the
subdivision as required in UDC 11-3A-15. This property lies within the Nampa-Meridian
Irrigation District boundary.
Utilities:
Utilities are required to be provided to the subdivision as required in UDC 11-3A-21. Street lights
shall be installed in accord with the City's adopted standards, specifications and ordinances.
Waterways:
There are no waterways of significant size that cross this site. All waterways on this site shall be
piped as set forth in UDC 11-3A-6B.3,unless otherwise waived by City Council. The southern
portion of this project is within the Meridian Floodplain Overlay District(zone AE).A
floodplain development permit is required before land disturbance begins.All new and
replacement water supply systems shall be designed to minimize or eliminate infiltration of
floodwaters into the system.New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of floodwaters into the systems and discharge
from the systems into floodwaters.The lowest finished floor of the buildings must be
elevated to flood protection levels with BFE and lowest finished floor noted on final grading
plans.
Fencing:
All fencing is required to comply with the standards listed in UDC 11-3A-7.No fencing is
depicted on the landscape plan. However,the Applicant intends to construct 6-foot tall solid vinyl
fencing along the eastern and northern boundaries of the residential portion of the development to
screen the residential from the commercial uses. Fencing details should be included on the
landscape plan submitted with the final plat application(s).
C. Conditional Use Permit(CUP)—Multi-family Development:
A CUP is requested for a multi-family development consisting of 90 residential units on
approximately 2.8 acres of land in the requested R-40 zoning district in accord with UDC Table
11-2B-2.Five (5) 3-story 18-plex multi-family structures are proposed containing a mix of 1-(45)
and 2-bedroom(45)units ranging from 712 to 1,278 square feet in size.
Note: The Applicant doesn't expect the 2"d phase of development in which the multi family
development lies, to develop for approximately 4-5 years due to the type of loan they have on the
property and restrictions associated with it.
Specific Use Standards (UDC 11-4-3-27):
The proposed use is subject to the following standards: (Staffs analysis/comments in italic text)
11-4-3-27: MULTI-FAMILY DEVELOPMENT:
Site Design:
1. Buildings shall provide a minimum setback of ten feet(10')unless a greater setback is
otherwise required by this title and/or title 10 of this Code.Building setbacks shall take
into account windows,entrances,porches and patios,and how they impact adjacent
properties. The site plan included in Section VILD depicts buildings at a minimum
setback of 10 feet; no greater setback is required.
2. All on-site service areas,outdoor storage areas,waste storage,disposal facilities,and
transformer and utility vaults shall be located in an area not visible from a public street,
or shall be fully screened from view from a public street. The plans submitted with the
Certificate of Zoning Compliance application should demonstrate compliance with this
standard.
3. A minimum of eighty(80) square feet of private,usable open space shall be provided for
each unit. This requirement can be satisfied through porches,patios,decks,and/or
enclosed yards. Landscaping,entryway and other access ways shall not count toward this
requirement. In circumstances where strict adherence to such standard would create
inconsistency with the purpose statements of this section,the Director may consider an
alternative design proposal through the alternative compliance provisions as set forth in
section 11-5B-5 of this title. The Applicant's narrative states each dwelling unit will have
a minimum 80 square foot patio or balcony, which meets 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 should comply with this requirement.
6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to
All Districts",of this title.Based on (45) 1-bedroom and(45)2-bedroom units, a
minimum of 167 off-street vehicle parking spaces are required, including nine (9)guest
parking spaces, with 90 of those being in a covered carport or garage per UDC Table
11-3G6.A minimum of two (2)additional parking spaces are required for the 1,260
square foot clubhouse per UDC 11-3C-6B.1. Total off-street parking required for the
multi family development is 169 spaces with 90 covered spaces. The site plan depicts a
total of 176 spaces with 81 of those being covered, which is nine(9)more than the
minimum required but nine(9)fewer covered spaces than required.A minimum of
nine(9) of the parking spaces proposed should be covered.
Based on the number of vehicle parking spaces proposed(i.e. 176), a minimum of
seven (7)bicycle parking spaces are required per UDC 11-3C-6G that comply with the
standards listed in UDC 11-3C-5C. Bike racks should be provided in central locations
for each multi family building and the amenity building. Bicycle parking should be
included on the site plan in accord with these standards.
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 location of these items should be depicted on the site plan submitted with the
Certificate of Zoning Compliance application.
Common Open Space Design Requirements(UDC 11-4-3-270:
The total baseline land area of all qualified common open space shall equal or exceed 10%
of the gross land area for multi-family developments of 5 acres of more.Because the site is
only 2.8 acres in area, this standard does not apply.
Common open space areas are required to comply with the standards listed in UDC 11-4-3-
27C.2,which state that open space areas must be integrated into the development as a
priority and not for the use of land after all other elements of the development have been
designed. These areas should have direct pedestrian access,be highly visible,comply with
CPTED standards and support a range of leisure and play activities and uses—irregular
shaped,disconnected or isolated open spaces do not meet the standard. Open space areas
should be accessible and well connected throughout the development(i.e. centrally located,
accessible by pathway and visually accessible along collector streets or as a terminal view
from a street). Open space areas should promote the health and well-being of its residents
and support active and passive uses for recreation,social gathering and relaxation to serve
the development.Pathways should be provided to the central common open space area
for pedestrian access.
All multi-family projects over 20 units are required to provide at least one (1)common
grassy area of at least 5,000 s.f. in area that's integrated into the site design allowing for
general activities by all ages,which may be included in the minimum required open space.
The area shall increase proportionately as the number of units increase and shall be
commensurate to the size of the development as determined by the decision-making body.
The site plan depicts a central common open space area of 8,907sf. that meets this
requirement.
In addition to the baseline open space requirement,which doesn't apply in this instance, a
minimum area of outdoor common open space shall be provided as follows:
a. One hundred fifty(150) square feet for each unit containing five hundred(500)or
less square feet of living area.All units contain more than 500 square feet(sf.) of
living area.
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 of the proposed 90 units contain between 500 and 1,200 sf of living area;
therefore, a minimum of 22,500 sf. (or 0.S 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 contain
more than 1,200 square feet.
Common open space shall be not less than four hundred(400) square feet in area,and shall
have a minimum length and width dimension of twenty feet(20'). All qualified areas meet
this standard.
The qualified open space exhibit depicts 0.94-acre of qualified open space, which is 0.44-
acre above the required amount.
In phased developments,common open space shall be provided in each phase of the
development consistent with the requirements for the size and number of dwelling units.
The multi family portion of the development is proposed to be constructed in one phase as
the second overall phase of development.
