Tanner Creek DA H-2022-0048 (2024-007677) ADA COUNTY RECORDER Trent Tripple 2024-007677
BOISE IDAHO Pgs=91 ANGIE STEELE 02/14/2024 04:14 PM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Corey D. Barton, Owner
3. Challenger Development, Inc.,Developer
THIS DEVELOPMENT AGREEMENT(this "Agreement") is made and entered into this 6th day of
February , 20 24 ,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
Corey D. Barton, whose address is 1977 E. Overland Rd., Meridian, ID 83642, hereinafter called
"OWNER," and Challenger Development, Inc., whose address is 1977 E. Overland Rd., Meridian,
Idaho 83642, hereinafter called"DEVELOPER."
I. RECITALS:
1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of a 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,
hereinafter referred to as the "Property;" and
1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance,
establish provisions governing the creation, form, recording, modification,
enforcement and termination of development agreements required or permitted as a
condition of zoning that the Owner/Developer make a written commitment
concerning the use or development of the Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section
11-513-3 of the Unified Development Code ("UDC"), which authorizes
development agreements and the modification of development agreements; and
1.4 WHEREAS, Owner/Developer have submitted an application for development
agreement modification to remove the property listed in Exhibit "A" from an
existing Development Agreement recorded in Ada County as Instrument
#108131100 and to replace it with a new Development Agreement to rezone a total
DEVELOPMENT AGREEMENT—TANNER CREEK SUBDIVISION H-2022-0048
Page 1 of 10
of 41.89 acres of land from the C-G zoning district to the R-8 (12.16 acres), R-15
(12.27 acres), and R-40 (17.46 acres) zoning districts, allowing a mix of residential
uses to develop on the site, including single-family detached and attached
dwellings, townhouse dwellings, and multi-family residential apartments and for
the inclusion of the Property into this new Agreement, 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 duly noticed public
hearings before 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 development agreement
modification held before the City Council includes responses of government
subdivisions providing services within the City of Meridian planning jurisdiction,
and includes further testimony and comment; and
1.7 WHEREAS, on the 5ch of December, 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, Owner/Developer deem it to be in their best interest to be able to
enter into this Agreement and acknowledge that this Agreement was entered into
voluntarily and at their urging and request; and
1.9 WHEREAS, the property listed in Exhibit"A" shall no longer be subject to the
terms of the existing Development Agreement(Inst. #108131100) and shall be
bound by the terms contained herein in this new agreement; and
1.10 WHEREAS, City requires the Owner/Developer to enter into a development
agreement modification 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 designations are 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:
DEVELOPMENT AGREEMENT-TANNER CREEK SUBDIVISION H-2022-0048
Page 2 of 10
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: means and refers to Corey D. Barton, whose address is 1977 E.
Overland Rd., Meridian, Idaho 83642, the party that owns said Property and shall
include any subsequent owner(s) of the Property.
3.3 DEVELOPER: means and refers to Challenger Development, Inc., whose
address is 1977 E. Overland Rd., Meridian, Idaho 83642, the party that is
developing said Property and shall include any subsequent developer(s) of the
Property.
3.4 PROPERTY: means and refers to that certain parcel of Property located in the
County of Ada, City of Meridian as described in Exhibit"A," describing a parcel
to be removed from existing Development Agreement recorded in Ada County as
Instrument#108131100, with such parcel being bound by this new Agreement,
which Exhibit"A" is attached hereto and by this reference incorporated herein as
if set forth at length.
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 as
permitted, conditional and/or accessory uses 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 conceptual
site plan, conceptual building elevations,preliminary plat, phasing plan,
landscape plan, and qualified open space exhibits included in Section VII of the
Staff Report attached to the Findings of Fact and Conclusions of Law attached
DEVELOPMENT AGREEMENT-TANNER CREEK SUBDIVISION H-2022-0048
Page 3 of 10
hereto as Exhibit`B" and the provisions contained herein. Flexibility in the
phasing to adjust the number of lots, combination of lots and number of phases
to reflect changing market conditions is permitted unless otherwise restricted
herein or in the Cooperative Development Agreement with Ada County
Highway District(ACHD).
b. The Developer shall construct a bridge across the Ten Mile Creek and extend
Corporate Drive from the north to Waltman Lane, as required by ACHD, prior
to issuance of any building permits within the first phase of development.
c. The Developer shall widen W. Waltman Lane and reconstruct and widen the
bridge across the Ten Mile Creek after the Phase 1 improvements have been
made, which include the Corporate Drive extension, as required in the
Cooperative Development Agreement with ACHD.
d. Noise abatement shall be provided for residential uses adjacent to Interstate 84
in accord with the standards listed in UDC 11-3H-4D. The berm and wall in its
entirety shall be constructed with the first phase of development that's platted
adjacent to I-84.
e. The rear and/or sides of new homes facing Interstate 84 and W. Waltman Ln.
shall incorporate articulation through changes in two or more of the following:
modulation (e.g., projections, recesses, step-backs, pop-outs), bays,banding,
porches, balconies, material types, or other integrated architectural elements to
break up monotonous wall planes and roof lines that are visible from the subject
public streets. Single-story structures are exempt from this requirement.
f. No building permits shall be issued for this development until the property has
been subdivided.
g. At no time shall construction traffic associated with the development of this site
be allowed to access this site using Ruddy Dr. through The Landing
Subdivision.
6. COMPLIANCE PERIOD: This Agreement must be fully executed within six (6)months
after the date of the Findings 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's/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
DEVELOPMENT AGREEMENT-TANNER CREEK SUBDIVISION H-2022-0048
Page 4 of 10
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 actions 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 § 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, agreements, conditions, and obligations contained herein are unique to
the Property and integral to the 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
DEVELOPMENT AGREEMENT-TANNER CREEK SUBDIVISION H-2022-0048
Page 5 of 10
policy, notify the City Engineer and request the City Engineer's inspections and written ordinance or
policy, notify the City Engineer and request the City Engineer's inspections and written approval of
such completed improvements or portion therefor in accordance with the terms and conditions of this
Agreement and all other ordinance 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.
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 agrees to provide, if
required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued if 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 agrees to abide by all
ordinances of the City of Meridian unless otherwise provided by this Agreement.
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 Ave.
Meridian, Idaho 83642 Meridian, Idaho 83642
OWNER: DEVELOPER:
Corey D. Barton Challenger Development, Inc.
1977 E. Overland Rd. 1977 E. Overland Rd.
Meridian, Idaho 83642 Meridian, Idaho 83642
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.
DEVELOPMENT AGREEMENT-TANNER CREEK SUBDIVISION H-2022-0048
Page 6 of 10
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/developer 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/Developer, to execute appropriate and
recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, has
determined that Owner/Developer has fully performed its 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 reasonable in giving any consent, approval, or taking any other action under this
Agreement.
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.
DEVELOPMENT AGREEMENT-TANNER CREEK SUBDIVISION H-2022-0048
Page 7 of 10
22.1 No condition governing the uses and/or conditions governing the 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-TANNER CREEK SUBDIVISION H-2022-0048
Page 8 of 10
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made it
effective as hereinabove provided.
OWNER:
Corey D. Ba ton
STATE OF IDAHO )
ss:
County of Ada Tt')
On this 00 day of �20�, before me, a Notary Public in and for the State of Idaho, personally
appeared Corey D.Barton,known or identified to me to be the person who signed above and acknowledged to me that they executed
the same.
IN WITNESS WHEREO #%1Ak0hq nto set my hand a d affxed my official seal the day and year in this certificate first
above written. �o.,�����CCA L I�Of q� ,/
•
(SEAL) a _ Nota Public
MY COM��SSION M Commission Expires:
EXPIRES 8-16-2024 v = Y p
r •.t5' �.�• �Cw
.....•- ti- �N
DEVELOPER:
Challenger D veloprnent,In .
By: Cor y D. Barton
Its: President
STATE OF IDAHO )
ss:
County of Ada )
On this!'� day of , 20Z' -,-before me, a Notary Public in and for the State of Idaho, personally
appeared Corey D. Barton,known or identified to me to be the President of Challenger Development,Inc. and the person who
signed above and acknowledged to me that they executed the same.
IN WITNESS WHEREOF,;h }�fi ��/eunto set my hankaafPfixed my official seal the da and year in this certificate first
above written.
PUB'•.
'SEAL) _ s Vz
ublic
Ivly COMMISSION —_ My Commission Expires:
, EXPIRES 8-16-2024 .
•4'E OF\0.:-
DEVELOPMENT AGREEMENT—TA VISION H-2022-0048
Page 9 of 10
CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Simison 2-6-2024 Chris Johnson, City Clerk 2-6-2024
STATE OF IDAHO )
ss
County of Ada )
On this 6th day of February 20 24 ,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.
(SEAL) Notary Public for Idaho
My Commission Expires: 3-28-2028
DEVELOPMENT AGREEMENT-TANNER CREEK SUBDIVISION H-2022-0048
Page 10 of 10
EXHIBIT A
Legal Description
Tanner Creek Subdivision — Zone R-8
A parcel being located in the SE % of Section 13, Township 3 North, Range 1 West, Boise
Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at a 5/8 inch diameter iron pin marking the northwest corner of said SE % (C
Corner), from which a brass cap monument marking the northeast corner of said SE %('/4 Corner)
bears S 89052'43" E a distance of 2642.71 feet;
Thence S 89052'53" E along the northerly boundary of said SE '/4 a distance of 250.00 feet to the
POINT OF BEGINNING;
Thence continuing along said northerly boundary S 89052'53" E a distance of 543.81 feet to a
point;
Thence leaving said northerly boundary S 0°01'45" W a distance of 196.36 feet to a point;
Thence N 89056'05" W a distance of 129.13 feet to a point;
Thence N 88043'36" W a distance of 59.52 feet to a point;
Thence N 89052'43" W a distance of 305.30 feet to a point;
Thence S 0004'14" W a distance of 331.54 feet to a point of curvature;
Thence a distance of 199.11 feet along the arc of a 125.00 foot radius curve right, said curve
having a central angle of 91°15'53" and a long chord bearing S 44025'59" W a distance of 178.72
feet to a point of tangency;
Thence N 89056'05" W a distance of 46.97 feet to a point;
Thence S 0°01'30" W a distance of 422.85 feet to a point of curvature;
Thence a distance of 84.04 feet along the arc of a 53.50 foot radius curve left, said curve having
a central angle of 90°00'13" and a long chord bearing S 44°58'37" E a distance of 75.66 feet to a
point of tangency;
Thence S 89058'43" E a distance of 427.00 feet to a point;
Thence N 88033'04" E a distance of 56.77 feet to a point;
Thence S 89056'05" E a distance of 129.17 feet to a point;
Thence S 0000'04" W a distance of 301.28 feet to a point on the centerline of Interstate 84,
Thence along said centerline S 89059'24" W a distance of 795.12 feet to a point on the westerly
boundary of said SE %;
Thence along said westerly boundary N 0003'55" E a distance of 1189.59 feet to a point;
Lail Tanner Creek—R-8 Zone
Q_ Land surveying and Consulting Page 1 of 2
Job No.23-64
Thence leaving said westerly boundary S 89°44'33" E a distance of 249.82 feet to a point;
Thence N 0°06'36" E a distance of 242.69 feet to the POINT OF BEGINNING.
This parcel contains 12.158 acres and is subject to any easements existing or in use.
