Regency at River Valley Apartment Project MCU-10-001CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF E IDIAN
LAW AND i ~ a H o
DECISION & ORDER
In the Matter of a Modification to the Conditional Use Permit for Changes to the Site Plan,
Landscape Plan, Building Elevations, and Certain Conditions of the Conditional Use
Permit for the Regency at River Valley Apartment Project Located at 2500 N. Eagle Road,
by Bach Investments, LLC.
Case No(s). MCU-10-001
For the Planning and Zoning Commission Hearing Date of: October 7, 2010 (Findings on
October 21, 2010)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of October 7, 2010,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of October 7, 2010,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of October
7, 2010, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of October 7, 2010, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified
Development Code codified at Title 11 Meridian City Code, and all current zoning maps
thereof. The City of Meridian has, by ordinance, established the Impact Area and the
Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,
2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-SA.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MCU-10-001
Page I
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Chairman of the Commission and City Clerk and then a copy
served by the Clerk upon the applicant, the Planning Department, the Public Works
Department and any affected party requesting notice.
7. That this approval is subject to the Conditions of Approval in the attached Staff Report
for the hearing date of October 7, 2010, incorporated by reference. The conditions are
concluded to be reasonable and the applicant shall meet such requirements as a condition
of approval of the application.
C. Decision and Order
Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City
Code § 11-SA 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 modification to the Conditional User Permit as evidenced
by having submitted the Site Plan, Landscape Plan, and Building Elevations attached in
Exhibit A of the staff report dated October 7, 2010, is hereby conditionally approved;
and,
2. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of October 7, 2010, incorporated by reference.
D. Notice of Applicable Time Limits
Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a
maximum period of eighteen (18) months 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 recorded within this eighteen (18) month period. For projects with
multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the
event that the development is made in successive contiguous segments or multiple
phases, such phases shall be constructed within successive intervals of one (1) year
from the original date of approval. If the successive phases are not submitted within the
one (1) year interval, the conditional approval of the future phases shall be null and
void. Upon written request and filed by the applicant prior to the termination of the
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MCU-10-001
Page 2
period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the
time to commence the use not to exceed one (1) eighteen (18) month period. Additional
time extensions up to eighteen (18) months as determined and approved by the
Commission maybe granted. With all extensions, the Director or Commission may
require the conditional use comply with the current provisions of Meridian City Code
Title 11.
E. Notice of Final Action and Right to Regulatory Takings Analysis
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review maybe filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which maybe adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Attached: Staff Report for the hearing date of October 7, 2010.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MCU-10-001
Page 3
By action of the Planning & Zoning Commission at its regular meeting held on the ~"~
day of (~~C~~ j- ~, ~~ ~,~~ , 2010.
COMMISSIONER MICHAEL ROHM VOTED__(P J 1...
(Chair)
COMMISSIONER SCOTT FREEMAN
COMMISSIONER WENDY NEWTON-HUCKABAY
COMMISSIONER TOM O'BRIEN
COMMISSIONER JOE MARSHALL
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CHAIRMAN MICHAEL ROHM
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OUNT ,,,'
Copy served upon Applicant, The Planning Department, Public Works Departmen4l~iYd'~Itj%'~~
Attorney.
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By: I ~~ ~.. ~ Dated: j C- ,~ 5 - I
City C erk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MCU-] 0-001
VOTED ~~
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VOTED_~~,
Page 4
STAFF REPORT Hearing Date: October 7, 2010
TO: Planning & Zoning Commission E IDIAN~--
FROM: Sonya Watters, Associate City Planner I D A H O
208-884-5533
SUBJECT: MCU-10-001 -Regency at River Valley
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Bach Investments, LLC, requests approval to modify the site plan, landscape plan,
building elevations, and certain conditions of the conditional use permit for the Regency at River
Valley apartment project. See Section IXAnalysis for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed MCU with the conditions listed in Exhibit B, based on
the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report.