Unless otherwise approved through the conditional use process,common open space areas
shall not be adjacent to collector or arterial streets unless separated from the street by a
berm or constructed barrier at least four feet(4)in height,with breaks in the berm or
barrier to allow for pedestrian access. (Ord. 09-1394, 3-3-2009,eff retroactive to 2-4-2009)
Some of the qualified open space is located adjacent to a collector street(i.e.NE 3'd St.).
As such, a berm or constructed barrier should be provided in accord with this standard.
Site Development Amenities:
1. All multi-family developments shall provide for quality of life,open space and recreation
amenities to meet the particular needs of the residents as follows:
a. Quality of life:
(1) Clubhouse.
(2) Fitness facilities.
(3) Enclosed bike storage.
(4) Public art such as a statue.
(5) Dog park with waste station.
(6) Commercial outdoor kitchen.
(7) Fitness course.
(8) Enclosed storage.
b. Open space:
(1) Community garden.
(2) Ponds or water features.
(3) Plaza.
(4) Picnic area including tables,benches,landscaping and a structure for shade.
c. Recreation:
(1) Pool.
(2) Walking trails.
(3) Children's play structures.
(4) Sports courts.
d. Multi-modal amenity standards:
(1) Bicycle repair station.
(2) Park and ride lot.
(3) Sheltered transit stop
(4) Charging stations for electric vehicles
2. The number of amenities shall depend on the size of multi-family development as
follows:
a. For multi-family developments with less than twenty(20)units,two(2)amenities
shall be provided from two (2) separate categories.
b. For multi-family development between twenty(20)and seventy-five (75)units,three
(3)amenities shall be provided,with one from each category.
c. For multi-family development with seventy-five (75)units or more, four(4)
amenities shall be provided,with at least one from each category.
d. For multi-family developments with more than one hundred(100)units,the decision-
making body shall require additional amenities commensurate to the size of the
proposed development.
3. The decision-making body shall be authorized to consider other improvements in
addition to those provided under this subsection D,provided that these improvements
provide a similar level of amenity. (Ord. 05-1170, 8-30-2005,eff. 9-15-2005)
Based on 90 multi family units, a minimum of four(4)amenities are required with at
least one from each category listed in UDC 11-4-3-27D.1. The site plan depicts the
following amenities: a swimming pool, clubhouse, dog park, community garden, bike
lockers and a tot lot from the quality of life, open space and recreation categories.An
additional amenity should be provided from the multi-modal category.
E. Landscaping Requirements:
1. Development shall meet the minimum landscaping requirements in accord with chapter 3,
"Regulations Applying to All Districts",of this title.
2. All street facing elevations shall have landscaping along their foundation. The foundation
landscaping shall meet the following minimum standards:
a. The landscaped area shall be at least three feet(3')wide.
b. For every three(3)linear feet of foundation,an evergreen shrub having a minimum
mature height of twenty-four inches(24")shall be planted.
c. Ground cover plants shall be planted in the remainder of the landscaped area.
The landscape plan submitted with the Certificate of Zoning Compliance application
should depict landscaping in accord with these standards.
F. Maintenance and Ownership Responsibilities: All multi-family developments shall record
legally binding documents that state the maintenance and ownership responsibilities for the
management of the development,including,but not limited to, structures,parking,common
areas,and other development features. The Applicant shall comply with this requirement.
Landscaping(UDC 11-38 :
Street buffer landscaping is required to be installed with the subdivision improvements(see
analysis above in Section V.B).
Landscaping is required to be provided along all pathways per the standards listed in UDC 11-3B-
12C. A mix of trees,shrubs,lawn and/or other vegetative ground cover with a minimum of
one(1)tree per 100 linear feet of pathway.
Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-7. A 6-foot
tall solid screen fence is proposed along the northern&western boundaries of the multi-family
development.
Building Elevations(UDC 11-3A-19 I Architectural Standards Manual):
Conceptual building elevations were submitted for the proposed structures multi-family as well as
the single-family structures,included in Section VILG. The single-family cottages are all
proposed to be 2-stories in height with 2-car garages,while the multi-family apartment buildings
are proposed to be 3-stories in height. The clubhouse will be a single-story in height.The
Applicant's narrative states the multi-family buildings will use similar accents that the cottage
units will have.
A Certificate of Zoning Compliance application is required to be submitted for approval of
the multi-family development and re-development of the commercial development to ensure
compliance with UDC standards and development provisions associated with this
application.A Design Review application is required to be submitted for approval of the
single-family attached and multi-family structures and future commercial structures or
changes to existing commercial structures.Final design of all structures must comply with
the design standards in the Architectural Standards Manual.
D. Conditional Use Permit(CUP)—Single-family Dwellings in R-40 District:
A CUP to requested for the development of 10 single-family detached dwellings in the requested
R-40 zoning district as required by UDC Table 11-2A-2.
Typically, single-family detached residential uses are not a desired use in the R-40(high-density
residential)zoning district. However,they are allowed as a conditional use.
There are existing single-family residential dwellings to the west across NE 3'St. and to the
south across E.Badley Ave. The proposed single-family homes at a higher density of 16.5 units
per acre will assist in providing a transition to the multi-family apartments planned in the second
phase of this development and should be compatible with adjacent uses.For these reasons, Staff
is supportive of the request.
E. Conditional Use Permit(CUP)—Nonconforming Use:
A CUP is requested to allow the existing nonconforming parking,landscaping,and mobile home
park,that includes RV's to remain as-is for an extended period of time until redevelopment
occurs with the second and third phases of the proposed development.
Per UDC 11-1A-1,a nonconforming use is defined as,"A use that lawfully existed prior to the
effective date of this title but that does not now conform to the allowed uses for the district in
which it is located. For the purpose of this title,nonconforming parking lot design and
landscaping shall be deemed a nonconforming use."A nonconforming use may be extended
through approval of a CUP as set forth in UDC 11-1B-4A.Ia.
The nonconforming use of a portion of the site as a mobile home park and the parking and
landscaping in the commercial portion of the development will remain as-is until the second and
third phases of development respectively,which will be approximately 4-5 years.
The reason for the lengthy request is so that the Applicant may proceed with development of the
southern vacant portion of the site with Phase I,while allowing the residents of the mobile home
park adequate time to fmd other housing options prior to redevelopment of that portion of the site
with Phase II. Redevelopment of the commercial portion of the site isn't proposed until the third
phase of development. The extended time period for redevelopment of the mobile home park also
accommodates the type of loan the Applicant has on the property and the income generating uses
in the interim. The extended time period for the commercial portion of the development where the
nonconforming parking and landscaping are located will allow the Fairview Ave. road widening
project to be completed.For these reasons, Staff is supportive of the Applicant's request.
