Heron Village CUP-12-021CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
E IDIAN/-
~ im= . ~# t
In the Matter of the Request for Conditional Use Permit for aMulti-Family Development
Consisting of 108 Dwelling Units, Located at 2250 & 2310 N. Meridian Road in the R-40 and C-G
Zoning Districts, by Alliance Management Consultants.
Case No(s). CUP-12-021
For the Planning & Zoning Commission Hearing Date of: January 17, 2013 (Findings on February
5, 2013)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of January 17, 2013, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of January 17, 2013, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of January 17,
2013, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of January 17, 2013, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified Development
Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan
of the City of Meridian, which was adopted 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.
6. That the City has granted an order of approval in accordance with this decision, which shall be
signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-12-021
Page 1
upon the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of January 17, 2013, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City Code § 11-
SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
The applicant's request for conditional use permit is hereby conditionally approved per the
conditions of approval in the attached staff report for the hearing date of January 17, 2013,
attached as Exhibit A.
D. Notice of Applicable Time Limits
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 in accord with UDC 11-SB-6F.1.
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 in accord with UDC 11-SB-6F.2.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-SB-6.F.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 Commission may be granted. With all extensions, the Director
or Commission may require the conditional use comply with the current provisions of Meridian
City Code Title 11.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a conditional
use permit entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review 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 January 17, 2013
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-12-021
Page 2
B action of the Planning & Zoning Commission at its regular meeting held on the ~ day of
~, 2013.
COMMISSIONER SCOTT FREEMAN, CHAIRMAN
COMMISSIONER STEVEN YEARSLEY, i~GE CHAIRMAN
COMMISSIONER MICHAEL ROHM
COMMISSIONER TOM O'BRIEN
COMMISSIONER JOE MARSHALL v~~ C.~ l~r-G{,1 r
VOTED_ ~~~
VOTED_ ~ i
VOTED
VOTED_~ l~
VOTED_
C airm
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Attest:
~~ 4~
Jaycee Holman, City Clerk
Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney.
Ci le s ffice
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m~ SEAL
~®~rBR ~ 1 t A r T A E ASJee~r
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-12-021
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Page 3
EXHIBIT A
STAFF REPORT
HEARING DATE: January 17, 2013
TO: Planning & Zoning Commission
FROM: Sonya Wafters, Associate City Planner
208-884-5533
SUBJECT: CUP-12-021 -Heron Village
E IDIAN~--
IDAHO
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Alliance Management Consultants, has applied for a conditional use permit (CUP) for
a multi-family development consisting of -1~A 108 dwelling units in the R-40 and C-G zoning districts
for Heron Village.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B, based on the
Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report.
The Meridian Planning and Zoning Commission heard this item on January 17, 2013. At the
public hearing, the Commission moved to approve the subiect CUP request.
a. Summary of Commission Public Hearing:
i. In favor: Bob Unger
ii. In opposition: None
iii. Commenting: Cynthia Sciscoe
iv. Written testimony: Bob Unger
v. Staff presenting application: Sonya Waters
vi. Other staff commenting on application: None
b. Kev Issues of Discussion by Commission:
i. The location of the garages in relation to the residences;
ii. Leaving the area open where the driveway is shown to Meridian Road for a
better street presentation;
iii. Relocation of the trash enclosure away from the Sciscoe property.
c. _Kev Commission Changes to Staff Recommendation:
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number CUP-12-
021, as presented in the staff report for the hearing date of January 17, 2013, with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number CUP-12-021,
as presented during the hearing on January 17, 2013, for the following reasons: (You should state
specific reasons for denial.)
Continuance
I move to continue File Number CUP-12-021 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
Heron Village CUP-12-021 PAGE 1
EXHIBIT A
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located at 2250 & 2310 N. Meridian Road on the southeast corner of N. Meridian
Road and W. Blue Heron Lane, in the SW'/4 of Section 6, Township 3 North, Range 1 East.
(Parcel No.'s 87039000051; 87039000515; 87039000525; 87039000515)
B. Applicant:
Alliance Management Consultants
290 Bobwhite Court, Ste. 220
Boise, ID 83706
C. Owners:
Bankruptcy Estate of Dean and Gail Borup
Jeremy Gugino, Trustee for Case 10-02943-JDP
410 S. Orchard Street, Ste. 144
Boise, ID 83705
Bankruptcy Estate of Keith and Judith Borup
Richard Crawforth, Trustee
410 S. Orchard Street, Ste. 172
Boise, ID 83705
D. Representative:
Bob Unger, ULC Management, LLC
6104 N. Gary Lane
Boise, ID 83714
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 on this matter, consistent with Meridian City Code Title 11,
Chapter 5.