Clinton W. Hansen, PLS Np,L LA No
Land Solutions, PC �`° S T sG
October 19, 2023
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Tanner Creek—R-8 Zone
Land Surveying and Consulting Page 2 of 2
Job No.23-64
Legal Description
Tanner Creek Subdivision — Zone R-15
A parcel being located in the NW'/4 of the SE % of Section 13, Township 3 North, Range 1 West,
Boise Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at a 5/8 inch diameter iron pin marking the northwest corner of said NW '/4 of the
SE % (C % Corner), from which a brass cap monument marking the northeast corner of the SE
%4 ('/4 Corner) of said Section 13 bears S 89°52'43" E a distance of 2642.71 feet;
Thence S 89°52'53" E along the northerly boundary of said NW % of the SE %a a distance of
793.81 feet to a point;
Thence leaving said northerly boundary S 0°01'45" W a distance of 196.36 feet to the POINT OF
BEGINNING;
Thence continuing S 0001'45" W a distance of 427.80 feet to a point;
Thence N 89'58'17" W a distance of 112.70 feet to a point;
Thence S 0°06'20" E a distance of 104.81 feet to a point;
Thence S 89°59'36" E a distance of 112.51 feet to a point;
Thence S 0°00'04" W a distance of 399.65 feet to a point;
Thence N 89°56'05" W a distance of 129.17 feet to a point;
Thence S 88°33'04" W a distance of 56.77 feet to a point;
Thence N 89058'43" W a distance of 427.00 feet to a point of curvature;
Thence a distance of 84.04 feet along the arc of a 53.50 foot radius curve right, said curve having
a central angle of 90'00'13" and a long chord bearing N 44°58'37" W a distance of 75.66 feet to
a point of tangency;
Thence N 0°01'30" E a distance of 422.85 feet to a point;
Thence S 89°56'05" E a distance of 46.97 feet to a point of curvature;
Thence a distance of 199.11 feet along the arc of a 125.00 foot radius curve left, said curve having
a central angle of 91°15'53" and a long chord bearing N 44°25'59" E a distance of 178.72 feet to
a point of tangency;
Thence N 0°04'14" E a distance of 331.54 feet to a point;
Thence S 89052'43" E a distance of 305.30 feet to a point;
Thence S 88043'36" E a distance of 59.52 feet to a point;
Tanner Creek—R-15 Zone
Land Surveying and Consulting Page 1 of 2
Job No.23-64
Thence S 89°56'05" E a distance of 129.13 feet to the POINT OF BEGINNING.
This parcel contains 12.272 acres and is subject to any easements existing or in use.
Clinton W. Hansen, PLS p \NL LANDS
Land Solutions, PC 5` S T G
October 18, 2023 �<1 ER -
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11118
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Tanner Creek—R-15 Zone
Land Surveying and Consulting Page 2 of 2
Job No.23-64
Legal Description
Tanner Creek Subdivision — Zone R-40
A parcel being located in the SE '/4 of Section 13, Township 3 North, Range 1 West, Boise
Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at a 5/8 inch diameter iron pin marking the northwest corner of said NW % of the
SE '/4 (C 1/4 Corner), from which a brass cap monument marking the northeast corner of the SE
'/4 ('/4 Corner) of said Section 13 bears S 89°52'43" E a distance of 2642.71 feet;
Thence S 89°52'53" E along the northerly boundary of said NW '/4 of the SE '/4 a distance of
793.81 feet to the POINT OF BEGINNING;
Thence continuing along said northerly boundary S 89°52'43" E a distance of 527.62 feet to a
point marking the northeast corner of said NW Y4 of the SE %4;
Thence along the easterly boundary of said NW Y4 of the SE %4 S 0019,27"W a distance of 1428.67
feet to a point on the centerline of Interstate 84;
Thence leaving said easterly boundary and along said centerline S 89059'24" W a distance of
519.85 feet to a point;
Thence leaving said centerline N 0000'04" E a distance of 700.93 feet to a point;
Thence N 89°59'36" W a distance of 112.51 feet to a point;
Thence N 0°06'20" W a distance of 104.81 feet to a point;
Thence S 89058'17" E a distance of 112.70 feet to a point;
Thence N 0001'45" E a distance of 624.16 feet to the POINT OF BEGINNING.
This parcel contains 17.458 acres and is subject to any easements existing or in use.
Clinton W. Hansen, PLS \ pNL LA Np
Land Solutions, PC 0
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October 19, 2023 C F
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k____---Land Surveying and Consulting Job No.23-64
TANNER CREEK SUBDIVISION - ZONING EXHIBIT
CITY OF MERIDIAN REZONE - R-8, R-15, R-40
LOCATED IN THE SE 1/4 OF SECTION 13, T3N, RM BM, ADA COUNTY, IDAHO
BASIS OF BEARING 1/4
C 1/4 - W. WALTMAN LN. S89'52'43"E 2642.71' - 13�18
250.00' 543.81' 527.62' 1321.28'
w POINT OF POINT OF
o BEGINNING POINT OF BEGINNING a
o � R-8 BEGINNING 0" R-40
i N z `-4 305.30' R-15 �
S89'44'33"E N89'52'43"W L5 L4 N N
249.82' CD
LO
CD o �r
ZONE R-8 � o
AREA=12.158 z
ACRES
v� L3 ZONE R-40
AREA=17.458 ACRES N
0-4
CV
00 L6 AREAO ZONE
---- ACRES J LINE TABLE oN
L1 LINE LENGTH BEARING
w L1 112.51' N89'59'36"W
00 rn L2 104.81' NO'06'20"W
o o co L3 112.70' S89'58'17"E
to z N
N o L4 129.13' N89'56'05"W
ro 3 L5 59.52' N88'43'36"W
in
' w L6 46.97' N89'56'05"W
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Land Surveying and Consulting QN H/. NP
231 E.5TH ST.,STE.A
MERIDIAN,ID 83642
(208)288-2040 (208)288-2557 fax JOB NO. 23-64
EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW (:�VE Nty
AND DECISION&ORDER
In the Matter of the Request for Modification to the Existing Development Agreement(DA) (Inst.
#108131100),which Allows Commercial/Office/Hotel Uses to Develop on the Site,to Replace it with
a New DA Allowing a Mix of Residential Uses to Develop on the Site,including Single-Family
Detached and Attached Dwellings, Townhouse Dwellings, and Multi-family Residential
Apartments; Rezone of a Total of 41.89 Acres of Land from the C-G to the R-8 (12.16 Acres),R-15
(12.27 Acres)and R-40(17.46 Acres)Zoning Districts; Preliminary plat Consisting of 130 Buildable
Lots [83 Single-family,45 Townhome and Two(2)Multi-family] and 20 Common Lots on 38.05
Acres of Land in the R-8,R-15 and R-40 Zoning Districts; and, Conditional Use Permit for a Multi-
family Development Consisting of 280 Residential Apartment Units on 15.88 Acres of Land in the
R-40 Zoning District for Tanner Creek Subdivision,by Engineering Solutions,LLP.
Case No(s). H-2022-0048
For the City Council Hearing Date of. November 21,2023(Findings on December 5,2023)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of November 21, 2023, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of November 21, 2023, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of November 21,
2023, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of November 21, 2023, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975,"codified at Chapter 65, Title 67, Idaho Code(I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified as
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019, Resolution No. 19-2179 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s)received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR TANNER CREEK MDA RZ PP CUP H-2022-0048 1 -
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 November 21, 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 a modification to the Development Agreement,preliminary plat,
rezone and conditional use permit is hereby approved per the provisions in the Staff Report for
the hearing date of November 21,2023, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two(2)years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat(UDC 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two(2)years,may be considered for
final approval without resubmission for preliminary plat approval(UDC 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up
to two(2)years as determined and approved by the City Council may be granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again(UDC 11-
6B-7C).
Notice of Conditional Use Permit Duration
Please take notice that the conditional use permit,when granted, shall be valid for a maximum
period of two(2)years unless otherwise approved by the City. During this time, the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting, the final plat must be signed by the City
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR TANNER CREEK MDA RZ PP CUP H-2022-0048 -2-
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 11-5B-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 67-651IA. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s)and returned to the city within six(6)months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six(6)month approval
period.
E. Judicial Review
Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho
Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted,including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52, title 67,Idaho Code.This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§67-6521(1)(d) and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
G. Attached: Staff Report for the hearing date of November 21, 2023
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR TANNER CREEK MDA RZ PP CUP H-2022-0048 -3-
By action of the City Council at its regular meeting held on the 5th day of December
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 AYE
COUNCIL MEMBER JOHN OVERTON VOTED AYE
COUNCIL MEMBER LIZ STRADER VOTED_AYE
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Si 12-5-2023
Attest:
(�2L(;�
Chris Jo n 12-5-
City Clerk
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: �, CI�t�J:�<„` Dated: 12-5-2023
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR TANNER CREEK MDA RZ PP CUP H-2022-0048 -4-
STAFF REPORT El� �
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING November 21,2023 Legend
DATE:
[�Pro}ect Laca�ian
TO: Mayor&City Council
FROM: Sonya Allen,Associate Planner
208-884-5533 10
SUBJECT: H-2022-0048 F__
Tanner Creek
LOCATION: 675 W. Waltman Ln., in the SE '/4 of
Section 13, Township 3N.,Range 1 W.
(Parcels: S 1213428050;
S1213428301; S1213428010; x
S1213427890; S1213427880; '
S1213427872; S1213427860; Imo
S1213428020; S1213427840)
I. PROJECT DESCRIPTION
The Applicant has submitted applications for the following:
• Modification to the existing Development Agreement(DA) (Inst. #108131100),which allows
commercial/office/hotel uses to develop on the site,to replace it with a new DA allowing a mix of residential
uses to develop on the site, including single-family detached and attached dwellings,townhouse dwellings, and
multi-family residential apartments;
• Rezone of a total of 41.89 acres of land from the C-G to the R-8 (12.16 acres),R-15 (12.27 acres)and R-40
(17.46 acres)zoning districts;
• Preliminary plat consisting of 130 buildable lots [83 single-family,45 townhome and two (2)multi-family] and
20 common lots on 38.05 acres of land in the R-8,R-15 and R-40 zoning districts; and,
• Conditional use permit for a multi-family development consisting of 280 residential apartment units on 15.88
acres of land in the R-40 zoning district.
II. SUMMARY OF REPORT
A. Project Summary
Description Details
Acreage 38.05
Future Land Use Designation Medium-Density Residential(MDR)(3+/-acre strip along west boundary)&Mixed-
Use Community(MU-C)on the remaining 35+/-acres of the property[Note:An
application is in process(H-2021-00991-84&Meridian Road)to amend the FL UM
for this property from MU-C to MHDR.]
Existing Land Use I Vacant/undeveloped land(pasture)
Proposed Land Uses Residential(single-family detached/attached,townhome and multi-family apartments)
Current Zoning C-G
Proposed Zoning R-8(12.16 acres),R-15(12.27 acres)and R-40(17.46 acres)
Lots(#and type;bldg/common) 130 buildable/20 common
Phasing plan(#of phases) 4
Number of Residential Units 408 units[83 single-family(attached/detached),45 townhome&280 multi-
(type of units) family/apartment]
Density(gross&net) 10.72 gross(overall); 16.44 net(overall)
Open Space(acres,total [%]/ SFR-3.66 acres(16.6%)—street buffers,parkways,internal common open space areas
buffer/qualified) MFR—4.06 acres—street buffer,linear open space,open space areas greater than 5,000
s.f.in area,areas greater than the dimensions of 20'x 20'
Amenities Children's playground, '/z basketball court,pickleball court,pathways(SFR);clubhouse,
swimming pool,playground with covered sitting area,internal pathways and a 10'wide
multi-use pathway,plaza,shade structure&benches,pickleball court(MFR)
Physical Features(waterways, The Ten Mile Creek runs along east boundary,a small portion of the site is within the
hazards,flood plain,hillside) floodplain
Neighborhood meeting date 6/30/22&9/27/23
History(previous approvals) AZ-06-063 (DA#108131100);PP-08-001;TE-10-028;TEC-12-008;TEC-14-005;H-
2016-0008(PP exp.4/7/18);H-2018-0023(CPAM,CUP,MDA,PP,RZ—denied);H-
2020-0024(CPAM,CUP,MDA,PP,RZ—denied)
B. Community Metrics
Description Details
Ada County Highway District
• Staff report(yes/no) Yes
• Requires ACHD No
Commission Action es/no
• TIS(yes/no) Yes
• Level of Service(LOS) The TIS in 2018 noted that all studied roadways and intersections were anticipated to
operate at an acceptable level of service at build-out of the development.
• Existing Conditions Waltman Ln.is improved with 2-travel lanes,25' of pavement&no curb,gutter or
sidewalk abutting the site.
• CIP/IFYWP Capital Improvements Plan{CIPV Integrarted Plve Year Work Pro irPYwP);
• unct r Rood is senwuled in We 0_YV1rP to 0a w10eE1ee7 to 5-lanes iron)Owerisna Road Io
Franklin Road wdh an undlelemtine d date Ttrs dtss FHA inctudle fundurg foi rrUs porleon of
the J-94 tiverphss
The inters anon of Franklin Road and Linder Rofpd rti lined in the CIP ro tAe vndered to fi-
-muz on JhF,narlh IF,,g,(i-Wnes on the soeath,7-r$na,5 East. enp 7-lane5❑)the west IeQ, Bn[I
_.sgmlizad trefwaen 2D21 and.Mlo.
Access One(1)access is proposed via Ruddy Dr.,a local street stubbed at the site's west
(Arterial/Collectors/State boundary;two(2)accesses(1 public street, 1 driveway)are proposed via Waltman Ln,a
Hwy/Local)(Existing and local street along the site's north boundary.