VIL DECISION
A. Staff:
Staff recommends approval of the requested Rezone,Preliminary Plat and(3)Conditional Use
Permit applications per the Findings in Section IX of this staff report. The Director has approved
the requested Private Street and Alternative Compliance administrative applications associated
with this project.
B. The Meridian Planning&Zoning Commission heard these items on April 20,2023. At the public
hearing,the Commission moved to recommend approval of the subject RZ,PP and CUP requests.
1. SgMMM of Commission public hearing_
a. In favor: Steve Arnold,Applicant's Representative
b. In opposition: None
C. Commenting: Kellee Jean Warner
d. Written testimony: None
e. Staff presenting application: Sonya Allen
f Other Staff commenting on application: Bill Parsons
2. Key issue(s)of public testimony
a. Question from neighborgarding how the proposed development would affect adjacent
properties.
b. Concern from two (2)residents of the mobile home park pertaining to where they'll live
if/when the property redevelops in the future and the cost associated with moving
3. Ke, ids)of discussion by Commission:
a. Concern pertaining to the extended time period for redevelopment of the mobile home
park and commercial portions of the development and feasibility of the developer's
ability to refinance the property after the terms of the existing loan are satisfied:
b. Concern pertaining to the upkeep of the mobile home park in the interim of people
vacating the mobile homes prior to redevelopment of the site and inclusion of a
requirement for the mobile homes to be removed as they are vacated,
C. Concern pertaining to the uncertainty of what's involved with the construction of a
complete street section for NE 3'St. between Gruber and Badley(i.e. if additional
right-of-way is needed from the property to the west, if reimbursement for the cost of
construction of the western portion of the street is possible from ACHD),
d. Inclusion of a sunset requirement for the CUP for extension of the nonconforming uses.
4. Commission change(s)to Staff recommendation:
a. A sunset requirement was included for the CUP for extension of the nonconforming uses
consistent with the preliminaryplat requirement in the DA(see condition#A.4.1),
b. The pedestrian pathway along the eastern boundary of the single-family portion of the
site shall be removed due to CPTED safety concerns(see condition#A.2.2f),
C. Inclusion of a provision requiring the mobile homes&associated debris that are vacant
at the beginning of Phase 2 to be removed within 45 calendar dam: if there are more
than 5 vacant mobile homes,that time period is extended to 90 calendar days (see DA
provision#A.1.1i).
5. Outstandingissue(s) for City Council:
a. None
C. The Meridian City Council heard these items on May 23_ and June 20.2023.At the public
hearing on June 20',the Council moved to approve the subject RZ_ PP and CUP requests.
1. Summary of the City Council public hearing:
a. In favor: Steve Arnold_Applicant's Representative:Mark Kelly_Applicant
b. In opposition:None
C. Commenting: Pat Hammerhan_Mike Harsh
d. Written testimony: Mark Kelly_ Elm Grove Mobile Home Park(Applicant)
C. Staff presenting application: Sonya Allen
f Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. The Applicant proposed to install bollard lighting along pathway on east side of siUle-
family residential for visibility of the area.
b. Concern pertaining to living conditions in some of the mobile homes in the park and the
a pearance of some of the properties within the park.
C. Concern pertaining to the possible difference in cost for a rental space between the
existing park and another park when the residents are forced to move.
3. Key issue(s)of discussion by City Council:
a. Who will be in charge of maintaining the mobile home park during the transition. The
Applicant will continue to maintain the nark.
b. Concern for the displacement of residents in the mobile home park and where they will
go given the price of housing now and in the future.
C. Concern pertaining to construction vehicles negatively effecting residents of the mobile
home park.
d. Possible solutions for affordable housing when the residents have to move to another
location.
C. The need for the Applicant to provide advanced notice to residents of the park of the
upcoming change in use of the property to provide adequate time for residents to find
other housing and get on lists for low-income housing if needed.
4. City Council change(s)to Commission recommendation.
a. Modify DA provision 41.1b to include the following requirement: "The Applicant shall
submit proof of notice via registered mail to all residents of the mobile home park of the
upcoming change in use of the property with submittal of the final plat application. The
letter shall include contact information(i.e. internet links_phone numbers_ etc) for local
affordable housing resource options for residents.No building permits shall be
Submitted for at least one(1)year from the date of submittal of the final plat
application."
b. Include a condition of the CUP for the multi-family development requiring the
Applicant to submit proof of notice via registered mail to all residents of the mobile
home park of the upcoming change in use of the property with future application for a
CUP time extension for the multi-family development. The letter shall include contact
information(i.e. internet links,phone numbers_ etc.) for local affordable housing
resource options for residents (see condition 43.8 in Section IXI.
C. Modify condition#A2.2f to delete the requirement for removal of the pathway along the
eastern side of the single-family residential portion of the development and add a
requirement for pedestrian lighting to be installed along the pathway.
d. Include a new DA provision."hi two(2)years when the Applicant's loan on the
ropertv switches to a fixed-rate.the Applicant shall take inventory of the homes that
exist at that time and offer to move (at the Applicant's cost)any of the RV's or mobile
homes that are newer than 1976 to a mobile home or RV park the Applicant is building
in Ontario. OR or to my park the Applicant owns in Eagle. Twin Falls. or Kimberly.
ID.contingent upon spaces being available in those parks at that time, as offered by the
Applicant in the letter included in Section VIILG of the staff report(see Section
ix.1.1 "
VIIL EXHIBITS
A. Rezone Legal Descriptions and Exhibit Maps
Description for
R-40 Zone
September 2, 2022
A parcel of land located in the Northeast 114 of the Northwest 1/4 of Section 7,
Township 3 North, Range 1 East of the Boise Meridian, City of Meridian,Ada County,
Idaho more particularly described as follows:
Commencing at the 1/4 corner common to Sections 6 and 7, T.3N., R.1 E.,
B.M.,from which the Section corner common to Sections 1 and 12, T.3N., R.1 W.,
B.M., and said Sections 6 and 7 bears South 88"35'29"West,2.404.77 feet;thence on
the centerline of E. Fairview Avenue, South 89`11'04"West,629.99 feet; thence
leaving said centerline, South 00°35'12"West,310.09 feet to the REAL POINT OF
BEGINNING;
thence continuing South 00°35'12"West, 686.83 feet to the centerline of E.
Badley Avenue;
thence on said centerline, North 89°30'43"West, 393.75 feet to the intersection
of E. Badley Avenue and NE 3rd Street;
thence on the centerline of NE 3rd Street, North 00'28'17' East,730.12 feet;
thence leaving said centerline, South 89°28'01" East, 90.00 feet to the exterior
line of the City of Meridian C-G Zone;
thence on said exterior boundary line the following two(2)courses and
distances:
South 00'28'17"West, 50.16 feet;
North 89°11'04" East,305.21 feet to the REAL POINT OF BEGINNING.