B. Newspaper notifications published on: December 31, 2012 and January 14, 2013
C. Radius notices mailed to properties within 300 feet on: December 20, 2012
D. Applicant posted notice on site by: January 4, 2013
VI. LAND USE
A. Existing Land Use(s): There are two existing homes on this site.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: E. Blue Heron Lane and townhomes, zoned R-40
South: Single-family &multi-family residential, zoned C-C and R-40
East: Single-family rural residential, zoned Rl; and Industrial/retail (Meridian Meat Packers),
zoned M2 in Ada County
West: Meridian Road, Church and single-family residential, zoned L-O and R-4
C. History of Previous Actions:
Heron Village CUP-12-021 PAGE 2
EXHIBIT A
• This site consists of portions of Lots 1-3 of J. E. Pfost's Subdivision, platted in 1908. The
boundary of the site was adjusted through Record of Survey No. 612.
• The commercial portion of the site, zoned C-G, was annexed in 1982 (Ordinance No. 414).
D. Utilities:
a. Location of sewer: Sanitary sewer is available in N. Meridian Road and W. Blue Heron
Lane to serve the subject site.
b. Location of water: Domestic water is available in N. Meridian Road and W. Blue Heron
Lane to serve the subject site.
c. Issues or concerns: Design and routing of sanitary sewer and water utilities shall be
coordinated with the Community Development Department.
E. Physical Features:
1. Canals/Ditches Irrigation: There are some existing ditches on this site.
2. Hazards: Staff is not aware of any hazards that exist on this site.
3. Flood Plain: A portion of this site along the southern boundary lies within the 500 year flood
plain or shaded X zone; and a very small portion at the southwest corner of the site lies within
the 100 year flood plain or AE zone.
VII. COMPREHENSIVE PLAN/ANALYSIS
The Comprehensive Plan Future Land Use Map designates the subject property as Mixed Use -
Neighborhood (MU-N). Per the Comprehensive Plan, the purpose of the MU-N designation is to
assign areas where neighborhood-serving uses and dwellings are seamlessly integrated into the urban
fabric. The intent is to avoid predominantly single-use developments by incorporating a variety of
uses. Land uses in these areas should be primarily residential with supporting non-residential services.
Non-residential uses in these areas tend to be smaller scale and provide a good or service that people
typically do not travel far for and need regularly. Employment opportunities for those living in the
neighborhood are encouraged. Connectivity and access between the non-residential and residential
land uses is critical in MU-N areas. Tree-lined, narrow streets are encouraged. Developments are also
encouraged to be designed according to the conceptual MU-N plan depicted in Figure 3-1 of the
Comprehensive Plan (see pgs. 24-27).
The applicant plans to develop the site with an aparhnent complex consisting of ~8 108 dwelling
units. The proposed gross density is X1-8 19.63 dwelling units per acre. A mix of uses is not
proposed. The existing C-G and R-40 zoning of the property requires a conditional use permit for
multi-family developments.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
Heron Village CUP-12-021 PAGE 3
EXHIBIT A
• "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." (3.07.03B, pg.
56)
The proposed multi family residential development will contributed to the variety of housing
types available within the City.
• "Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City." (3.O1.OlF, pg. 45)
The proposed development is already in the City and the two existing homes are serviced by
sanitary sewer and domestic water. The developer will be responsible for the extension of
sanitary sewer and domestic water mains to serve the proposed development.
• "Require appropriate landscaping and buffers along transportation corridor (setback,
vegetation, low walls, berms, etc.) (3.06.02F, pg. 54)
A 25 foot wide landscape buffer is required along N. Meridian Road in accord with the
standards listed in UDC Tables 11-2A-8 and 11-2B-3, and 11-3B-7.
• "Protect existing residential properties from incompatible land use development on adjacent
parcels." (3.06.O1F, pg. 53)
The proposed residential use of the property should be compatible with existing surrounding
residential and retail uses.
Heron Village CUP-12-021 PAGE 4
EXHIBIT A
"Provide a walkable community through good design." (2.O1.OlA, pg. 13)
Internal sidewalks are depicted on the plans for internal access and circulation. Staff
recommends some additional walkways be provided (see analysis below). Sidewalks along N.
Meridian Road and W. Blue Heron Lane already exist.
• "Require pedestrian access connectors in all new development to link subdivisions together to
promote neighborhood connectivity as part of a community pathway system." (3.03.03B, pg.
48)
There is fencing along the southern boundary of the site which prohibits a pedestrian
connection; however, staff recommends a pedestrian connection be provided to the north at
the east boundary of the site for future pedestrian connectivity.
• "Restrict private curb cuts and access points on collectors and arterial streets." (3.06.02D,
pg53)
Per UDC 11-3A-3, access to N. Meridian Road is prohibited (unless waived by City Council
and ACHD) as access is available from a local street, E. Blue Heron Lane (see analysis
below).