The Meridian Planning and Zoning Commission heard this item on October 7, 2010. At the
public hearing, they moved to approve CUP-10-001.
a. Summary of Commission Public Hearing:
i. In favor: William Mason, Mason & Stanfield
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Anna Canning
vi. Other staff commenting on application: None
b. Kev Issues of Discussion by Commission:
i. Emergency access to the site, temporary and permanent.
ii. Adequacy of the amount of covered parking provided on the site.
c. Kev Commission Changes to Staff Recommendation:
i. Modify condition #1.4 to include a requirement for the site plan submitted with
the Certificate of Zoning Compliance application to be revised to include an
emergency access driveway to Allys Wav.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number MCU-10-
001 as presented in the staff report for the hearing date of October 7, 2010, with the following
modifications: (Add any proposed modifications.) Ifurther move to direct Staff to prepare an
appropriate findings document to be considered at the next Planning and Zoning Commission hearing
on October 21, 2010.
Denial
After considering all staff, applicant and public testimony, I move to deny MCU-10-001 as presented
during the hearing on October 7, 2010, for the following reasons: (You should state specific reasons
for denial.)
Continuance
I move to continue File Number MCU-10-001 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
PAGE 1
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
2500 N. Eagle Road
Located in the northwest '/ of Section 4, Township 3 North, Range 1 East
B. Owner(s):
RAMI LLC
11650 South State Street, Ste. 300
Draper, UT 84020
C. Applicant:
Greg Rindlisbacher, Bach Investments, LLC
11650 South State Street, Ste. 300
Draper, UT 84020
D. Representative:
Greg Rindlisbacher, Bach Investments, LLC
11650 South State Street, Ste. 300
Draper, UT 84020
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a conditional use permit modification. A public hearing is required
before the Planning & Zoning Commission on this matter, consistent with Meridian City Code
Title 11, Chapter 5.
B. Newspaper notifications published on: September 20, and October 4, 2010
C. Radius notices mailed to properties within 300 feet on: September 9, 2010
D. Applicant posted notice on site by: September 24, 2010
VI. LAND USE
A. Existing Land Use(s) and Zoning: This site is currently vacant and lies within the C-C
(Community Business) and R-40 (High Density Residential) zoning districts. The apartments are
proposed on the R-40 portion of the site.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site is surrounded by
residential property zoned R-4 and RUT in Ada County and existing and undeveloped
commercial properties zoned C-G.
C. History of Previous Actions:
• The following applications were approved by City Council on 6/17/08:
- Annexation and zoning (AZ-08-003) of 1.15 acres with a C-C zoning district and
10.56 acres with an R-40 zoning district. A development agreement was approved
with the annexation (Instrument No. 108131099).
PAGE2
- A conditional use permit (CUP-08-004) for amulti-family residential development in
a proposed R-40 zoning district.
- A variance (VAR-08-002) for a reduction in the number of covered parking spaces
required for multi-family dwellings. A reduction from 360 to 299 covered parking
spaces was approved.
- Private streets (PS-08-004) were also approved within the development.
• An 18 month time extension (TE-09-021) was approved for the CUP on 12/2/09 and will
expire on 6/17/11.
D. Utilities:
1. Public Works:
a. Location of sewer: All previous conditions shall remain for AZ-08-003 for Regency at
River Valley.
b. Location of water: All previous conditions shall remain for AZ-08-003 for Regency at
River Valley.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: The South Slough runs along the northern boundary of this site.
The Downey Sublateral runs along the south boundary of the site.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This property does not lie within the floodplain or floodway.
F. Access: Access for this site is proposed via two access points to/from the future extension of
River Valley Street. A temporary emergency access to Eagle Road is proposed via across-access
easement through the Great Wall Restaurant property until such time as Allys Avenue is
constructed and extends to Ustick Road to the north. At that time, sole emergency access to the
site shall be provided via Allys Avenue.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Mixed Use -Regional" on the Comprehensive Plan Future Land Use
Map. In Chapter VII of the Comprehensive Plan, this designation is defined in part as an area that is
situated in highly visible or transitioning parts of the City where innovative and flexible design
opportunities are encouraged. The MU-R designation allows for over 200,000 square feet of non-
residential uses, residential densities ranging from 3 to 40-dwelling units per acre, mixed use
neighborhood and mixed use commercial uses, as well as regional commercial uses such as
entertainment and employment centers and clean industry.