Containing 6.284 acres, more or less.
End of Description.
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IDAHO Exhibit for 21-211
eeSe W.EUERMDST R-40 Zone Sheet No.
SURVEY BOISE,KOMO832a°
(208)ersasm 1
GROUP, LLC Located In the NE1/4 of the NWi/4 of Section 7, Dwg. Date
T.W. RAE., B.M., City of Merldlon, Ada County, doho. 9/2/2022
Description for
R-40 Zone
September 2, 2022
A parcel of land located in the Northeast 1/4 of the Northwest 1/4 of Section 7,
Township 3 North, Range 1 East of the Boise Meridian, City of Meridian,Ada County,
Idaho more particularly described as follows:
Commencing at the 1/4 corner common to Sections 6 and 7, T.3N., R.1E.,
B.M., from which the Section corner common to Sections 1 and 12, T.3N., R.1 W.,
B.M., and said Sections 6 and 7 bears South 88"35'29"West,2.404.77 feet; thence on
the centerline of E. Fairview Avenue, South 89'11'04' West, 629.99 feet; thence
leaving said centerline, South 00'35'12" West, 267.11 feet to the REAL POINT OF
BEGINNING;
thence continuing South 00`35'12"West, 42.98 feet to the exterior boundary
line of the City of Meridian C-G Zone;
thence on said exterior boundary line the following two (2) courses and
distances:
South 89'11'04"West, 305.21 feet;
North 00'28'17" East, 50.16 feet,
thence leaving said exterior boundary line, South 89'28'01" East, 305.22 feet to
the REAL POINT OF BEGINNING.
Containing 0.326 acres. more or less.
End of Description.
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IDAHO Exhibit for 21 ob 21i
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SURVEY 0.955wDAHO na 7M s R-40 Zone Sheet No.
12005 M9 e570 1
GROUP, LLC Located in the NE1/4 of the NW1/4 of Section 7, Dwq. Date
9 T.3N., R.1E., B.M., City of Meridian, Ada County, Idaho. 9/2/2022
Description for
C-G Zone
September 2, 2022
A parcel of land located in the Northeast 114 of the Northwest 1/4 of Section 7,
Township 3 North, Range 1 East of the Boise Meridian, City of Meridian, Ada County,
Idaho more particularly described as follows:
Commencing at the 1/4 corner common to Sections 6 and 7, T.3N., R.1 E.,
B.M., from which the Section corner common to Sections 1 and 12, T.3N., R.1 W.,
B.M., and said Sections 6 and 7 bears South 88"35'29" West, 2,404.77 feet; thence on
the centerline of E. Fairview Avenue, South 89`11'04" West, 935.83 feet to the exterior
boundary line of the City of Meridian C-G Zone and the REAL POINT OF BEGINNING;
thence on said exterior boundary line, South 00"28`17" West, 259.92 feet:
thence leaving said exterior boundary line, North 89"28'01" West, 90.00 feet to
the centerline of NE 3rd Street;
thence on said centerline, North 00°28'17" East, 257.80 feet to centerline of E.
Fairview Avenue;
thence on said centerline, North 89011'04" East, 90.02 feet to the REAL POINT
OF BEGINNING.
Containing 0.535 acres, more or less.
End of Description.
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GROUP, LLC Located in the NEI/4 a' the NW1/4 of Section 7, 0*9. Date
T.3N., R.1E., B.M., City of Meri&on, Ado County, Idaho. 9/2/2022
B. Preliminary Plat(dated: 4/7/2023)
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PARItlNG FEATURES RESMSD PARKING
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Floor Plans:
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Apartments (18-plex):
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H. Letter from the Applicant
Elm Grove Commercial and Mobile Home Park
History: Property was purchased in 2015 and financing was put in place which cross
collateralized Elm Grove and Riviera Estates Mobile Home Park, in Eagle. The loan is a 10-year
fixed rate interest which converts to an adjustable loan after 10 years. The vacant property at
the south end of the Elm Grove property(Promenade Cottages Area) is allowed to be carved
out of the collateral held by the bank as we were planning to develop this vacant portion of the
property. The balance of the property will need to remain operating as-is per the loan
documents and remain as collateral for the loan as long as it is in existence. We have been
working with City Staff to entitle the property for approximately 5-6 years.
Inventory of homes at the park at this time (total of 40 spaces):
15- Recreation Vehicles(these can be moved very easily and economically and there are a
number of RV parks within a 50-mile radius of Elm Grove)
17- Mobile homes that are older than 1976 (these homes typically need to be retrofitted to
meet HUD standards before they can be moved depending on individual jurisdictions and are
usually uneconomical and will require costly dump fees to dispose of these homes)
8—Mobile homes newer than 1976(these homes can be moved and make economic sense in
most cases)
*in two years the inventory could be different and we are committed to filling any future vacant
spaces during the interim period prior to construction of phase 2/multi-family to RVs so that
when the closing of the park occurs it will be easier to transition.
Possible Options to help with the displacement of residents of the Mobile Home
Park(while we have empathy for anyone that has to change their living arrangement,we feel
the RVs are going to be able to find other alternatives when the time comes that we are ready
to give notice to vacate):
1. In two years when the loan is switching from a fixed-rate we could take inventory of
what homes exist and at that time we could offer to move(at our cost)any of the RVs or
MHs that are newer than 1976 to a mobile home park and RV park we are building in
Ontario,Oregon or to any MH park we own in Eagle,Twin Falls or Kimberly(pending
there are spaces available in those parks).
2. Instead of giving"90 day notices to vacate" (which Idaho statute requires)to all
residents when we are ready to begin construction on the phase 2 multi-family
component then we will give "180 day notice to vacate" and will provide assistance in
finding affordable housing and RV park options at that time by providing materials and
internet links such as these https://housingidaho.com and https:l/bcaacha.org/
3. Another possibility is to replace our existing manufactured home community with a new
one. If the City has any surplus property for sale or is open to allowing the development
of a new community within its boundaries,we can construct a suitable manufactured
home community to accommodate the 25 available homes that could potentially be
relocated.
4. The City is proposing to condition us to build the full width of street improvements for
3rd street between Gruber and 6adley. We are accustomed to building half width
improvements when we are developing only one side of the proposed street. If the City
would condition us to only build a full half width in this area,we could then allocate a
portion of those dollars to providing financial assistance to the residents of the mobile
home park.
The proposed development involves significant risks,considering the current financing
challenges and uncertainties in the commercial mortgage market.We need to strike a balance
between servicing the existing debt and transitioning to the development of the multi-family
units.This transition would entail discontinuing the current revenue source.