Proposed)
Proposed Road Improvements Corporate Dr.is proposed to be extended from its current terminus north of Ten Mile
Creek south to Waltman Ln.within existing right-of-way;this will include construction of
a new bridge over the creek.Waltman Ln.is proposed to be widened and reconstruction
of the bridge over the Ten Mile Creek is required.See the ACHD report in Section IX.J
for more info.
Fire Service
• Distance to Fire Station 1.3 miles from Fire Station#1
• Fire Response Time
• Resource Reliability 82%(meets target goal of 80%or greater)
• Risk Identification 4(current resources would not be adequate to supply service)
• Accessibility Meets all required access,road widths and turnarounds as proposed
• Special/resource needs Aerial device(can meet this need if required);hazmat event will require mutual aid;
structure fire will require an additional truck company;water rescue teams would require
mutual aid
• Water Supply 1,000 gallons/minute for 1-hour(maybe less for sprinklered buildings)
• Other Resources
Police Service
• Distance to Police Station 1.6 miles
• Police Response Time 2:46 minutes(expected);3:58 minutes(average)
• Calls for Service 5,176 within 1-mile(6/1/21-5/31/23)
• %of calls for service split See comments
by priority
• Accessibility See comments
• Specialty/resource needs None
• Crimes 665 (6/l/21-5/31/23)
• Crashes 88(6/l/21-5/31/23)
• Other Reports
West Ada School District No comments received
Wastewater
• Distance to Sewer Services Directly adjacent
• Sewer Shed 0 Ten Mile
• Estimated Project Sewer ERU's See application
• WRRF Declining Balance 13.91
• Project Consistent with WW Yes
Master Plan/Facility Plan
• Impacts/Concerns I Flow is committed—see Public Works Site Specific Conditions
Water
• Distance to Services Directly adjacent
• Pressure Zone 3
• Estimated Project Water ERU's See application
• Water Quality Concerns None
• Project Consistent with Water Yes
Master Plan
• Impacts/concerns See Public Works Site Specific Conditions
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C. Representative:
Same as Applicant
IV. NOTICING
Planning&Zoning City Council
Posting Date Posting Date
Newspaper Notification 10/3/2023 11/5/2023
Radius notification mailed to
properties within 300 feet 9/29/2023 11/3/2023
Public hearing notice sign posted
10/7/2023 11/5/2023
on site
Nextdoor posting 9/28/2023 11/3/2023
V. COMPREHENSIVE PLAN ANALYSIS (https://www.meridianciby.or /ccoompplan)
LAND USE:
Existing Future Land Use Map (FLUM) designations: This property is primarily designated MU-C(Mixed
Use—Community) on the FLUM with a narrow sliver of Medium Density Residential(MDR) along the
western portion of the site consisting of approximately three(3)acres.
The purpose of the MU-C designation is to allocate areas where community-servicing uses and dwellings are
seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and
to avoid mainly single-use and strip commercial type buildings.Non-residential buildings in these areas have a
tendency to be larger than in MU-N(Mixed-Use Neighborhood)designated areas but not as large as in MU-R
(Mixed Use—Regional)designated areas. Goods and services in these areas tend to be of the variety that people
will mainly travel by car to but also walk or bike to (up to 3 or 4 miles). Employment opportunities for those
living in and around the neighborhood are encouraged.
The MDR designation allows for dwelling units at gross densities of 3 to 8 dwelling units per acre. Density
bonuses may be considered with the provision of additional public amenities such as a park, school, or land
dedicated for public services.
Proposed FLUM designations: The I-84 and Meridian Road application(H-2021-0099), currently in process
for the adjacent property to the east,requests an amendment to the FLUM from MU-C to Commercial for that
property and from MU-C to Medium High-Density Residential(MHDR) for the subject property(see exhibit in
Section VIII.J). The narrow sliver of MDR is proposed to remain along the west boundary to ensure transition
of uses as previously desired by the Comprehensive Plan Committee which is accounted for on the proposed
plat.
The MHDR designation allows for a mix of dwelling types including townhouses, condominiums, and
apartments. Residential gross densities should range from eight to twelve dwelling units per acre. These areas
are relatively 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 and should also incorporate connectivity with adjacent uses and area pathways, attractive
landscaping and a project identity.
Note: The initial FLUM amendment request for the property to the east was from MU-C to Mixed-Use Regional
(MU-R). The Commission recommended denial to City Council based on their belief the proposed use isn't
consistent with the general mixed-use development guidelines, the existing MU-C or the proposed MU-R
guidelines; they also felt a Traffic Impact Study (TIS)was needed. Council heard the application and remanded
it back to the Commission in order to be reviewed concurrently with the subject application in an effort to
determine consistency with the Comprehensive Plan for the overall property.
After review of these applications, it's Staff's opinion the proposed development plans for both projects are
largely inconsistent with the purpose statements and development guidelines in the Comprehensive Plan for the
general mixed use and specific land uses (i.e. MU-C and MU-R)for the following reasons: I)functional and
physical integration of land uses is desired—these are two separate residential and commercial developments
with only a pedestrian pathway proposed for interconnectivity—no integration of uses is proposed;2) a mixed
use project should include at least three(3) types of land uses—only two (2) are proposed[i.e. residential and
commercial(includes retail, restaurants, etc.)]; 3) community serving facilities such as hospitals, clinics,
churches, schools,parks, daycares, civic buildings, or public safety facilities are desired—none are proposed;
4)supportive and proportional public and/or quasi public spaces and places, including but not limited to parks,
plazas, outdoor gathering areas, open space, libraries, and schools are expected—none are proposed; 5)
mixed-use areas should be centered around spaces that are well-designed and integrated public and quasi-
public centers of activity that are activated and incorporate permanent design elements and amenities that
foster a wide variety of interests ranging from leisure to play—no such public/quasi-public areas are proposed;
6) a mixed use project should serve as a public transit location for future park-and-ride lots, bus stops, shuttle
bus stops and/or other innovative or alternate modes of transportation—no such stops or lots are proposed; 7)
community-serving uses and dwellings should be seamlessly integrated into the urban fabric for an integration
of a variety of uses to avoid mainly single-use and strip commercial type buildings (MU-C)—single-use
developments are proposed that are not well-integrated; 8) vertically integrated structures are encouraged—
none are proposed(MU-C); 9) integration of a variety of uses together, including residential as a supporting
use, to avoid predominantly single use developments such as a regional retail center with only restaurants and
other commercial uses (MU-R)—no residential uses are included in the proposed MU-R designated area,
which creates a single use development with only commercial uses; and 10) retail commercial uses should
comprise a maximum of 50%of the development area (MU-R)—most if not all of the proposed MU-R
designated area consists of commercial/retail uses, no residential, office, civic or other uses are proposed.
For this reason, Staff recommended the Applicant of the adjacent project(i.e. 1-84&Meridian Rd.) change
their request for a map amendment from the MU-R to the Commercial designation and include a map
amendment on the subject property from MU-C to MHDR, as agreed to by both Applicants. This change better
aligns with the proposed development plans for both properties and in Staff's opinion is more compatible with
adjacent existing and future residential development in the area and provides a good transition between these
uses to the proposed commercial uses to the east and is more appropriate than the existing and previously
proposed designation.
Proposed Use:A mix of residential uses(i.e. single-family detached and attached and townhouse dwellings and
multi-family apartments)is proposed at an overall gross density of 10.72 units/acre,which is consistent with the
proposed MHDR FLUM designation.
Pathways and sidewalks are proposed throughout the development for internal pedestrian connectivity as well
as to the multi-use pathway planned along the Ten Mile Creek and to the proposed commercial development to
the east. The proposed site design provides a good transition of uses with larger lots on the periphery of the
development and smaller lots internal to the development, and higher density residential uses(i.e. apartments)
on the eastern portion of the site adjacent to proposed commercial uses.
DESTINATION:DOWNTOWN
The subject property is located within the downtown urban renewal district. Future development of this area is
guided by the Destination:Downtown vision plan,which was adopted as part of the Comprehensive Plan.Note:
This plan is currently mid-way through an 18-month update process; however, Meridian Development
Corporation (MDC) does not anticipate the vision changing much for this area.
The subject property is part of the Southern Gateway Entertainment&Hospitality District,which consists of
260 acres generally located between Franklin Rd. and I-84. Major characteristics of this district are as follows:
1)bike paths and trails; 2)hotel and upscale restaurant uses; 3)expand and upgrade park& speedway;4)
extensive landscaping; 5) locate a multi-purpose sports facility; and 6)gateway features. Land uses desired in
this area include retail/dining(25%), office(25%),light industry (25%) and roads/utlitites/institutional(25%).
The proposed use of the property is not consistent with the vision of the Plan for this district. Bike/pedestrian
paths and trails are proposed along the frontage of the property along Waltman Ln. and along the Ten Mile
Creek as desired. While the existing conceptual development plan that was approved with annexation of the
property in 2006 is largely consistent with the vision of the Plan, it doesn't seem feasible as the property has sat
vacant for the past 17+years, largely due to access and transportation issues associated with such a high intense
commercial development.
Other considerations exist that have a part in contemplation of a different, less intense, land use in this area, as
follows:
• The amendment to the FLUM to MU-C in 2019 supersedes the commercial elements envisioned under
the Plan.
• Regional entertainment uses have instead developed south of 1-84 with several major expansions (i.e.
Wahooz, Pinz,Roaring Springs and the Galaxy Event Center).
• Growth in the downtown district has evolved differently that initially expected. MDC hasn't reserved
funding originally planned to support large-scale public-private partnerships, and no public
improvements were made in advance to incentivize development in alignment with the Plan. Additional
land consolidation has also not occurred to accomplish the vision of the Plan.
• Recently, City Council showed some willingness to consider the type of development proposed when
they remanded the I-84 and Meridian Rd.project back to the Commission to be heard concurrently with
the subject application. The desire was for both properties to come in with a master plan for the entire
area to be more consistent with the mixed use development guidelines and specifically the MU-R
designation they were requesting and for the transportation issues to be addressed.
• A lesser intense land use such as residential will result in less traffic congestion in this area and will be
more compatible with existing and future adjacent residential land uses.
TRANSPORTATION:
Access is proposed via Waltman Lane, a local street, at the project's north boundary and via the extension of W.
Ruddy Dr.,a local street, at the project's west boundary. ACHD's Master Street Map(MSM) designates
Waltman Ln. as a collector street from Meridian Rd. west to the future extension of Corporate Dr. Due to the
increased traffic anticipated with this development,ACHD recommends the collector street designation is
extended to the west to Kearney Ave. Improvements are required to Waltman Ln.,including reconstruction of
the bridge over the Ten Mile Creek,with the second phase of development as outlined in the ACHD staffMport.
The extension of Corporate Drive, designated as a collector street on the MSM, including construction of a
bridge over the Ten Mile Creek, from the north to Waltman Lane is proposed to be completed with the first
phase of development prior to issuance of a building permit. This will provide additional access to the site while
the bridge across the Ten Mile Creek on Waltman Lane is being reconstructed with the improvements to
Waltman Ln. See ACHD report for more information.
The proposed change to the FLUM from MU-C to MHDR and development agreement modification to allow
for residential uses to develop on the site instead of commercial uses as currently entitled,will greatly reduce
the overall traffic impacts in this area on Waltman Ln., at the Waltman Ln./Meridian Rd. intersection and the
Meridian Rd./1-84 interchange. For comparison,the ACHD report states this development is estimated to
generate 2,884 vehicle trips per day(VTD) (260 vehicle trips per hour in the PM peak hour). In the ACHD
report from 2008 for the Browning Plaza preliminary plat(PP-08-001)application,the entitled commercial
development was estimated to generate approximately 10,300 VTD (975 vehicle trips per hour in the PM peak
hour) at buildout according to the TIS submitted at that time. Although traffic impacts will be reduced if the
proposed change to the FLUM is approved,there is still existing congestion in this area that will worsen
significantly if this property and the adjacent property to the east develop at this time as proposed.
Based on the findings of The Traffic Impact Study(TIS) for the proposed 1-84&Meridian Road project to the
east,which included the subject proposed development,the Meridian Rd./Waltman Ln. intersection would
exceed ACHD's Acceptable Level of Service thresholds. With previous development applications for these
properties,ACHD did not recommend any mitigation at the intersection due to right-of-way(ROW)constraints,
impacts to existing businesses, and substantial intersection redesign and construction, making the recommended
mitigation infeasible.
