Rushmore PP 12-019 CUP 12-014 ALT 12-008CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
~E IDR IAN
~J
In the Matter of Preliminary Plat for one (1) Church Lot, three (3) Residential Lots and Two (2)
Common Lots on 5.33Acres in an L-O and R-15 Zoning Districts; Conditional Use Permit for 24
Multi-family Units in an R-15 Zoning District and Alternative Compliance to Allow Vinyl Siding as
a Primary Building Material for Rushmore Subdivision, Located South of W. Pine Avenue; West of
W. Idaho Avenue and W. Broadway Avenue, by Tealey's Land Surveying.
Case No(s). PP-12-019; CUP-12-014 and ALT-12-008
For the City Council Hearing Date of: March 26, 2013 (Findings on Apri19, 2013)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of March 26, 2013, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of March 26, 2013, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of March 26, 2013,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of March 26, 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 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-12-019, CUP-12-014 and ALT-12-008
-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 March 26, 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 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 March 26, 2013,
attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two (2) years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat (UDC 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two (2) years, may be considered for
final approval without resubmission for preliminary plat approval (UDC 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up
to two (2) years as determined and approved by the City Council may be granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again (UDC 11-
6B-7C).
Notice of 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-12-019, CUP-12-014 and ALT-12-008
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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 11-5B-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 March 26, 2013
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-12-019, CUP-12-014 and ALT-12-008
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By action of the City Council at its regular meeting held on the
2013.
COUNCIL PRESIDENT BRAD HOAGLUN
COUNCIL VICE PRESIDENT CHARLIE ROUNTREE
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
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day of i-E-p ~ ,~ ,
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VOTED ~ti
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VOTED
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Mayor Tam~ryoQe Weerd
Attest: O~QORp'fED AUGLST~
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Copy served upon Applicant, The P1anmF~`f ~ U~~nt, Public Works De arhnent and Cit Attorne .
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BY~ `~ Dated: ~- t'~" 1
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-12-019, CUP-12-014 and ALT-12-008
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EXHIBIT A
STAFF REPORT
Hearing Date: March 26, 2013
TO: Mayor and City Council E IDIAN~--
FROM: Bill Parsons, Associate City Planner I D A H O
(208) 884-5533
SUBJECT: PP-12-019, CUP-12-014 and ALT-12-008 -Rushmore
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Tealey's Land Surveying, has requested approval of the following applications:
1) preliminary plat consisting of 3 residential lots and 2 common lots on 2.4 acres. Staff has worked
with the applicant and requested a revised preliminary plat that includes the existing church site
to the north, on Pine Avenue. Staff anticipates a revised preliminary plat being submitted prior to
City Council review. This revised plat should include the 3.14 acre church parcel to north and
include one additional lot. The boundaries of this revised plat will be consistent with the city-
approved preliminary plat from 2006. No new development is proposed on the church
property/lot. Staff has received authorization from the church requesting to be included as part of
the subdivision. Staff's analysis of the project includes the church property/lot;
2) conditional use permit for 24-unit multi-family development in an R-15 zone and;
3) alternative compliance to allow vinyl siding as a primary building material.
2. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed applications with the conditions listed in Exhibit B, based
on the Findings of Fact and Conclusions of Law in Exhibit C. The Meridian Planning and Zoning
Commission heard these items on February 21, 2013. At the public hearing, the Commission
voted to recommend approval of the subiect PP, CUP and ALT requests.
a. Summary of Commission Public Hearing:
i. In favor: Pat Tealey
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: H. Leroy Minatre, in opposition
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: None
b. Kev Issue(s) of Discussion by Commission:
i. Design of the detention facility along the south side of the Nine Mile Creek.
ii. A revised plat (Exhibit A.2) was submitted prior to the City Council hearing
incorporating the church property as a lot and block with the subdivision.
