REV Staff Report 1/51~ s
Item #4.D: Silver Oaks Apartments (CUP-10.014)
Application(s):
- CUP for amulti-family development consisting of 369 dwelling units
- Development agreement modification to nullify fhe existing DA and approve a new DA based on the new development.
(City Council is the decision making body on this application.)
Size of property, existing zoning, and location: This site consists of 24.61 acres, is currently zoned R-15, and is located north of
W. Franklin Road, approximately'/4 mile west of N. Ten Mile Road.
Adjacent Land Use & Zoning:
North: UPRR, zoned R-15 and vacant land, zoned R-8
South: Vacant land, zoned L-0
East: Church and vacant land, zoned C-N & C-G respectively
West: Rural residential/agricultural property, zoned RUT in Ada County
History: This property was annexed in 2005 with a DA and platted with (1) large multi-family lot (the subject property) & (1)
commercial office building lot (to the south). ACUP/planned development was approved for amulti-family development consisting
of 4-plex structures w/280 units. A time extension was later approved that included a new design concept w/row houses &
condominiums. A subsequent CUP modification changed the development plan back to 4-plex structures with the addition of 12-
plex and 16-plex structures. Infrastructure consisting of sewer, water, utilities, storm drainage, gravel road base and some concrete
work exists on the site.
Summary of Request: CUP approval of amulti-family development consisting of (25) two & three story structures with 92 one-
bedroom units, 185 two-bedroom units, and 92three-bedroom units for a total of 369 units on 24.61 acres of land at a density of
14.99 diu per acre. A total of 5.62 acres (or 22% of the site) of open space is proposed along with the following amenities: a 2,931
s.f. clubhouse, 1,404 s.f. fitness center, pool/spa, tennis court, picnic area, playground, community garden, and pathways. Surface
parking (covered & uncovered) & 8 parking garages are proposed in accord with UDC standards.
There are 2 different elevations proposed for each building type with variations in architecture, roof design, color, and construction
materials for variety. Construction materials consist of a variety of siding materials including, board & batten, lapped cement board,
and shake siding with stone veneer accents and composition asphalt shingles. Each elevation incorporates 3 different types of
materials for variety. A total of 3 different color combinations are proposed for the structures. Design review approval has been
granted by staff for the proposed structures and site design.
The site plan depicts a stub street (W. Perugia Street) to the Kennedy Lateral at the west property boundary for future extension, in
compliance with the Ten Mile Interchange Specific Area Plan which designates a collector street through this site. A road trust
exists w/ ACHD for half the cost of construction of a bridge across the Kennedy Lateral, as required by the DA.
Comprehensive Plan Designation: Medium High Density Residential (8-15 units/acre) Compliance wlComp Plan? Yes
Compliance with UDC? Yes
Written Testimony: Steve Moore, Ten Mile Christian Church; Becky McKay, applicant's representative (response to the staff
report)
Staff Recommendation: Approval w/the conditions and DA provisions in the staff report. Staff recommends DA provision 1.1.b
be stricken, as a waiver to the the Kennedy Lateral was previously approved with the final plat for Umbria Sub.
-Note: Because a development agreement modification is requested concurrently with the CUP application, the
Commission is only a recommending body on this application; City Council is the ffnal decision making body.-~
Notes:
STAFF REPORT
HEARING DATE: January 6, 2011 E IDIAN~--
TO: Planning & Zoning Commission I D A H O
FROM: Sonya Watters, Associate City Planner
208-884-5533
SUBJECT: CUP-10-014; MDA-10-011 -Silver Oaks Apartments
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Silver Oaks Apartments, LLC, has applied for conditional use permit (CUP) approval
of amulti-family residential development consisting of 369 dwelling units on 24.61 acres of land in
an R-15 zoning district.
A modification to the development agreement (MDA) is also proposed for a new development
agreement (DA) and nullification of the current DA based on the new development proposed with the
subject application. See Section 10, Analysis, for more information.
The applicant applied for administrative design review (DES-IO-OSO) approval of the site and
structures concurrently with the CUP and MDA applications. Staff has approved the design review
application.
II. SUMMARY RECOMMENDATION
Staff is recommending approval of the CUP and MDA applications with the conditions and DA
provisions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit C of
the Staff Report.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to recommend approval of File
Number CUP-10-014, as stated in the staff report for the hearing date of January 6, 2011, with the
following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to recommend denial of File
Number CUP-10-014, as presented during the hearing date on January 6, 2011, with the following
modifications: (Add any proposed modifications.)
Continuance
I move to continue File Number CUP-10-014 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located on the north side of W. Franklin Road, approximately '/ mile west of N. Ten
Mile Road, in the southeast '/ of Section 10, Township 3 North, Range 1 West.
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B. Owner(s):
Ten Mile Development, LLC
1409 N. Main Street
Meridian, ID 83642
C. Applicant:
Silver Oaks Apartments, LLC
1409 N. Main Street
Meridian, ID 83642
D. Representative:
Becky McKay, Engineering Solutions, LLP
1029 N. Rosario Street
Meridian, ID 83642
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. A public hearing is required before the
Planning & Zoning Commission and City Council on this matter, consistent with Meridian City
Code Title 11, Chapter 5.
