Mulberry Subdivision PP-12-010 CUP-12-006CITY OF MERIDIAN E IDIAl~T~--
FINDINGS OF FACT, CONCLUSIONS OF LAW ~-
AND IDAHO
DECISION & ORDER
In the Matter of Preliminary Plat for Five (5) Residential Lots on 2.4 Acres and Conditional Use
Permit for 36 Multi-family Units in an R-15 Zoning District for Mulberry Subdivision, Located on
the Southwest Corner of W. Ashby drive and N. Meridian Road, by Settlers Park, LLC.
Case No(s). PP-12-010 and CUP-12-006
For the City Council Hearing Date of: August 28, 2012 and September 25, 2012 (Findings on
October 9, 2012)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of September 25, 2012, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of September 25, 2012, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of September 25,
2012, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of September 25, 2012, 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 (LC. §67-6503).
2. The Meridian City Council 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 April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA.
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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-12-010 and CUP-12-006
-1-
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Planning Department, the Public Works Department and any affected party requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of September 25, 2012, incorporated by reference. The conditions are concluded to
be reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-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 preliminary plat and conditional use permit is hereby approved per
the conditions of approval in the attached Staff Report for the hearing date of September 25,
2012, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and fmal plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two (2) years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat (UDC 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two (2) years, may be considered for
final approval without resubmission for preliminary plat approval (UDC 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up
to two (2) years as determined and approved by the City Council may be granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again (UDC 11-
6B-7C).
Notice of Two (2) Year Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a maximum
period of two (2) years unless otherwise approved by the City. During this time, the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting, the final plat must be signed by the City
Engineer within this two (2) year period.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-12-010 and CUP-12-006
-2-
Upon written request and filed by the applicant prior to the termination of the 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) two (2) year period. Additional time extensions up to two (2) years as
determined and approved by the City Council may be granted. With all extensions, the Director
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title 11(UDC 11-SB-6F).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application 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 may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board 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 September 25, 2012
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-12-010 and CUP-12-006
-3-
By action of the City Council at its regular meeting held on the
2012.
COUNCIL PRESIDENT BRAD HOAGLUN
COUNCIL VICE PRESIDENT CHARLIE ROUNTREE
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
Mayor Ta y de Weerd
4~Q~p,'~BD,~ ~C~s
Attest: AGO ~, j
OW
City of
~ I~IAN~„
'~ 1p~1Np
aycee an, City Clerk ~'
n~, 5.~~,
~~~ yew
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~a~~~p ~'it~A8~1~'~
~- day of ~ ~-,oc'.(L ,
VOTED
VOTED
VOTED
VOTED
-------
VOTED
Copy served upon Applicant, The Planning epartment, Public Works Department and City Attorney.
By~ ated:
City rk's i
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-12-010 and CUP-12-006
-4-
EXHIBIT A
STAFF REPORT
Hearing Date: September 25, 2012
(Continued from August 28, 2012)
TO: Mayor and City Council
FROM: Bill Parsons, Associate City Planner
(208) 884-5533
SUBJECT: PP-12-010 and CUP-12-006 -Mulberry
E II~I~N~--
IDAW~D _
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Settlers Park, LLC has requested approval of the following applications:
1) preliminary plat consisting of 5 residential lots on 2.4 acres and;
2) conditional use permit of 36 multi-family dwelling units in an R-15 zone.
2. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed development with the conditions listed in Exhibit B,
based on the Findings of Fact and Conclusions of Law in Exhibit C. The Meridian Planning &
ZOning Commission heard these items on July 19, 2012. At the public hearing, the Commission
voted to recommend approval of the subject PP and CUP requests.
a. Summary of Commission Public Hearing:
i. In favor: Becky McKay
ii. In opposition: Earlene Coffey, Mily Herling, Chuck Herring, Janice Hartung, Terri
Harrsch, Barbara Yates, Tom Callison, Ryan Brumfield, Rob Edgar, Kathy Edgar,
Patrick Handley, Janet Handley, Andy Roman, Wesley Steele, Pat Arnold, Tracy
Brown, Joy Smith, Eric Smith, Wendy Barbour, Salli, Landberg, D. Bourt, Mike
Mavden, Ginny Dickman, Jake Gerard, Ethan Hanks, Gary Neal, J. R. Johnson, Robert
Wilson, Doug Carlson, Patricia Carlson, Jennifer Anderson, Walt Anderson, Mark
Stibrany and Marcel Buiouski
iii. Commenting: None
iv. Written testimony: Signed petition from over 100 residents opposing the proposed
multi-family project.