We are hopeful that the city will approve the necessary documents to carve out the phase 1
area (Promenade Cottages).This will allow us to commence construction on that phase,
creating an alternative revenue source for the property.This new revenue stream will assist in
transitioning the financing for the entire property and progressing with phase 2 of the multi-
family development.
While the multi-family units are not specifically designed to meet "affordable per medium
income standards" or be deed restricted,they are planned to offer smaller 1-and 2-bedroom
options that are relatively more affordable. Increasing the overall supply of rental units will
ultimately contribute to the affordability of the entire market area.
Sincerely,
7&4,z4�
Elm Grove Mobile Home Park
IX. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. Rezone
1.1 A Development Agreement(DA)is required as a provision of rezone of this property.
Prior to approval of the rezone ordinance,a DA shall be entered into between the City of
Meridian,the property owner(s)at the time of rezone ordinance adoption,and the
developer.
Currently,a fee of$303.00 shall be paid by the Applicant to the Planning Division prior
to commencement of the DA. The DA shall be signed by the property owner and returned
to the Planning Division within six(6)months of the City Council granting the rezone.
The DA shall,at minimum,incorporate the following provisions if City Council
determines the rezone is in the best interest of the City:
a. Future development of this site shall be generally consistent with the site plan,
landscape plan,phasing plan and building elevations included in Section VIII and the
provisions contained herein.
b. The final plat application for the second phase of development shall not be submitted
to the Planning Division for a minimum period of four(4)years from the date of
approval of the preliminary plat to allow residents of the mobile home nark ample
time to find other housing prior to redevelopment of the site. The Applicant shall
submit proof of notice via registered mail to all residents of the mobile home
ark of the upcoming change in use of the property with submittal of the final
plat application.The letter shall include contact information (i.e.internet links.
hone numbers,etc.) for local affordable housing resource options for residents.
No building permit applications shall be submitted for at least one (1) year from
the date of submittal of the final plat application.
c. All access via E. Fairview Ave. for the subject property shall cease upon
redevelopment of the commercial portion of the property and sole access shall be
taken via NE 3'St.,the lesser classification of the two streets,in accord with UDC
11-3A-3 and ACHD Policy.
d. With the first phase of dei,elepment, the d&veleper-shall stfeet seetiOff-fq-4-:N- F-- -A'St.
between Badley and Gmber-to be eenstmeted with the first phase of deN,elepmen4:
e. With the first phase of development,the Developer shall construct NE 3'St.between
E.Badley Ave. and E. Gruber Ave. as a complete street section(from west to east
abutting the site),as follows: 4-foot wide buffer, 10-foot wide sidewalk/pathway, 8-
foot wide parkway,2-foot wide curb and gutter,two (2) 13-foot wide travel lanes,2-
foot wide curb and gutter,and an 8-foot wide parkway, 5 feet wide s a,,w k an '--
feet wide bu within the existing 66 60-feet of right-of-way.Provide a permanent
right-of-way easement extending from the right-of-way line to 2-feet behind back of
sidewalk abutting the site on the east side of NE 3'St. for a 5-foot wide detached
sidewalk.
f. With the second phase of development,the Developer shall recenstme+'_`TE ?05=4.
be�ween E. C*ttb2r'- i4c-arnrEFaif—vie d6 h 1 f of,. 40 feet y`4de sc4eet seeti6n
with aft 11 feet wide t+a-'�el!a-He, aft 9 feet wide Pla-Hter-Stfip end 5 feet wide
eener-ete side ,. k..butting the site construct an 8-foot wide planter strip and 5-foot
wide detached sidewalk abutting the site on the east side of NE 3'St. A permanent
right-of-way easement shall be provided to 2-feet behind back of sidewalk if located
outside of the right-of-way; sidewalk shall be located wholly within right-of-way or
wholly within an easement.
g. The existing nonconforming parking and landscaping in the commercial portion of
the development and the mobile home park in the R-40 zoning district,is allowed to
remain until redevelopment of the site in accord with the phasing plan as approved
with the conditional use permit for extension of these nonconforming uses.
h. Depict pedestrian connections between the single-family,multi-family and
commercial portions of the development. All pathways should comply with the
standards in UDC 11-3A-8.
i. The mobile homes and associated debris that are vacant at the beginning of Phase 2
shall be removed within 45 calendar days; if there are more than five (5)vacant
mobile homes,that time period is extended to 90 calendar days.
In two (21 years when the Applicant's loan on the property switches to a fixed-rate
the Applicant shall take inventory of the homes that exist at that time and offer to
move (at the Applicant's cost)any of the RV's or mobile homes that are newer than
1976 to a mobile home or RV park that the Applicant is building in Ontario_ OR or to
any park the Applicant owns in Eagle_Twin Falls_ or Kimberly_ ID contingent upon
spaces being available in those parks at that time, as offered by the Applicant in the
letter included in Section VIII.G of the staff report.
2. Preliminary Plat
2.1 The final plat(s)shall include the following revisions:
a. Depict a 25-foot wide street buffer along E. Fairview Ave.,an arterial street,and a
20-foot wide street buffer along NE 3'St.,to be improved as a collector street,
within a common lot or on a permanent dedicated buffer easement,maintained by the
property owner,homeowner's association or business owners' association,per UDC
11-3B-7C.2a.
b. Remove the western-most driveway access driveway via E.Fairview Ave. on the
commercial portion of the property as it does not meet ACHD policy.
c. Remove one of the two driveway accesses via E.Fairview Ave. in front of the
existing multi-tenant building in accord with UDC 11-3A-3,unless otherwise waived
by City Council.
d. Combine the two (2)northern access driveways via NE 3'St. and align the driveway
with the driveway on the west side of NW 3'St.
e. A cross-access/ingress-egress easement shall be provided between the single-family,
multi-family and commercial lots via a note on the final plat or a separate recorded
agreement in accord with UDC 11-3A-3.
f. Delineate the privates from parking areas on the common lot.
2.2 The landscape plan included in Section VILC shall be revised as follows:
a. Depict a 25-foot wide street buffer along E.Fairview Ave.,an arterial street,and a
20-foot wide street buffer along NE 3'St.,to be improved as a collector street,with
landscaping in accord with the standards listed in UDC 11-3B-7C.
b. Landscaping is required adjacent to all pathways within the site in accord with the
standards listed in UDC 11-3B-12C.
c. Mitigation information should be included on the landscape plan for all existing trees
that are being removed with development in accord with the standards listed in UDC
11-3B-IOC.5.
d. Depict a minimum 5-foot wide detached sidewalk with an 8-foot wide parkway along
the east side of NW 3'Street in accord with the Downtown Meridian Street Cross-
Section Master Plan (see pg. 4-11).
e. Depict a 10-foot wide detached sidewalk/pathway along E.Fairview Ave. within the
street buffer if not constructed by ACHD with the Fairview Ave.road widening
project.
f D om a ,e the a destfia ..tl.w ,a4e the easte 1,,.un of the s to F,..jIy
a of the site ..t the diFeetio of the r,.,...,..4ssi i . Depict pedestrian lighting
ad
jacent to the pathway along the eastern boundary of the single-family residential
portion of the development.