The 1.15 acre property along Eagle Road zoned C-C will allow for commercial use(s) which will
provide a mix of uses along with the 10.56 acre property zoned R-40 where apartments are proposed.
The gross density of the multi-family residential portion of the site approved with the CUP is 17.86
dwelling units per acre, which complies with the MU-R designation for this property.
The changes proposed with this application will result in a higher gross density of 22.72 dwelling
units per acre which is still consistent with the MU-R designation. (Please see Analysis, Section IX
below for more information).
PAGE 3
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of the Residential and Commercial Districts:
Residential Districts: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a
range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to
the City of Meridian water and sewer systems is a requirement for all residential districts.
Residential districts are distinguished by the allowable density of dwelling units per acre and
corresponding housing types that can be accommodated within the density range.
Commercial Districts: Per UDC 11-2B-1, the purpose of the commercial districts is to provide for
the retail and service needs of the community in accord with the Meridian Comprehensive Plan.
Four districts are designated which differ in the size and scale of commercial structures
accommodated in the district, the scale and mix of allowed commercial uses, and the location of
the district in proximity to streets and highways.
B. Schedule of Use: Unified Development Code (UDC) 11-2A-21ists multi-family developments
as a conditional use in the R-40 zoning district. Specific Use Standards (UDC 11-4-3-27) apply to
multi-family developments; please see Section 10, Analysis below for more information.
UDC Table 11-2B-21ists several uses that are principal permitted uses, conditional uses, and
prohibited uses in the proposed C-C zoning district. Among the principal permitted uses are
animal care facilities; indoor/outdoor arts, entertainment or recreation facilities; building material,
garden equipment and supplies; churches, group daycares, education institutions, financial
institutions, flex space, fuel sales facility, healthcare or social services, information industry,
Laundromat, mortuary, nursery or urban farm, parks, personal or professional service,
public/quasi-public use, restaurant, retail store, minor vehicle repair, vehicle washing facility,
vertical integrated residential project, etc. No uses are proposed on the C-C portion of the site at
this time.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-C
zoning district and UDC 11-2A-8 for the R-40 zoning district applies to this site.
D. Landscaping Standards (UDC 11-3B): NA
1. Width of street buffer(s): NA
2. Width of buffer(s) between land uses: NA
3. Percentage of site as open space: NA
4. Tree Preservation: NA
E. Off-Street Parking: UDC Table 11-3C-6 requires multi-family dwellings with 1 bedroom to have
1.5 parking spaces per unit, 1 in a covered carport or garage; 2-3 bedroom dwellings are required
to have 2 parking spaces per unit in a covered carport or garage. The table in Exhibit A. S states
there will be (68)1-bedroom units, which require 68 covered spaces and 34 uncovered spaces
and (172) 2-3 bedroom units, which require 344 spaces in a covered carport or garage for a total
of 412 covered parking spaces and 34 uncovered spaces and an overall total of 44S spaces. The
applicant proposes to provide 48 spaces in garages and 283 spaces with covered carports for a
total of 331 covered spaces, and 149 uncovered spaces for a total of 480 spaces.
A variance (VAR-08-002) for a reduction in the number of covered parking spaces from 360 to
299 was previously approved for this site. The applicant now proposes to increase the number of
covered parking spaces to 331 which is still consistent with the reduction approved with the
variance.
PAGE 4
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The request is for a modification to the CUP approved for the Regency at River Valley apartment
project. The CUP approved amulti-family development consisting of 204 apartment units within
(9) three-story buildings, 7 garages, a clubhouse, swimming pool and hot tub area, a putting
green, several gazebos, and entry water feature, pathways, extensive landscaping, and a
playground area. The gross density approved for the multi-family portion of the site is 17.86
dwelling units per acre.