• "Provide housing options close to employment and shopping centers." (3.07.02D, pg. 55)
The proposed development will provide multi family housing as an option in this area of the
City within close proximity to employment and shopping areas.
• "Encourage infill development in vacant/undeveloped areas within the City over fringe area
development to halt the outward progression of urban development.:" (5.01.02B, pg. 69)
The proposed development is an infill project consistent with this objective.
• "Elevate quality of design for houses and apartments; evaluate the need for design review
guidelines for single-family homes." (3.07.020, pg. 56)
The structures within the proposed development will be subject to the design standards in
UDC I1-3A-19 and the guidelines in the Meridian Design Manual.
Based on the above analysis and the findings in Exhibit C, staff is supportive of the proposed
development as it is generally consistent with the comprehensive plan.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zones:
Approximately half of the subject property (north half) is zoned R-40, High Density Residential.
Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing
opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of
Meridian water and sewer systems is a requirement for all residential districts. Residential
districts are distinguished by the allowable density of dwelling units per acre and corresponding
housing types that can be accommodated within the density range.
Approximately half of the subject property (south half) is zoned C-G, General Retail & Service
Commercial. Per UDC 11-2B-1, the purpose of the commercial districts is to provide for the retail
and service needs of the community in accordance with the Meridian Comprehensive Plan. Six
(6) districts are designated which differ in the size and scale of commercial structures
accommodated in the district, the scale and mix of allowed commercial uses, and the location of
the district in proximity to streets and highways. The C-G district allows for the largest scale and
Heron Village CUP-12-021 PAGE 5
EXHIBIT A
broadest mix of retail, office, service, and light industrial uses. These areas should be in close
proximity and/or have access to interstate or arterial intersections.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 and 11-2B-21ists the
permitted, accessory, conditional, and prohibited uses in the R-40 and C-G zoning districts
respectively. The proposed multi-family development is listed as a conditional use in both the R-
40 and C-G zoning districts. The specific use standards listed in UDC 11-4-3-27 for multi-family
developments apply to development of this site.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2A-8 for the R-40
zoning district and UDC Table 11-2B-3 for the C-G zoning district apply to development of this
site.
D. Landscaping Standards: The standards for landscaping contained in UDC 11-3B apply to
development of this site.
E. Common Open Space & Site Amenity Requirements: Common open space and site amenities are
required to be provided on the site in accord with the requirements listed in UDC 11-3G-3; 11-4-
3-27C; andl 1-4-3-27D.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
CONDITIONAL USE PERMIT (CUP): A conditional use permit is requested for amulti-family
development in the R-40 and C-G zoning districts, in accord with UDC Table 11-2A-2 & 11-2B-
2. The proposed structures are 3-stories in height and consist of four (4) 24-plea structures and
one (1)4412-plea structure for a total of44A 108 dwelling units.
Specific Use Standards: The specific use standards for multi-family developments listed in UDC
11-4-3-27 apply to development of this site as follows:
• A minimum of 80 square feet (s.f.) of private useable open space is required to be
provided for each unit. The building oor plans do not appear to comply with the
minimum requirements. The plans submitted with the Certi rcate o Zoning Compliance
application shall be revised accordingly.
Development with 20 units or more are required to provide a property management
office, maintenance storage area, central mailbox location (including provisions for
parcel mail) that provides safe pedestrian and/or vehicular access, and a directory and
map of the development at an entrance or convenient location for those entering the
development. The site plan dee~et depicts anyall of these items except for the directory
& map of the development. The site plan submitted with the Certificate of Zoning
Compliance application shall be revised accordingly.
At a minimum, 250 s.f. of outdoor common open space is required for each unit
containing more than 500 s.f. and up to 1,200 s.f. of living area. The 1-bedroom units
consist of 783 square feet (sf.); a~ the 2-bedroom units consist of 950-957 sf.; and the
3-bedroom units consist of 1, 000 s~ Therefore, a minimum of 27,3000 sf. (or 0.632 of an
acre) of common open space is required for the development. The site plan depicts
6 41.870 sf. (or 4~ 0.96 o an acres) of useable open space, which consists of the
two large common areas where the clubhouse and community garden are located, in
compliance with this requirement.
• For multi-family developments with 75 units or more, four (4) amenities shall be
provided with at least one from each category listed in UDC 11-4-3-27D.1. For multi-
Heron Village CUP-12-021 PAGE 6
EXHIBIT A
family developments with more than 100 units, the decision making body shall require
additional amenities commensurate to the size of the proposed development. The site
amenities depicted on the site plan (and listed below) comply with this requirement. In
addition to the amenities being proposed, staff recommends some additional bicycle
parking be provided, and that some additional sidewalk/pedestrian connections be made
near the community garden area, around the building in Area C, and to the
underdeveloped parcel to the north.