B. The subject application is for a development agreement modification. A public hearing is required
before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5.
C. Per UDC 11-SA-2E, because this project consists of concurrent applications requiring action from
more than one decision making body, the City Council shall make the final decision on both the
conditional use permit and the development agreement modification.
D. Newspaper notifications published on: December 20, 2010, and January 3, 2011
E. Radius notices mailed to properties within 300 feet on: December 9, 2010
F. Applicant posted notice on site by: December 22, 2010
VI. LAND USE
A. Existing Land Use(s) and Zoning: This site is currently vacant; the property is currently zoned R-
15.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site lies within a
developing area of the City and with the Ten Mile interchange opening, we anticipate additional
development in the future.
North: UPRR, zoned R-15 and vacant land, zoned R-8
South: Vacant land, zoned L-O
East: Church and vacant land, zoned C-N & C-G respectively
West: Rural residentiaUagricultural property, zoned RUT in Ada County
C. History of Previous Actions:
- In 2005, the subject 28.6 acre property was granted Annexation and Zoning (AZ-OS-016)
approval by City Council with R-15 & L-O zoning districts. A Development Agreement was
approved with the annexation (Instrument No. 106002636). Concurrently, a preliminary plat
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(PP-OS-023) consisting of 1 large multi-family residential building lot and 1 commercial
office building lot was approved. A conditional use permit (CUP-OS-026) for a planned
development consisting of 70 multi-family 4-plex structures containing a total of 280 units
with a private clubhouse, park, and pathways. A waiver of the minimum lot frontage
requirement for the L-O zoned commercial property was also approved.
Initially, one building elevation and floor plan was approved with the CUP/PD which
consisted of two and three bedroom units of 1,030 square feet and 1,185 square feet
respectively. That building elevation and site plan is no longer valid; the building elevations
and site plan approved with the time extension in 2008 replaced the former plans.
- On March 21, 2006, a final plat (FP-06-011) was approved by City Council consisting of 1
multi-family residential building lot, 1 commerciaUoffice building lot, and 1 common lot on
28.65 acres. This plat has been recorded.
- In 2007, the Planning Director approved a one year time extension (TE-07-004) to record the
final plat and commence the use approved with the CUP. As conditions of approval, the
applicant was required to convert the drive aisles proposed to serve the multi-family portion
of the development to private streets and provide two parking spaces per dwelling unit in a
carport or garage in compliance with current UDC standards for multi-family developments.
- On April 3, 2007, tentative approval for private streets (PS-07-003) within this development
was granted subject to several tasks being completed within a one year time period. However,
because the tasks were not completed within the required time period, final approval was not
granted and the approval has expired.
- In 2008, a second time extension (TE-08-003) for 18 months was granted by City Council to
record the final plat and commence the use approved with the CUP, to expire on October 15,
2009. With the time extension request, the applicant at that time, proposed a site plan
consistent with the previously approved plan but with condominiums instead of 4-plex
structures with rental units. The site plan called out three specific "neighborhood" areas with
a certain number of units and architectural style and colors for each area to provide a variety
of architectural styles within the development. Three types of building designs were
proposed, "Mediterranean," "Prairie," and "Cape Cod" with three different variations within
each of those designs for a total of 9 different looks within the project. A total of four
different floor plans were proposed. The City Council strongly favored the revised plans in
comparison to those approved originally. As a condition of approval of the time extension,
the applicant was required to develop the site consistent with the concept plan and building
elevations submitted with the application. These revised elevations, floor plans, and site plan
were included in the existing CUP and replaced the original site plan, floor plan, and
elevation approved in 2005; the original site plan, floor plan, and elevations are no longer
valid.
- In 2009, a modification to the conditional use permit (MCU-09-002) was approved to modify
the building elevations and site plan approved with the previous time extension.
D. Utilities: Public Works:
a. Location of sewer: Extensions of mains have been installed from W Franklin Road by the
developer. Theses onsite mains have not been inspected or approved by Meridian Public
Works. The Developer will need to re-test all existing sewer mains at the developer's
expense.
b. Location of water: Extensions of mains have been installed from W Franklin Road by the
developer. Theses onsite mains have not been inspected or approved by Meridian Public
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Works. The Developer will need to re-test all existing sewer mains at the developer's
expense.
c. Issues or concerns: Any existing service or easement not utilized within this development
shall be removed or abandoned.
E. Physical Features:
1. Canals/Ditches Irrigation: The Kennedy Lateral runs along the west boundary of this site.
2. Hazards: Staff is not aware of any hazards that exist on this site.
3. Flood Plain: This property does not lie within a flood plain or floodway.
VII. COMPREHENSIVE PLAN
The subject property is located in the area subject to the Ten Mile Interchange Specific Area Plan
(TMISAP). The Future Land Use Map (FLUM) contained in the TMISAP designates the property as
Medium High Density Residential (MHDR).