Modifications to the existing Development Agreement (DA) to accommodate the changes
proposed to the CUP are proposed under a separate application to be heard by City Council on
October S"'. Staff anticipates the DA modification will be acted upon by Council prior to the
Commission hearing on the subject application. If the Council does not act on the modification
request then subject application will be continued until favorable Council action occurs. If the
Council denies the modification request, then the subject application cannot move forward as it
would be contrary to the recorded Development Agreement.
Site/Landscape Plan: The applicant has submitted a revised site plan that depicts an increase in
the number of units from 204 to 240; an increase in the building height from 3 to 4 stories; a
decrease in the number of buildings from 9 to 8; a reduction in the number of gazebos around the
pool area from 5 to 4 (one of the gazebos was previously proposed to have restrooms and a
changing area which are now proposed to be incorporated into the clubhouse); an increase in the
number of garages from 7 to 8; the removal of the billiards/game room in the clubhouse; and
replacement of the entry water feature with a bronze statue (see Exhibit A.2). The gross density is
proposed to increase from 17.86 to 22.72 dwelling units per acre consistent with the zoning (R-
40) and comprehensive plan land use designation (MU-RG) for this property (see Section VII
above for more information).
Along the west property boundary adjacent to Parcel #51104234102 no buffer is shown on the
site/landscape plan. Per UDC 11-3B-8C.la, a minimum 5-foot wide landscape buffer is required
adjacent to driveways and shall be planted with one tree per 35 linear feet and shrubs, lawn, or
other vegetative groundcover in accord with the standards listed in UDC 11-3B-8C. Alternative
Compliance in accord with UDC 11-SB-S may be requested for the landscaping (trees) within the
buffer if an easement exists or is proposed that prohibits planting of trees in this area.
Parking: A variance (VAR-08-002) to UDC Table 11-3C-6 was approved for a reduction in the
number of covered parking spaces required to be provided for this development from 360 to 299.
With the increase in the number of dwelling units proposed with this application, the revised site
plan depicts 331 covered parking spaces which is 81 spaces under the required amount. Because
covered parking is not allowed within the Irrigation District's easement along the north boundary
of the site where the South Slough is located, it's not feasible for the applicant to provide
additional covered parking. Therefore, staff recommends the applicant provide a minimum of 331
covered parking as shown on the site plan.
Clubhouse: The applicant proposes a new floor plan and building elevations for the clubhouse
(see Exhibit A.3). The two different elevations shown in Exhibit A.3 are the same building;
building materials are proposed to match those of the apartments. The development agreement
requires a minimum 4,805 square foot clubhouse and 755 square foot cabana consisting of
restrooms & a changing area to be built on the site. The clubhouse is proposed to decrease in size
to approximately 4,536 square feet and include the restrooms and changing area originally
proposed in a separate cabana (gazebo). Four gazebos are still proposed around the pool area but
the cabana previously containing the restrooms and changing area is proposed to be eliminated.
PAGES
Other than the aforementioned changes, the clubhouse will have the same features as previously
approved.
Staff supports the proposed changes to the floor plan and elevations but recommends the building
materials be consistent with those of the apartment buildings in accord with the Meridian Design
Manual.
Fencing: A 6-foot tall chain link fence is required to be constructed along the north property line
adjacent to the South Slough per requirement of the DA. Because the South Slough has been tiled
there is no longer a need or UDC requirement for the fence. Therefore, the applicant requests
approval to remove this requirement. Planning and Parks Department staff are supportive of the
applicant's request as the UDC does not require fencing unless the waterway is open.
Pedestrian Bridge: A pedestrian bridge is required to be constructed across the South Slough at
the north boundary of the property as shown on the approved site plan per requirement of the DA.
Because the South Slough has been tiled, a bridge is no longer necessary. For this reason, the
applicant requests approval to remove this requirement. Planning and Parks Department staff are
supportive of the applicant's request provided a pedestrian pathway stub from the internal
pathway system to the north property boundary is constructed as shown on the site plan for
connectivity to a future multi-use pathway along the South Slough easement.
