Findings for Approval Red Tail CUPCITY OF MERIDIAN E IDIAN~--
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND IDAHO
DECISION & ORDER
In the Matter of the Request for Conditional Use Permit for aMulti-Family Development in an R-
15 Zoning District, Located at the Southeast Corner of E. Victory Road and S. Meridian Road (SH
69) , by W. H. Moore Company.
Case No(s). CUP-13-005
For the Planning & Zoning Commission Hearing Date of: June 6, 2013 (Findings on June 20, 2013)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of June 6, 2013, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of June 6, 2013, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of June 6, 2013,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of June 6, 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 (LC. §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
upon the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-13-005
Page 1
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of June 6, 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:
1. 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 June 6, 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 June 6, 2013
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-13-005
Page 2
By action of the Planning & Zoning Commission at its regular meeting held on the O~ D ~ r~day of
2013.
COMMISSIONER STEVEN YEARSLEY, CHAIRMAN VOTED__ ~~~~~-~'l.
COMMISSIONER JOE MARSHALL, VICE CHAIRMAN VOTED_ 1 '~~(~G~,
COMMISSIONER MICHAEL ROHM VOTED_ ~~
COMMISSIONER SCOTT FREEMAN VOTED__`~~P~,
COMMISSIONER MACY MILLER VOTED_ ~ ~~°~-~.
Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney.
By: ~;~, /' ~~ ~~o Dated:
City Clerk's Office
~ ~-13
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-13-005
Page 3
EXHIBIT A
STAFF REPORT
HEARING DATE
TO:
FROM:
June 6, 2013
Planning & Zoning Commission
E IDIAN~--
1DAH0
SUBJECT:
Sonya Wafters, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
CUP-13-005 -Red Tail Communities
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, W. H. Moore Company, has applied for a conditional use permit (CUP) fora multi-
family development in the R-15 zoning district for Red Tail Communities as required by UDC Table
11-2A-2. See Section VIII, Analysis, for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed CUP application with the conditions of approval 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 June 6, 2013. At the public
hearing, the Commission moved to approve the subiect CUP request.
a. Summary of Commission Public Hearing:
i. In favor: Jonathan Seel, Randy Fullmer
ii. In opposition: Billy Edwards
iii. Commenting: None
iv. Written testimony: Jonathan Seel
v. Staff presenting application: Sonya Waters
vi. Other staff commenting on application: None
b. Kev Issues of Discussion by Commission:
i. Timing of completion of the site amenities;
ii. Building materials for the multi-family structures;
iii. Timing of construction of the sound attenuation wall;
iv. Minimum size of the clubhouse.
c. Kev Commission Changes to Staff Recommendation:
i. Modify condition #1.1.4 to change the minimum size of the clubhouse to 4,800
square feet.
ii. Modify condition #1.1.5 to require all of the site amenities to be constructed
prior to the twelfth structure obtaining Certificate of Occupancy, or within one
year after the Certificate of Occupancy is issued for the clubhouse, whichever
occurs first.
iii. Modify condition #1 1 13 to allow the sound attenuation wall to be constructed
prior to issuance of Certificate of Occupancy for the two most westerly
buildings.
Red Tail Community CUP-13-005 PAGE 1
EXHIBIT A
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number CUP-13-
005 as presented in the staff report for the hearing date of June 6, 2013, with the following
modifications: (Add any proposed modifications.) Ifurther recommend Staff to prepare Findings of
Fact and Conclusions of Law & Order for the hearing date of June 20, 2013.
Denial
After considering all staff, applicant and public testimony, I move to deny File Number CUP-13-005,
as presented during the hearing on June 6, 2013, for the following reasons: (You should state specific
reasons for denial.)
Continuance
I move to continue File Number CUP-13-005 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property is located at the southeast corner of S. Meridian Road (State Highway 69)
and E. Victory Road, in the northwest'/4 of Section 30, Township 3 North, Range 1 East.