A letter prepared by Six Mile Engineering, dated 1/23/23, in response to comments and feedback during the
City Council hearing for the Meridian Rd. &1-84 project was submitted to ACHD proposing phased alternative
improvements at the Meridian Rd./Waltman Ln. intersection to address traffic impacts from these
developments. A three-phase concept design was proposed in which the first two designs did not require any
additional ROW dedication and the final phase did. ACHD reviewed their proposal and does not recommend
any modifications to the intersection as under all concept designs,these modifications would negatively impact
existing operations of both the interchange and ramps. ACHD's concerns also extended to the impacts the
proposed modifications would have to the Central Dr. and Corporate Dr. intersections at Main St. and Progress
Ave. While the proposed improvements may benefit both of these proposed developments in the short-term,
they'll likely negatively impact the already congested area roadways and intersections. These improvements
without significant widening increase corridor travel times and interchange queue lengths, further compounding
existing congestion in this area. ACHD believes there are other alternatives that may be considered such as
converting Central Dr./Waltman Ln. and Corporate Dr. to a one-way couplet,which is anticipated to reduce
both queue lengths and the impacts to the Meridian Rd. and the 1-84 interchange system(see ACHD's letter for
more information).
The construction of the Linder Road overpass(1/2 mile to the west), scheduled in ACHD's IFYWP for
construction in 2026-2027,should greatly improve traffic conditions on Meridian Rd.by providing
another north/south connection over I-84.The Commission and City Council should consider if higher
levels of traffic and congestion in this area are acceptable when acting on this application.If not,
consideration should be given to the inclusion of a provision in the Development Agreement,which limits
development to the single-family and townhome portions of the development at this time and delays the
multi-family portion of the development until such time as the Linder Road overpass is completed or
other area improvements occur that allow for an acceptable level of service to be provided,as determined
by ACHD.
COMPREHENSIVE PLAN POLICIES(https://www.meridiancity.or /ccoompplan):
Goals,Objectives,&Action Items: Staff finds the following Comprehensive Plan policies to be applicable to
this application and apply to the proposed use of this property (staff analysis in italics):
• `Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of
Meridian's present and future residents."(2.01.02D)
The proposed single-family detached/attached and townhome dwellings and multi family apartments will
contribute to the variety of housing types in the City as desired. A mix of alley- and front-loaded units are
proposed for added variety in the style of the units.
• "Improve and protect creeks and other natural waterways throughout commercial, industrial, and residential
areas."(4.05.01D)
The Ten Mile Creek, which runs along the project's east boundary, is proposed to be re-vegetated and
improved with development on the west side that lies within the subject property. The creek should also be
protected during construction.
• "Permit new development only where it can be adequately served by critical public facilities and urban
services at the time of final approval, and in accord with any adopted levels of service for public facilities
and services."(3.03.03F)
City water and sewer services are available and can be extended by the developer with development in
accord with UDC 11-3A-21.
• "Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse
housing types throughout the City."(2.01.01 G)
Four(4) different residential housing types are proposed in this development(i.e. single-family detached,
single-family attached, townhome and multi family apartments). A range of lot sizes are proposed for these
units, which will accommodate a variety of housing styles consisting of I-and 2-story units.
• "Limit canal tiling and piping of creeks, sloughs, laterals, and drains to man-made facilities where public
safety issues cannot be mitigated or are not of concern."(4.05.01C)
The Ten Mile Creek, which runs along the project's east boundary, is required to remain open as a natural
amenity and not be piped.
• "Encourage compatible uses and site design to minimize conflicts and maximize use of land."(3.07.00)
The proposed single-family, townhome and multi family residential uses should be compatible with existing
and future medium-density residential uses to the west and north. The proposed design, with larger lots for
single-family detached homes on the periphery and smaller lots for single-family attached and townhomes
on the interior, transitions well to existing and future adjacent residential uses and the multi family
apartments on the east side of the site adjacent, which in turn transitions well to planned commercial uses
to the east. The proposed design should minimize conflicts and maximize use of land.
• "With new subdivision plats,require the design and construction of pathway connections, easy pedestrian
and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality
amenities."(2.02.01A)
Pedestrian pathways areproposed to the amenities in the central common area in the single-family portion
of the development, which connect to pathways in the central common area in the multi family portion of the
development and extend to the multi-use pathway along the Ten Mile Creek. The large central common area
in the single-family portion and the linear open space in the multi family portion of the development provide
much usable open space with quality amenities as desired.
• "Encourage the incorporation of creek corridors as amenities in development design."(4.05.02C)
The Ten Mile Creek corridor is proposed to be improved as an amenity with a segment of the City's regional
pathway system along the west side of the creek.
• "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to
and through said developments are constructed in conformance with the City of Meridian Water and Sewer
System Master Plans in effect at the time of development."(3.03.03A)
The proposed development will connect to City water and sewer systems;services are proposed to be
provided to and though this development in accord with current City plans.
• "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within
the City over parcels on the fringe."(2.02.02)
Although there are some County zoned properties at the northwest corner and to the north of this site, the
larger area is surrounded by properties that have been annexed and developed in the City. Development of
this infill property will result in more efficient provision of public services. (Note: The County zoned
property to the east is part of the I-84 and Meridian Road annexation application that's currently in
process.)
• "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,
water and sewer utilities."(3.03.03G)
Urban sewer and water infrastructure and curb, gutter and sidewalks is required to be provided with
development as proposed.
• "Require collectors consistent with the ACHD Master Street Map (MSM), generally at/near the mid-mile
location within the Area of City Impact." (6.01.03B)
The MSM depicts the extension of Corporate Dr. and the portion of Waltman Ln. east of Corporate Dr. to
Meridian Rd. as a collector street. Due to the increased traffic anticipated with this development,ACHD
recommends the collector street designation is extended to the west to Kearney Ave.
• "Slow the outward progression of the City's limits by discouraging fringe area development; encourage
development of vacant or underutilized parcels currently within City limits." (4.05.03B)
The proposed vacant parcels are within the City limits and the larger area is surrounded by properties
already developed in the City. The development of this property will result in better provision of City
services.
Based on the analysis above, Staff finds the proposed development plan is generally consistent with the
requested FLUM designation of MHDR for this site and is compatible with adjacent existing and future
residential land uses.Note:If the proposed amendment to the FLUM is not approved with H-2021-00099, Staff
finds theproposed development is not consistent with the existing MU-C FLUM designation for the reasons
noted above.
VI. STAFF ANALYSIS
A. DEVELOPMENT AGREEMENT MODIFICATION(MDA)
The existing Development Agreement(DA) (Boise Waltman—Inst. #108131100), approved in 2008, allows for
the development of commercial/office/hotel uses on this site. Because that development plan has not been
viable and the property has sat vacant since that time,the Applicant proposes a change to the development plan
for the site. A modification to the DA is proposed for the purpose of replacing the agreement with a new
agreement allowing for the development of a mix of single-family detached and attached dwellings,townhome
dwellings and multi-family residential apartments on the site consistent with the plan included in Section VIII.I.
The existing DA includes two(2) different conceptual development plans for the site as shown in Section
VIII.A. These plans depict approximately 400,000 square feet of professional office,hotel,big box retail and
smaller retail spaces.
The proposed development plan with single-family detached homes adjacent to existing single-family detached
homes to the west in The Landing subdivision and future medium-density residential uses to the north across
Waltman Ln., single-family attached and townhome dwellings internal to the development,and multi-family
apartments on the eastern portion of the development provides a good transition to proposed commercial/retail
uses to the east across the Ten Mile Creek with the concurrent I-84 and Meridian Road application(H-2021-
0099) (see Section VIII.C).
History: Two (2)previous development applications for this site were denied by City Council, one in 2018 (H—
2018-0023)and another in 2020 (H-2020-0024). The first,which included a request for an amendment to the
FLUM from Commercial to MHDR,was denied due to the finding that the proposed amendment wasn't in the
best interest of the City for the following reasons: 1)Concern that the property will not be maintained
consistently due to different ownership of the structures and associated areas; 2)Desire for the applicant to
participate in the Comprehensive Plan update that's currently in process,rather than requesting an amendment
to the FLUM outside of that process; 3)Preference for commercial employment type uses to develop on this
property rather than residential as the original plan proposed; 4)Concern related to impact on area schools,
proposed density and traffic(i.e.resulting safety hazards); and 5) Conclusion that the timing wasn't right for an
amendment to the FLUM(a City initiated update to the plan was in process at that time) and the development of
the property as proposed.Note:Between the application in 2018 and the one in 2020 the FLUM designation for
this property was changed from Commercial to Mixed-Use Community(MU-C) with the City's update to the
Comprehensive Plan, which allowed the subsequent application to be submitted without an amendment to the
FLUM. With the second application, Council found the proposed rezone was not in the best interest of the City
because the sole residential use of the property was not consistent with the MU-C designation. Further, Council
didn't want to set a precedent by"floating"a FLUM designation(i.e.MDR)and burdening the adjacent
property to the east with providing only the non-residential component of the mix of uses desired for this area
per the Comprehensive Plan.
The proposed residential development plan is largely the same as those previously submitted for this site.
However,the key difference is that a development application is concurrently in process for the 70+/-acres of
land directly to the east across the Ten Mile Creek as mentioned above (i.e. I-84&Meridian Rd.H-2021-0099)
and an amendment to the FLUM is proposed to MHDR,which supports the proposed uses and is compatible
with adjacent existing and future development.
Because the proposed development plan for this site has completely changed from the conceptual commercial
development previously approved and the terms of the agreement are no longer applicable, Staff is supportive
of the request for a new DA to replace the existing agreement based on the proposed development plan. Staff s
recommended provisions for the new DA are included in Section VIII.A.1 and the development plans for the
overall site are included in Section VIII.Note:If the amendment to the FLUMproposed with H-2021-0099 is
not approved, Staff is not supportive of the proposed MDA (and consequently the RZ, PP and CUP
applications)per the analysis above in Section V due to inconsistency of the proposed development plan with
the MU-C designation.
B. REZONE(RZ)
A rezone of a total of 41.89 acres of land,including adjacent right-of-way, from the C-G to the R-8 (12.16
acres),R-15 (12.27 acres) and R-40(17.46 acres)zoning districts is proposed for the development of a mix of
single-family detached and attached dwellings,townhouse dwellings and multi-family apartments. The
proposed uses and zoning districts are consistent with the amendment to the FLUM proposed with H-2021-0099
to the MHDR designation. Legal descriptions and exhibit maps for the areas proposed to be rezoned are
included below in Section VIII.B.
The Allowed Uses table in UDC Table 11-2A-2 for residential districts lists single-family detached and attached
dwellings and townhouse dwellings as principal permitted uses in the proposed R-8 and R-15 zoning districts;
and multi-family developments as a conditional use in the R-40 zoning district, subject to the specific use
standards listed in UDC 11-4-3-27.
The City may require a development agreement(DA)in conjunction with a rezone pursuant to Idaho Code
section 67-6511A. Because a DA already exists on this property,the Applicant requests a modification to the
DA(MDA)to replace the existing agreement with a new agreement consistent with the proposed development
plan as discussed in Section VI.A above. To ensure the site develops as proposed with this application,staff
recommends the provisions included in Section VIII are included in a new DA for the subject property.
C. PRELIMINARY PLAT(PP)
A preliminary plat is proposed consisting of 130 buildable lots [83 single-family(16 alley-loaded, 67 front-
loaded),45 alley-loaded townhome and 2 multi-family] for a variety of housing types and 20 common lots on
38.05 acres of land in the proposed R-8,R-15 and R-40 zoning districts. The single-family lots range in size
from 3,850 to 10,536 square feet(s.f.)with an average lot size of 5,132 s.f. A total of 16 alley-loaded homes
and 67 front-loaded homes are proposed with lot widths of 40, 50 and 60 feet. A total of 45 alley-loaded
townhomes are proposed with lot sizes ranging from 2,400 to 3,884 s.f. with an average lot size of 2,739 s.f.
The proposed plat results in an overall gross density of 10.72 units/acre and a net density of 16.44 units/acre,
which is consistent with the FLUM amendment proposed with H-2021-0099.
Phasing: The plat is proposed to develop in four(4)phases as shown in Section VIII.C. The Applicant requests
flexibility in the phasing to adjust the number of lots,combination of lots and number of phases to reflect
changing market conditions. Staff is amenable to this request unless otherwise restricted in the Cooperative
Development Agreement with Ada County Highway District(ACHD) or as otherwise approved by City
Council.
Because noise from I-84 will greatly affect future residents in this area, Staff recommends noise
abatement in the form of a berm and wall is constructed per the standards listed in UDC 11-3H-4D in its
entirety with the first phase of development as a provision of the Development Agreement. The Applicant
requests these improvements be constructed with Phases 3 and 4,prior to issuance of Certificates of
Occupancies within each phase.