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: Bill Nary and Pete Friedman
b. Kev Issue(s) of Discussion by Commission:
i. Subdividing the property and having the potential of multiple ownership of the
complex.
ii. Parking issues with events occurring in Settlers Park.
iii. Having a viable recorded maintenance agreement for the site to maintain a high quality
development adjacent to the park.
iv. Compatibility with adjacent residential properties.
c. Kev Commission Change(s) to Staff Recommendation:
i. None
d. Outstanding Issue(s) for City Council:
i. None
Mulberry Subdivision PP-12-010 and CUP-12-006 PAGE 1
EXHIBIT A
~, ummar v of Citv Council Publ ic Hearinn:
1~ In f avor: Becky, McKay, Sh ari Stiles and Brian Warren
lj.~ Iri4 nnosition: Ann Morro w, Chuck Herling, Ann Medina, Earlene Coffey. Barbara
Her bert, Jennifer Anderso n, Patrictia Turner, Kim Luch ,Mark Luchs. Janet
Lai n„ Jennifer Anderson, Pat Arnold, Judith Clarkg~y tucker. Wendy
Bar
jji< Com bour, Craig Henning~4
menNnn: Jov Smith. D and Terri Brumfield
ennis Kramer, Eric Smith, Marcel Bujouski. Mario
Com oroskv. William Herb ert. Augusta McGowen Hass, Harold Greenaway. Brian
ar ren. Michelle Wilson. L.vnn Coffey. Robert Wilson. Ryan Brumfield. Judy
Now aski, Ethan Hadley an d Deborah Nelson
jY. Wri tten testimony~y m ith, Margo Comorosky, Bob Kibler and Curtis Hatton
~ Staf f presenting applicatio n: Bill Parsons
yj. Oth er staff commenting on aunlication: Pete Friedman and Bill Narv
Iz: ev Iss ues of Discussion by Co uncil:
L the property i n 2004 without a development a~reem
%L Vali di of the recorded de velopment agreement and the rezone in 2004.
jjj, Rec
mai ourse if the developme
ntenance a
reement nt is not maintained in accord with a recorded
jy, oti g
.
cinn requirements to t
he surroundinn properties
~ The CCR's recorded with the Cedar Sp~,g~s Subdivision.
yi: Par king and traf_fi_c icspec wi h events occurring in Settlers Park.
~, Key Co uncil Changes to Staff/ Commission Recommendation
L Cou ncil struck condition 1. 1.1.
3. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers, PP-12-
O10 and CUP-12-006 as presented in staff report for the hearing date of August 28, 2012 with the
following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers PP-12-010
and CUP-12-006 as presented in staff report for the hearing date of August 28, 2012 for the following
reasons: (You should state specific reasons for denial of the applications.)
Continuance
I move to continue File Numbers PP-12-010 and CUP-12-006 to the hearing date of (insert continued
hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
The site is located on the southwest corner of W. Ashby Drive and N. Meridian Road in the SW
'/4 of the NE'/4 of Section 20, T.3N., R.lE.
b. Owner/Applicant:
Settlers Park, LLC
P.O. Box 190534
Boise, ID 83719
Mulberry Subdivision PP-12-010 and CUP-12-006
PAGE 2
EXHIBIT A
c. Representative:
Becky McKay, Engineering Solutions, (938-0980)
d. Applicant's Request: Please see applicant's narrative for this information.
5. PROCESS FACTS
a. The subject applications are for a preliminary plat and conditional use permit. A public hearing is
required before the Planning & Zoning Commission and City Council on this matter, consistent
with Meridian City Unified Development Code Title 11, Chapter 5.
b. Newspaper notifications published on: July 2, and 16, 2012 (Commission); August 6, and 16,
2012 (City Council)
c. Radius notices mailed to properties within 300 feet on: June 29, 2012 (Commission); August 1,
2012 (Gifu Council)
d. Applicant posted notice on site by: July 8, 2012 (Commission); August 18, 2012 (City Council)
6. LAND USE
a. Existing Land Use(s): The subject site is vacant land; zoned R-15.
b. Description of Character of Surrounding Area and Adjacent Land Uses and Zoning: The
surrounding area is primarily developed with single family residences.