Per the TMISAP (page 3-6), MHDR areas are locations recommended primarily for relatively dense
multi-family housing types, such as row houses, townhouses, condominiums, and apartment buildings
and complexes. MHDR areas should include a mix of housing types with densities ranging from 8-15
units per acre.
The applicant proposes to develop the site primarily with apartments and some duplexes. Five
different residential building types are proposed for a variety of housing possibilities consisting of
2story 12-plex, 3 story 18-plex, 2 story 16-plex, 3 story 24-plex, and duplex/garage structures. A
gross density of 14.99 dwelling units per acre is proposed consistent with the MHDR land use
designation for this property.
Staff reviewed the recommended design elements for MHDR designated areas in the TMISAP and
found the following transportation and design elements apply to this development: (staff analysis of
compliance with these elements is included in italics)
The proposed street network shown on the FLUM (pg. 3-16) depicts a collector road running
through this site from Franklin Road to the northwest boundary. Because improvements have
been made to this site based on the previous layout approved in 2005 before adoption of the
TMISAP, it is not feasible to construct the collector street in the location shown on the land use
map. However, W. Perugia Street can serve as the collector as shown on the site plan and should
be constructed to ACHD standards as a collector street and stub to the west property boundary
as shown on the site plan. A road trust exists with ACHD for half the cost of construction for a
bridge over the Kennedy Lateral.
• All multi-family residential off-street parking should be located at the rear of the lot (pg. 3-27).
As stated above, the original development was approved prior to approval of the TMISAP.
Therefore, the site was not designed in accord with this element and it's not feasible at this point
to require the site be re-designed to accommodate parking at the rear of the structures.
• Usable porches should be a dominant element of residential buildings and should be located along
at least 30% of the front facade of the buildings. A higher percentage is recommended as is the
location of porches on one or more side facades as well (page 3-33). Front and rear porches are
depicted on the building elevations for all units; however, they are not located along at least 30%
of the front facade of the buildings as desired.
• Development should incorporate a human scale design through continuity of building sizes, how
the street-level and upper-level architectural detailing is treated, roof forms, rhythm of windows
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and doors, and general relationship of buildings to public spaces such as streets, plazas, other
open spaces, and public parking (page 3-34). The proposed elevations and site design provide
interest at different scales, including pedestrian scale.
All residential neighborhoods should be developed in consideration of traditional neighborhood
design principals and concepts and the standards established by the City of Meridian for the
Traditional Neighborhood Residential District. Residential neighborhoods should incorporate
basic fundamental principals found in traditional neighborhood designs such as mixed housing
stock, architecture and design, streetscapes, and streets (page 3-36). The applicant is proposing a
mix of residential housing types consisting of 2 story 12 Alex, 3 story 18 Alex, 2 story 16 Alex, 3
story 24 Alex, and 16 Alex multi family structures with 1, 2, and 3 bedroom units; and 2 story
duplexes over garages consisting of 2 bedroom units which will allow residents to move to
different types of housing within the same neighborhood. The gross density of the development is
14.99 dwelling units per acre, which is consistent with the density of 8-1 S dwelling units per acre
desired in traditional neighborhood areas. A community center complex consisting of a
clubhouse, court area, playground, fitness center, swimming pool/spa, and pedestrian walkways
are proposed within the development to encourage common use and gathering.
Primary building facades should be designed and detailed so that they represent the building's
most important elevation and include an entry into the building. Entries should be located so that
they provide direct access from adjacent public spaces, streets, and activity areas. Access from
sidewalks and pathways should be uninterrupted by vehicular traffic. The space between a
building facade and the adjacent sidewalk or walkway should be appropriately landscaped with a
combination of lawns, groundcover, shrubs, and appropriate trees (page 3-38). The proposed
elevations & site plan comply with this design element. The landscape plan depicts lawn and
some trees between the building facades and the adjacent sidewalk but does not include
groundcover or shrubs as desired. Landscaping should be provided as stated above.
• Low rise buildings of 2-4 stories are recommended (page 3-38). The proposed two- and three-
story structures are consistent with this element.
• Pitched roofs are recommended and should be, where possible, symmetrical hips or gables, with a
pitch between 4:12 and 12:12. All pitched roofs should have an overhang of at least 12 inches.
The overhang can extend to a maximum of 2 %2 feet beyond the facade of the building. Roof
brackets and rafter tail treatments are encouraged (page 3-41). The proposed elevations depict
pitched roofs with overhanging eaves.
• Public art should be incorporated into the design of the development. Developers are encouraged
to collaborate with artists to generate creative design solutions in any development project. Art
should be easily visible to the public (e.g. on the exterior of buildings or visible from the street or
publicly accessible open spaces). There is no public art proposed with this development.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: 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.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-21ists the permitted,
accessory, conditional, and prohibited uses in the R-15 zoning district. The proposed multi-family
development is listed as a conditional use in the R-15 zoning district. The specific use standards
listed in UDC 11-4-3-27 for multi-family developments apply to development of this property.