Existing Structures/Site Improvements:
There are several existing structures on this site that are required to be removed prior to signature on the final
plat for the phase in which they are located.
Dimensional Standards (UDC 11-2):
The proposed plat and subsequent development is required to comply with the UDC dimensional standards for
the associated zoning districts is required, as follows: Table I1-2A-6 for the R-8 zoning district; Table 11-2A-7
for the R-15 zoning district; and Table 11-2A-8 for the R-40 zoning district. The standards for all development
in residential districts are listed in 11-2A-3.Depict zero (0)lot lines where single-family attached and
townhome units are proposed to span over property lines.
Access(UDC 11-3A-3):
One (1)public street access is proposed via the extension of W. Ruddy Dr., a local street, at the west boundary
of the site and two(2)accesses (one public street and one driveway)are proposed via W. Waltman Ln., an
existing local street to be designated a collector street from Meridian Rd. to S. Kearney Ave.with this
development.
A stub street(S.W. 7th Ave.) is proposed to the out-parcel(Cooper property#51213428090) at the northwest
corner of the site for future extension and/or access.
UDC 11-3A-3A.3 requires all subdivisions to provide local street access to any use that currently takes direct
access from a collector street unless otherwise waived by City Council. Because the adjacent property to the
east only has access via Waltman Ln.,a collector street,a local street with a vehicular bridge over the
Ten Mile Creek that includes a minimum 5-foot wide pedestrian walkway on at least one side,should be
provided in lieu of the proposed pedestrian connection.
Three(3) common driveways are proposed off internal public streets that are required to be constructed in
accord with the standards listed in UDC 11-6C-3D. Exhibits for these driveways are included in Section VIII.D
that demonstrate compliance with the required standards. The landscape plan submitted with the final plat
application should be revised to depict 5-foot wide landscape buffers planted with shrubs,lawn or other
vegetative groundcover where solid fencing is proposed adjacent to the common driveway as set forth in
UDC 11-6C-3D.5.A perpetual ingress/egress easement is required to be noted on the final plat,which
shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and
equipment.Address signage should be provided at the public street for homes accessed via common
driveways for emergency wayfinding purposes.
Three(3) alleys are proposed off internal public streets that are required to comply with and be constructed in
accord with the standards listed in UDC 11-6C-3B.5. Include a cross-section of the typical alley on the plat.
For addressing purposes and for wayfinding in the event of an emergency,the Fire Dept. is requesting private
streets are provided within the multi-family portion of the development. A private street application shall be
submitted that demonstrates compliance with the standards listed in UDC 11-3F-4.
Road Improvements: The Applicant proposes to construct the extension of Corporate Dr., a collector street,
off-site from its current terminus north of Ten Mile Creek to Waltman Ln.within existing ROW with the first
phase of development(54 building lots). The construction of Corporate Dr.will include the construction of a
new bridge over the Ten Mile Creek. This will provide additional access to the site and provide for additional
access while the Ten Mile Creek bridge on Waltman is being reconstructed. The roadway north of the bridge
should be constructed as a 40-foot wide commercial street section with vertical curb, gutter and 5-foot wide
concrete sidewalk. The crossing of Ten Mile Creek will require a 58-foot wide bridge with 2-foot parapets.
Staff recommends the roadway south of the bridge to Waltman Lane is constructed as a complete street
section with detached 10-foot wide multi-use pathways along both sides of the street.These improvements
will occur with the first phase of development(54 lots)and shall be complete prior to issuance of any building
permits.
The Applicant proposes to construct Waltman Lane as 1/2 of a 36-foot wide street section with curb, gutter, an 8-
foot wide planter strip/parkway and a 10-foot wide detached sidewalk within 29-feet of right-of-way(ROW)
from centerline with 7-feet of the sidewalk located outside of the dedicated ROW abutting the site. All
improvements are proposed to be constructed south of the existing edge of pavement for Waltman Ln., shifting
the centerline 8-feet south to the south. ACHD is requiring the Applicant to construct the north side of Waltman
with a minimum of 12-feet of pavement from centerline, a 3-foot wide gravel shoulder and a borrow ditch to
accommodate the roadway storm run-off. Center turn lanes are required to be constructed on Waltman Ln. at
the apartment driveway. The improvements to Waltman Ln. will require reconstruction of the existing bridge
over the Ten Mile Creek as a full 36-foot street section with curb and 5-foot wide attached concrete sidewalks.
This will require a 54-foot wide bridge with 2-foot parapets. These improvements should be completed as
required by ACHD in the Cooperative Development Agreement.
Pathways (UDC 11-3A-8):
A 14-foot wide segment of the City's regional pathway is depicted on the Pathways Master Plan along the west
side of the Ten Mile Creek. A 10-foot wide multi-use pathway is proposed consistent with the Plan with a
pedestrian bridge over the creek for connectivity with the proposed commercial development to the east. A
pedestrian easement is required to be submitted to the Planning Division for this pathway in accord with
Park's Dept. requirements.
Sidewalks (UDC 11-3A-17):
Sidewalks are required to be constructed adjacent to all public streets as set forth in UDC 11-3A-17 as
proposed. The UDC requires 5-foot wide detached sidewalks to be constructed along all collector streets(i.e.
W. Waltman Ln. and Corporate Dr.).
Parkways (UDC 11-3A-17):
Parkways are required to be constructed and landscaped per the standards listed in UDC 11-3A-17E.
Landscaped parkways are proposed along W. Ruddy Dr./S. Kearney Ave. and W. Waltman Ln. in accord with
UDC standards.
Landscaping(UDC 11-3B):
Street buffer landscaping is required to be provided as set forth in UDC Tables 11-2A-6 for the R-8 district, H-
2A-7 for the R-15 district and 11-2A-8 for the R-40 district and planted in accord with the updated standards
listed in UDC 11-3B-7C. Street buffers are required to be placed in a common lot or on a permanent dedicated
buffer easement,maintained by the property owner or homeowner's association.
A 20-foot wide street buffer is required along W. Waltman Ln.,to be designated as a collector street with this
development; a 37-foot wide buffer is proposed with a 3-foot tall landscaped berm and a 10-foot wide detached
sidewalk.
Common open space areas are required to be landscaped per the standards listed in UDC 11-3G-5B.
Landscaping is proposed in these areas in excess of the minimum standards. The open space landscape
requirements on the Landscape Requirements table on the landscape plan should be revised to reflect the
updated standard of one(1)deciduous tree for every 5,000 square feet of common open space.
Landscaping is required to be provided along pathways per the standards listed in UDC 11-3B-12C. Minimum
5-foot wide landscape strips are required along each side of all pathways planted with 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; shrubs should be added on the west side of the pathway along the creek in accord with this
standard.
Include mitigation information on the landscape plan submitted with the final plat application as
applicable for tree preservation in accord with the standards listed in UDC 11-3B-I0C.
Qualified Open Space& Site Amenities (UDC 11-3G):
The single-family and townhome portion of the development is subject to the qualified open space and site
amenity standards listed in UDC 11-3G-3.A minimum of 15%qualified open space is required to be provided
for the R-8 and R-15 zone in accord with the quality standards listed in UDC 11-3G-3A.2 and shall comply with
the standards listed in UDC 11-3G-3B.
Based on the acreage of the R-8 and R-15 zoned portion of the development(i.e. 22.03-acres), a minimum of
3.30-acres of qualified open space is required. The open space exhibit included in Section VIII.G depicts 3.66-
acres of qualified open space, exceeding the minimum standard by 0.36-acre. Proposed qualified areas consist
of 100%of the collector street buffer along Waltman Ln. (on the single-family&townhome portion of the
development),which is required to have enhanced landscaping as set forth in UDC 11-3B-7C.3 for
entryway corridors and comply with the standards listed in UDC 11-3G-3B.2. The multi family portion of
the development is also required to provide common open space per the standards listed in UDC 11-4-3-27C in
addition to this requirement(see analysis below).
Based on the acreage of the R-8 and R-15 zoned portion of the development(i.e. 22.03-acres), a minimum of
four(4)points of site amenities are required per UDC 11-3G-4A; a list of qualified site amenities and associated
point values are included in UDC Table I1-3G-4. The following amenities and associated point values are
proposed: a tot lot with benches (1 point), a half basketball court and a pickleball court with benches(i.e.paved
sports court at 4 points each=8 points),multi-use pathway along Waltman Ln. and along the Ten Mile Creek
(1/4+mile—2 points), exceeding the minimum standard by 7 points. The multi family portion of the
development is also required toprovide site amenitiesper the standards listed in UDC 11-4-3-27 in addition to
this requirement(see analysis below under Conditional Use Permit).
Fencing(UDC 11-3A-6, 11-3A-7):
All fencing constructed on the site is required to comply with the standards listed in UDC 11-3A-7. A
combination of 6-foot tall solid vinyl fencing and 6-foot tall wrought iron fencing is proposed as shown on the
landscape plan.
A 9-foot tall berm with a 6-foot tall rhino rock stamped concrete wall is proposed within the street buffer along
the southern boundary of the site as noise abatement to buffer the residential uses from the traffic on 1-84 in
accord with UDC 11-3H-4D;the wall is proposed to be staggered every linear 300' in accord with UDC
standards to avoid a monotonous wall(see detail in Section VIIIY). The detail of the wall should be revised
on the landscape plan submitted with the final plat application to include the centerline of the west-
bound travel to demonstrate compliance with the requirement for the berm/wall to be a minimum of 10
feet higher than the elevation at the centerline of the state highway.
Existing Easements:
There is an existing 100-foot wide irrigation easement(50' each side of centerline) for the Ten Mile Creek held
by NMID along the east boundary of the site as depicted on the plat, some of which lies on the adjacent
property to the east. A 20-foot wide City sewer easement also exists along the east boundary of the site as
depicted on the plat.
Waterways:
The Ten Mile Creek runs along the east boundary of the site and is required to be left open as a natural amenity
and not be piped as set forth in UDC 11-3A-6B.1 as proposed.
Flood Zone: A portion of the site along the east boundary lies within Flood Zone"A"per FEMA Map
#16001CO232H. This site is not within the floodplain.
Utilities:
Connection to City water and sewer services is required in accord with UDC 11-3A-21. Street lighting is
required to be installed in accord with the City's adopted standards, specifications and ordinances.
An existing 15-inch sewer main lies along the east half of the Waltman Ln. frontage and along the west top of
bank of the Ten Mile Creek through the site. The 8-inch sewer main connection will be in Waltman Ln. and will
serve the entire site via gravity sewer. An existing 12-inch water main is located in Waltman Ln. along the full
frontage of the site. This subdivision will connect in Waltman at two locations and also to the existing 8"stub
located at the Landing Subdivision stub street(Ruddy)at the west boundary. See Section VIII.B below for
Public Works comments/conditions.
Pressurized Irrigation System:
A regional pressure irrigation pump station is proposed to be constructed with this development to NMID
standards with a Ten Mile Creek takeout in the northeast corner of the site near Waltman Ln. Pressure irrigation
distribution lines and individual lot services will be provided to all lots in the subdivision. Pressurized irrigation
systems should comply with the standards set forth in UDC 11-3A-15.
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 shall follow best management practice as adopted by the
City as set forth in UDC 11-3A-18. A Geotech report was submitted for this development. Storm drainage is
proposed to be mitigated by underground seepage beds and/or retention ponds in accord with ACHD design
criteria. Stormwater swales incorporated into required landscape areas are required to be vegetated with
grass or other appropriate plant materials and designed to accommodate the required number of trees as
per UDC 11-3B-7 if located in a street buffer or other required landscape area.
Building Elevations (UDC 11-3A-19 I Architectural Standards Manual):
Conceptual building elevations were submitted for the proposed residential structures on the site as shown in
Section VIII.I. One and two-story single-family detached and townhome dwellings are proposed with a mix of
front-loaded and alley-loaded styles in a mix of materials and colors. Single-story homes are proposed along the
southern boundary adjacent to I-84 to minimize the sound impact to residents.
In the multi-family portion of the development, one (1)2-story and 11 3-story apartment buildings are proposed
containing 16-units and 24-units,respectively along with a single-story clubhouse.A mix of materials are
proposed consisting of stucco and horizontal and vertical siding with stone veneer accents. The 2-story multi-
family building is proposed along the northern boundary adjacent to Waltman Ln. to minimize bulk and wall
effect.