2.3 Future development shall be consistent with the minimum dimensional standards listed in
UDC Table 11-2A-8 for the R-40 zoning district and UDC Table 11-2B-3 for the C-G
zoning district.
2.4 All private streets within the development shall comply with the design and construction
standards listed in UDC 11-3F-4.
2.5 Off-street parking is required to be provided in accord with the standards listed in UDC
Table 11-3C-6 for single-family dwellings based on the number of bedrooms per unit.
Alternative Compliance was approved for Lots 2, 5,9, 11, 12, 14, 19,22,24,26,28 to
and 32,to allow the parking pads to be in alternate locations as depicted on the parking
exhibit in Section VIILF instead of in front of the garages.
2.6 The Applicant shall comply with all ACHD conditions of approval.
2.7 Provide a pressurized irrigation system consistent with the standards as set forth in UDC
11-3A-I5,UDC 11-3B-6 and MCC 9-1-28.
2.8 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 set forth in UDC 11-3B-14.
2.9 A Design Review application shall be submitted for approval of the single-family
attached structures.Final design shall comply with the design standards in the
Architectural Standards Manual.
2.10 The preliminary plat approval shall become null and void if the applicant fails to either:
1)obtain the City Engineer signature on a final plat within two years of the date of the
approved findings; or 2)obtain approval of a time extension as set forth in UDC 11-6B-7.
3. Conditional Use Permit(multi-family development):
3.1 Compliance with the specific use standards listed in UDC 11-4-3-27: Multi-Family
Development and the dimensional standards listed in UDC Table 11-2A-8 is required.
3.2 The site/landscape plans submitted with the Certificate of Zoning Compliance shall be
revised as follows:
a. All on-site service areas,outdoor storage areas,waste storage,disposal facilities,and
transformer and utility vaults shall be located in an area not visible from a public
street,or shall be fully screened from view from a public street in accord with UDC
11-4-3-27B.2.
b. 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.
c. Depict landscaping along all the foundation of all street facing elevations in accord
with the standards listed in UDC 11-4-3-27E.
d. Depict landscaping along all pathways per the standards listed in UDC 11-3B-12C.A
mix of trees, shrubs, lawn and/or other vegetative ground cover with a minimum of
one (1) tree per 100 linear feet of pathway.
e. Depict a minimum of 176 off-street parking spaces as proposed with at least 90 of
those being in a covered carport or garage per UDC Table 11-3C-6.
f. Depict a minimum of 7 bicycle parking spaces (based on 176 vehicle parking spaces
proposed)per the standards listed in UDC 11-3C-6G:bicycle parking facilities shall
comply with the standards listed in UDC 11-3C-5C.Bike racks should be provided in
central locations for each multi-family building and the amenity building.
g. Pathways should be provided to the central common open space area for pedestrian
access in accord with UDC 11-4-3-27C.2b.
h. Depict an additional site amenity from the multi-modal category listed in UDC 11-4-
3-27D.1 d in accord with UDC 11-4-3-27D.2c.
i. Depict minimum 7-foot wide sidewalks where parking abuts sidewalks if wheel stops
aren't proposed to prevent vehicle overhang in accord with UDC 11-3C-5B4; if 7-
foot sidewalks are proposed,the length of the stall may be reduced to 17 feet.
J. Depict a berm or constructed barrier at least four feet(T)in height,with breaks in the
berm or barrier to allow for pedestrian access,along NE 3'St. in accord with UDC
11-4-3-27C.7.
3.3 No recreational vehicles,snowmobiles,boats or other personal recreation vehicles shall be
stored on the site unless provided for in a separate,designated and screened area as set forth
in UDC 11-4-3-27B.5.
3.4 Submit a floor plan(s) for the multi-family structures that depict a minimum of 80 square feet
of private,usable open space for each unit in accord with UDC 11-4-3-27B.3.
3.5 All multi-family developments shall record legally binding documents that state the
maintenance and ownership responsibilities for the management of the development,
including,but not limited to, structures,parking,common areas,and other development
features as set forth in UDC 11-4-3-27F. A recorded copy of the document shall be
submitted prior to issuance of the first Certificate of Occupancy for the development.
3.6 A Certificate of Zoning Compliance and Design Review application shall be submitted for
approval of the multi-family development to ensure compliance with UDC standards and
development provisions associated with this application. Final design of all structures must
comply with the design standards in the Architectural Standards Manual.
3.7 The conditional use permit 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.
Upon written request and filing by the applicant prior to the termination of the period in
accord with subsection(F)(1)of this section,the director may authorize a single extension of
time to commence the use not to exceed one (1)two-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 this chapter.
3.8 The Applicant shall submit proof of notice via registered mail to all residents of the mobile
home park of the upcoming change in use of the property with future application for a time
extension of the conditional use permit. The letter shall include contact information(i.e.
internet links_phone numbers_ etc.) for local affordable housing resource options for
residents.
4. Conditional Use Permit(Extension of Non-Conformine Uses)
4_1 The conditional use permit for the extension of the non-conforming uses stated herein is valid
for a period of four(4)years from the date of approval. A time extension may be requested in
accord with the standards listed in UDC 11-5B-6F.3.
5. Conditional Use Permit(Sinele-family Detached Residential in the R-40 Zoning District)
5_1 The developer is allowed to construct up to ten(10) single-family detached dwelling units in
the R-40 zoning district as allowed by UDC Table 11-2A-2 with a conditional use permit.
B. PUBLIC WORKS
1. Site Specific Conditions of Approval
1.1 Ensure no sewer services cross infiltration trenches.
1.2 End of line requires a minimum of 0.6% slope.
1.3 Minimum angle into/out of a manhole in the direction of flow is 90 degrees. This is not
met for tie in from the apartments to NE 3rd St.
1.4 Water or sewer mains requires a 20'easement with main centered in the middle. Sewer
and water in parallel require a 30'easement with 10'separation between mains and edge
of pavement. Sewer crossing the common lot as well as within the apartments do not
meet these requirements.
1.5 Provide 20'easements for water services up to water meters and 10'beyond.
1.6 Provide 20'easements for fire hydrant laterals and 10'beyond.
1.7 Ensure no permanent structures(trees,bushes,buildings,carports,trash receptacle walls,
fences,infiltration trenches,light poles,etc.)are built within the utility easement.