c. Kev Commission Change(s) to Staff Recommendation:
i. None
d. Outstanding Issue(s) for City Council:
i. None
he Meridian City Council heard these items on March 26.2013. At the public hearing. the
ouncil annroved the subiect PP and CUP request
~, ummarv of City Council Public Hearin:
Rushmore PP-12-019, CUP-12-014 & ALT-12-008 PAGE 1
EXHIBIT A
L In favor: Pat Tealev
11. In onnosition: None
111: Commenting: None
iY. Written testimony: None
Y, taff presenting aRnlication: Bill Parsons
yj~ Other staff commenting on application• None
1is ev Issues of Discus ion by ouncil:
L_ None
~ ev Council Cha ges n 4 aff/C".nmmissinn R .cnmmenrlation
L None
3. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers PP-12-
019, CUP-12-014 and ALT-12-008 as presented in staff report for the hearing date of March 26, 2013
with the following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers PP-12-019,
CUP-12-014 and ALT-12-008 as presented in staff report for the hearing date of March 26, 2013 for
the following reasons: (You should state specific reasons for denial of the applications.)
Continuance
I move to continue File Numbers PP-12-019, CUP-12-014 and ALT-12-008 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 south of W. Pine Avenue and east of W. Idaho Avenue and W. Broadway
Avenue in the SW '/4 of Section 12, T.3N., R.1 E.
b. Owner:
Angell Holdings LLC
100 N 9"' Street, Suite #200
Boise, ID 83713
c. Applicant:
Tealey's Land Surveying
12594 W. Explorer, Suite #150
Boise, ID 83713
Meridian Friends Church
1021 W. Pine Avenue
Meridian, ID 83642
d. Applicant's Request: Please see applicant's narrative for this information.
5. PROCESS FACTS
A. The subject applications are for a preliminary plat, conditional use permit and alternative
compliance. 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: January 4, and 18, 2013 (Commission); March 4, and 18,
Rushmore PP-12-019, CUP-12-014 & ALT-12-008 PAGE 2
EXHIBIT A
2013 (Council)
C. Radius notices mailed to properties within 300 feet on: February 1, 2013 (Commission);
February 28, 2013 (Council)
D. Applicant posted notice on site by: February 11, 2013 (Commission); March 13, 2013 (Council)
6. LAND USE
a. Existing Land Use(s): A portion of the site is developed with a church and the portion proposed
for the multi-family development is vacant.
b. Description of Character of Surrounding Area and Adjacent Land Uses and Zoning: The
surrounding area is primarily developed with single family residences.
North: Single family homes, zoned R-4
South: Railroad tracks and industrial property, zoned I-L
East: Tremont Place Subdivision, zoned R-4
West: Rock Creek Multi-family Development, zoned R-15
c. History of Previous Actions: In 2006 the subject property was granted rezone (RZ-06-004)
approval by City Council with an R-15 and L-O zoning districts. A development agreement was
approved with the rezone (instrument no. 107033606). Concurrently, a preliminary plat (PP-06-
021)consisting of 6multi-family building lots, 1 church lot and 2 common lots was approved and
a conditional use permit (CUP-06-014) was approved consisting of a 24-unit multi-family
development.
In 2006, a certificate of compliance (CZC-06-135) was approved that authorize the relocation of
5,440 square foot building and parking lot improvements on the church property.
In 2007, City Council approved the Rushmore Subdivision final plat (FP-07-010). The final plat
consisted of 6multi-family lots, 1 church lot and 2 common lots.
Since the plat was never recorded and the multi family development did not commence with
permanent footings, all multi family approvals have expired.
d. Utilities
1. Public Works:
Location of sewer: Sanitary sewer to serve this development exists in W. Broadway Avenue.
Location of water: Domestic water to serve this development exists in W. Broadway Avenue.
Issues or concerns: Due to fire flow and redundancy needs, applicant will be required to loop
the domestic water main near the SW corner of the development into Rock Creek, or
alternately to the north across the Nine Mile Creek.
e. Physical Features:
1. Canals/Ditches Irrigation: The Nine Mile Creek separates the church parcel and the prosed
multi-family development and the Rutledge Lateral transverse the south boundary. The
Rutledge Lateral is already tiled. The Nine Creek will remain open as it is a protected
waterway and does not require tiling.
2. Hazards: Staff is not aware of any hazards that exist on the property.
3. Flood Plain: Portions of the property are within the Nine Mile Creek flood plain.
4. Topography: NA
Rushmore PP-12-019, CUP-12-014 & ALT-12-008 PAGE 3
EXHIBIT A
7. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Office" and "Medium Density Residential" on the Comprehensive
Plan Future Land Use Map.