Staff recommends The rear and/or sides of new homes facing Interstate 84 and W.Waltman Ln.
incorporate articulation through changes in two or more of the following: modulation(e.g.projections,
recesses,step-backs,pop-outs),bays,banding,porches,balconies, material types,or other integrated
architectural elements to break up monotonous wall planes and roof lines that are visible from the
subject public streets.Single-story structures are exemptfrom this requirement.
All single-family attached,townhome and multi-family structures are required to comply with the design
standards listed in the Architectural Standards Manual; single-family detached structures are exempt from this
requirement. An administrative Design Review application is required to be submitted for approval of the
design of all single-family attached and townhome structures in the development prior to submittal of
building permit application for those structures.An application for Certificate of Zoning Compliance is
also required to be submitted along with Design Review for the multi-family portion of the development.
D. CONDITIONAL USE PERMIT(CUP)
Conditional use permit for a multi-family development consisting of 280 residential units on 15.88 acres of land
in the R-40 zoning district. A total of(94) 1-bedroom units, (152)2-bedroom units and(34) 3-bedroom units are
proposed in 12 structures on the eastern portion of the site.
Specific Use Standards (UDC 11-4-3): The proposed use is subject to the following standards: (Staffs
analysis/comments in italic text)
11-4-3-27: MULTI-FAMILY DEVELOPMENT:
Site Design:
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 proposed site plan
complies with this standard.
All on-site service areas, outdoor storage areas,waste storage, disposal facilities, and transformer and
utility vaults shall be located in an area not visible from a public street, or shall be fully screened from
view from a public street. The site plan depicts screened trash enclosures not visible from a public
street; all proposed transformer/utility vaults and other service areas shall comply with this
requirement.
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 11-513-5 of this title.Floor plans were submitted that depict porches or balconies for
each unit in accord with this standard.
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.
No recreational vehicles, snowmobiles,boats or other personal recreation vehicles shall be stored on the
site unless provided for in a separate,designated and screened area. The Applicant shall comply with
this requirement.
The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to All Districts",
of this title.Ninety-four(94) 1-bedroom units, (152)2-bedroom units and(34) 3-bedroom units are
proposed(parking is not required for the clubhouse). Based on the number of units proposed, a total of
575 spaces are required with 280 of those in a covered carport or garage. A total of 581 spaces are
proposed with 280 of those in a covered carport or garage, which exceeds the minimum standard by six
(6)spaces. Based on the number of vehicle parking spaces proposed, a minimum of 23 bicycle
parking spaces should be provided dispersed throughout the development.
Developments with twenty(20)units or more shall provide the following:
• A property management office.
• A maintenance storage area.
• A central mailbox location, including provisions for parcel mail,that provide safe pedestrian and/or
vehicular access.
• 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 property management office and maintenance storage area are depicted on the floor plan for the
clubhouse. Central mailbox locations are proposed at the trash enclosures and a directory&map of
the development is provided at the clubhouse. The site plan submitted with the Certificate of Zoning
Compliance should clearly depict the location of these items.
Common Open Space Design Requirements:
The total baseline land area of all qualified common open space shall equal or exceed ten(10)percent of the
gross land area for multi-family developments of five(5) acres or more. When multi-family is approved
concurrently with single-family,the minimum open space requirements in UDC 11-3G-3 shall apply to the
gross land area of entire development (i.e. 15%).Based on 15.88 acres, a minimum of 103,760 sf. (or 2.38
acres) is required that meets the standards listed in UDC 11-4-3-2 7C.2, 3, 4 and 5.
The proposed common open space areas all have direct pedestrian access,high visibility,comply with
CPTED standards and support a range of leisure and play activities and uses as desired. Open space is
accessible and well-connected throughout the development by pathways and visually accessible along the
collector street in accord with UDC 11-4-3-27C.2.
All multi-family projects over 20 units are required to provide at least one(1)common grassy area
integrated into the site design allowing for general activities by all ages,which may be included in the
minimum required open space total. The minimum size of common grassy areas shall be at least 5,000 s.f.
in area and is required to increase proportionately as the number of units increase and be commensurate to
the size of the multi-family development as determined by the decision-making body. Where this area
cannot be increased due to site constraints, it may be included elsewhere in the development. Several
open grassy areas are provided that exceed 5,000 s.f. in area,which Staff feels is commensurate with the
size of the development.
In addition to the baseline open space requirement, a minimum outdoor common open space is required, as
follows: 250 s.f. for each unit containing more than 500 and up to 1,200 s.f. of living area(246 units x 250
s.f. =61,500 s.f. or 1.41 acres)and 350 s.f. for each unit containing more than 1,200 s.f. (34 units x 350 s.f.
= 11,900 s.f. or 0.27 acre),which equals 73,400 s.f. or 1.68 acres. With the baseline requirement(i.e.
103,760 s.f. or 2.38 acres), a minimum of 177,160 s.£ or 4.06 acres of qualified common open space is
required overall.A total of 4.37 acres is proposed to be provided as shown in Section VIII.G; however,
there are a couple of areas that don't meet the standards for qualified open space as follows: the 10'wide
strip along the west boundary of the site consisting of 10,196 sf. (or 0.23 acre) is below the minimum width
dimension of 20'; and the area at the northeast corner of the site on the other side of the creek consisting of
3,802 sf. (or 0.09 acre) is not well-connected or accessible from this development except by the pathway
along Waltman Ln. Without these areas, 4.05 acres is still provided, which rounded down to the whole
number, meets the minimum standard.
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')per UDC 11-4-3-27C.5. The common open space
areas depicted on the open space exhibit in Section VIII.G meet this requirement except for the linear area
along the west boundary adjacent to parking as mentioned above.
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 per UDC 11-4-3-27C.6. The multi family
component of this project is proposed to be developed in two (2)phases as shown on the phasing plan in
Section HIT C and appears to comply with this standard.
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 per UDC 11-4-
3-27C.7.A 3-foot tall berm is proposed within the street buffer along Waltman Ln., a collector street,
which should be increased to 4-feet in height.
Site Development Amenities: For multi-family developments with 75 units or more, four(4)amenities are
required to be provided with at least one(1)from each category listed in UDC 11-4-3-27D(i.e. quality of
life, open space,recreation,multi-modal). For developments with more than 100 units,the decision-making
body should require additional amenities commensuarate to he size of the proposed development.
The applicant proposes amenities from each of the required categories as follows: a 5,750 s.f. clubhouse
with a fitness facility,dog washing facilities, a cycle shop and tenant storage closets; a covered patio with
BBQ at the clubhouse, a gazebo at the pool deck, a picnic gazebo at play area,greenbelt plaza, swimming
pool& spa with changing facilities &restrooms,children's play structure/tot lot, a pickleball sports court, a
bicycle repair station and charging stations for electric vehicles. Staff is of the opinon the proposed
amenities are commensurate with the 280-unit apartment project proposed and meet and exceed the
requirement.
Landscaping Requirements: Landscaping is required in accord with the standards in UDC 11-313. All
street facing elevations are required to have landscaping along their foundation as follows: the landscaped
area shall be at least three feet(3')wide; for every three(3) linear feet of foundation, an evergreen shrub
having a minimum mature height of twenty-four inches(24") shall be planted; and ground cover plants are
required to be planted in the remainder of the landscaped area.Landscaping is depicted along the
foundation of elevations that face Waltman Ln. that appears to comply with this standard.
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 and submit a recorded copy of this document
to the Planning Division prior to issuance of Certificate of Occupancy for the first structure within the
development.
Police access under exigent circumstances: Multifamily developments with units that take access via
secured common corridors are required to install and maintain a keyless entry system, or suitable alternative,
to provide police access to the common corridors under exigent circumstances. The keyless entry system or
alternative shall be subject to review and approval by the Meridian Police Department.
Private Streets: As noted above, for addressing purposes and for wayfinding in the event of an emergency,
the Fire Dept. is requesting private streets are provided within the multi-family portion of the development.
A private street application shall be submitted that demonstrates compliance with the standards listed
in UDC 11-3F-4.
VII. DECISION
A. Staff:
Staff recommends approval of the proposed MDA,RZ,PP and CUP applications per the provisions included in
Section VIII in accord with the Findings in Section IX if the proposed amendment to the FLUM is approved
with H-2021-0099. If the proposed amendment is not approved, Staff recommends denial of the proposed
MDA,and consequently the RZ,PP and CUP applications per the analysis in Section V due to inconsistency of
the proposed development plan with the MU-C designation as noted above.
B. The Meridian Planning&Zoning Commission heard these items on(continued from October 19,
2023)November 2, 2023. At the public hearing,the Commission moved to recommend approval
of the subject MDA, RZ, PP and CUP requests.
1. Summary of Commission public hearing_
a. In favor: Becky McKay,Engineering Solutions (Applicant's Representative)
b. In opposition:None
C. Commenting
d. Written testimony: Heath McMahon
e. Staff presenting application: Sonya Allen
f. Other Staff commenting on application:None
2. Ke. ids)of public testimony
a. Not in support of this project due the(high) density_proposed and negative impact on
traffic in this area.
b. Safety of area residents with the traffic that will be generated from this development and
the commercial development to the east.
3. Ke, ids)of discussion by Commission:
a. The request by the Applicant to not be required to provide a vehicular connection to the
east across the Ten Mile Creek to the adjacent commercial development. The
Commission was in favor of Council granting a waiver to not require a connection.
b. Concern regarding the phasing of the development in relation to construction of the
Linder Road overpass.
4. Commission change(s)to Staff recommendation:
a. At Staff s request,modify DA provision#lb to require the extension of Corporate Dr. to
be constructed as required by ACHD.
b. Include a DA provision that requires the Linder Road overpass to be completed prior to
issuance of the first Certificate of Occupant'in the multi-family development(see
Section IX. A.1h).
5. Outstandingissue(s)ssue(s) for City Council:
a. None
C. The Meridian City Council heard these items on November 21,2023. At the public hearing,the
Council moved to approve the subject MDA. RZ. PP and CUP reauests.
1. Summary of the City Council public hearing:
a. In favor: Becky McKay,Engineering Solutions:Leah Kelsey, Six Mile Engineering
b. In opposition: Joe Lorcher, Steve McCarthy:Joe Lorcher,Kelsey Lorcher: Clair
Manning,William Kissinger; Ken Freeze
C. Commenting: Kurt Lee:Justin Lucas.ACHD
d. Written testimony: Becky McKay,Engineering Solutions(Applicant response to
Commission recommendation); 23 letters of public testimony(see public record)
e. Staff presenting application: Sonya Allen
f. Other Staff commenting on application: Joe Bongiomo,Fire Dept.: Shawn Haroer.
Police Dept.
2. Key issue(s)of public testimony:
a. Concern pertaining to overcrowding of area schools if this development is approved-
b. Concern pertaining to traffic impact from this development and no access to I-84 with
the Linder Road overnass:
c. Concern pertaining to pedestrian/bicycle safety with traffic coming through Ruddy Dr.
to Waltman Ln. and increased traffic at the Meridian/Waltman intersection:
d. Preference for a lower density development plan(i.e. single-family homes no
apartments, smaller offices,entertainment uses):
e. Inconsistency of the proposed development plan with the vision of the Destination:
Downtown plan and Comprehensive Plan:
f. Consider limiting density permanently or until there's a resolution in the future to the
traffic issues in this area.
Desire for the City to take a break on approving new projects to give existing approved
projects a chance to catch up and be built and see what the impacts are.
3. Key issues)of discussion by City Council:
a. Traffic level of service once Corporate Dr. is extended:
b. Questions pertaining to traffic solutions for this area posed to ACHD:
C. Concern pertaining to the proposed amendment to the FLUM:
4. City Council change(s)to Commission recommendation.
a. Council approved the Applicant's requests for a modification to DA provision A d to
change the timing of construction of the noise abatement wall&berm along 1-84 from
the first phase of development to the first phase that's platted adjacent to 1-84:the
removal of DA provision#lh,which requires the Linder Road overpass to be completed
piror to issuance of the first Certificate of Occupancy within the multi-family
development: and deletion of PP condition#2c,which requires a bridge to be
constructed and a vehicular connection provided to the east across the Ten Mile Creek
for interconnectivity with the commercial property to the east.