Page 5
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2A-7 for the R-15
zoning district apply to development of this site.
D. Landscaping Standards (UDC 11-3B):
1. Width of street buffer(s): NA (A street buffer is not required in the R-1 S zoning district
adjacent to local streets (i. e. W. Perugia Street)
2. Width of buffer(s) between land uses: NA
3. Percentage of site as open space: 22.84% or 2.46 acres
4. Tree Preservation: NA
E. Design Review: Per UDC 11-SB-8B.2, administrative design review of the site and proposed
multi-family residential structures is required in accordance with the standards listed in UDC 11-
3A-19, the guidelines in the City's Design Manual, and the recommendations in the Ten Mile
Interchange Specific Area Plan.
F. Open Space and Site Amenities:
• A minimum of 2.24 acres (97,450 square feet) of common open space is required to be
provided for this development in accord with UDC 11-4-3-27C. The applicant proposes
5.62 acres (22%) of qualified open space in compliance with this requirement.
• In accord with UDC 11-4-3-27D.2, a minimum of 4 amenities are required to be provided
on the site. Amenities proposed with this development include a clubhouse, fitness
center, pool/spa, tennis court, playground, community garden, pathways, and picnic
area, in compliance with this requirement.
G. Off-Street Parking Standards: UDC Table 11-3C-6 requires multi-family dwellings with one
bedroom to provide (1.5) parking spaces per dwelling unit; at least (1) in a covered carport or
garage. Two and three bedroom units are required to provide (2) spaces per dwelling unit in a
covered carport or garage. Based on (92) one-bedroom units; (17S) two-bedroom units; and (92)
three-bedroom units, a minimum of 626 covered carport or garage spaces and 46 other spaces
are required. (The single unit above the clubhouse is figured into these calculations.)
Duplex dwellings with two, three, or four bedrooms are required to provide at least (4) spaces per
dwelling unit; at least (2) in an enclosed garage; other spaces maybe enclosed or a minimum 10
foot by 20 foot parking pad. Based on (10) two-bedroom duplex units, a minimum of 20 spaces
are required to be provided in an enclosed garage along with 20 other spaces.
The off-street parking requirement for non-residential uses is one space for every 500 square feet
of gross floor area. The proposed clubhouse consists of 2, 931 square feet and the fitness center
consists of 1,404 square feet. Therefore, a minimum of (9) parking spaces are required to be
provided for these buildings.
One bicycle space is required to be provided for every 25 proposed vehicle parking spaces or
portion thereof per UDC 11-3C-6G in accord with the standards listed in UDC 11-3C-SC. Based
on 721 required parking spaces, a total of 29 bicycle spaces are required.
Based on the above calculations, 626 covered spaces, 20 enclosed garage spaces, and 75 other
spaces for a total of 721 are required to be provided on the site.
The data shown on the parking plan and the site plan for the number of units in each of the
proposed building types do not appear to coincide. Staff has calculated the parking requirements
based on the dwelling unit data shown on the site plan. (It doesn't appear the clubhouse and
fitness center were included in the calculations on the parking plan. If not, the proposed parking
Page 6
appears to meets UDC requirements.)
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
Conditional Use Permit (CUP): The applicant proposes to develop the subject property with
a multi-family residential development consisting of 369 dwelling units on 24.61 acres of
land. Twenty five (25) two and three story structures are proposed consisting of (92) one-
bedroom units, (185) two-bedroom units, and (92) three-bedroom units. A 2,931 square foot
clubhouse is proposed along with a 1,404 square foot fitness center. Surface parking and 8
parking garages are also proposed.
The gross density of the proposed development is14.99 dwelling units per acre, consistent
with the medium high density residential comprehensive plan future land use map
designation for this property.
This project is proposed to be constructed in three phases as shown on the landscape plan
included in Exhibit A.3. The courts, playground, spa/pool, clubhouse and fitness center
should all be constructed with the first phase of development as shown on the phasing plan.
Building Elevations: The proposed residential structures consist of (5) building types as
follows: Building 1- (5) two-story structures with 12 units; Building 2 - (5) three-story
structures with 18 units; Building 3 - (4) two-story structures with 16 units; Building 4 - (6)
three-story structures with 24 units; and Building 5 - (5) two story duplex structures with
garages. A clubhouse is proposed with a manager's unit on the second floor. A fitness center
is also proposed.
Two different building elevations are proposed for each building type with variations in
architecture, roof design, color, and construction materials for variety.
Construction materials for structures are proposed to consist of a variety of siding materials
including, board and batten, lapped cement board, and shake siding with stone veneer accents
and composition asphalt shingles. Each elevation incorporates three different types of
materials for variety. A total of three different color combinations are shown for the
proposed structures. (Note: Vinyl is prohibited as a finish material but may be allowed as
accent material in accord with UDC 11-3A-19A.2 and the Meridian Design Manual.)