The church parcel is designated as office and is zoned L-O consistent with the land use
designation.
The portion of this site designated for medium density residential is anticipated to contain three to
eight dwelling units per acre. The multi-family portion of the subject property is currently zoned
R-15. The Unified Development Code (UDC) allows a maximum of 15 dwelling units to the acre.
The applicant is proposing to subdivide the southern portion of the property into three (3) multi-
family lots and develop three (3) eight-plex 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. Since
the church is zoned appropriately, the proposed multi-family development complies with the
density requirements of the underlying zoning district and the property the west is developed with
multi-family, staff is of the opinion the proposed development complies with the Comprehensive
Plan.
Staff finds the following comprehensive plan policies to be applicable to the proposed
development (staff analysis in italics below policy):
• Require new residential development to meet development standards regarding landscaping,
signage, fences and walls, etc (3.05.0X, Chapter 3, pg. 52).
The proposed multi family must comply with the landscape standards set forth in UDCII- 4-
3-27avd UDC 11-3B-8. The submitted plans substantially comply with these regulations. The
fencing proposed along the north, east and south boundary must comply with the standards
outlined in UDC 11-3A-7. The fencing along the Nine Mile Creek must be 6 foot chain link in
accord with the standards outlined in UDC 11-3A-6.
• 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).
The subject property is within the City and urban services are available to be extended to the
site. The existing church is currently connected to City services.
• Protect existing residential properties from incompatible land use development on adjacent
parcels (Chapter 3, page 52).
This is an infill parcel with the properties adjacent to the subject site varying in density and
housing type. North of the site (across Pine Ave) are existing single family dwellings. East of
the site is a single family subdivision. West of the site is a mixed-use development with multi-
family dwellings. Staff believes that the proposed development should be compatible with the
existing land uses.
• Support a variety of residential categories (low-, medium-, medium-high and high-density
single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the
purpose of providing the City with a range of affordable housing opportunities.
This area is developed with a broad range of housing. The addition of the multi family
development should broaden the diversity in the area.
• Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and
Jackson and Evans drainages) throughout commercial, industrial and residential areas
(S.O1.OlE, Chapter 5, page 69).
Rushmore PP-12-019, CUP-12-014 & ALT-12-008 PAGE 4
EXHIBIT A
The Rutledge Lateral and the Nine Mile Creek course through or are adjacent to this site.
Staff believes that the Nine Mile Creek should be protected and enhanced by being left open
and by the applicant constructing a pathway adjacent to the Nine Mile Creek.
• Require street connections between subdivisions at regular intervals to enhance connectivity
and better traffic flow. (3.03.03C, Chapter 3, page 48)
The project to the west, Rock Creek, has not provided opportunities for the subject site to
provide vehicular connectivity (no stub streets or driveways). However, two stub streets were
provided to this site from the east. The applicant is proposing to extend one of the two stub
streets into this site. This proposal will provide interconnectivity with the subdivisions to the
east.
• 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,
Chapter 3. Pg. 48).
The adjacent project to the west, Rock Creek, has provided a pedestrian connection to this
site along the north side of the Nine Mile Creek. The UDC requires the extension with the
development of the church property. At the time development is proposed along the north side
of the creek, the multi-use pathway shall be constructed in accord with the standards outlined
UDC 11-3A-8 and UDC I1-3B-12. Additionally, the applicant is platting a common lot over
the Rutledge Lateral easement adjacent to the railroad corridor. The City's Master Pathways
Plan contemplates a pathway along the railroad corridor. At present, Union Pacific is not
amenable to allowing the pathway within its right-of--way. Staff believes the proposed
common lot could be developed with amulti-use pathway. If the city is unable to negotiate the
pathway placement within the UP's easement, this lot provides a secondary means for the
City to construct the pathway. The addition of the two pathways will enhance neighborhood
connectivity in the area.
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 Zones:
LIMITED OFFICE DISTRICT (L-O) -The purpose of the Commercial Districts is to provide for
the retail and service needs of the community in accord with the Meridian Comprehensive Plan.
Six 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.