VIII. EXHIBITS
A. Conceptual Development Plans Included in Existing Development Agreement
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B. Rezone Legal Descriptions and Exhibit Map
Legal Description
Tanner Creek Subdivision —Zone R-8
A parcel being located in the SE '/a of Section 13, Township 3 North, Range 1 West, Boise
Meridian,Ada County, Idaho, and more particularly described as follows:
Commencing at a 518 inch diameter iron pin marking the northwest corner of said SE l (C l
Corner),from which a brass cap monument marking the northeast corner of said SE'/d('/4 Corner)
bears S 8g°52'43"E a distance of 2642,71 feat;
Thence S 89°52'53" E along the northerly boundary of said SE 3/4 a distance of 250.00 feet to the
POINT OF BEGINNING;
Thence continuing along said northerly boundary S 89°52'53" E a distance of 543.81 feet to a
point;
Thence leaving said northerly boundary S 0°01'45" VV a distance of 196.36 feet to a point;
Thence N 89°56'05" W a distance of 129.13 feet to a point,
Thence N 88`43'36' W a distance of 59.52 feet to a point;
Thence N 89`52'43"W a distance of 305.30 feet to a point;
Thence S 0°04'14"W a distance of 331.54 feet to a point of curvature;
Thence a distance of 199.11 feet along the arc of a 125.00 foot radius curve right, said curve
having a central angle of 91 015'53"and a long chord bearing S 44°25'59"IN a distance of 178.72
feet to a point of tangency;
Thence N 89°56'05"W a distance of 46.97 feet to a point;
Thence S 0'01'30"W a distance of 422.85 feet to a point of curvature;
Thence a distance of 84.04 feet along the arc of a 53.50 foot radius curve left, said curve having
a central angle of 90°00'13" and a long chord bearing S 44°58237" E a distance of 75.66 feet#o a
point of tangency;
Thence S 89058'43" F a distance of 427.00 feet to a point;
Thence N 88°33'04" E a distance of 56.77 feet to a point;
Thence S 89°56'05" E a distance of 129.17 feet to a point;
Thence S 0°00'04"VV a distance of 301.28 feet to a point on the centerline of Interstate 84;
Thence along said centerline S 89'59'24"W a distance of 795.12 feet to a point on the westerly
boundary of said SE '/a;
Thence along said westerly boundary N 0"03'55"E a distance of 1189.59 feet to a point;
Uin
dSol Wio Tanner Creek—R-S Zone
Lnna surveying and Con" S Page 1 of t
Job N4.Za-54
Thence leaving said westerly boundary S 89044'33" E a distance of 249.82 feet to a point;
Thence N 0°0638" E a distance of 242.69 feel to the POINT OF BEGINNING.
This parcel contains 12.158 acres and is subject to any easements existing or in use.
Clinton W. Hansen, PLS oNNi Lq pps
Land Solutions, PC p
October 19, 2023 ypw 5 Te 9m
a 11118 a
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d olluut7uns Tanner crank—R-8 Zone
Page 2 N 2
Job No.23 M
Legal Description
Tanner Creek Subdivision — Zone R-15
A parcel being located in the NW''/.of the BE Z of Section 13, Township 3 North, Range 1 West,
Boise Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at a 5/8 inch diameter iron pin marking the northwest comer of said NW '/. of the
BE Z (C '/. Comer), from which a brass cap monument marking the northeast comer of the BE
Ya(% Corner) of said Section 13 bears S 89°52'43" E a distance of 2642.71 feet;
Thence S 89052'53" E along the northerly boundary of said NW Y. of the SE % a distance of
793.81 feet to a point;
Thence leaving said northerly boundary S 0"01'45"W a distance of 1%.W feet to the POINT OF
BEGINNING;
Thence continuing S W01'45" W a distance of 427.80 feet to a point;
Thence N 89058'17" W a distance of 112.70 feet to a point;
Thence S 0"OB'20" E a distance of 104.81 feet to a point,
Thence S 89'59'36" E a distance of 112.51 feet to a point;
Thence S 00OPO4"W a distance of 399,65 feet to a point;
Thence N 89456'05" W a distance of 129.17 feet to a polo;
Thence S 68°33'04" W a distance of 56,77 feet to a point;
Thence N 89058'43" W a distance of 427.00 feel to a point of curvature;
Thence a distance of 84.04 feet along the arc of a 53.50 tam radius curve right, said curve having
a central angle of 90°00'l3" and a long chord hearing N 44'56'37" W a distance of 75.66 feet to
a point of tangency;
Thence N 0°01'30° E a distance of 422.85 feet to a point;
Thence S 89056'05" E a distance of 46.97 feet to a point of curvature;
Thence a distance of 199.11 feet along the are of a 125.00 foot radius curve left, said curve having
a central angle of 91°15'S3" and a long chord bearing N 44025'59" E a distance of 178.72 feet to
a point of tangency;
Thence N 0°04'14" E a distance of 331.54 feel to a point;
Thence S 8905243' E a distance of 305.30 feet to a point,
Thence S 88-43'36" E a distance of 59.52 feet to a point;
-4in ioblutlons Tanner Creek—R-iSZone
n n n Page1M2
Join Na 2M4
Thence S 89'55'05' E a distance of 129.13 feet to the POINT OF BEGINNING.
This parcel contains 12.272 acres and is subject to any easements existing or in use.
nton
Lalnd S� PLSolutions, PC lb
October 18, 2023
Ldnd37olutfons Tense Creek—R.15 zone
wm.e Page 2 of
Job No.23-M
Legal Description
Tanner Creek Subdivision —Zone R40
A parcel being located in the SE X of Section 13, Township 3 North, Range 1 West, Boise
Meridian,Ada County, Idaho, and more particularly described as follows:
Commencing at a 518 inch diameter iron pin marking the northwest corner of said NW%of the
SE'/4(C %Corner), from which a brass cap monument marking the northeast corner of the SE
%(%Conrer)all Section 13 bears S 69052'4Y E a distance of 2642.71 feet,
Thence S 89°52'S3" E along the northerly boundary of said NW % of the SE Y. a distance of
793.81 feel to the POINT OF BEGINNING;
Thence continuing along said northerly boundary S 89052'43" E a distance of 527.62 feet to a
point marking the northeast Corner of said NW"/e of the SE Z;
Thence along the easterly boundary of said NW Z of the SE Ya S 0019'27"W a distance of 1428.67
feet to a paint on the centerline of Interstate 84;
Thence leaving said easterly boundary and along said centerline S 89659'24" W a distance of
519.a5 feat to a point;
Thence leaving said centerline N 0000'04" E a distance of 700.93 feet to a point,
Thence N 89059'36"W a distance of 112.51 feet to a point;
Thence N 0°06'20"W a distance of 104.81 feet to a point
Thence S 89'58'17' E a distance of 112,70 feet to a point;
Thence N 0001'45"E a distance of 624,16 feet to the POINT OF BEGINNING.
This parcel contains 17.458 acres and is subject to any easements existing or in use.
Clinton W. Hansen
andSolutions,Cns, PC PLS
Land
October 19,2023 LandS�oiutions TennerCiest—n4omne
Job No.23.64
TANNER CREEK SUBDIVISION - ZONING EXHIBIT
CITY OF MERIDIAN REZONE-R-8, R-15, R-40
LOCATED IN THE BE 114 OF SECTION 13, T3N, Ri W, SM,ADA COUNTY, IDAHO
BASIS 6� NG 1 4
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Page 34
E. Preliminary Plat Legal Description&Exhibit Map/Area Subject to Development Agreement
Lesai Description
Tanner Creek Preliminary Plat
A parcel being located in the NW%of the SE f4 of Section 13,Township 3 North, Range 1 West,
Boise Meridian,Ada County, Idaho, and more particularly described as follows
Commencing at a 518 inch diameter iron pin marking the northwest corner of said NW'/4 of the
SE % (C %, Corner), front which a brass cap monument marking the northeast corner of the SE
%('/Corner)of said Section 13 bears S 89°52'43" E a distance of 2642.71 feet;
Thence 5 89'52'53" E along the northerly boundary of said NVV % of the SE X a distance of
250.00 feet to a point;
Thence leaving said northerly boundary S 0°06'36" W a distance of 17.74 feet to a paint on the
southerly right-cf-way of VV.Waltman Lane and the POINT OF BEGINNING;
Thence along said southerly right-of-way 5 89'42'17" E a distance of 1071.35 feet to a point on
the easterly boundary of said NW'/. of the SE%:
Thence along said easterly boundary S 0°19'27°VV a distance of 1260,57 feet to a point on the
northerly right-of-way of Interstate 84;
Thence leaving said easterly boundary and along said northerly right-of-way the following
described courses and distances:
Thence S 84'03'21"VV a distance of 43.25 feet to a point;
Thence S 82'20'06"VV a distance of 275.70 feet to a point;
Thence N 89`57'23" W a distance of 999-43 feet to a point on the westerly boundary of
said NW'l of the SE'/4;
Thence leaving said northerly right-of-way and along said westerly boundary N 0°03'55" E a
distance of 1082.73 feet to a point;
Thence leaving said westerly boundary S 89°44'33" E a distance of 249.82 feet to a paint,
Thence N 0°06'36" E a distance of 224.95 feet to the POINT OF BEGINNING_
This parcel contains 38.05 acres and is subject to any easements existing or in use_
�p,L LA1yp
Clinton W. Hansen, PLS ,s T F s�
Land Solutions, PC '
October 16, 2023 d
¢ 11118 �
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Tanner Creek Preliminary Plat
Lciindolutions
��1 LWMSurvW V7 dCcmultl"p Job No.23-64
TANNER CREEK SUBDIVISION PRELIMINARY PLAT EXHIBIT
LOCATED IN THE NW i/4 OF THESE 1/4 OF SECTION 13, T3N, Ri W, BM,ADA COUNTY, IDAHO
C 1/4 BASIS T GEAWNG t/4
W. WALTNAN Ui.� 58952'4a'E 2G4zn'nn _ _ —_—_ 1321 ID'
w �SB9'42'17°E 1071.35'
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PROPOSED TANNER CREEK SUBDINSION
AREA=38.05 ACRES
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orrr a�wee ipi�SrtR�a FE LANDSCAPE OUIRDWENT5WMEMEWTS
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TECHNICAL INFORMATION:Rills OOk Fence Panel
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G. Qualified Open Space Exhibit(dated: 8/7/23)& Site Amenities
CITY OF MERIDIAN
SINGLE FAMILY (R-8 AND R-15) OPEN
SPACE REQUIREMENTS
QUALIFIED OPEN SPACE
I�6 OPEN 5PA0! I� YOfAL APEA• REQUIRED: PRf.NIDEl7:
(d1ALI I IID OPBd WA I WA,302 5F I0.0 5 0-W AW �134AE2 MM AQ
-NC TM: 7FIE 5UiI g1ALIPIED OPEN 5PAGE A?- M OF 26,932 5.P.IN 7NE RAO
ZONE(SEE Fx ISIT XI,O),EXr,FFrM THE OAALIF1Ep OPEN SPACE pEFIOIT OF IIPeI8
5F.IN T17NE9 Ra AND 1213,TIE VP.PU*IN RAp IS TO M AmLIPP TO aCp AN;'III
LANDSCAPE LEGEND
M WALTMAN LAND
d1ALIFl3<D d'1<N 9PA6f s I'-
AREA=18,901 30.FT.
W.BROWN TROUT DR
AREA=1,932 SQ.FT. AREA=5,594 80.FT.