The applicant has submitted (1) floor plan for Building Types 1 and 2; (1) floor plan for
Building Types 3 and 4; (1) floor plan for Building Type 5; (1) floor plan for Building Type
6; and (1) floor plan for the clubhouse and fitness center.
Specific Use Standards: Staff has reviewed the specific use standards for multi-family
developments listed in UDC 11-4-3-27 in regard to site design, common open space design,
site development amenities, architectural character, and landscaping requirements and found
the proposed development to be in general compliance with these standards with the
following comments:
• The directory and map of the development should be relocated at the entrance to the
development in accord with 11-4-3-27B.7.
• Per UDC 11-4-3-27G, 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.
Page 7
• Comply with the requirements listed in UDC 11-4-3-27F. 2 for landscaping along the
foundation of all street facing elevations.
Multi-Use Pathway: Amulti-use pathway is not designated on the City's Master Pathways
Plan for this site.
Open Space & Site Amenities: As noted above in Section VIII.F, the site complies with the
open space and site amenity requirements listed in UDC 11-3G-3A.
Waterways: The Kennedy Lateral is a large waterway that runs along the west boundary of
this site. UDC 11-3A-6A requires the lateral to be piped or otherwise covered, unless waived
by City Council. The City Council may waive the requirement for covering the lateral if it
finds that the public purpose requiring such will not be served and public safety can be
preserved. Council may also waive this requirement for large capacity facilities.
Fencing: The landscape plan depicts a 6-foot tall chainlink fence along the entire eastern
boundary of the Kennedy Lateral easement as allowed by UDC I 1-3A-6B.3 to prevent access
to the waterway and preserve public safety.
Parking: Staff has included analysis on UDC requirements for off-street parking above in
Section VIII.G. The proposed parking appears to meet the standards specified in UDC 11-3C-
6 for multi-family developments and non-residential uses.
In order to approve a CUP, the Commission must base its determination on the CUP request
upon eight specific findings detailed in UDC 11-SB-6E. One of the findings requires the
proposed use to be harmonious with the Meridian Comprehensive Plan. Development in this
area of the City is governed by the Ten Mile Interchange Specific Area Plan. Please see
Section VIII above for Staff's analysis on compliance with the Plan to determine this finding.
2. Development Agreement Modification (MDA): Development of this property is currently
subject to the provisions of the DA approved with the annexation of this property in 2005.
Because a new development plan is proposed with this application, the applicant proposes a
new DA that would nullify the old agreement. As the density and design of the development
has changed significantly, staff is amenable to the applicant's request. Additionally, a new
DA would be consistent with the UDC as the old DA was approved under the old Meridian
City Code. Please see Exhibit B for staff's recommended DA provisions.
A provision of the existing DA requires the applicant to submit a road trust to ACHD for half
the cost of construction of a bridge over the Kennedy Lateral where Perugia Street stubs at
the west boundary of the site. Staff has verified that ACRD is holding a road trust from the
applicant for this future improvement. Because the TMISAP requires a collector street to be
provided on this property from Franklin Road to the property to the west, staff recommends
this provision be carried over into the new DA.
3. Design Review (DES): Because the applicant is applying for a CUP, administrative design
review is required concurrent with the CUP application in accord with UDC 11-SB-8C.1.
Applications for DES are required to comply with the design standards listed in UDC 11-3A-
19, the objectives of the guidelines contained in the City of Meridian Design Manual, and the
recommendations in the Ten Mile Interchange Specific Area Plan.
Staff has reviewed the application for compliance with the design standards listed in UDC
11-3A-19 pertaining to architectural character, color and materials, and pedestrian walkways,
and found the proposed plans to be in substantial compliance with those standards.
Page 8
Per UDC 11-SB-8D, in order to grant approval for an administrative design review, the
director shall determine that the proposed structure and/or site design conforms to the
standards and meets or exceeds the intent of the "City of Meridian Design Manual." Staff has
reviewed the application for compliance with the objectives of the City's Design Manual for
the urban/suburban and residential development contexts, and found the proposed
development in substantial compliance with those objectives.
Staff has reviewed the application for consistency with the TMISAP and included analysis
above in Section VII accordingly. Staff finds the proposed development to be in substantial
conformance with the recommendations of the Plan.
Therefore, staff has approved the applicant's request for administrative design review
approval.
X. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map & Aerial Map
2. Proposed Site Plan (dated: 12/1/10)
3. Proposed Landscape Plan (dated: 11/30/10)
4. Proposed Building Elevations (dated: 12/3/10)
5. Proposed Floor Plans (dated: 12/3/10)
6. Proposed Parking Plan (dated: 12/1/10)
B. Conditions of Approval
C. Findings of Fact and Conclusions of Law
Page 9
EXHIBIT A -DRAWINGS
1. Vicinity/Zoning Map & Aerial Map
Page 10
Page 11
1. Proposed Site Plan (dated: 12/1/10)
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Page 11
EXHIBIT B -AGENCY & DEPARTMENT COMMENTS
On December 16, 2010, Planning Staff held an agency comments meeting. The agencies and departments
present include: Meridian Fire Department, Meridian Public Works Department, Sanitary Service
Company, Meridian Parks Department, and Meridian Police Department. Staff has included all comments
and recommended actions in the attached Exhibit B.