MEDIUM-HIGH DENSITY RESIDENTIAL DISTRICT (R-15): -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: Table 11-2B-21ists churches as a principally permitted use in the L-O
zone. Table 11-2A-2 lists 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 11-2B-3 and UDC 11-2A-7 for the L-O and R-15 zoning districts.
Rushmore PP-12-019, CUP-12-014 & ALT-12-008 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 two stalls in a covered carport or garage. Based on the unit mix (twelve (12) two-bedroom
units and twelve (12) three-bedroom units), 48 covered parking stalls are required. The applicant
has proposed 48 covered parking stalls and 5 uncovered parking stalls which meets the parking
requirements of the UDC.
9. ANALYSIS
Analysis of Facts Leading to Staff Recommendation:
Preliminary Plat (PP): In 2006, a preliminary plat for this site was approved by the City. A
final plat was never recorded. To legitimize both the church property and the multi-family
property, Staff has requested both owners be party to the preliminary plat. Staff has
received authorization from the church requesting the church property be part of the
subject subdivision application. The applicant is aware of the church's request and supports
the request as well. Prior to the City Council hearing, Staff anticipates an amended plat
which includes the church property as a lot and block within the subdivision. No
development is proposed for the church property. NOTE: The church lot and the multi-
family lots may be phased; they do not have to be final platted concurrently.
The submitted preliminary plat consists of three (3)multi-family lots and two (2) common lots.
The revised plat will include an additional buildable lot for the church. The three (3)multi-family
lots are proposed to develop with three (3) two story apartment buildings containing a total of
twenty-four (24) units; twelve (12) two bedroom units and (12) three bedroom units. All of the
lots comply with the dimensional standards of the R-15 zone. Gross density proposed for this
project is 15 dwelling units.
There is a large waterway, Nine Mile Creek, bisects the church site from the multi-family site.
The church site/lot currently has access from Pine Avenue and W. Idaho Avenue. Access to the
proposed multi-family development is provided from W. Broadway Avenue. As part of the
subdivision improvements, the applicant will be responsible for the construction of an ACHD-
approved cul-de-sac at the terminus of W. Broadway Avenue. Prior to signature on the final plat,
the applicant shall provide adequate turn around for the properties.
Common Lot 1, Block 1 provides ingress/egress for all of the multi-family lots. The applicant
must 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 20-foot wide landscape buffer adjacent to Pine Avenue was installed with the addition to the
church per the previous approvals. No additional landscape is required for the church property at
this time. A 20-foot wide landscape easement shall be depicted on the church lot on the revised
plat. The church will continue to be responsible for maintaining the landscape buffer along Pine
Avenue. The landscape requirements for the multi-family development will be reviewed via the
multi-family standards below. The UDC does not require landscape buffers adjacent to local
streets for residential developments.
Ditches, Laterals, and Canals: The Nine Mile Creek and the Rutledge Lateral course through
or are adjacent to this site. UDC 11-3A-6 requires natural waterways to be left open as a natural
amenity and for irrigation ditches, laterals, canals and drains that are not being used as an amenity
to be piped or otherwise covered. The Nine Mile Creek is a natural waterway that should be
Rushmore PP-12-019, CUP-12-014 & ALT-12-008 PAGE 6
EXHIBIT A
protected and enhanced by leaving it open and constructing a pathway adjacent to it. Currently,
the Rutledge Lateral is piped in accord with the UDC.
Multi-use Pathway: The Master Pathways Plan prescribes a 10-foot wide multi-use pathway
along north side of the Nine Mile Creek. Once the church develops the portion of the property
adjacent to the Nine Mile Creek, the pathway will be required and developed in accord with UDC
11-3A-8 and UDC 11-3B-12.
Additionally, the City envisions a 16-foot wide pathway along the rail corridor within the Union
Pacific (UP) 200-foot wide easement. At this time, UP is not amenable to the construction of a
pathway within the ROW. However, the applicant is platted a 25-foot wide common lot along the
south boundary which could provide an alternative location for the pathway. Staff recommends
the applicant grant the city a public use easement to construct the pathway in the future.