• The architectural character of the structures shall comply with UDC 11-4-3-27E. The
proposed elevations & building materials of the residential structures comply with this
requirement. The design of all structures on the site is subject to the design standards
listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual
and will be reviewed with the Design Review application(s).
Landscaping is required to comply with UDC 11-4-3-27-F. All street facing elevations
shall have landscaping along their foundation as follows: the landscaped area shall be at
least 3-feet wide and have an evergreen shrub with a minimum mature height of 24
inches for every 3 linear feet of foundation. The remainder of the area shall be landscaped
with ground cover plans. The front elevations of the proposed structures face internal
driveways; they do not face a public street. The landscape plan does show some
landscaping along the foundations of the structures. Verification that the foundation
landscaping complies with this standard will be verified with the Certificate of Zoning
Compliance and Design Review application(s).
• The development is required to record legally binding documents that state the
maintenance and ownership responsibilities for the management of the development,
including, but not limited to, structures, parking, common areas, and other development
features. The applicant shall submit documentation of compliance with this requirement
with submittal of the Certificate of Zoning Compliance.
Access: One full-access to this site is proposed via N. Meridian Road, an arterial street, and one
full-access is proposed via W. Heron Brook Lane, a local street.
The UDC (11-3A-3A) limits access points to arterial streets; where access to a local street is
available, access is required to be taken from such local street. This site has 310 feet of frontage
on Blue Heron Lane, a local public street. Therefore, staff recommends that access for this project
be from Blue Heron Lane. Staff further recommends all existing accesses to Meridian Road be
removed. (NOTE: The applicant may request a waiver from City Council for an access to N.
Meridian Road in accord with UDC 11-3A-3.)
This portion of N. Meridian Road is in ACHD's Capital Improvement Plan (CIP) to be widened
from 3 to 5 lanes between the years 2017-2021. Eight (80) feet ofright-of--way (ROW) currently
exists for Meridian Road; a total of 96-feet of ROW will be needed for the road widening. ACHD
estimates an additional 14-foot of ROW will need to be dedicated on this site to accommodate the
widening. Although the City has not yet received comments from ACHD on this application,
ACHD Staff has stated they will recommend denial of the proposed access via Meridian Road
because access via Blue Heron is available and an additional 14.5 +/- feet of ROW will be
required to be dedicated.
The site plan depicts 25-foot wide drive aisles within the development. The Fire Department
requires 26-foot wide drive aisles for aerial access to the structures;
~as"~. Because the units will be sprinklered, the Fire Department only requires one point of
access for the development. Therefore, the Blue Heron access is sufficient.
Heron Village CUP-12-021 PAGE 7
EXHIBIT A
Based on the UDC, and ACHD's comments regarding access and
right-of--way, staff recommends the site and landscape plans submitted with the Certificate
of Zoning Compliance application be revised accordingly. The applicant has revised the site
plan to include the anticipated amount of ROW needed for widening Meridian Road
Parking: The UDC (Table 11-3C-6) requires off-street vehicle parking to be provided on the site.
For one bedroom units, 1.5 vehicle parking spaces are required per dwelling unit (d.u.); at least
one in a covered carport or garage. For tie 22=3 bedroom units, 2 parking spaces are required per
d.u. in a covered carport or garage.
There are twenty-se~et~ four (~24) 1-bedroom units; seventy two (5372) 2-
bedroom units; and twelve (121 3-bedroom units proposed on the site. Therefore, a minimum of
224 carport/garage spaces and 4-412 uncovered (or carport/garage) spaces are required to be
provided for the 1-bedroom units; and a minimum of -1f~H168 carport/garage spaces are required
to be provided for the 2 and 3-bedroom units for a total of X93192 carport/garage spaces and-1412
uncovered (or carport/garage) spaces. The site plan depicts X128 carport spaces and 68
garage spaces for a total of X8196 covered spaces, and 8 uncovered spaces which complies with
~•~--~ UDC requirements. A total of X418 guest parking spaces are also provided adjacent
to the common area. ,
One bicycle parking space is required to be provided for every 25 proposed vehicle spaces per
UDC 11-3C-6G. There are rte the bicycle parking facilities depicted on the site plan adjacent to
each of the structures. Based on the total number of vehicle parking spaces proposed (~582~
including the °-'~~•°*~a ~ ~'~~•• ~~' ~ ~~* ug est parkin), a bicycle parking facility
capable of holding a minimum of X89 bicycles is required to be provided that complies with the
standards listed in UDC 11-3C-SC. '~~te-tlte-leg-maize-E~t~ce;r~'°V °*~~'H~~~~~~Na° ~*
Landscaping: Per UDC Tables 11-2A-8 and 11-2B-3, a 25-foot wide street buffer is required to
be provided along N. Meridian Road, an arterial street; W. Blue Heron Lane is classified as a
local street and as such does not require a street buffer in the R-40 zoning district. A 2~5 foot
wide buffer is depicted on the plans along N. Meridian Road and a 17 foot wide buffer is depicted
along W. Blue Heron Lane in accord with this requirement. Landscaping is required to be
provided within the buffers in accord with the standards listed in UDC 11-3B-7C.
Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-
3B-8C. Each planter island that serves a single row of parking spaces is required to be landscaped
with at least one tree and shall be covered with low shrubs, lawn, or other vegetative
groundcover. The landscape plan submitted with the Certificate of Zoning Compliance
application shall comply with this requirement.
Note: The landscape plan submitted with the Certificate of Zoning Compliance applications(s) is
required to be prepared by a landscape architect, landscape designer, or qualified nurseryman,
per UDC 11-3B-3C.
Common Open Space: The UDC (11-3G-3A) requires a minimum of 10% open space to be
provided for all multi-family developments of 5 acres or more in accord with the standards listed
in UDC 11-3G-3B. Based on the area of the site (5.5 acres), a minimum of 0.55 of an acre of
Heron Village CUP-12-021 PAGE 8
EXHIBIT A
common open space is required to be provided. The site plan depicts a total of ~-A~ 0.96 o an
acres of usable open space that meets the aforementioned standards.
Site Amenities: Site amenities are required to be provided on the site in accord with the
requirements listed in UDC 11-3G-3; 11-4-3-27C; andl 1-4-3-27D.
Amenities for the development are proposed as follows: 1) 1,600 square foot (s.f.) clubhouse; 2)
swimming pool; 3) playground; 4) horseshoe pit; 5) barbeque pits; 6) benches; 7) community
garden; ei~ 8) a water feature at the entry; and 9, five bicycle parking facilities. The proposed
amenities meet the aforementioned requirements. However, as stated above, staff is
recommending additional b~„'~v~l~ sidewalks/pedestrian connections be provided.
Fencing: No fencing is shown on the plans. If fencing is constructed on the site, it shall be
consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B.
Elevations: The applicant has submitted building elevations for the proposed 3-story apartment
structures and conceptual elevations of the carports and garages. The design standards listed in
UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual apply to these
structures.
The building materials for the apartments depicted on the elevations consist of "hardiplank" lap
siding, "hardiboard" board and batt siding, "harditrim" fascia and trim and "hardi-shake" siding
in various complimentary neutral colors with an asphalt composite shingle roof. The elevations
comply with the standards listed in UDC 11-3A-19. Design Review will be required for the
structures with the Certificate of Zoning Compliance application in accord with the Meridian
Design Manual. Multi family structures are encouraged to use internal circulation and stairwells
to access individual residential units.
tale-hBuildina materials are depicted for the garages and carports consisting of metal posts &
beams with harditrim fascia & trim and an asphalt composite shingle roof; paint colors will be a
varie of complimentary neutral colors to match proposed apartments & garages (see Exhibit
A.4). Per the Meridian Design Guidelines, the carports and garages should be constructed to be
compatible with the associated residential buildings (i. e. similar building and roof forms,
architectural elements and details, and materials and colors to maintain the quality of the
architectural character). ,
~~
Sidewalks: There is an existing 5-foot wide attached sidewalk on this site along N. Meridian
Road and W. Blue Heron Lane. The UDC (11-3A-17) requires 5-foot wide detached sidewalks to
be provided along all arterial streets with development of new land uses. However, because the
sidewalk already exists, the Director has waived this requirement. When Meridian Road is
widened in the future, staff recommends ACRD construct a 5 foot wide detached sidewalk in
accord with this requirement and the Comprehensive Plan. (NOTE: The applicant is proposing
a landscape berm along Meridian Road Consideration for the future detached sidewalk
location should be given when designing the berm.)
Internal sidewalks are depicted on the site plan for internal circulation within the site. There are
several areas where there is no sidewalk where residents would need to walk in the drive aisles to
navigate the site. Also, where walkways are shown across drive-aisles that lead to the perimeter
sidewalk along Meridian Road, the walkways lead to parking spaces. The site plan should be
revised to provide better pedestrian interconnectivity within the site. Additionally, a pathway
should be provided from the sidewalk to the community garden area. Pedestrian access should
also be provided to the northeast, to parcel No.R7039000300 for future pedestrian
interconnectivity.
Heron Village CUP-12-021 PAGE 9
EXHIBIT A
Certificate of Zoning Compliance: The applicant is required to submit an application for
Certificate of Zoning Compliance for the proposed use and structures prior to issuance of building
permits 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. The
proposed site design and structures shall be consistent with the standards listed in UDC 11-3A-19
and the guidelines listed in the Meridian Design Manual.