B. Applicant:
W. H. Moore Company
1940 Bonito Way, Ste. 160
Meridian, Idaho 83642
C. Owner:
Red Tail Communities, LLC
1940 Bonito Way, Ste. 160
Meridian, ID 83642
D. Representative:
Jonathan Seel, W. H. Moore Company
1940 Bonito Way, Ste. 160
Meridian, ID 83642
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a conditional use permit which requires a public hearing before the
Planning & Zoning Commission, consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: May 20, and June 3, 2013
C. Radius notices mailed to properties within 300 feet on: May 16, 2013
D. Applicant posted notice on site by: May 23, 2013
VI. LAND USE
A. Existing Land Use(s): This site is currently vacant/undeveloped.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
Red Tail Community CUP-13-005 PAGE 2
EXHIBIT A
North: Victory Road, Fuel facility/convenience store and landscape nursery, zoned C-G
South: Undeveloped property, zoned R-8
East: Undeveloped property (recently approved for single-family residential), zoned R-4
West: Meridian Road (SH 69) and rural residential properties, zoned RUT in Ada County
C. History of Previous Actions:
• On January 17, 2013, a comprehensive plan amendment (CPAM-12-005) was approved to
change the future land use map designation on 16.32 acres of land from medium density
residential to medium-high density residential.
• On March 26, 2013, a) rezone (RZ-13-002) from C-N and TN-C to R-15; a preliminary plat
(PP-13-003) which included one multi-family building lot for this site; and a development
agreement modification (MDA-13-002) to remove the subject property from the
Cavanaugh development agreement (DA) was approved. A new DA was required as a
provision of rezone, recorded as Instrument No. 113041512.
• A final plat (FP-13-017) which included one multi-family building lot for this site was
approved by City Council on May 22, 2013.
D. Utilities:
a) .Location of sewer: Sanitary sewer to serve the subject site exists directly adjacent in E.
Victory Road.
b) Location of water: Domestic water to serve the subject site exists directly adjacent in E.
Victory Road.
c) Issues or concerns: The subject site is obligated to pay $1,465.56 per acre to proportionally
offset costs incurred by the City of Meridian for the Victory Road Gap Sewer Project. Said
payment must be received prior to obtaining the City Engineer's signature on any final plat.
E. Physical Features:
1. Canals/Ditches Irrigation: The Ridenbaugh canal runs along the southern boundary of this
site.
2. Hazards: Staff is unaware of any hazards that may exist on this site.
3. Flood Plain: This property does not lie within the floodplain or flood way.
VII. COMPREHENSIVE PLAN ANALYSIS
The Future Land Use Map (FLUM) contained in the Comprehensive Plan designates this site as
Medium High Density Residential (MHDR). The MHDR designation allows for the development of a
mix of relatively dense residential housing types including townhomes, condominiums and
apartments. Residential gross densities should range from 8 to 15 dwelling units per acre, with a
target density of 12 units per acre. These are relatively compact areas within the context of larger
neighborhoods and are typically located around or near mixed use commercial or employment areas
to provide convenient access to services and jobs for residents. Developments need to incorporate
high quality architectural design and materials and thoughtful site design to ensure quality of place
and should also incorporate connectivity with adjacent uses and area pathways, attractive landscaping
and individual project identity (pgs. 20-21).
The applicant proposes to develop this site with an apartment complex consisting of 220 residential
units resulting in a gross density of 15.12 dwelling units per acre consistent with the density allowed
in MHDR designated areas.
Red Tail Community CUP-13-005 PAGE 3
EXHIBIT A
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
• "Require landscape street buffers for new development along all entryway corridors."
(2.01.02E, pg. 13)
A 35 foot wide landscape buffer is required along S. Meridian Road, an entryway corridor in
accord with the standards listed in UDC 11-3B-7C Landscape Buffers along Streets as depicted
on the landscape plan.
• "Use the Comprehensive Plan, the Unified Development Code, and the Design Manual to
discourage strip development, and encourage clustered, landscaped business or residential
development on entryway corridors." (2.01.02D, pg. 13)
Future development of this site as a multi family development adjacent to Meridian Road, an
entryway corridor, is required to comply with UDC landscape and design standards and design
guidelines in the Design Manual in accord with the Comprehensive Plan.
• "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 future development of multi family residential dwelling units on this site consisting of 1, 2,
and 3 bedroom units will provide rental options for individuals with varying income levels.
• "Locate high-density development, where possible, near open space corridors or other
permanent major open space and park facilities, Old Town, and near major access thoroughfares."
(3.07.02, pg. 55)
An apartment complex is proposed on this site at the corner of S. Meridian Road (SH 69), an
entryway corridor, and E. Victory Road, an arterial street, both major access thoroughfares in
the City. The Ridenbaugh Canal runs along the southern boundary of the site where a section of
the City's multi-use pathway system will be located (on the south side of the Ridenbaugh on the
adjacent property to the south).
• "Provide a walkable community through good design." (2.O1.OlA, pg.13)
Pedestrian walkways are proposed throughout the development for access to each apartment
building, the central common area and site amenities, and the sidewalk along E. Victory Road.