North: Cedar Spring Subdivision, zoned R-4
South: Settlers Park; zoned L-O
East: Sundance Subdivision, zoned R-8
West: Settlers Park, zoned L-O
c. History of Previous Actions: In 2002, the subject property was granted Annexation and Zoning
(AZ-00-019) approval by City Council with an R-4 zoning district. A development agreement
was approved with the annexation (Instrument No. 102067381). Concurrently, the same property
was preliminarily platted (PP-00-018) as part of the Cedar Springs Subdivision.
In 2004, the subject 2.4 acre property was granted rezone (RZ-04-014) approval by City Council
with an R-15 zoning district. Concurrently, a preliminary plat (PP-04-039) consisting of 2
residential building lots was approved and a conditional use permit (CUP-04-048) was approved;
consisting of a 27-unit assisted living facility and 13 independent living units. An administrative
time extension (TE-06-016) was granted by the Director that extended the aforementioned
approvals through 2008. These approvals never commenced on the property and have since
expired.
d. Utilities:
1. Public Works:
Location of sewer: W Ashby Drive
Location of water: W Ashby Drive and N Meridian Road
Issues or concerns: None
e. Physical Features:
1. Canals/Ditches Irrigation: No major facilities impact the property.
2. Hazards: StafF is not aware of any hazards that exist on the property.
Mulberry Subdivision PP-12-010 and CUP-12-006 PAGE 3
EXHIBIT A
3. Flood Plain: NA
4. Topography: NA
7. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Medium Density Residential" on the Comprehensive Plan Future
Land Use Map. Medium density residential areas are anticipated to contain three to eight
dwelling units per acre. The subject property is currently zoned R-15.The Unified Development
Code (UDC) allows a maximum of 15 dwelling units to the acre.
As mentioned earlier, the subject property was annexed with an R-4 zone consistent with the
MDR designation. With the analysis of the rezone application, staff cited that the comprehensive
plan allows astep-up (i.e. medium to medium-high) in densities/zoning without requiring a
Comprehensive Plan amendment. Based on those findings, the property received rezone approval
from the R-4 zone to the R-15 zone. Although the comprehensive plan is an advisory tool for
determining future land uses, the zoning of the property carries the force of law and regulates the
uses and the densities in which the property may be developed.
The applicant is proposing to subdivide the property into five (5) buildable lots and develop nine
(9) four-plea buildings. Gross density proposed for this project is 15 dwelling units to the acre.
Although the density is greater than the anticipated density of the comprehensive plan, the
proposed project is consistent with the density of the R-15 zone.
Staff finds the following comprehensive plan policies to be applicable to the proposed
development (staff analysis in italics below policy):
• Permit new development where urban services can be reasonably provided at the time of final
approval and development is continuous to the City (Chapter 3, page 45).
City services will be extended by the developer with construction of the proposed subdivision.
Water and sewer are available for connection. The Public Works Department is requiring
water service connections from W. Ashby Drive and N. Meridian Road. Thus, staff fands that
services are available to accommodate the proposed development.
• Protect existing residential properties from incompatible land use development on adjacent
parcels (Chapter 3, page 52).
Originally, this parcel was part of the Cedar Springs development; however the construction
of Ashby Drive split this parcel from the single family lots platted in Cedar Springs thus
leaving the parcel an undeveloped remnant. A majority of single family homes abutting this
property are to the north and east of the subject property. To the west and the south is
Settlers Park.
The homes along these boundaries have floor areas between 1,500 square feet and 3,000
square feet and either have bonus rooms or two-stories. The proposed fourplexes are 4,120
square feet and two stories in height. Overall height of the structures is approximately 29-
feet. Additionally, the closest fourplex structure will be approximately 130 feet away from the
nearest residence. The applicant has also designed the fourplexes to complement the existing
residences by incorporating similar building materials. Although the applicant's project is
denser than the surrounding residential development, the proposed project is defined as a
residential project. Based on the aforementioned analysis, staff is of the opinion the size and
scale of the development is consistent with the surrounding residential development in the
area.
The site is located near the entrance of the Cedar Springs Subdivision and is separated from
the adjacent residences by a collector street and 20 foot wide landscape buffers on each side
Mulberry Subdivision PP-12-010 and CUP-12-006 PAGE 4
EXHIBIT A
of the roadway. Given the proximity of this development to Meridian Road, staff believes the
amount of traffic generated by the proposed development should not impact the adjacent
residences. ACHD has estimated the project will generate 240 daily trips with 23 PM peak
hour trips.