Site Boundary: There is an 8+/- foot wide strip of property (parcel #87039000005) along the
east boundary that appears to be included in this site that should not be a part. The applicant
should revise the site/landscape plans accordingly.
There are some fairly significant changes being requested to the submitted site and landscape
plans. However, Staff believes the applicant can comply with the requirements without
substantially changing the project. Therefore, Staff recommends approval of the subject
application with the conditions listed in Exhibit B per the Findings in Exhibit C.
X. EXHIBITS
A. Drawings
1. Vicinity Map
2. Proposed Site Plan (dated: ,'"REVISED 1/15/13)
3. Proposed Landscape Plan (dated: 12/21/12)
4. Proposed Building Elevations & Floor Plans (dated: 11/26/12)
B. Agency Comments/Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
C. Required Findings from Unified Development Code
Heron Village CUP-12-021 PAGE 10
EXHIBIT A
Exhibit A.1: Vicinity Map
heron Village CUP-12-021 PAGE ] 1
EXHIBIT A
Exhibit A.2: Proposed Site Plan (dated: ~''%zREVISED 1/15/13)
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EXHIBIT A
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Heron Village CUP-]2-021 PnGI~ 14
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Ncron Village CUP-12-021 PAGE 15
EXHIBIT A
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Heron Village CUP-12-021 PAGE ]6
Heron Village Apartments
SOUTH ELEVATION
EXHIBIT A
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Heron Village CUP-12-021 PAGE 17
r-SECOND /THIRD FLOOR PLAN - 24-PLEX
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Heron Village CUP-12-021 PAGE 18
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EXHIBIT A
Heron Village CUP-]2-021
PAGE I J
Building Materiafs~ [~ /r\\ \ ~ , )
Hardiptank lap siding, hardiboaM !ward 8 batt siding, I \ E ~i C~ VII E Y 1~~ All paint Coors will be a variety of complimentary
hardi-shake siding, and harditrim fascia B trim. neutral colors b match proposed apartnxnt
Asphalt composite shingle roofing awaures.
N. MERI~JIAN ROAD \.ilEl'~~
EXHIBIT A
RE: Heron Village Apartments -Open Space & parking Calculations
Units Sq Ft Req. Open Space Req. Parking
I Bedroom Units 24 783 6,000 sf 24 Covered + 12 Additional
2 Bedroom Units "A" 36 950 9,000 sf 72 Covered
2 Bedroom Units "B" 36 957 9,000 sf 72 Covered
3 Bedroom Units 12 1,000 3,000 sf 24 Covered
Totak 108 N/A 27,000 sf l92 Covered + 12 Addit"anal -204
Proposed usable open space 41,870
Proposed parking 128 carports 68 garages 8 dedicated Total - 204
Sincerely,
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Robert C. Uneer
Heron Village CUP-12-021 PAGE 20
EXHIBIT A
B. Agency Comments/Conditions of Approval
1. PLANNING DEPARTMENT
CONDITIONAL USE PERMIT
1.1 Site Specific Conditions of Approval
1.1.1 Development of the site shall substantially comply with the site plan and building elevations
included in Exhibit A, the conditions of approval listed herein, the design standards listed in
UDC 11-3A-19 and the guidelines contained in the City of Meridian Design Manual.
1.1.2 The developer shall comply with the specific use standards for multi-family developments
listed in UDC 11-4-3-27.
1.1.3 Any fencing constructed on the site shall be consistent with the standards as set forth in UDC
11-3A-7 and 11-3A-6B.
1.1.4 The applicant shall provide amenities as shown on the site/landscape plan in accord with
UDC 11-3G-3, including: a 1,600 square-foot clubhouse, a swimming pool, a playground, a
horseshoe pit, barbeque pits, benches, a community garden, and a water feature (the water
feature may be traded for another amenity as the proposed "main" entrance should not be
approved.) In addition, the applicant shall provide at least tie five bicycle parking facilities,
with the ability to accommodate 30 bicycles total. Bicycle parking facilities shall be provided
in accord with the standards listed in UDC 11-3C-SC and 11-3C-6G.
1.1.5 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site.
1.1.6 The applicant 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. Documentation of
compliance with this requirement shall be with submitted with the first Certificate of Zoning
Compliance application.
1.1.7 Off-street vehicle parking shall be provided on the site in accord with UDC Table 11-3C-6
for multi-family dwellings.
1.1.8 Any compact vehicle parking stalls shall meet the dimensional requirements of UDC 11-3-C-
5.