1. PLANNING DEPARTMENT
1.1 Anew development agreement (DA) is required with the development agreement modification
application submitted for this property that shall nullify the existing agreement (Instrument No.
106002636). The DA shall be entered into between the City of Meridian, the property owner(s),
and the developer. The applicant shall contact the City Attorney's Office to initiate this process.
Said DA shall be signed by the property owner and returned to the City within one year of
the City Council granting approval of this application. The DA shall, at minimum, incorporate
the following provisions:
a. The western half of N. Umbria Hills Avenue lying on the subject property shall be
constructed in accord with ACHD standards with the first phase of development prior to
issuance of any Certificates of Occupancy.
b. The Kennedy Lateral, which lies along the west boundary of the site, shall be piped or
otherwise covered in accord with UDC 11-3A-6A, unless waived by City Council.
c. Development of this property shall be consistent with the site plan, landscape
plan/phasing plan, and building elevations shown in Exhibit A. The maximum number of
dwelling units shall be 369 as proposed with a gross density of 14.99 dwelling units per
acre, consistent with the Comprehensive Plan future land use map designation of medium
high density residential for this property.
d. Amenities such as the courts, playground, picnic area, spa/pool, clubhouse, and fitness
center shall be constructed with the first phase of development as shown on the landscape
plan/phasing plan.
e. 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
feature in accord with UDC 11-4-3-27G.
f. The space between the building facades and the adjacent sidewalk shall be landscaped
with a combination of lawn, groundcover, shrubs, and appropriate trees in accord with the
Ten Mile Interchange Specific Area Plan (page 3-38).
g. The landscape plan submitted with the Certificate of Zoning Compliance application
shall comply with landscaping requirements for multi-family developments listed in UDC
11-4-3-27F and general landscaping standards listed in UDC 11-3B.
h. Future development of this site shall comply with the specific use standards for multi-
family developments listed in UDC 11-4-3-27.
i. The applicant shall construct a stub street to the Kennedy Lateral and maintain the
existing road trust with ACHD for half the cost of construction of a bridge over the
Kennedy Lateral. The stub street and future bridge shall be constructed to ACHD
standards for a collector street in accord with the Ten Mile Interchange Specific Area
Plan.
Page 12
1.2 Site Specific Conditions of Approval -Conditional Use Permit
1.2.1 The applicant shall construct all proposed fencing and/or any fencing required by the UDC,
consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B.
1.2.2 The applicant shall provide a minimum of 5.62 acres of qualified open space as shown on the
site/landscape plan that complies with the standards set forth in UDC 11-3G-3.
1.2.3 At a minimum, the applicant shall provide the following amenities as shown on the site plan in
accord with the standards set forth in UDC 11-3G-3: clubhouse, fitness center, courts, pooUspa,
playground, picnic area, and pedestrian pathways.
1.2.4 The directory and map of the development shall be relocated at the entrance to the development
in accord with UDC 11-4-3-27B.7.
1.2.5 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site.
1.3 General Conditions of Approval -Conditional Use Permit
1.3.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC
Chapter 2 District regulations.
1.3.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
1.3.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11.
1.3.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-
15, UDC 11-3B-6 and MCC 9-1-28.
1.3.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.3.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-SJ.
1.3.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3B-SI,
11-3B-8C, and Chapter 3 Article C.
1.3.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-
7C (streets) and 11-3B-9C (adjoining use).
1.3.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-
11 C.
1.3.10 Provide bicycle parking spaces as set forth in UDC 11-3C-6G consistent with the design
standards as set forth in UDC 11-3C-SC.
1.3.11 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12.
1.3.12 Construct all required landscape areas used for storm water integration consistent with the
standards as set forth in UDC 11-3B-11C.
1.3.13 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the
guidelines set forth in the City of Meridian Design Manual.
1.3.14 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
1.4 Ongoing Conditions of Approval -Conditional Use Permit
1.4.1 The conditional use may only be transferred or modified consistent with the provisions as set
forth in UDC 11-SB-6G. The applicant shall contact Planning Department staff regarding any
proposed modification and/or transfer of ownership.
Page 13
1.4.2 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
1.5 Process Conditions of Approval -Conditional Use Permit
1.5.1 No signs are approved with this application. Prior to installing any signs on the property, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
1.5.2 The conditional use approval shall be null and void if the applicant fails to 1) commence the use
within two years as set forth in UDC 11-SB-6F1 or 2) gain approval of a time extension as set
forth in UDC 11-SB-6F4.
1.5.3 The applicant shall submit a private street application prior to or concurrent with the CZC for the
first phase of the development as set forth in UDC Chapter 3, Article F.
1.5.4 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance application
from the Planning Department, prior to submittal of building permit application(s).