1.8 Water main stubs to future phases must have a blow-off
1.9 Provide a water valve halfway through the apartment loop.
1.10 A portion of this project is within the Meridian Floodplain Overlay District. A floodplain
development permit is required before land disturbance begins.All new and replacement
water supply systems shall be designed to minimize or eliminate infiltration of
floodwaters into the system.New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of floodwaters into the systems and
discharge from the systems into floodwaters.The lowest finished floor of the buildings
must be elevated to flood protection levels with BFE and lowest finished floor noted on
final grading plans.
2. General Conditions of Approval
2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department,and execute standard forms of easements for any mains that are required to
provide service outside of a public right-of-way. Minimum cover over sewer mains is
three feet,if cover from top of pipe to sub-grade is less than three feet than alternate
materials shall be used in conformance of City of Meridian Public Works Departments
Standard Specifications.
2.2 Per Meridian City Code (MCC),the applicant shall be responsible to install sewer and
water mains to and through this development. Applicant may be eligible for a
reimbursement agreement for infrastructure enhancement per MCC 8-6-5.
2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of
public right of way(include all water services and hydrants). The easement widths shall
be 20-feet wide for a single utility,or 30-feet wide for two. Submit an executed easement
(on the form available from Public Works),a legal description prepared by an Idaho
Licensed Professional Land Surveyor,which must include the area of the easement
(marked EXHIBIT A)and an 81/2"x I I"map with bearings and distances (marked
EXHIBIT B) for review.Both exhibits must be sealed, signed and dated by a Professional
Land Surveyor. DO NOT RECORD.
2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-
round source of water(UDC 11-3B-6). The applicant should be required to use any
existing surface or well water for the primary source. If a surface or well source is not
available,a single-point connection to the culinary water system shall be required. If a
single-point connection is utilized,the developer will be responsible for the payment of
assessments for the common areas prior to prior to receiving development plan approval.
2.5 Any structures that are allowed to remain shall be subject to evaluation and possible
reassignment of street addressing to be in compliance with MCC.
2.6 All irrigation ditches,canals,laterals,or drains,exclusive of natural waterways,
intersecting,crossing or laying adjacent and contiguous to the area being subdivided shall
be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply
with Idaho Code 42-1207 and any other applicable law or regulation.
2.7 Any wells that will not continue to be used must be properly abandoned according to
Idaho Well Construction Standards Rules administered by the Idaho Department of
Water Resources. The Developer's Engineer shall provide a statement addressing
whether there are any existing wells in the development,and if so,how they will continue
to be used,or provide record of their abandonment.
2.8 Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment
procedures and inspections(208)375-5211.
2.9 All improvements related to public life, safety and health shall be completed prior to
occupancy of the structures.
2.10 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.
2.11 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.
2.12 Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
2.13 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.14 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.
2.15 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.
2.16 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.
2.17 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.
2.18 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.men'diancity.org/public_works.aspx?id=272.
2.19 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.
2.20 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. FIRE DEPARTMENT
https://weblink.meridiancity.or lWebLink/DocView.aspx?id 274173&dbid 0&re2o MeridianC
Lty
D. POLICE DEPARTMENT
https://weblink.meridiancity.org/WebLink/DocView.aspx?id 274178&dbid 0&repo=MeridianC
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E. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS)
hyps://weblink.meridiancity.orgj eRink/DocView.aspx?id 277899&dbid 0&repo=MeridianC
W
F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
https://weblink.meridiancity.orgj ebLink/DocView.aspx?id 276640&dbid 0&repo MeridianC
i &cr1
https://weblink.meridiancity.orgi ebLink/DocView.aspx?id 285893&dbid 0&repo MeridianC
Lty
G. IDAHO TRANSPORTATION DEPARTMENT(ITD)
https://weblink.meridiancity.org/WebLink/DocView.aspxT id282985&dbid0&repoMeridianC
Lty
https://weblink.meridiancity.org/WebLink/DocView.aspx?id 278368&dbid 0&repo MeridianC
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H. WEST ADA SCHOOL DISTRICT(WASD)
https://weblink.meridiancity.org/WebLink/DocView.aspxT id279665&dbid0&repoMeridianC
a
L COMMUNITY DEVELOPMENT DEPARTMENT—SCHOOL IMPACT
https://weblink.meridiancity.org/WebLink/DocView.aspx?id 278904&dbid 0&repo MeridianC
J. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
https://weblink.meridiancity.org! ebLinkIDocView.aspx?id 283103&dbid O&repo MeridianC
i &cr1
K. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https://weblink.meridiancioy oEgi ebLinkIDocView.aspx?id 298048&dbid O&roo MeridianC
Lty
https://weblink.meridianci.y.org/WebLink/DocView.aspx?id274103&dbid0&repo—Meridian C
Lty
L. PARK'S DEPARTMENT
https://weblink.meridiancity.org/WebLink/DocView.aspx?id 293798&dbid 0&repo MeridianC
a
M. MERIDIAN DEVELOPMENT CORP.
https://weblink.meridiancity.org/WebLink/DocView.aspx?id294143&dbid0&repo—Meridian C
a
X. FINDINGS
A. Rezone:
Required Findings: Upon recommendation from the commission,the council shall make a full
investigation and shall,at the public hearing,review the application. In order to grant an
annexation and/or rezone,the council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive plan;
The City Council finds the proposed zoning map amendment to R-40 and C-G and subsequent
development is generally consistent with the Comprehensive Plan and the underlying FLUM
designations of Commercial and High-Density Residential.
2. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds the proposed map amendment will alleviate the existing
nonconforming use of the commercial retail use in the R-8 zoning district and allow for a
range of housing opportunities consistent with the Comprehensive Plan.
3. The map amendment shall not be materially detrimental to the public health, safety,and
welfare;
The City Council finds the proposed zoning map amendment and subsequent development
should not be detrimental to the public health, safety and welfare if adequate notice is
provided to existing residents of the mobile home park as required.
4. The map amendment shall not result in an adverse impact upon the delivery of services by
any political subdivision providing public services within the city including,but not limited
to, school districts; and
The City Council finds the proposed zoning map amendment will not result in an adverse
impact on the delivery of services by any political subdivision providing public services
within the City.
5. The annexation(as applicable)is in the best interest of city.
This finding is not applicable as the application is for a rezone, not annexation.
B. Preliminary Plat:
In consideration of a preliminary plat,combined preliminary and final plat, or short plat,
the decision-making body shall make the following findings:
1. The plat is in conformance with the Comprehensive Plan;
The City Council finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan in regard to land use,density, transportation, and pedestrian connectivity
with the condition in this report. (Please see Comprehensive Plan Policies in, Section V of this
report for more information)
2. Public services are available or can be made available and are adequate to accommodate
the proposed development;
The City Council finds that public services will be provided to the subject property with
development. (See Section IX of the Staff Report for more details from public service providers)
3. The plat is in conformance with scheduled public improvements in accord with the City's
capital improvement program;
Because City water and sewer and any other utilities will be provided by the development at
their own cost, the City Council finds that the subdivision will not require the expenditure of
capital improvement funds.