VIII. 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-15 zoning district, in accord with UDC Table 11-2A-2.
The development is proposed to consist of 20 apartment buildings, 2 to 3 stories in height, with a
combination of (40) 3-bedroom/3-bathroom units; (116) 2-bedroom/2 bathroom units; and (64) 1
bedroom/1 bathroom units for a total of 220 dwelling units. A total of (5) 8-bay garage structures
are proposed for parking. A 5,261 s.f. community clubhouse with a leasing office, pool area with
cabana, on-site maintenance shop, several covered ramadas, a playground, and sports courts
(bocce ball and volleyball) are proposed as amenities.
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:
Red Tail Community CUP-13-005 PAGE 4
EXHIBIT A
• A minimum of 80 square feet (s.£) of private useable open space is required to be
provided for each unit. The floor plan for the 2 and 3 bedroom unit show 97 sf. of patio
area; the floor plan for the 1 bedroom units show 113 sf. of patio area, which complies
with this requirement.
• 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 property management/leasing office and mailboxes are proposed to be
located in the clubhouse; a maintenance shop is proposed at the southeast corner of the
site; and a directory map is proposed within a landscape island at the entrance of the
complex.
• 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; and 350 s.f. of outdoor
common open space is required for each unit containing more than 1,200 s.f. of living
area. All of the proposed 1 and 2 bedroom units (180 units) contain between S00 and
1,200 sf. of living area. The 3 bedroom units (40) contain over 1,200 sf. of living area.
Therefore, 59, 000 sf. (or 1.35 acres) of outdoor common open space is required to be
provided for the development. A total of 2.55 acres of common open space is proposed 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-
family developments with more than 100 units, the decision making body shall require
additional amenities commensurate to the size of the proposed development. The
amenities depicted on the site plan include (6) ramadas, a playground, gas grills in five
locations, a clubhouse, a cabana, a swimming pool, a bocce ball court, a volleyball
court, and walking paths in compliance with this requirement.
• 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 I1-3A-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. Landscaping appears to be provided in accord with this
requirement. However, staff is unable to verb the type of plantings as they are not called
out on the plan. 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.
Red Tail Community CUP-13-005 PAGE 5
EXHIBIT A
Dimensional Standards: The proposed development is required to comply with the dimensional
standards of the R-15 zoning district listed in UDC Table 11-2A7 and UDC 11-4-3-27. Staff has
reviewed the proposed site plan and found it in compliance with the aforementioned standards.
Access: One access is depicted on the site plan via E. Victory Road and one driveway stub is
depicted to the east to connect to the single-family residential development planned to be
constructed on the adjacent property. No access via Meridian Road (SH 69) is proposed or
approved. The proposed access via Victory Road was approved by the City and ACRD with the
preliminary plat (PP-13-003).
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 of those being in a covered carport or garage. For 2-3 bedroom units, 2 parking spaces are
required per d.u.; at least one of those in a covered carport or garage.
There are (64) 1-bedroom units; (116) 2-bedroom units; and (40) 3-bedroom units proposed on
the site. Therefore, a minimum of 408 parking spaces are required to be provided; 220 of which
in a covered carport or garage. The site plan depicts 48 garage spaces, 225 carport spaces, and
176 uncovered spaces for a total of 449 spaces, which includes 10 handicap spaces.
One bicycle parking space is required to be provided for every 25 proposed vehicle spaces per
UDC 11-3C-6G. Based on a total of 449 vehicle parking spaces, a minimum 18 bicycle parking
spaces are required to be provided. There are two bicycle parking facilities consisting of two
racks each depicted on the site plan, each capable of holding 22 bicycles for a total of 44 spaces.
Staff recommends that bicycle parking facilities be provided for each building or pair of
buildings if joined, and for the community center/common area in a number adequate to serve
the residents and visitors as applicable.
Multi-Use Pathway: Amulti-use pathway is required to be constructed on this site along S.
Meridian Road (SH 69) within a public use easement in accord with UDC 11-3H-4C.4. A multi-
use pathway is depicted on the site/ landscape plan. The site/landscape plan should be revised
to extend the Meridian Road pathway to the southern boundary of the site.
The developer is required to submit a public use easement for the pathway to the Planning
Division of the Community Development Department for approval by City Council prior to
signature on the final plat. The pathway is required to be constructed in its entirety with the first
phase of development (i.e. with the street buffer landscaping required with the final plat).