Conditional Use Permit (CUP): A conditional use permit is requested for amulti-family
development in an R-15 zoning district in accord with UDC Table 11-2A-2. The proposed multi-
family development consists of three (3) two-story eight-plex structures containing a total of
twenty-four (24) dwelling units. Unit mix includes twelve (12) three-bedroom units and twelve
(12) two-bedroom units.
The specific use standards for multi-family developments 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 comply the
setback requirements.
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 enclosure adjacent
to a public street however it appears to be screened. With the submittal of the CZC
application the applicant shall provide a trash enclosure detail demonstrating
compliance with this requirement.
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. All of the units have 84 square feet of patio space.
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 office
building. One of the units will serve as the property manager's office. All other items are
also accounted for on the submitted site plan.
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 (12 - 2-bedroom units and 12
3-bedroom units), 48 covered parking stalls are required. The applicant is proposing 48
covered parking stalls and Suncovered parking stalls which exceeds this requirement.
The stall dimensions on the submitted measure 9' X 19' in accord with the parking
standards in the UDC. The applicant has the option ofprovided wheel stops for each of
Rushmore PP-12-019, CUP-12-014 & ALT-12-008 PAGE 7
EXHIBIT A
the 90 degree stalls or widening the landscape and or adjacent sidewalks by 2 feet to
allow for vehicle overhang. If the landscape buffers and or sidewalks adjacent to the
parking stalls were increased than wheel stops would not be to be required. Staff has
concerns with the close proximity of stall number 49 to the public sidewalk along W.
Broadway Avenue. If the stalls were reduced by 2 feet as allowed by ordinance, a vehicle
would not overhang the public sidewalk.
One bicycle parking space is required to be provided for every 25 proposed vehicle
spaces per UDC 11-3C-6G. The apartment buildings are designed with two entrances.
The applicant is provided a bike rack near the two entrances of each apartment building.
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 (966 square feet and 1,147 square
feet), a minimum of 6, 000 square feet of common open space is required. The proposed
project includes 7, 600 square feet of open space around the apartment buildings.
Additional open space is provided along the Nine Mile Creek and the planned amenity
area.
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) covered picnic area, 2) plaza, 3) a play structure, and 4) 1 SO square foot multi-
purpose building.
h. Elevations: Elevations are required to meet the architectural standards set forth in UDC
11-4-3-27E. The applicant is proposing to construct three (3) two-story eight plexes with
a same architectural design. The proposed buildings provide variations in the roofplanes
and provide modulation in the facades. Bay windows are also incorporated into the rear
facades.
All of the structures are proposed to incorporate a mix of building materials to include
the following: stucco wainscot, and three d~erent pattern variations of vinyl siding (see
Exhibit A. S). Although vinyl is discouraged by the UDC as a primary siding material, the
applicant has requested alternative compliance concurrent with the CUP application.
Staff supports the elevations as proposed (see alternative compliance analysis below).
The site will also house numerous carport structures. The applicant has provided a street
view of how the carports will be viewed. The applicant is proposing a mix of jlat roof and
gable roof carports to break the monotony of the metal structures. 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 as shown on the submitted
rendering.
i. Landscaping: Staff has reviewed the submitted landscape for compliance with the UDC.
The landscape plan prepared by Beckon Land Design, on 10-2-12, labeled Sheet L1.1, is
approved with the following modifications/notes:
• With CZC submittal, the applicant shall revise landscape so that it matches the new
site layout in Exhibit A.2.
Rushmore PP-12-019, CUP-12-014 & ALT-12-008 PAGE 8
EXHIBIT A
No trees shall encroach into the 10-foot wide sewer easement adjacent to the north
portion of the eastern boundary of Lot 1, Block 1. The applicant must submit
alternative compliance application to relocate the trees elsewhere on the site.
All stormwater detention facilities incorporated into the approved open space are
subject to UDC 11-3B-11 and shall be fully vegetated with grass and trees. Sand,
gravel or other non-vegetated surface materials shall not be used in open space lots,
except as permitted under UDC 11-3B-1 L If the stormwater detention facility cannot
be incorporated into the approved open space and still meet the standards of UDC 11-
3B-11, then the applicant shall relocate the facility. This may require losing a
developable lot or developable area.
• 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.