4. There is public financial capability of supporting services for the proposed development;
The City Council finds there is public financial capability of supporting services for the
proposed development based upon comments from the public service providers (i.e., Police,
Fire, ACHD, etc.) in Section IX.
5. The development will not be detrimental to the public health, safety or general welfare;
and,
The City Council is not aware of any health, safety, or environmental issues associated with
the platting of this property that would be detrimental to the public health, safety or general
welfare.
6. The development preserves significant natural, scenic or historic features.
The City Council is unaware of any significant natural, scenic or historic features that exist on
this site that require preserving.
C. Conditional Use Permit(multi-family development):
The city council 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.
The City Council finds the site is large enough to accommodate the development of 90
apartment units and meet all of the dimensional and development regulations of the R-40
zoning district.
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 the proposed multi family development will be harmonious with the
Comprehensive Plan and in accord with the standards in the UDC.
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 design, construction, operation and maintenance of the proposed
multi family development will be compatible with other uses in the general neighborhood and
should not adversely change the essential character of the same area, if all conditions of
approval are met.
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 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.
The City Council finds the proposed use will be adequately served by essential public
facilities and services.
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.
Because all public facilities and services are readily available, the City Council 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 by reason of excessive production of traffic,noise, smoke,fumes, glare or odors.
Although traffic will increase in the vicinity with approval of the proposed multi family
development, the City Council finds it shouldn't be excessive or 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)
The City Council finds approval of the proposed use shouldn't result in the destruction, loss
or damage of any such features.
D. Conditional Use Permit(single-family dwellings in R-40 district):
The city council 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.
The City Council finds the site is large enough to accommodate the proposed use and meet
all of the dimensional and development regulations of the R-40 zoning district except for the
off-street parking standards, of which the Applicant requests approval of alternative
compliance (see Section VI.D).
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 the proposed use (i.e. single-family dwellings) will be harmonious
with the Comprehensive Plan in it they will provide a transition in density and uses to the
proposed multi family development and complies with UDC standards with approval of a
conditional use permit.
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 design, construction, and proposed operation and maintenance of
the single-family dwellings will be compatible with other such uses in the neighborhood to
the west and south and should not adversely change the essential character of the same area.
4. That the proposed use,if it complies with all conditions of the approval imposed,will not
adversely affect other property in the vicinity.
The City Council finds the proposed use will not adversely affect other properties in the
vicinity.
5. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools,parks,police and fire protection,drainage
structures, refuse disposal,water,and sewer.
The City Council finds the proposed use will be adequately served by essential public
facilities and services.
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.
The City Council finds the proposed use will not create additional costs for public facilities
and services and will not be detrimental to the economic welfare of the community.
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 by reason of excessive production of traffic,noise, smoke,fumes, glare or odors.
Although traffic will increase in the vicinity with approval of the proposed residential units,
the City Council finds it shouldn't be excessive or 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)
The City Council finds approval of the proposed use shouldn't result in the destruction, loss
or dame of any such features.
E. Conditional Use Permit(non-conforming use):
The city council 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.
The City Council finds this finding does not apply to the proposed extension of the
nonconforming uses.
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 this finding does not apply to the extension of the nonconforming uses
as the proposed uses do not comply with certain UDC standards, thus the reason for the
request.
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 extension of the nonconforming uses is compatible with other uses
in the general neighborhood that are yet to redevelop and comply with current UDC
standards and will not adversely change the essential character of the area.
4. That the proposed use,if it complies with all conditions of the approval imposed,will not
adversely affect other property in the vicinity.
The City Council finds the extension of the nonconforming uses 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.
The City Council finds the extension of the nonconforming uses will continue to be
adequately served by the facilities and services noted.
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.
The City Council finds the extension of the nonconforming uses 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 by reason of excessive production of traffic,noise, smoke,fumes, glare or odors.
The City Council finds the extension of the proposed nonconforming uses will not involve
activities or processes, materials, equipment and conditions of operation that will be
detrimental to any persons,property or the general welfare as noted.
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)
The City Council finds the proposed use will not result in the destruction, loss or damage of a
natural,scenic or historic feature of major importance.
9. Additional findings for the alteration or extension of a nonconforming use:
a. That the proposed nonconforming use does not encourage or set a precedent for
additional nonconforming uses within the area; and
The City Council finds the proposed extension of the nonconforming uses do not
encourage or set a precedent for additional nonconforming uses within the area.
b. That the proposed nonconforming use is developed to a similar or greater level of
conformity with the development standards as set forth in this title as compared to the
level of development of the surrounding properties.
The City Council finds the proposed extension of nonconforming uses are comparable to
adjacent properties in the area that are yet to redevelop.
F. Private Street:
In order to approve the application,the Director shall find the following:
1. The design of the private street meets the requirements of this Article;
The Director finds the design of the proposed private streets complies with the standards
listed in UDC 11-3F-4. See analysis in Section VI.B for more information.
2. Granting approval of the private street would not cause damage hazard, or nuisance, or
other detriment to persons,property, or uses in the vicinity; and
The Director finds that granting approval of the proposed private streets would not cause any
hazard, nuisance or other detriment to persons,property or uses in the vicinity if the streets
are designed as proposed and constructed in accord with the standards listed in UDC 11-3F-
4B.
3. The use and location of the private street shall not conflict with the comprehensive plan
and/or the regional transportation plan.
The Director finds the use and location of the private streets does not conflict with the
Comprehensive Plan and/or the regional transportation plan as they are proposed to connect
to local(E. Badley Ave) and collector(NE Yd St.)streets consistent with private street
standards.
4. The proposed residential development(if applicable)is a mew or gated development.
The Director finds the proposed residential development incorporates a mew in the site
design as desired.
G. Alternative Compliance:
In order to grant approval for an alternative compliance application,the Director shall
determine the following:
1. Strict adherence or application of the requirements are not feasible; or
The Director finds with the proposed site design, strict adherence or application of the
requirements is not feasible; however, revisions to the site plan could be made to comply.
2. The alternative compliance provides an equal or superior means for meeting the
requirements; and
The Director finds the proposed alternative means of compliance provides an equal means
for meeting requirement.
3. The alternative means will not be materially detrimental to the public welfare or impair
the intended uses and character of surrounding properties.
The Director finds the proposed alternative means of compliance to the parking standards
will not be materially detrimental to the public welfare of impair the intended use and
character of surrounding properties.