Noise Abatement: Noise abatement in the form of a berm or berm and wall combination is
required for residential uses along state highways in accord with the standards listed in UDC 11-
3H-4D. The landscape plan (sheet L1.7) depicts a 4-foot tall berm with a 6-foot tall vinyl fence
on top of the berm adjacent to S. Meridian Road (SH 69). The applicant states the fencing
material shown on the landscape plan is incorrect and that a sound attenuation wall will be
constructed in accord with the aforementioned standards.
A berm or berm/wall combination is required to be a minimum 10-foot higher than the
elevation at the centerline of the state highway. The wall is required to be constructed of an
impervious concrete or stucco or other appropriate sound attenuating material, shall have
color and/or texture and be staggered every 3001inear feet.
Landscaping: A 35-foot wide landscape street buffer is required along S. Meridian Road (SH
69), an arterial street & entryway corridor; and a 25-foot wide landscape street buffer is required
along E. Victory Road, an arterial street in accord with the standards listed in UDC 11-3B-7C.
The street buffers shown on the landscape plan comply with the required standards.
Red Tail Community CUP-13-005 PAGE 6
EXHIBIT A
Sidewalks: A minimum five-foot wide detached sidewalk is required to be constructed along E.
Victory Road as shown on the landscape plan in accord with UDC 11-3A-17. Staff recommends
the site and landscape plans be revised to include a pedestrian connection from the west end
of the development to the sidewalk along Victory Road.
Fencing: Fencing is depicted on the site plan (sheet SD-0.1) as follows: 4-foot tall wrought iron
along Victory Road; 5-foot all wrought iron around the perimeter of the pool area; 6-foot tall
wrought iron fence along the canal easement at the southern boundary of the site; and a 6-foot tall
sound barrier wall along S. Meridian Road. A 6-foot tall vinyl privacy fence is proposed to be
constructed along the east boundary with development of the single-family dwellings on the
adjacent property.
Waterways: The Ridenbaugh Canal lies off-site along the southern boundary of this site. The
irrigation district's access road for the canal lies on the subject property on the north side of the
canal. Fencing is proposed along the southern boundary of the site in accord with UDC 11-3A-
6B.
Building Elevations: Conceptual elevations were approved with the rezone and included in the
development agreement. A provision of the DA requires development of the site to substantially
comply with these elevations.
Building elevations for the multi-family structures, the clubhouse, garages, carports, maintenance
shop, ramadas, and cabana are included in Exhibit A.S. The form and design of the structures is
essentially the same as the concept drawings; however, the primary construction materials of the
multi-family structures have changed from stucco to horizontal lap cement board siding. To add
some variety, staff recommends the developer consider adding another style of siding as an
accent material.
Final design of the multi-family structures will be required to comply with the design standards
listed in UDC 11-3A-19, the guidelines contained in the Design Manual for residential
developments, the conditions in Exhibit B of this report, and the development agreement.
Common Open Space & Site Amenities: All multi-family developments over 5 acres in size are
required to provide open space & site amenities in accord with the standards listed in UDC 11-
3G-3. Aminimum of 10% qualified open space is required to be provided for the development in
accord with the standards listed in UDC 11-3G-3B in addition to that required with multi-family
developments. Developments less than 20 acres in size are required to provide a minimum of one
site amenity in addition to those required for multi-family developments per UDC 11-4-3-27D.
Based on 14.55 acres for the multi-family portion of the development, a minimum of 1.46
acres of qualified open space is required in addition to the 1.35 acres required for multi-
familydevelopments per UDC 11-4-3-27C. The plat depicts 2.55 acres, which is 0.26 of an
acre short. The applicant states that half of the street buffer along Meridian & Locust
Grove Roads was not included in the open space calculations as allowed. With this
additional area, the open space should meet the minimum required amount. Revised open
space calculations should be submitted that demonstrate compliance with this requirement.
As detailed above under specific use standards, site amenities are proposed in compliance with
this requirement. Site amenities within this development are also proposed to be shared with the
adjacent single-family development to the east.
The applicant did not submit a phasing plan showing when site amenities would be constructed in
relation to the timing of the residential structures. In order to ensure amenities exist to benefit the
initial residents, staff recommends all of the amenities be constructed prior to the eleventh
Red Tail Community CUP-13-005 PAGE 7
EXHIBIT A
structure obtaining Certificate of Occupancy or by July 15, 2014, whichever occurs first. Site
amenities should be constructed along with construction of the multi-family structures.
Staff is supportive of the proposed CUP with the conditions of approval included in Exhibit B.