• A written certificate of completion shall be prepared by the landscape architect,
designer, or qualified nurseryman responsible for the landscape plan and submitted
prior to City Council signature of the Final Plat. All standards of installation shall
apply as listed in UDC 11-3B-14.
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. The final plat must be recorded prior to issuance of a building permit
for any of the proposed structures. Any future development on the church properly will also
require CZC approval from the Planning Department.
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.
Alternative Compliance (ALT): The applicant is requesting alternative compliance to use vinyl
siding as the primary finish material for all of the three residential buildings. UDC 11-3A-19.2.b
restricts vinyl siding as an accent material. However, the Meridian Design Manual (E-2.5.2.4.2.)
states vinyl siding may be appropriate if it creates interest in the design by using a mix of material
patterns (e.g. board and batten, horizontal and vertical lap and cedar shake), colors and accented
corners.
Unified Development Code (UDC) 11-3A-19B allows for an applicant to submit an alternative
compliance if they can meet the requirements set forth in UDC 11-SB-5. The purpose of
administrative design review, among others, is to encourage high quality building design that
employs the use of good design principles and features quality, durable materials.
For maintenance purposes, the applicant is proposing a mix of vinyl siding patterns and stucco
wainscot. The proposed vinyl siding patterns include board and batten, shake and vertical lap
siding in three different color tones. The Meridian Design Manual (E.2.5.2.4) encourages
incorporating a mix of materials and color changes to promote a quality appearance and
character. After reviewing the applicant's proposal, staff finds the proposal to use a mix of vinyl
Rushmore PP-12-019, CUP-12-014 & ALT-12-008 PAGE 9
EXHIBIT A
siding meets the intent of the Meridian Design Manual and contributes to the overall building
design. Thus, the use of vinyl siding as the primary siding material is approved.
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 Revised
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
Rushmore PP-12-019, CUP-12-014 & ALT-12-008 PAGE 10
EXHIBIT A
A. Drawings
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Rushmore PP-12-019. CUP-12-014 & AL"1~-12-008 PALL' 10
EXHIBIT A
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Rushmore PP-12-019, CUP-12-014 & ALT-12-008 PAGE 11
EXHIBIT A
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Rushmore PP-12-019, CUP-12-014 & ALT-12-008 PAGE 12
EXHIBIT A
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Rushmore PP-12-019, CUP-12-014 & ALT-12-008 PAGE 13
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Rushmore PP-12-019, CUP-12-014 & ALT-12-008 PAGE 14
EXHIBIT A
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Rushmore PP-12-019, CUP-12-014 & ALT-12-008 PAGE 15
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B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 Preliminary Plat -Site Specific Conditions of Approval
1.1.1 Applicant shall meet all terms of the recorded development agreement (instrument #107033606).
1.1.2 The preliminary plat, prepared by Tealey's Land Surveying, dated 10/12/12, 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 multi-family complex
(Lotl, Block 1).
• Maintenance of all multi-family common areas shall be the responsibility of the
Rushmore Subdivision Homeowners' Association.
• Prior to the City Council hearing, the applicant shall revise the plat and include the
church property to the north as a lot and block within the proposed subdivision.
• Other than the public street access approved by ACRD, direct lot access to W. Pine
Avenue is prohibited. A note shall be placed on the final plat restricting access to W. Pine
Avenue.
• Prior to signature on a final plat, the applicant shall provide a turn around at the terminus
of W. Idaho Avenue and W. Broadway Avenue per the Fire Department and ACHD
standards.
• Prior to signature on a final plat, the applicant shall grant the City a public use easement
to construct a 16-foot multi-use pathway in the future within Lot 5, Block 1.
• Depict a 20-foot wide landscape buffer easement along the church lot/property.
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. The vinyl fencing
proposed adjacent to the parallel stalls (northern portion of the east boundary) shall be removable.
Coordinate with the Public Works Department on the requirements.
1.1.4 The applicant shall record a final plat(s) prior to obtaining a building permit.
1.1.5 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
1.1.6 With future Church expansion construction of a10-foot pathway along the north side of Nine Mile
Creek will be required.
1..1.7 The applicant shall coordinate all subdivision improvements with the Nampa Meridian Irrigation
District.