Emergency Access: The Fire Department requires an emergency access to the site to be provided
from a street other than River Valley. The current DA requires an emergency access to be
provided from Ally's Avenue, which is reflected on the previously approved plans. The applicant
now proposes an emergency access to the site via Eagle Road through the Great Wall Restaurant
property via an existing cross-access easement. The reason is Ally's Avenue will not connect
north to Ustick Road for an indeterminate time and will only connect to River Valley which does
not meet the Fire Department's requirements.
Staff is amenable to a temporary emergency access to the site via Eagle Road; however, once
Ally's Avenue is constructed from River Valley to Ustick Road, staff recommends emergency
access solely be provided from Allys and the emergency access via Eagle Road terminate. The
existing access to Eagle Road for the Great Wall property is only temporary and will terminate
once access is available via River Valley when the properties to the south develop.
The access to Ally's shall be constructed prior to issuance of Certificate of Occupancy but maybe
gated until such time as Allys is extended to the north and connects to Ustick Road. The site plan
submitted with the Certificate of Zoning Compliance application shall be revised to reflect
emergency access only to Ally's.
Specific Use Standards: The specific use standards for multi-family developments listed in UDC
11-4-3-27 apply to development of this site. The applicant will be required to submit a site plan
that demonstrates compliance with those standards with the Certificate of Zoning Compliance
application for the proposed use.
X. EXHIBITS
A. Drawings
1. Vicinity Map
2. Site/Landscape Plan (Approved & Proposed)
3. Building Elevations of Apartments (Approved & Proposed)
4. Building Elevations & Floor Plans of Clubhouse (Approved & Proposed
5. Table Showing Unit Mix of Apartments
PAGE 6
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
C. Required Findings from Unified Development Code
PAGE 7
Exhibit A.1: Vicinity Map
PAGE8
Exhibit A2: SitelLandscape Plan (Approved & Proposed)
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PAGE9
Exhibit A.3: Building Elevations of Apartments (Approved & Proposed)
~3rigirral Approved Buikding Elevation
Praposed Bui9ding Eteva2ia,n
PAGE 10
Exhibit A.4: Building Elevations & Floor Plans of Clubhouse (Approved & Proposed)
~In~ol App
ierlcV .!S !'~IbPC V3(I@Y AoaRn
Prnp~,sed C;lut)h0use
• 24-hour fitness center with
the latest in Personal Fitness
Equipment.
• Play room accessed only
through the fitness center
which allows children to 6e
seen and heard while their
guardians use the facility.
• Private tanning room for
tenant use.
• Game room features a custom
billiards table.
• Cyber-cafe with computer,
printers and wireless access
for personal laptops.
• Professionally designed and
decorated.
PAGE I 1
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VaCley
4,536 sq. ft.
PAGE 13
Exhibit A.5 -Table Showing Unit Mix of Apartments
Outside walls S.F
Unit S. F.
Deck /Patio S.F.
Breezeway S.F.
Storage Closet S.F.
Total S. F.
The Regency at River Valley
Unit Mix
Non-Executive
3 Bed S 2 Bed S 2 Bed M 1 Bed S 1 Bed M Executive
2 Bed Ex. S 1 Bed Ex. S 1 Bed Ez. M
1197 1024 931 828 732 1089 821 791
1162 998 907 778 707 1071 793 777
69 69 67 84 67 84 84 81
134 134 134 134 134 136 136 136
10 10 10 0 0 SO 0 0
1375 1211 1118 996 908 1301 1013 994
Non-Executive
2 Bed M
246244
Executive
1 Bed 5 1 Bed M 2 Bed Ex. 5 1 Bed Ex. S 1 Bed Ex. M Total p of units
4 32
4 32
# of Blgs. Building Letter 3 Bed S
1 A _-_
1 6
i E
1 H
7.5 Total
Total !t of 1,2,3 Beds
38ed5
2 bed 5
2 bed M
1 Bed S
1 Bed M
2 Bed Ez. S
1 Bed Ex. S
1 Bed Ex. M
w
- - i ~ - --
12 16 4 16
36 100 12 32 12 24 16 8 240
36 136 68 240
36 16% 16%
100 42% 47%
12 5%
32 13% 18%
12 5%
24 10% 10%
16 7% 10%
8 3%
Z40 100% 700%
PAGE 14
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 The applicant shall comply with all previous conditions of approval for this site (AZ-08-003;
CUP-08-004; VAR-08-002; PS-08-004; and Development Agreement Instrument No.