• Provide for a wide diversity of housing types (single family, modular, mobile homes and
multi-family arrangements) and choices between ownership and rental dwelling units for all
income groups in a variety of locations suitable for residential development (Chapter 3, page
55).
As mentioned above, this area is primarily developed with single family residential. This area
of Meridian lacks housing diversity as envisioned by the comprehensive plan. The proposed
multi family development will provide additional housing choices for area residents.
Require pedestrian access in all new development to link subdivisions together and promote
neighborhood connectivity.
The submitted site plan depicts interconnected walkways and the connections to the public
sidewalks that abut the site. The applicant is also proposing several connections to the
pathway constructed within Settlers Park along the southern boundary. Staff is of the opinion
that the applicant has provided sufficient connectivity with the development.
• Ensure development provides safe routes and access to schools, parks and other community
gathering areas (Chapter 3, page 55).
The subject property abuts a 56-acre public park. The applicant is proposing to provide
connectivity ,from this development to the park. The Parks Department supports the
connectivity. This connection to the City pathway and the adjacent public sidewalks will
allow the residences safe passage to the adjacent city park and the future public school west
of the proposed development.
Coordinate with transportation agencies to ensure provisions of services and transit
development (Chapter 6, page 84).
VRT has a transit route planned along Ustick Road. Another 80-unit apartment complex is
under construction approximately a half mile southwest of the subject property. In order to
support transit and commercial development planned for the area, higher density
development is needed similar to what is being proposed and currently under construction.
After considering all of these factors staff is of the opinion that the proposed development is generally
consistent with the comprehensive plan.
8. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of the Residential Districts: The purpose of the residential districts is to
provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan.
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 Control: Unified Development Code (UDC) 11-2A-21ists multi-family
developments as a conditional use in the R-15 zoning district. Specific Use Standards (UDC 11-
4-3-27) apply to multi-family developments; please see Section 9, Analysis below for more
information.
C. Dimensional Standards: Development of the site shall comply with the dimensional standards
listed in UDC 11-2A-7 for the R-15 zoning district.
Mulberry Subdivision PP-12-010 and CUP-12-006 PAGE 5
EXHIBIT A
D. Landscaping:
1. Parking lot landscaping: All parking lot landscaping shall comply with the standards listed in
UDC 11-3B-8C.
E. Off-Street Parking: UDC 11-3C-6A requires multi-family dwellings with 2 or more bedrooms to
have a two stalls in a covered carport or garage. Based on the unit mix (36 - 2-bedroom units, 72
covered parking stalls are required. The applicant has proposed 73 covered parking stalls and 3
uncovered parking stalls which meets the parking requirements of the UDC.
9. ANALYSIS
Analysis of Facts Leading to Staff Recommendation:
Preliminary Plat (PP): The proposed preliminary plat consists of five (5) buildable lots. The five
lots are proposed to develop with nine (9) two story four-plexes containing thirty-six (36) two
bedroom units. Lot sizes range between 0.45 of an acre to 0.61of an acre. Since the property is
zoned R-15, the proposed lots must be a minimum of 2,400 square feet. All of the lots comply
with the minimum lot size of the R-15 zone (see Exhibit A.2).
Access to this proposed development is provided from a single driveway on W. Ashby Drive. The
applicant has depicted a private ingress/egress easement on the face of the proposed plat. Staff
has concerns with depiction of this easement as it does not convey adequate access to all of the
proposed lots. Staff recommends the applicant add a note on the face of the plat or record a
separate document and reference the recorded document number on the face of the plat that
identifies a blanket cross access agreement and shared parking agreement for the entire complex.
The landscape buffers adjacent to the subject parcel were installed with the Cedar Springs
Subdivision. These lots are not part of the subject property and are maintained and owned by the
Cedar Springs Home Owner's Association. Because this property does not front a public street,
only the multi-family development landscape standards apply to this development.
Conditional Use Permit (CUP): The UDC defines conditional use permit as a use that, owing to
some special characteristics attendant to its operation or installation is allowed in the district
subject to the approval of the Planning and Zoning Commission. Recognizing that a conditional
use is an allowed use, the purpose of this conditional use permit is to impose specific use
standards required for amulti-family development to ensure the proposed development is
compatible with the surrounding single family residential development.
As mentioned earlier, the property was rezoned in 2004. Typically, the city requires a
development agreement with the rezone of property, one was not required with the approval of
the rezone. In the absence of a DA, the zoning of the property controls the type of use and the
density. UDC 11-2A-2 lists multi-family developments as a Conditional Use in the R-15 zone
district, thus a change in zoning is not required to accommodate the requested development.