1.5.5 The applicant shall submit a scaled site plan stamped approved by SSC verifying compliance with
SSC's requirements with the CZC application.
1.5.6 Per UDC 11-4-3-27G, 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 feature.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is being proposed via extension of mains in N
Franklin Road. The applicant shall install mains to and through this subdivision; applicant shall
coordinate main size and routing with the Public Works Department, and execute standard forms
of easements for any mains that are required to provide service. Minimum cover over sewer
mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate
materials shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2.2 Water service to this site is being proposed via extension of mains in N Franklin Road. The
applicant shall be responsible to install water mains to and through this development, coordinate
main size and routing with Public Works.
2.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, asingle-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
obtaining certificates of occupancy.
2.4 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6.
Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association
(ditch owners), with written approval or non-approval submitted to the Public Works Department.
If lateral users association approval can't be obtained, alternate plans shall be reviewed and
approved by the Meridian City Engineer prior to final plat signature.
Page 14
2.5 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.6 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.7 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.8 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces is at least 1-foot above.
2.9 At the completion of the project, the applicant shall be responsible to submit record drawings
per the City of Meridian AutoCAD standards. These record drawings must be received and
approved prior to the issuance of a certification of occupancy for any structures within the
project.
2.10 100 Watt and 250 Watt, high-pressure sodium street lights shall be required per the City of
Meridian Department of Public Works Improvement Standards for Street Lighting. All street
lights shall be installed at developer's expense. Final design shall be submitted to the Public
Works Department for approved. The street light contractor shall obtain the approved design on
file and an electrical permit from the Public Works Department prior to commencing
installations. The contractor's work and materials shall conform to the ISPWC and the City of
Meridian Supplemental Specifications to the ISPWC.
3. POLICE DEPARTMENT
3.1 The radius on the driveway approach from the cul-de-sac on W. Perugia Street should be increased
to allow for movement of large vehicles (i.e. moving trucks, fire trucks, garbage trucks, etc.).
4. FIRE DEPARTMENT
4.1 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
4.2 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.
4.3 To increase emergency access to the site a minimum of two points of access will be required for any
portion of the project which serves more than 50 homes, as set forth in International Fire Code
Section D107.1. The two entrances should be separated by no less than %z the diagonal measurement
of the full development as set forth in International Fire Code Section D104.3. The applicant shall
provide a stub street to the property to the (west/east/north/south).
4.4 Building setbacks shall be per the International Building Code for one and two story construction.
4.5 The roadways shall be built to Ada County Highway District cross section standards and have a
clear driving surface. Streets less than 29' in width shall have no on-street parking; streets less
than 33' in width shall have parking only on one side. These measurements shall be based on the
back of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000
GVW as set forth in International Fire Code Section 503.2.1.
4.6 The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom sensors to ensure a safe and efficient
Page 15
response by fire and emergency medical service vehicles. The cost of this installation is to be
borne by the developer. (National Fire Protection Std. 1141 Section 5.2.11.1)
4.7 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in International
Fire Code Section 304.3.3.
4.8 The first digit of the Apartmentl0ffice Suite shall correspond to the floor level as set forth in
International Fire Code Section 505.1.
4.9 The applicant shall work with Public Works and Planning Department staff to provide an address
identification plan and a sign which meets the requirements of the City of Meridian sign ordinance
and is placed in a position that is plainly legible and visible from the street or road fronting the
property, as set forth in International Fire Code Section 505.1.
4.10 All aspects of the building systems (including exiting systems), processes & storage practices shall
be required to comply with the International Fire Code Section 101.2.
4.11 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.
4.12 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.
4.13 Buildings over 30' in height, as defined by the International Building Code, are required to have
access roads in accordance with the International Fire Code Appendix D Section D105. The face of
the building shall be within 30 feet from the nearest edge of the Fire Department required aerial
access road in accord with D105.3. An alternative to this requirement would be to install an
enhanced fire sprinkler system that meets the standard of NFPA 13.
4.14 As set forth in International Fire Code Section 503.2.5, the Fire Department is opposed to any
landscape island in the middle of a cul de sac that may prevent a fire truck from turning around on
the end of the court.
4.15 As set forth in International Fire Code Section 503.2, fire apparatus access roads are required to be
20' in width, consist of an improved gravel surface capable of supporting 50,000 GVW, and shall be
provided to all athletic fields, concession stands and pathways. An approved water supply shall be
provided to all structures. Plans and specifications shall be provided to the Fire Department for
review and approval.
4.16 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.
4.17 The radius on the driveway approach from the cul-de-sac on W. Perugia Street should be increased
to allow for movement of large vehicles (i.e. moving trucks, fire trucks, garbage trucks, etc.).
5. SANITARY SERVICE COMPANY
5.1 The radius on the driveway approach from the cul-de-sac on W. Perugia Street should be increased
to allow for movement of large vehicles (i.e. moving trucks, fire trucks, garbage trucks, etc.).