108131099).
1.2 The site/landscape plan depicted in Exhibit A.2, dated September 24, 2010, shall be revised as
follows and included in the amended development agreement:
a. Depict an emergency access only to Ally's Avenue as required by the Fire Department in
accord with their standards. The access shall be gated until such time as Ally's is extended to
the north and connects to Ustick Road.
b. Correct the number of units shown on each of the buildings as they do not match the
calculations submitted by the applicant included in Exhibit A5.
c. Include detailed parking calculations (i.e. required spaces, provided spaces, covered spaces,
garage spaces, uncovered spaces).
d. The covered parking spaces that are proposed over the sewer easement for the future sewer
trunk main shall be relocated on the site, preferably on either side of the parking for the
clubhouse in front of Buildings A and H. Additionally, the entry feature shall not be located
within the easement or replacement work area.
e. Provide a minimum 5-foot wide landscape buffer along the west property boundary adjacent
to the driveway that abuts parcel #S1104234102 in accord with UDC 11-3B-8C.la. The
buffer shall be planted with one tree per 35 linear feet and shrubs, lawn, or other vegetative
groundcover in accord with the standards listed in UDC 11-3B-8C. Alternative Compliance in
accord with UDC 11-SB-S may be requested for the landscaping (trees) within the buffer if
an easement exists or is proposed that prohibits planting of trees in this area.
1.3 .The applicant shall comply with the specific use standards listed in UDC 11-4-3-27 for multi-
family developments. The applicant shall submit a site plan that demonstrates compliance with
these standards with the Certificate of Zoning Compliance application for the proposed use.
1.4 A temporary emergency access to the site shall be provided in accord with Fire Department
standards via Eagle Road through across-access easement on the Great Wall property (Parcel
#51104233802). Once Ally's Avenue is constructed north from River Valley and connects to
Ustick Road, emergency access shall be solely provided from Allys Avenue and the emergency
access to Eagle Road shall terminate. The access to Allys shall be depicted on a revised site
plan submitted with the Certificate of Zoning Compliance application.
1.5 Prior to commencement of the proposed use, the applicant shall be required to submit a
Certificate of Zoning Compliance application to the Planning Department for this site that
complies with the conditions contained herein.
1.6 No signs are approved with this application. The applicant shall submit a sign permit application
in accord with the standards listed in UDC 11-3D for approval of any future signs on this site.
1.7 An amendment to the DA shall be approved by City Council and recorded prior to submittal of a
Certificate of Zoning Compliance application for this site. The site/landscape plan included in the
amended DA shall incorporate revisions to the plan as required above in condition of approval
1.2.
1.8 Building materials for the clubhouse shall be consistent with those of the apartment buildings in
accord with the guidelines in the Design Manual.
PAGE I S
1.9 The applicant shall have a maximum of 18 months to commence the use as permitted in accord
with the conditions of approval listed above. If the use has not begun within 18 months of
approval, a time extension shall be requested in accord with UDC 11-SB-6F prior to expiration. If
a time extension is not requested or granted and the CUP expires, a new conditional use permit
must be obtained prior to commencement of the use.
1.10 Staffs failure to cite specific ordinance provisions or terms of the approved conditional use does
not relieve the applicant of responsibility for compliance.
2. PUBLIC WORKS DEPARTMENT
2.1 The applicant will need to comply with the previously approved conditions of approval for
AZ-08-003 for Regency at River Valley (Revised).
2.2 Public Works request's that no carports or entry features be directly located within the easement
or replacement work area for the future sewer trunk main conditioned to be incorporated within
this project.
3. FIRE DEPARTMENT
3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and
water quality by the Meridian Water Department for bacteria testing.