The specific use standards for multifamily develop are contained in UDC 11-4-3-27. These
standards apply to site design, common open space, site amenities, architectural character,
landscaping, and maintenance. The proposed project generally complies with the following
standards.
a. Setbacks: Buildings shall provide a minimum setback of 10 feet, unless a greater
setback is otherwise required by the UDC. (UDC Table 11-2A-7 requires a greater
setback of 12 feet in the rear.) The building envelopes shown on the site plan are setback
from the perimeterl2'6" at a minimum. The applicant shall comply with the setbacks as
proposed.
Mulberry Subdivision PP-12-010 and CUP-12-006 PAGE 6
EXHIBIT A
b. Service areas: On-site service areas, outdoor storage areas, waste storage, disposal
facilities, and transformer or utility vaults shall be fully screened from view from any
public street. The submitted site plan depicts the location of the trash enclosures and
they appear to be screened from the adjacent public street. With a future certificate of
zoning compliance application, the applicant shall comply with this requirement. The
applicant shall coordinate with republic Services on the size and dimension of the
proposed enclosures.
c. Private, usable open space: A minimum of 80 square feet of private, usable open space
is required for each unit. This requirement can be satisfied through porches, patios, decks,
and/or enclosed yards. Landscaping, entryway and other access ways shall not count
toward this requirement. Unit "A "plan patio dimensions at 78 square feet (12' X 6. S ).
The applicant must provide an 80 square foot patio for all of the proposed units.
d. Developments with 20 units or more shall provide the following: A property
management office, a maintenance storage area, a central mailbox location (including
provisions for parcel mail), and a directory and map of the development at a convenient
location. The applicant is not proposing to construct a property management off ce
building or a separate maintenance storage building. Instead, one of the proposed units
will be used as on-site property management office and maintenance of the facility will be
done by an outside contractor. Staff is supportive of the applicant's proposal to use one
of the units for the property manager's office/quarters. However, staff recommends the
unit that is to serve as the property manager's office should incorporate an enclosed
outdoor storage area to accommodate the storage needs for the property.
The central mailboxes and the directory map are not depicted on the submitted site plan.
With a future certificate of zoning compliance application, the applicant shall comply
with this requirement and provide a copy of signed maintenance agreement from the
single entity that is to maintain the entire apartment complex.
e. Parking: UDC 11-3C-6A requires multi-family dwellings with two or more bedrooms to
have to two covered parking stalls. Based on the unit mix (36 - 2-bedroom units), 72
covered parking stalls are required. The applicant is proposing 73 covered parking stalls
and 3 uncovered parking stalls which exceeds this requirement.
f. Common Open Space Design Requirements: UDC 11-4-3.27C requires a minimum of
250 square feet of outdoor common open space for each unit containing more than 500
square feet and up to 1,200 square feet of living area. (The common open space shall be
not less than 400 square feet in area, and shall have a minimum length and width
dimension of 20 feet.) Based on the proposed unit size (1, 030 square feet), a minimum of
9, 000 square feet of common open space is required. The proposed project includes
1.06acres (46,173 square feet) of open space as depicted on the site plan.
g. Amenities: UDC 11-4-3.27 requires multi-family developments between 20 and 75 units
provide a minimum of three (3) amenities. Staff is of the opinion that the proposed
project complies with this requirement by providing the following qualifying amenities:
1) public art, 2) several plaza areas with rose gardens, 3) a play structure and enclosed
bike storage.
h. Elevations: Elevations are required to meet the architectural standards set forth in UDC
11-4-3-27E. The applicant is proposing to construct nine (9) two-story four plexes with a
same architectural design in multiple color schemes. All of the structures are proposed to
incorporate a mix of building materials to include the following: horizontal lap siding,
cedar shake siding, decorative corbels and stone wainscoting (see Exhibit A. S). To
Mulberry Subdivision PP-12-010 and CUP-12-006 PAGE 7
EXHIBIT A
enhance the design of the proposed four plexes, staff recommends the applicant provide a
decorative stone base around the columns along the proposed patios and covered entries
into the units. If the applicant complies with this requirement staff is supportive of the
proposed elevations and three color schemes presented with the application.
The site will also house numerous carport structures. The submitted carport elevations
do not illustrate a building material. Staff believes they are to be constructed of metal.