1.1.8 A portion of this development lies within the Meridian Floodplain Overlay District. The
applicant will be required to submit a Floodplain Development Permit and secure approval before
any construction can begin. Permit approval may require development of Base Flood Elevations,
mapping of the floodplain and / or floodway boundaries, and analysis of the effect of the
development on the floodplain. Applicant should reference City Flood Damage Prevention Code
and coordinate with the Floodplain Administrator to verify requirements.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the L-O and R-15 zoning districts listed
in UDC Chapter 2 District regulations.
Rushmore PP-12-019, CUP-12-014 & ALT-12-008 PAGE 16
EXHIBIT A
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 DRA, labeled A0.1, dated 06/07/12, is approved, with the conditions
listed herein. The applicant shall revise the site plan as follows:
• Provide the common open space as proposed on the site plan.
• Future buildings must comply with the setbacks proposed on the site plan.
• 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.
• 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 l l-
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.
• Provide bicycle parking for each of the apartment buildings as proposed.
1.4.2 The landscape plans, prepared by Breckon Land Design, dated 10/02/12, labeled L1.1 are
approved with the following change:
• All parking lot landscaping must be designed and installed in accord with UDC 11-3B-
8C.
• Landscaping along the foundation of the buildings shall comply with UDC 11-4-3-27-F.
• With CZC submittal, the applicant shall revise landscape plan so that it matches the new
site layout in Exhibit A.2.
• No trees shall encroach into the sewer easement adjacent to the north portion of the
eastern boundary of Lot 1, Block 1. The applicant must submit alternative compliance
application to relocate the trees elsewhere on the site.
• All stormwater detention facilities incorporated into the approved open space are subject
to UDC 11-3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other
non-vegetated surface materials shall not be used in open space lots, except as permitted
under UDC 11-3B-11. If the stormwater detention facility cannot be incorporated into the
approved open space and still meet the standards of UDC 11-3B-11, then the applicant
shall relocate the facility. This may require losing a developable lot or developable area.
• A written certificate of completion shall be prepared by the landscape architect, designer,
or qualified nurseryman responsible for the landscape plan and submitted prior to City
Rushmore PP-12-019, CUP-12-014 & ALT-12-008 PAGE 17
EXHIBIT A
Council signature of the Final Plat. All standards of installation shall apply as listed in
UDC 11-3B-14.
1.4.3 All parking stalls shall meet the dimensional requirements in accordance with UDC 11-3C-5.
Provide a minimum of 48 covered parking stalls.
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). The responsible party shall be a
single entity overseeing the entire multi-family development.
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 lot/parcel.
1.4.7 Per UDC 11-SB-SB2, the Director (at the applicant's request) approved the alternative compliance
regarding the use of vinyl siding as the primary building material. 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. At a
minimum, the apartment buildings shall have two color schemes and 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.
1.4.13 Staffls failure to cite specific ordinance provisions does not relieve the applicant of responsibility
for compliance.
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 the existing main in
West Broadway Avenue. 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
Rushmore PP-12-019, CUP-12-014 & ALT-12-008 PAGE 18
EXHIBIT A
provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-
grade is less than three feet than alternate materials shall be used in conformance of City of
Meridian Public Works Departments Standard Specifications.
2.2 Applicant shall be required to dedicate a sanitary sewer easement for the area within the boundary
of Rushmore Subdivision that is impacted by setting the west edge of the easement at 10-feet
west of the centerline of the existing sanitary sewer main paralleling the east boundary north of
West Broadway Avenue. Subdivision boundary fencing within the easement area shall be
installed with removable posts.
2.3 Water service to this site is being proposed from an extension of the existing main in West
Broadway Avenue. Due to fire flow and redundancy needs, the applicant shall be responsible to
install an additional water connection to either the existing main in the Rock Creek Subdivision to
the west, or northerly across the Nine mile Creek. Applicant shall coordinate main size and
routing with Public Works, and execute standard forms of easements for any mains that are
required to provide service.
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.
Rushmore PP-12-019, CUP-12-014 & ALT-12-008 PAGE 19
EXHIBIT A
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.
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 ACRD. 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 years. 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 ''/z" outlet face the main street or parking lot aisle.
Rushmore PP-12-019, CUP-12-014 & ALT-12-008 PAGE 20
EXHIBIT A
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.