3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in
accordance with International Fire Code Section (IFC) 508.5.4 as follows:
a. Fire hydrants shall have the 4 ''/z" outlet face the main street or parking lot drive aisle.
b. Fire hydrants shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
£ Fire hydrants shall be placed 18" above finished grade to the center of the 4 ''/z" outlets.
g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
3.3 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and
48' outside, per International Fire Code Section 503.2.4.
3.4 Provide signage ("No Parking Fire Lane") for all fire lanes at entrances in accordance with
International Fire Code Sections 503.4 & D103.6.
3.5 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a
vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1.
3.6 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather
surface are required to be installed before combustible construction material is brought onto the site,
as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J.
3.7 Commercial and office occupancies will require afire-flow consistent with International Fire
Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C.
PAGE 16
3.8 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in International
Fire Code Section 304.3.3. Dumpster/compactor will require special approval from the Fire
Department prior to submittal of Certificate of Zoning Compliance application.
3.9 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire
Code Section 506.
3.10 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in
International Fire Code Section 505.1.
3.11 All portions of the buildings located on this project must be within 150' of a paved surface as
measured around the perimeter of the building as set forth in International Fire Code Section
503.1.1.
3.12 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official as set forth in International Fire
Code Section 508.5.1. For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall
be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183
m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet
(183 m).
3.13 All R-2 occupancies with 3 or more units shall be required to be fire sprinkled as set forth in
International Fire Code Section 903.2.7.
3.14 There shall be a fire hydrant within 100' of all fire department connections as set forth in local
amendment to the International Fire Code 10-4-2L.
3.15 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets.
3.16 Buildings over 30' in height are required to have access roads in accordance with the International
Fire Code Appendix D Section D105.
3.17 Emergency response routes and fire lanes shall not be allowed to have speed bumps as set forth in
International Fire Code Section 503.4. & National Fire Protection Standard 1141, Section 5.2.18.
3.18 As set forth in International Fire Code Section 504.1, multi-family and commercial projects shall be
required to provide an additiona160' wide access point to the building from the fire lane to allow for
the movement of manual fire suppression equipment and gurney operations. The unobstructed breaks
in the parking stalls shall be provided so that building access is provided in such a manner that the
most remote part of a building can be reached with a length of 150' fire hose as measured around the
perimeter of the building from the fire lane. Code compliant handicap parking stalls maybe included
to assist meeting this requirement. Contact the Meridian Fire Department for details.
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to the site design submitted with the application.
PAGE 17
5. SANITARY SERVICES
5.1 Prior to submittal of a Certificate of Zoning Compliance (CZC) application to the City of Meridian
Planning Department, the applicant shall submit a scaled site plan and detail of the trash enclosure to
Doug Mason, SSC (888-3999) that demonstrates compliance with the following items:
a. Suitable waste enclosure locations (enclosures should be located to minimize service vehicle
back-up requirement)J;
b. Sufficient overhead clearance height for service vehicles (a minimum 13' clearance is required,
including power and telecommunication lines; this requirement increases to 22' at container
service locations);
c. Ample number and size of waste receptacles/enclosures to meet waste generation points and
volumes;
d. Adequate waste enclosure access (the applicant shall provide drive-on capability for 6 and 8
cubic yard containers; allow a minimum of 60' frontal clearance);
e. Adequate turning radius (provide a minimum 28' inside and 48' outside for all entrances,
internal roads, drive aisles, alleys, and private streets where they intersect a public street);
£ Any roadway greater than 150 feet in length that is not provided with an outlet shall be
required to have an approved turn around.
g. Meets design standards for waste enclosure(s):
i. Concrete pad for the waste enclosure (required for all enclosures);
ii. Concrete apron in front of waste enclosure (minimum 8' in depth)
iii. Gate locks for the waste enclosure for both open and closed positions;
iv. Clearance inside waste enclosure gates (minimum 12' x 10' when in open position) Note:
If building tenant wishes to recycle, please contact Doug Mason, SSC at 888-3999 for
minimum dimensional requirements;
v. Bollards inside the enclosure to prevent the container from damaging the walls and gates;
vi. Waste enclosure user access (When possible, the enclosure should be designed with an
easy pedestrian access point other than the front gates to ensure less mess within the
enclosure as well as reduce gate damage);
6. ADA COUNTY HIGHWAY DISTRICT
ACHD had no comments on this application.