Staff supports the design as submitted however the proposed carports should be painted
or powder coated to complement the overall color scheme for the development.
i. Landscaping: Staff has reviewed the submitted landscape for compliance with the UDC.
After reviewing the submitted landscape plan, the proposed plan exceeds the
requirements of the UDC because it exceeds the open space requirements of the multi-
family standards and the number plantings required by the UDC. Further, the subject
property is surrounded by existing landscape buffers constructed with the Cedar Springs
subdivision. Except for the lack of trees in some of the proposed planter islands, staff
recommends approval of the plan as submitted.
j. Maintenance and Ownership Responsibilities: Per UDC 11-4-3-27G, a legally binding
document shall be recorded that states the maintenance and ownership responsibilities for
the management of the development, including, but not limited to, structures, parking,
common areas, and other development features. The applicant must comply with this
requirement and a single entity must manage the entire development.
Certificate of Zoning Compliance: The applicant is required to submit an application for
Certificate of Zoning Compliance for the proposed use prior to establishment of the new use in
accord with UDC 11-SB-1.
Design Review: The applicant is required to submit an application for Design Review concurrent
with the Certificate of Zoning Compliance application in accord with UDC 11-SB-8.
In summary staff finds the proposed project complies with the future land use map, applicable policies of
the Comprehensive Plan and is conditioned to comply with the applicable development standards of the
UDC. Based on aforementioned analysis, staff recommends approval of the subject applications.
10. EXHIBITS
A. Drawings
1. Vicinity Map/Aerial
2. Proposed Preliminary Plat
3. Proposed Site Plan
4. Proposed Landscape Plan
5. Proposed Building Elevations
6. Proposed Floor Plans
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
C. Required Findings from Unified Development Code
Mulberry Subdivision PP-12-O10 and CUP-12-006 PAGE 8
EXHIBIT A
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B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 Preliminary Plat -Site Specific Conditions of Approval
l~r_~A,~~„li,.••ccmcic~i-lZicecc-aci-cv[irrs-i~mc •, >°,~ •, ".,~Q~,~/ A 7~T .,„,7 .ao >el,.„„..o„~
ee„,o„~ /:„~,,.,,„.,o„,. +~i n~nti~~Qi ~ This condition was stricken from proiect as the rezone
a~nroval (Ordinance # OS-11231 superseded the recorded development agreement as testified by
the Citv Attorney during the public hearing.
1.1.2 The preliminary plat labeled Pre 1, prepared by Engineering Solutions, dated 06/07/12, shall be
revised as follows:
• The applicant shall add a note on the face of the plat or record a separate document and
reference the recorded document number on the face of the plat that identifies a blanket
cross access agreement and shared parking agreement for the entire complex.
1.1.3 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.
1.1.4 The applicant shall record a final plat prior to obtaining a building permit for the proposed multi-
family development.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the R-15 zoning district listed in UDC
Chapter 2 District regulations.
1.2.2 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.
1.2.3 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.2.4 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-SJ.
1.3 Process Conditions of Approval
1.3.2 The final plat, and any phase thereof, shall substantially comply with the approved preliminary
plat as set forth in UDC 11-6B-3C2.
1.3.3 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the
City Engineer signature on a final plat within two years, or 2) gain approval of a time extension
as set forth in UDC 11-6B-7.
1.3.4 Staff failure to cite any specific ordinance provisions does not relieve the applicant from
responsibility of compliance.
1.4 Conditional Use Permit
1.4.1 The site plan, prepared by Engineering Solutions, labeled Site, dated 06/07/12, is approved, with
the conditions listed herein. The applicant shall revise the site plan as follows:
• Provide the amenities as proposed on the site plan attached in Exhibit A. Details of
planned amenities shall be provided with a future CZC application.
• The applicant shall include the trash enclosure detail on the revised site plan.
• Add a directory map and central mailbox locations on the plan.
1.4.2 The landscape plans, prepared by South Architecture, dated 06/08/12, labeled L1.0 and L-2.0 are
approved with the following change:
Exhibit B - 1 -
EXHIBIT A
All parking lot landscaping must be designed and installed in accord with UDC 11-3B-
8C.
1.4.3 All parking stalls shall meet the dimensional requirements in accordance with UDC 11-3C-5.
1.4.4 Provide at least 80 square feet of private, useable open space, such as a patio or balcony/deck, for
each multi-family dwelling unit in accordance with UDC 11-4-3-27B-3.
1.4.5 Maintenance of all common areas shall be the responsibility of the developer or assigns. 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,
private streets, and other development features. A copy of the recorded document shall be
submitted with the first Certificate of Zoning Compliance (CZC).