6. PARKS DEPARTMENT
6.1 The Parks Department has no comments on this application.
Page 16
7. ADA COUNTY HIGHWAY DISTRICT (DRAFT CONDITIONS)
7.1 Site Specific Conditions of Approval
7.1.1 Construct a center turn on Franklin Road (at the intersection of Umbria Hills Avenue and
Franklin Road) that provides a minimum of 100-feet of storage with tapers for both the approach
and departure directions abutting the site. Coordinate the design of the center turn lane with
District Traffic Services and Development Review staff.
7.1.2 Construct a westbound right turn lane at the intersection of Umbria Hills Avenue and Franklin
Road. Coordinate the design of the right-turn lane with District Traffic Services and Development
Review staff.
7.1.3 Construct Perugia Street as one half of a 40-foot street section with curb, gutter and 5-foot
attached concrete sidewalk plus additional pavement widening beyond the centerline established
for the street to provide a minimum 24-feet wide paved surface. A 3-foot wide gravel shoulder
and a drainage Swale sized to accommodate the roadway storm runoff shall be constructed on the
south side of the roadway.
7.1.4 Construct Umbria Hills Avenue as one half of a 40-foot street section with curb, gutter and 5-foot
attached concrete sidewalk plus additional pavement widening beyond the centerline established
for the street to provide a minimum 24-feet wide paved surface. A 3-foot wide gravel shoulder
and a drainage Swale sized to accommodate the roadway storm runoff shall be constructed on the
west side of the roadway.
7.1.5 Utilize the existing 25-foot wide driveway onto Perugia Street located on the north side of the
turnaround (at the terminus of Perugia Street) abutting the site. Pave the driveway it's full width
at least 30-feet into the site beyond the edge of pavement of the roadway.
7.1.6 Utilize the existing 27-foot wide driveway onto Umbria Hills Avenue located on the north side of
the turnaround (at the terminus of Umbria Hills Avenue) abutting the site. Pave the driveway it's
full width at least 30-feet into the site beyond the edge of pavement of the roadway.
7.1.7 Comply with all Standard Conditions of Approval.
7.2 Standard Conditions of Approval
7.2.1 Any existing irrigation facilities shall be relocated outside of the ACHD right-of--way.
7.2.2 Private sewer or water systems are prohibited from being located within the ACRD right-of--way.
7.2.3 In accordance with District policy, 7203.6, the applicant may be required to update any existing
non-compliant pedestrian improvements abutting the site to meet current Americans with
Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of
ADA compliance to District Development Review staff for review.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all
landscaping proposed within ACHD right-of--way or easement areas.
7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days
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prior to breaking ground within ACRD right-of--way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable ACHD
Standards unless specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
7.2.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of
any change from ACHD.
7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site
plan and may require additional improvements to the transportation system at that time. Any
change in the planned use of the property which is the subject of this application, shall require the
applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time
unless awaiver/variance of the requirements or other legal relief is granted by the ACHD
Commission
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EXHIBIT C -FINDINGS OF FACT AND CONCLUSIONS OF LAW
1. Conditional Use Permit (UDC 11-SB-6E)
The Commission shall base its determination on the Conditional Use Permit
modification request upon the following:
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;
Staff finds that the subject property is large enough to accommodate the proposed use and
meets all the dimensional and development standards of the R-15 zoning district.
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan
and in accord with the requirements of this title;
Staff finds that the proposed multi-family residential subdivision, with a gross density of
14.99 dwelling units per acre, is generally harmonious with and in accordance with the
Comprehensive Plan and Ten Mile Interchange Specific Area Plan future land use map
which designates the site for Medium High Density Residential uses.
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;
Staff finds the proposed multi-family residential development will be compatible with the
adjacent church and rural residential properties in the general vicinity 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;
Staff recommends that the Commission and Council consider public testimony, staff's
analysis, and other agency comments when determining if the proposed uses will
adversely affect other properties in the vicinity.
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, sewer;
Staff finds the proposed use will be served adequately by the essential public facilities
and services as listed above.
f. That the proposed use will not create excessive additional requirements at public
cost for public facilities and services and will not be detrimental to the economic
welfare of the community;
Staff finds the proposed use will not create excessive additional requirements at public
cost and will not be detrimental to the economic welfare of the community.
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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;
Although traffic will increase with this development, Staff finds the proposed use will not
be detrimental to any persons, property, or general welfare by reason of excessive traffic,
noise, smoke, fumes, glare, or odors.
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.
Staff finds there are no natural, scenic, or historic features considered of major
importance on this site.
2. Design Review (UDC 11-SB-8D)
In order to grant approval for an administrative design review, the director shall
determine that the proposed structural and/or site designs conform to the standards and
meet or exceed the intent of the "City of Meridian Design Manual."
The Director has reviewed the proposed building elevations, site plan, and landscape plan
submitted with the DES application and has determined the proposed development conforms
to the standards and meets or exceeds the intent of the Design Manual if the applicant
complies with the conditions of approval and development agreement provisions listed in
Exhibit B. See Section IX of the staff report for more information.
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