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TANNER CREEK PR❑JECT#:23051
WALTMAN LANE, MERIDIAN
OPEN SPACE EXHIBIT X1.1
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H. Site Plan for Multi-Family Portion of Development(date: 7/12/2023)
TAMER CREEK APARTMENTS
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I. Building Elevation Photos&Renderings
Alley-loaded single-family detached units:
Alley-loaded single-family attached units:
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Alley-loaded townhome units:
Front-loaded single-family detached units:
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TANNER CREEK 1 - o MERIDIAN DEVELOPMENT
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K. Proposed Change to the FLUM with the I-84&Meridian Road Project(H-2021-0099)
Date: 10/12 f 2023
Adopted Land Uses
0 500 1.000 % �� `
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IN
Legend
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IX. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
Development Agreement Modification:
1. The subject property shall no longer be subject to the terms of the existing Development Agreement(DA)
(Inst. #108131100)upon the property owner(s) entering into a new agreement. The new DA shall be signed
by the property owner(s)and returned to the City within six(6)months of City Council approval of the
Findings of Fact, Conclusions of Law and Decision&Order for the Development Agreement Modification
and Rezone request. The new DA shall include the following provisions:
a. Future development of this site shall be generally consistent with the conceptual site plan, conceptual
building elevations,preliminary plat,phasing plan, landscape plan, and qualified open space exhibits
included in Section VII and the provisions contained herein. Flexibility in the phasing to adjust the
number of lots, combination of lots and number of phases to reflect changing market conditions is
permitted unless otherwise restricted herein or in the Cooperative Development Agreement with Ada
County Highway District(ACHD).
b. The Developer shall construct a bridge across the Ten Mile Creek and extend Corporate Drive from the
north to Waltman Lane . a eemplete street sees n with detaehed 10 feet wide multi use...,.t,,,ays
.,tong both sides of the street as required by ACHD,prior to issuance of any building permits within the
first phase of development.
c. The Developer shall widen W. Waltman Lane and reconstruct and widen the bridge across the Ten Mile
Creek after the Phase 1 improvements have been made,which include the Corporate Drive extension,
as required in the Cooperative Development Agreement with ACHD.
d. Noise abatement shall be provided for residential uses adjacent to Interstate 84 in accord with the
standards listed in UDC 11-3H-41). The berm and wall in its entirety shall be constructed with the first
phase of development that's platted adjacent to I-84
e. The rear and/or sides of new homes facing Interstate 84 and W.Waltman Ln. shall incorporate
articulation through changes in two or more of the following: modulation(e.g.projections,recesses,
step-backs,pop-outs),bays,banding,porches,balconies,material types, or other integrated
architectural elements to break up monotonous wall planes and roof lines that are visible from the
subject public streets. Single-story structures are exempt from this requirement.
f. No building permits shall be issued for this development until the property has been subdivided.
g. At no time shall construction traffic associated with the development of this site be allowed to access
this site using Ruddy Dr. through The Landing Subdivision.
h. The Linder-Read evei:vass shall be eempleted prior-to issuanee of the first CeAifieate of 0
within the malti family
Preliminary Plat:
2. The final plat shall include the following revisions:
a. Depict zero (0) lot lines where single-family attached and townhome units are proposed to span over
property lines.
b. Include a cross-section of the typical alley that complies with the standards listed in UDC 11-6C-3B.5.
pedestfian bridge proposed--. If City Council grants the waiver,the applicant shall construct the
pedestrian bridge and connection as proposed. Council granted a waiver to this requirement.
3. The landscape plan included in Section VII.D shall be revised as follows:
a. Depict shrubs within the 5-foot wide strip of landscaping on the west side of the multi-use pathway
along the creek in accord with the standards set forth in UDC 11-3B-12C.
b. Depict a driveway across Lot 1,Block 2 to the outparcel at the northwest corner of the site(i.e.
Martinez property#S 1213428080)in alignment with W. Brown Trout Dr. for future access.
c. Revise the detail of the wall along I-84 to demonstrate full compliance with the noise abatement
standards listed in UDC 11-3114D, including the depiction of the centerline of the adjacent highway
(i.e. 1-84).
d. Depict 5-foot wide landscape buffers planted with shrubs,lawn or other vegetative groundcover where
solid fencing is proposed adjacent to the common driveway as set forth in UDC 11-6C-3D.5.
e. The open space landscape requirements on the Landscape Requirements table shall be revised to reflect
the updated standard of one(1)deciduous tree for every 5,000 square feet of common open space as set
forth in UDC 11-3G-5B.3.
f. Include mitigation information as applicable for tree preservation in accord with the standards listed in
UDC 11-3B-IOC.
g. Stormwater swales incorporated into required landscape areas are required to be vegetated with grass or
other appropriate plant materials and designed to accommodate the required number of trees as per
UDC 11-3B-7 if located in a street buffer or other required landscape area.
h. In the street buffer along Waltman Ln.,depict enhanced landscaping as set forth in UDC 11-3B-7C.3f
for entryway corridors and comply with the standards listed in UDC 11-3G-3B.3.
i. Depict a perpetual ingress/egress easement for the common driveways on the plat and include a note
with a requirement for maintenance of a paved surface capable of supporting fire vehicles and
equipment asset forth in UDC 11-6C-3D.8.
4. Address signage needs to be provided at the public street for homes accessed via common driveways for
emergency wayfinding purposes.
5. All alleys shall be constructed per the standards listed in UDC 11-6C-3B.5.
6. All common driveways shall be constructed per the standards listed in UDC 11-6C-3D as depicted in the
exhibits in Section VIII.D.
7. Address signage shall be provided at the public street for homes accessed via common driveways for
emergency wayfinding purposes.
8. All existing structures on this site are required to be removed prior to signature on the final plat for the
phase in which they are located.
9. A 14-foot wide public pedestrian easement for the multi-use pathway shall be submitted to the Planning
Division for approval by City Council and subsequent recordation.
10. A private street application shall be submitted for the streets within the multi-family portion of the
development. All private streets shall comply with the standards listed in UDC 11-3F-4.
11. The proposed plat and subsequent development is required to comply with the UDC dimensional standards
for the associated zoning districts is required, as follows: Table 11-2A-6 for the R-8 zoning district; Table
11-2A-7 for the R-15 zoning district; and Table 11-2A-8 for the R-40 zoning district. The standards for all
development in residential districts are listed in 11-2A-3.
Conditional Use Permit:
12. The multi-family development shall have an ongoing obligation to comply with the specific use standards
listed in UDC 11-4-3-27.
13. For each of the multi-family units, a minimum of eighty(80) square feet of private,usable open space shall
be provided for each unit as set forth in UDC 11-4-3-27B.3. This requirement can be satisfied through
porches,patios, decks, and/or enclosed yards. Floor plans with square footage noted for patios and
balconies shall be submitted with the Certificate of Zoning Compliance application that demonstrate
compliance with this standard.
14. The multi-family development shall record a legally binding document that states the maintenance and
ownership responsibilities for the management of the development, including,but not limited to, structures,
parking, common areas, and other development features as set forth in UDC 11-4-3-27F. A recorded copy
of said document shall be submitted to the Planning Division prior to issuance of the first Certificate
of Occupancy for the development.
15. The site and/or landscape plan submitted with the Certificate of Zoning Compliance shall be revised as
follows:
a. Depict bicycle racks capable of holding a minimum of 23 bicycles dispersed throughout the
development; include a detail for the bicycle rack that complies with the standards listed in UDC 11-
3C-5C.
b. All transformer and utility vaults and other service areas shall be located in an area not visible from a
public street, or shall be fully screened from view from a public street in accord with UDC 11-4-3-
27B.2.
c. Depict a directory and map of the development at the entrance or convenient location for those entering
the development; and a central mailbox location, including provisions for parcel mail,that provide safe
pedestrian and/or vehicular access in accord with UDC 11-4-3-27B.7.
d. Depict landscaping along the foundations of all street facing elevations adjacent to Waltman Ln as set
forth in UDC 11-4-3-27E.2.
e. The berm along Waltman Ln. shall be at least four feet(4')in height as set forth in UDC 11-4-3-27C.7,
unless otherwise approved through the conditional use process.
16. Developments with units that take access via secured common corridors shall install and maintain a keyless
entry system, or suitable alternative,to provide police access to the common corridors under exigent
circumstances. The keyless entry system or alternative shall be subject to review and approval by the
Meridian Police Department.
B. PUBLIC WORKS
https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=307656&dbid=0&redo=MeridianCity
C. FIRE DEPARTMENT
https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=309297&dbid=0&repo=MeridianQV
D. POLICE DEPARTMENT
https://weblink.meridianciU.or-/WebLink/DocView.aspx?id=305428&dbid=0&repo=MeridianCiV
E. PARK'S DEPARTMENT
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=305439&dbid=0&repo=MeridianCity&cr=1
F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=306794&dbid=0&r0o=MeridianCiV
G. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=306844&dbid=0&repo=Meridian City
H. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
https://weblink.meridiancioy.org/WebLink/DocView.aspx?id=305961&dbid=0&repo=MeridianCitE
I. IDAHO TRANSPORTATION DEPARTMENT(ITD)
https:llweblink.meridiancitE.org/WebLink/DocView.aspx?id=305608&dbid=0&repo=MeridianCiU
J. MERIDIAN DEVELOPMENT CORPORATION(MDC)
https://weblink.meridiancily.org/WebLink/DocView.aspx?id=308453&dbid=0&repo=MeridianCity
K. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https://weblink.meridiancioy.orzlWebLink/DocView.aspx?id=308348&dbid=0&repo=MeridianCioy
Traffic Impact Study (updated):
https:llweblink.meridiancitE.or,Q/WebLink/DocView.aspx?id=308355&dbid=0&repo=MeridianCiU
Response to Review Comments on TIS Update:
https://weblink.meridiancio!.ork/WebLink/DocView.aspx?id=308356&dbid=0&repo=MeridianCioy
Traffic Trip Generation Study (2018) & Updated Calculations:
https://weblink.meridiancitE.org/WebLink/DocView.aspx?id=187103&dbid=0&repo=MeridianCiU
https://weblink.meridiancio!.ork/WebLink/DocView.aspx?id=308358&dbid=0&repo=MeridianCioy
X. FINDINGS
A. Annexation and/or Rezone(UDC 11-511-3E)
Required Findings: Upon recommendation from the commission,the council shall make a full investigation and
shall, at the public hearing,review the application. In order to grant an annexation and/or rezone,the council
shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive plan;
City Council finds the Applicant's proposal to rezone and develop the subject property with a variety of
residential uses is consistent with the associated FL UM amendment to MHDR with H-2021-0099 for the
property and the applicable provisions of the Comprehensive Plan as noted above in Section V above.
2. The map amendment complies with the regulations outlined for the proposed district, specifically the
purpose statement;
City Council finds the proposed map amendment/rezone and development complies with the purpose
statement of the residential districts in that it will provide for a range of housing opportunities for the
community consistent with the Comprehensive Plan.
3. The map amendment shall not be materially detrimental to the public health, safety, and welfare;
City Council finds the proposed map amendment/rezone should not be detrimental to the public health,
safety and welfare as the proposed residential uses should be compatible with adjacent existing residential
properties to the west, north and east and provide a good transition to proposed commercial uses to the
east.
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
City Council finds City services are available to be provided to this development. Comments were not
received from West Ada School District.
5. The annexation(as applicable)is in the best interest of city.
City Council finds the proposed rezone is in the best interest of the City.
B. Preliminary Plat(UDC 11-6B-6)
In consideration of a preliminary plat, combined preliminary and final plat, or short plat,the decision-making
body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005)
1. The plat is in conformance with the comprehensive plan and is consistent with this unified development
code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008)
City Council finds the proposed plat is generally in conformance with the UDC if the Applicant complies
with the Development Agreement provisions and conditions of approval in Section VIII.
2. Public services are available or can be made available ad are adequate to accommodate the proposed
development;
City Council finds public services can be made available to the subject property and will be adequate to
accommodate the proposed development.
3. The plat is in conformance with scheduled public improvements in accord with the city's capital
improvement program;
City Council finds the proposed plat is in substantial conformance with scheduled public improvements in
accord with the City's CIR
4. There is public financial capability of supporting services for the proposed development;
City Council finds there is public financial capability of supporting services for the proposed development.
5. The development will not be detrimental to the public health, safety or general welfare; and
City Council finds the proposed development will not be detrimental to the public health, safety or general
welfare.
6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30-2005, eff. 9-
15-2005)
City Council is unaware of any significant natural, scenic or historic features that need to be
preserved with this development.
C. Conditional Use Permit(UDC 11-513-6E)
The Commission shall base its determination on the Conditional Use Permit requests upon the following:
1. That the site is large enough to accommodate the proposed use and meet all the dimensional and
development regulations in the district in which the use is located.
City Council finds that the subject property is large enough to accommodate the proposed use and
dimensional and development regulations of the R-40 district(see Analysis, Section V for more
information).
2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with
the requirements of this Title.
City Council finds that the proposed use is consistent with the proposed future land use map designation of
MHDR and is allowed as a conditional use per UDC Table 11-2A-2 in the R-40 zoning district.
3. That the design, construction, operation and maintenance will be compatible with other uses in the
general neighborhood and with the existing or intended character of the general vicinity and that such
use will not adversely change the essential character of the same area.
City Council finds the proposed design of the development, construction, operation and maintenance should
be compatible with the mix of other uses planned for this area and with the intended character of the area
and that such uses will not adversely change the character of the area.
4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely
affect other property in the vicinity.
City Council finds that if the applicant complies with the conditions outlined in this report, the proposed use
will not adversely affect other property in the area. The Commission should weigh any public testimony
provided to determine if the development will adversely affect other properties in the vicinity.
5. That the proposed use will be served adequately by essential public facilities and services such as
highways,streets,schools,parks,police and fire protection,drainage structures,refuse disposal,water,
and sewer.
City Council finds that essential public services are available to this property and that the use will be
adequately served by these facilities.