1.4.6 A CZC and administrative design review approval is required prior to issuance of a building
permit for any and all of the multi-family units within this development. NOTE: A CZC
application may include one or more multi-family units on a lodparcel.
1.4.7 As determined by the Community Development Director, the multi-family buildings and carports
constructed on this site shall substantially comply with the renderings submitted to the City with
the CUP application, and as modified by the conditions of approval herein. The applicant shall
also provide a decorative stone base around the columns along the proposed patios and covered
entries into the units. At minimum, the apartment buildings shall have three color schemes (as
proposed) to include two field colors and one trim color and the carports shall be painted or
powder coated to match the color scheme of the development.
1.4.8 All roof and wall-mounted mechanical, electrical, communications, and service equipment shall
be screened from public streets and properties by the use of parapets, walls, fences, enclosures, or
by other suitable means.
1.4.9 All signage for the site requires approval of a sign permit. All signage must comply with UDC
11-3D-8.
1.4.10 Provide temporary fencing around the perimeter of the building sites to contain debris during
construction prior to release of building permits.
1.4.11 The applicant shall comply with the outdoor lighting standards set forth in UDC 11-3A-11. The
outdoor lighting shall have downward shielding on the building and perimeter lighting and shall
not impact the surrounding single-family residences.
1.4.12 The applicant shall comply with the specific use standards for the multi-family developments
listed in UDC 11-4-3-27.One of the units must serve as the property manager's office as
proposed. The building that is to contain the property manager's office shall incorporate an
enclosed outdoor storage area into the overall design of the building.
1.4.13 Staff's failure to cite specific ordinance provisions or terms of approval of the Cedar Springs
development does not relieve the applicant of responsibility for compliance. The applicant shall
comply with all prior conditions of approval for this site.
1.4.14 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.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is being proposed via extension of mains in W Ashby
Dr. The 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.
Exhibit B - 2 -
EXHIBIT A
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 available via extension of mains in W Ashby Drive and N Meridian
Road. The applicant shall be responsible to install two water connections, coordinate main size
and routing with Public Works.
2.3 The applicant shall provide a 20-foot common lot for all public water/sewer mains outside of
public right of way. The common lot shall be covered with a blanket easement to the City of
Meridian.
2.4 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public
right of way (include all water services and hydrants). The easements shall not be dedicated via
the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms.
The easement shall be graphically depicted on the plat for reference purposes. Submit an
executed easement (on the form available from Public Works), a legal description, which must
include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and
distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a
Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this
document.
2.5 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
signature on the final plat.
2.6 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.
2.7 Street signs are to be in place, water system shall be approved and activated, fencing installed,
drainage lots constructed, road base approved by the Ada County Highway District and the Final
Plat for this subdivision shall be recorded, prior to applying for building permits.
2.8 A letter of credit, cash surety or bond in the amount of 110% will be required for all uncompleted
non-life safety improvements (eg. fencing, landscaping, amenities, etc.), prior to signature on the
final plat.
2.9 All development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.10 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.11 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.12 All grading of the site shall be performed in conformance with MCC 11-12-3H.
Exhibit B - 3 -
EXHIBIT A
2.13 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.
2.14 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 space is at least 1-foot above.
2.15 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACHD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.16 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.
2.17 100 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.
2.18 The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure
prior to final plat signature .This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Please contact Land Development Service for more information at 887-2211.
2.19 The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, water and reuse infrastructure for
duration of two ,ears. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Please contact Land Development Service for more information at 887-2211.
3. FIRE DEPARTMENT
3.1 Any newly installed Fire Department connections for sprinkler or standpipes will require locking
Knox box plugs.
3.2 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.
3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 ''/2" outlet face the main street or parking lot aisle.
b. The Fire hydrant 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'.
f. Fire hydrants shall be place 18" above finish grade.
g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
Exhibit B - 4 -
EXHIBIT A
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
3.4 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater
than 150 feet in length that is not provided with an outlet shall be required to have an approved
turn around. Phasing of the project may require a temporary approved turn around on streets
greater than 150' in length with no outlet.
3.5 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International Fire
Code Sections 503.4 & D103.6.
3.6 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.
3.7 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.
3.8 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
3.9 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.
3.10 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.
3.11 The first digit of the Apartment Suite shall correspond to the floor level as set forth in International
Fire Code Section 505.1.