7. PARKS DEPARTMENT
7.1 Applicant shall construct the sidewalk along the north side of River Valley Street as a 10-foot
wide, multi-use pathway. A detached pathway is strongly preferred, pending approval by ACHD
and NMID. Applicant shall cover the cost of replacing the detached pathway if necessary due to
future irrigation facility maintenance.
5.1 Applicant shall construct the sidewalk along the west side of Ally's Avenue as a 10-foot wide
multi-use pathway.
5.2 Applicant shall construct a 5-foot wide minimum multi-use pathway through project, connecting
between River Valley Street and the north property boundary as shown on the site plan for
PAGE 18
connection with a future multi-use pathway along the South Slough easement. Applicant shall
maintain the 5-foot path section and sign it for public access.
5.3 All pathways, except as noted in these conditions of approval, shall be built to the minimum
standards published in the Comprehensive Parks & Recreation System Plan, pgs. 3-2 through 3-4,
sections B and C.
5.4 An easement shall be provided for public access to and maintenance of the pathways. The City
will not assume maintenance of the pathway until it connects from one major arterial road to
another, unless otherwise agreed to by the Parks & Recreation Department.
PAGE 19
C. Required Findings from Unified Development Code
1. Conditional Use Permit (UDC 11-SB-6E)
The Commission and Council shall review the particular facts and circumstances of
each proposed conditional use in terms of the following, and may approve a conditional
use permit if they shall find evidence presented at the hearing(s) is adequate to
establish:
a. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
The Commission finds that if the site is designed according to the conditions of approval
in Exhibit B, the site will be large enough to accommodate the proposed use and meet
the dimensional and development regulations of the R-40 district and the multi-family
Specific Use Standards.
Note: The applicant previously obtained approval of a variance to the covered parking
standards in UDC 11-3C-6.
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan
and in accord with the requirements of this Title.
The Commission finds that the proposed multi-family residential use in the proposed R-
40 zone will be harmonious with and meet the objectives of the Comprehensive Plan.
c. That the design, construction, operation and maintenance will be compatible with
other uses in the general neighborhood and with the existing or intended character
of the general vicinity and that such use will not adversely change the essential
character of the same area.
The Commission finds that the proposed multi-family development is compatible with
other uses in the general area and will not adversely change the character of the area.
d. That the proposed use, if it complies with all conditions of the approval imposed,
will not adversely affect other property in the vicinity.
The Commission finds that the proposed development should not adversely affect other
property in the vicinity if the applicant complies with all conditions of approval listed in
Exhibit B of this staff report and constructs all improvements and operates the use in
accordance with the UDC standards.
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection,
drainage structures, refuse disposal, water, and sewer.
The Commission finds that sanitary sewer, domestic water and irrigation can be made
available to the subject property. Please refer to comments prepared by the Public Works
Department, Fire Department and other agencies.
PAGE 20
f. That the proposed use will not create excessive additional costs for public facilities
and services and will not be detrimental to the economic welfare of the community.
The Commission finds that the applicant will pay to extend the sanitary sewer and water
mains into the site. No additional capital facility costs are expected from the City. The
applicant and/or future property owners will be required to pay highway impact fees.
g. That the proposed use will not involve activities or processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property or the
general welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare or odors.
The Commission finds that the proposed development will not involve uses that will
create nuisances that would be detrimental to the general welfare of the surrounding area.
The Commission recognizes the fact that traffic and noise will increase with the approval
of this development; however, the Commission does not believe that the amount
generated will be detrimental to the general welfare of the public.
h. That the proposed use will not result in the destruction, loss or damage of a natural,
scenic or historic feature considered to be of major importance.
The Commission finds that the proposed development will not result in the destruction,
loss or damage of any natural feature(s) of major importance.