1.1.9 Wheel restraints are required to be provided in carport parking stalls that abut a sidewalk and
in parking stalls that abut a 5-foot wide perimeter landscape buffer to prevent vehicles from
overhanging beyond the designated parking stall dimensions, per UDC 11-3C-SB; or, parking
stalls may be decreased 2 feet in length if 2 feet is added to the width of the sidewalk or
landscaped area. In the area where a sidewalk lies between two carport structures (east of the
northern 22-plex), the sidewalk shall be widened to 9 feet to allow for overhang from both
sides.
1.1.10 The carports shall be constructed to be compatible with the associated residential buildings
(i.e. similar building and roof forms, architectural elements and details, and materials and
colors to maintain the quality of the architectural character) in accord with the Meridian
Design Manual (pg. 135) and UDC 11-3A-19.
1.1.11 Multi-family structures are encouraged to use internal circulation and stairwells to access
individual residential units in accord with the Meridian Design Manual (pg. 137).
Heron Village CUP-12-021 PAGE 21
EXHIBIT A
1.1.12 Access to/from the site shall be provided via W. Blue Heron Lane. Access via Meridian Road
is prohibited and all existing accesses shall be removed per UDC 11-3A-3A, unless waived
by the Meridian City Council and the Ada County Highway District.
1.1.13 In accord with UDC 11-4-3-27B.7, the site plan submitted with the first Certificate of Zoning
Compliance for the site shall include the following: 1) a property management office; 2)
maintenance storage area; 3) central mailbox location (including provisions for parcel mail)
that provides safe pedestrian and/or vehicular access; and 4) a directory and map of the
development at an entrance or convenient location for those entering the development.
1.1.14 All existing structures shall be removed prior to development of the site.
1.1.15 The site plan and landscape plan shall be revised to reflect the additional right-of--way
required by ACHD for widening N. Meridian Road; and the 26-foot wide drive aisles
required by the Fire Department, per condition #3.15 below.
°dara~i~ted-i~`f~e-~-1-~:
1.1.17 With Certificate of Zoning Compliance application, provide a minimum of 80 square feet
(s.f.) of private useable open space for each unit per UDC 11-4-3-27B.3.
1.1.1.8 The site plan shall be revised to provide better pedestrian circulation and connectivity within
the site as well as to adjacent properties. Provide sidewalk along the west side of the ~412-
plex building, connecting the sidewalks to the south of the building and north. Provide a 5-
foot wide concrete or asphalt pedestrian walkway to parcel No. 87039000300 for future
connectivity between developments. Provide sidewalk/pathway to/around the community
garden area.
1.1.19 Provide approximately 1 acre of common open space as proposed.
1.1.20 Landscaping along the foundation of the buildings shall comply with UDC 11-4-3-27-F.
1.1.21 There is an 8+/- foot wide strip of property (parcel #87039000005) along the east boundary
that appears to be included in this site that is not a part. The applicant should revise the
site/landscape plans accordingly.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC
Chapter 2 District regulations.
1.2.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as
set forth in UDC 11-3A-6.
1.2.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11.
1.2.4 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.
1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-SJ.
1.2.7 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.
1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-
3B-7C (streets).
Heron Village CUP-12-021 PAGE 22
EXHIBIT A
1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-
3B-11C.
1.2.10 Protect any existing trees on the subject property that are greater than four-inch caliper and/or
mitigate for the loss of such trees as set forth in UDC 11-3B-10.
1.2.11 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.
1.2.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-
12.
1.2.13 Construct all required landscape areas used for storm water integration consistent with the
standards as set forth in UDC 11-3B-11C.
1.2.14 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.
1.2.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision
triangle.
1.3 Ongoing Conditions of Approval
1.3.1 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.
1.3.2 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.
1.4 Process Conditions of Approval
1.4.1 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.
1.4.2 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.
1.4.3 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance
application and Design Review from the Planning Department, prior to submittal of building
permit application.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is available via existing mains in N. Meridian
Road and W. Blue Heron Lane. Applicant is currently proposing routing that is inconsistent
with City of Meridian standards by routing mains through inaccessible areas instead of
locating them in drive locations. The applicant shall be responsible to install sanitary sewer
mains to and through this development, coordinate design and routing with the Community
Development Department.
2.2 Water service to this site is being proposed via connections to the existing mains in N.
Meridian Road and W. Blue Heron Lane. Applicant is currently proposing routing that is
inconsistent with City of Meridian standards by routing mains through inaccessible areas
instead of locating them in drive locations. The applicant shall be responsible to install water
mains to and through this development, including an additional connection to the existing 10-
Heron Village CUP-12-021 PAGE 23
EXHIBIT A
inch diameter main adjacent to the projects southern boundary. Applicant shall coordinate
design and routing with the Community Development Department..
2.3 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), or 30-foot easement if sanitary
sewer and water parallel one another. The easements shall be dedicated using the City of
Meridian's standard forms. 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.