3.12 As set forth in International Fire Code Section 504.1, multi-family and commercial projects shall be
required to provide an additional sixty inches (60") 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 may be included to assist meeting this requirement. Contact the Meridian Fire Department for
details.
3.13 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.
3.14 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
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)
3.15 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in International
Fire Code Section 304.3.3.
3.16 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 507.5.1. 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).
Exhibit B - 5 -
EXHIBIT A
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).
3.17 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an
imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D
Section D103.6 Signs.
3.18 All R-2 occupancies with 3 or more units shall be required to be fire sprinkled as set forth in
International Fire Code Section 903.2.8.
3.19 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets as set
forth in IFC 102.9.
3.20 Buildings over 30' in height are required to have access roads in accordance with the International
Fire Code Appendix D Section D105.
3.21 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire
Code Section 506.
3.22 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.
3.23 As set forth in International Fire Code Section D103.3, 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. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to this application.
5. PARKS DEPARTMENT
5.1 The applicant shall coordinate with the Parks Department on the internal connection with the
City's 10-foot pathway along the southern boundary.
6. SANITARY SERVICE COMPANY
6.1 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
Bob Olson at republic Services (345-1265) 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);
Exhibit B - 6 -
EXHIBIT A
f. 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 Bob Olson at 345-1265 for
minimum dimensional requirements;
v. Bollards inside the enclosure to prevent the container from damaging the walls and
gates;
vi. Waste enclosure user access (GVhen 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)
7. ADA COUNTY HIGHWAY DISTRICT
7.2 STANDARD CONDITIONS OF APPROVAL
7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way.
7.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or
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 may be 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 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.
7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
7.2.8 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.
7.2.9 Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
Exhibit B - 7 -
EXHIBIT A
7.2.10 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
prior to breaking ground within ACHD 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.
7.2.11 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 the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
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 by the applicant 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 the time unless awaiver/variance of said requirements or other legal relief is granted by
the ACHD Commission.
Exhibit B - 8 -
EXHIBIT A
C. Required Findings from Unified Development Code
1. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat,
the Council shall make the following findings:
A. The plat is in conformance with the Comprehensive Plan;
The Council finds that the proposed subdivision in conformance with the comprehensive
plan (please see Section 7 of the staff report for detailed analysis of specific
comprehensive plan action items that apply to this development).
B. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The Council finds that services can be made available to accommodate the proposed
development.
C. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because the developer is installing sewer, water, and utilities for the development at their
cost, the Council finds that the subdivision will not require the expenditure of capital
improvement funds.
D. There is public financial capability of supporting services for the proposed
development;
Staff recommends the Commission and Council rely upon comments from the public
service providers (i.e., police, fire, ACRD, etc.) to determine this finding.
E. The development will not be detrimental to the public health, safety or general
welfare; and
The Council is not aware of any health, safety or environmental problems associated with
the development of the subdivision. ACRD considers road safety issues in their analysis.
The Meridian Police and Fire Departments have not raised any safety concerns with the
project.
The development preserves significant natural, scenic or historic features.
The Council is unaware of any natural, scenic or historic features on this site. Therefore,
the Council finds that the proposed development will not result in the destruction, loss or
damage of any natural, scenic or historic feature(s) of major importance.
2. Conditional Use Permit Findings:
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 Council 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-15 district and the multi-family
specific use standards.
Exhibit C - 1 -
EXHIBIT A
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan
and in accord with the requirements of this Title.
The Council finds that the proposed multi-family residential use in the R-15 zone meets
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 Council finds that the general design (as amended), construction, operation and
maintenance of the multi-family use will be compatible with other uses in the general
neighborhood and with the existing and intended character of the vicinity as to not
adversely change the character of the area. The Council finds that a higher density
residential use on this site should be compatible with the neighborhood based on the
separation between the structures, scale and bulk of the buildings are compatible with the
existing residences and proposed use should not generate additional traffic through the
subdivision given the proximity to Meridian Road.
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 Council 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 Council 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, Police Department and other agencies.
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 Council 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 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 Council 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
Council recognizes the fact that traffic and noise will increase with the approval of this
development; however, whenever undeveloped property is developed the amount of
traffic generation does increase. ACRD has stated that the proposed multi-family
development will generate an estimated 240 daily vehicle trips.
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.
Exhibit C - 2 -
EXHIBIT A
The Council finds that the proposed development will not result in the destruction, loss or
damage of any natural feature(s) of major importance.
Exhibit C - 3 -