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.
3.16 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).
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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 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.
4. POLICE DEPARTMENT
4.1 Applicant shall provide two open full access points into the complex at all times. A third
emergency access point shall be provided on the west side where the complex parking area and E.
Blue Tick align.
5. PARKS DEPARTMENT
5.1 Prior to signature on a final plat, the applicant shall grant the City a public use easement to
construct the pathway in the future within Lot 5, Block 1.
6. REPUBLIC 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);
£ Any roadway greater than 150 feet in length that is not provided with an outlet shall be
required to have an approved turn around.
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EXHIBIT A
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 (When possible, the enclosure should be designed with
an easy pedestrian access point other than the front gates to ensure less mess within
the enclosure as well as reduce gate damage)
7. ADA COUNTY HIGHWAY DISTRICT (ACRD COMMENTS PERTAIN TO THE PROPOSED MULTI-
FAMILY DEVELOPMENT. THE REVISED PLAT HAS BEEN TRANSMITTED FOR FURTHER REVIEW.)
7.1 SITE SPECIFIC CONDITIONS OF APPROVAL
7.1.1 Construct the 3 driveways located at approximately 80-feet on the north side, approximately 110-
. feet on the west side, and approximately 50-feet on the south side of Broadway Avenue.
7.1.2 Extend Broadway Avenue into the site and construct a cul-de-sac turnaround with a turning
radius of 50-feet and 5-foot wide attached sidewalk.
7.1.3 Construct each driveway a maximum width of 30-feet and pave the driveways their full width and
at least 30-feet into the site.
7.1.4 Payment of impacts fees are due prior to issuance of a building permit.
7.1.5 Comply with all Standard Conditions of Approval.
7.2.1 STANDARD CONDITIONS OF APPROVAL
7.2.2 Any existing irrigation facilities shall be relocated outside of the right-of--way.
7.2.3 Private sewer or water systems are prohibited from being located within any ACRD roadway or
right-of--way.
7.2.4 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.
7.2.5 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.
7.2.6 A license agreement and compliance with the District's Tree Planter policy is required for all
landscaping proposed within ACRD right-of--way or easement areas.
7.2.7 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.
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EXHIBIT A
7.2.8 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.
7.2.9 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.10 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.
7.2.11 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.
7.2.12 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.
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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 if the church property is part of the subdivision. (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;
The Commission recommends the 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 was not made 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
referenced public testimony presented to determine whether or not the proposed
development may destroy or damage a natural or scenic feature(s) of major importance of
which the Commission and staff are unaware.
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
Rushmore PP-12-019, CUP-12-014 & ALT-12-008 PAGE 25
EXHIBIT A
dimensional and development regulations of the R-15 district 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 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 uses 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 (provided the applicant complies with all UDC provisions.) The
Council referenced public testimony presented to determine whether or not the proposal
will adversely affect the other properties in 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 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.
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EXHIBIT A
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.
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 Council finds that the proposed development will not result in the destruction, loss or
damage of any natural feature(s) of major importance. The Council referenced public
testimony presented to determine whether or not the proposed development may destroy
or damage a natural or scenic feature(s) of major importance of which the Commission
and staff are unaware.
3. Alternative Compliance Findings:
In order to grant approval for alternative compliance, the director shall determine the
following findings:
1. Strict adherence or application of the requirements is not feasible; OR
Although the majority of the buildings will be sided with vinyl; the mixture of vinyl
siding, colors and stucco wainscot contributes to the overall building design as expressed
by the Meridian Design Manual.
2. The alternative compliance provides an equal or superior means for meeting the
requirements; and
Staff finds the alternative compliance demonstrates consistency with the Meridian Design
Manual. The variety in material patterns and tones of the vinyl siding creates a cohesive
design as expressed in the Meridian Design Manual.
3. The alternative means will not be materially detrimental to the public welfare or
impair the intended uses and character of the surrounding properties.
Staff finds that the proposed alternative will not be detrimental to the public welfare or
impair the use/character of the surrounding properties as the prosed building materials is
consistent with the surrounding developments.
Rushmore PP-12-019, CUP-12-014 & ALT-12-008 PAGE 27