2.4 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, a
single-point connection to the culinary water system shall be required. If a single-point
connection is utilized, the developer will be responsible for the payment of assessments for
the common areas.
2.5 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.).
2.6 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.
2.7 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.
2.8 Applicant shall be required to install street lighting 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.
2.9 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 sanitary sewer, domestic water
infrastructure for the duration of two ,~ ears. This surety will be verified by a line item cost
statement 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 the Community Development
Department for more information at 887-2211.
3. FIRE DEPARTMENT
3.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in
accordance with International Fire Code Section (IFC) 508.5.4 as follows:
a. Fire hydrants shall have the 4'/z" outlet face the main street or parking lot drive aisle.
b. Fire hydrants shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
Heron Village CUP-12-021 PAGE 24
EXHIBIT A
f. Fire hydrants shall be placed 18" above fmished grade to the center of the 4 '/z" outlets.
g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
3.2 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.
3.3 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and
48' outside, per International Fire Code Section 503.2.4.
3.4 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International
Fire Code Sections 503.4 & D103.6.
3.5 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set
forth in International Fire Code Section 304.1.2.
3.6 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.
3.7 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 (1FC) 501.4 and Meridian
amendment to IFC 10-4-2J.
3.8 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in
International Fire Code Section 304.3.3.
3.9 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in
International Fire Code Section 505.1.
3.10 The applicant shall work with Public Works and Planning Department staffto 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.
3.11 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.
3.12 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets.
1FC 102.9
3.13 Buildings over 30' in height are required to have access roads in accordance with the
International Fire Code Appendix D Section D105.
3.14 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.
3.15 All drive aisles are required to be a minimum of 26 feet in width for aerial access; the site
plan depicts 25 feet. The applicant shall revise the site plan accordingly.
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to the site design submitted with the
application.
Heron Village CUP-12-021 PAGE 25
EXHIBIT A
5. REPUBLIC SERVICES
5.1 The proposed dumpsters do not meet the accessibility requirements of Republic Services;
work with Bob Olson (208-345-1265) to remedy the issue.
6. PARKS DEPARTMENT
7.1 The applicant shall contact Elroy Huff, the City Arborist (208-489-0552), prior to removal of
any trees on the site to determine if mitigation is required in accord with UDC 11-3B-10.
7. ADA COUNTY HIGHWAY DISTRICT
The City has not yet received a report from ACHD on this application.
Heron Village CUP-12-021 PAGE 26
EXHIBIT A
C. Required Findings from Unified Development Code
1. CONDITIONAL USE PERMIT:
The Commission and Council shall review the particular facts and circumstances of each
proposed conditional use in terms of the following, and may approve a conditional use permit
if they shall find evidence presented at the hearing(s) is adequate to establish:
a. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
The Commission finds that if the site is designed in accord with the site plan in Exhibit
A and the conditions of approval in Exhibit B, the site will be large enough to
accommodate the proposed use and meet the dimensional and development regulations
of the R-40 and C-G zoning districts and the multi-family specific use standards.
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan
and in accord with the requirements of this Title.
The Commission finds that the proposed multi-family residential use in the R-40 and C-G
zones meets the objectives of the Comprehensive Plan and UDC.
c. That the design, construction, operation and maintenance will be compatible with
other uses in the general neighborhood and with the existing or intended character
of the general vicinity and that such use will not adversely change the essential
character of the same area.
The Commission finds that the general design, construction, operation and maintenance
of the multi-family use will be compatible with other residential and commercial uses in
the general neighborhood and with the existing and intended character of the 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.
The Commission finds that the proposed development should not adversely affect other
property in the vicinity if the applicant complies with all conditions of approval listed in
Exhibit B of this staff report and constructs all improvements and operates the use in
accordance with the UDC standards.
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection,
drainage structures, refuse disposal, water, and sewer.
The Commission finds that sanitary sewer, domestic water and irrigation can be made
available to the subject property. Please refer to comments prepared by the Public Works
Department, Fire Department, 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 Commission finds that the applicant will pay to extend the sanitary sewer and water
mains into the site. No additional capital facility costs are expected from the City. The
applicant and/or future property owners will be required to pay impact fees.
Heron Village CUP-12-021 PAGE 27
EXHIBIT A
g. That the proposed use will not involve activities or processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property or the
general welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare or odors.
The Commission finds that the proposed development will not involve uses that will
create nuisances that would be detrimental to the general welfare of the surrounding area.
The Commission recognizes the fact that traffic and noise will increase with the
approval of this development; however, whenever undeveloped property is developed the
amount of traffic generation does increase.
h. That the proposed use will not result in the destruction, loss or damage of a natural,
scenic or historic feature considered to be of major importance.
The Commission finds that the proposed development will not result in the destruction,
loss or damage of any natural feature(s) of major importance.