IX. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Proposed Site Plan (dated: 5/9/13)
3. Proposed Landscape Plan (dated: 5/9/13)
4. Proposed Preliminary Plat
5. Proposed Building Elevations & Floor Plans (dated: 5/9/13)
B. Agency & Department Comments/Conditions
C. Required Findings from Unified Development Code
Red Tail Community CUP-13-005 PAGE 8
EXHIBIT A
Exhibit A.1: Vicinity Map
Red Tail Community CUP-13-005 PAGE 9
EXHIBIT A
Exhibit A.2: Proposed Site Plan (dated: 5/9/13)
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EXHIBIT A
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Red Tail Community CUP-13-005 PAGE 21
EXHIBIT A
B. Agency & Department Comments/Conditions
1. PLANNING DEPARTMENT
1.1 Site Specific Conditions of Approval
1.1.1 Development of the site shall substantially comply with the site and landscape plans in
Exhibits A.2 & A.3 and the concept building elevations included in Exhibit A.S, the
conditions of approval listed herein, the provisions of the development agreement (Instrument
No. 113041512), 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 minimum 3~f 4,800 square-foot clubhouse, a swimming pool, a
cabana, six (6) ramadas, a playground, gas grills, a bocce ball court, a volleyball court,
maintenance shop, and pathways throughout the development.
1.1.5 All of the site amenities shall be constructed prior to the ~ twelfth structure obtaining
Certificate of Occupancy or within one (1) year after the Certificate of
Occupancy is issued for the clubhouse, whichever occurs first. Site amenities should be
constructed along with construction of the multi-family structures.
1.1.6 Bicycle parking facilities shall be provided for the clubhouse and common area and for each
multi-family structure, or pair of structures if joined, in a number adequate to serve the
residents of each structure. Bicycle parking facilities shall be designed and installed in accord
with the standards listed in UDC 11-3C-SC.
1.1.7 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site.
1.1.8 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.
1.1.9 Off-street vehicle parking shall be provided on the site in accord with UDC Table 11-3C-6
for multi-family dwellings.
1.1..10 Access to/from the site shall be provided via E. Victory Road and from the east when the
single-family portion of Red Wing Subdivision is constructed. Access via Meridian Road is
prohibited per UDC 11-3A-3A.
1.1.11 Construct a 10-foot wide multi-use pathway along S. Meridian Road, extending from Victory
Road to the southern boundary of the property; the site and landscape plans shall be revised
accordingly.
1.1.12 A pedestrian connection from the west end of the development to the sidewalk along Victory
Road shall be provided; the site and landscape plans shall be revised accordingly.
1.1.13 A detail/cross-section of the berm and sound attenuation wall along S. Meridian Road (SH
69) that depicts the centerline of SH 69 shall be submitted with the first Certificate of Zoning
Compliance application for the site. Said berm/wall shall be constructed consistent with the
Red Tail Community CUP-13-005 PAGE 22
EXHIBIT A
standards listed in UDC 11-3H-4D. Said sound attenuation walUbuffer combination shall
be constructed prior to issuance of Certificate of Occupancy for the €rrst two westerly
structures.
1.1.14 In accord with UDC 11-4-3-27B.7, the site plan submitted with the first Certificate of Zoning
Compliance 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.
1.1.15 Landscaping along the foundation of the buildings shall comply with UDC 11-4-3-27-F.
1.1.16 A minimum of 2.81 acres of qualified open space shall be provided on the site in accord with
the standards listed in UDC 11-3G-3B and 11-4-3-27C.
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).
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 Bicycle parking spaces shall be consistent with the design standards 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.
1.2.16 Construct a berm or berm and wall combination consistent with the standards in UDC 11-3H-
4D.
Red Tail Community CUP-13-005 PAGE 23
EXHIBIT A
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.
1.3.3 The subject property adjoins a state highway (SH 69); access to the state facility is restricted
as set forth in UDC 11-3H-4B.
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(s).
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is available via extension of mains in W. Victory
Road. The applicant shall install mains to and through this subdivision; applicant shall coordinate
main size and routing with the Public Works Department, and execute standard forms of
easements for any mains that are required to provide service. Minimum cover over sewer mains
is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials
shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications. The subject site is obligated to pay $1,465.56 per acre to proportionally offset
costs incurred by the City of Meridian for the Victory Road Gap Sewer Project. Said payment
must be received prior to obtaining the City Engineer's signature on any final plat.
2.2 Water service to this site is available via extension of mains in W. Victory Road. The applicant
shall be responsible to install two water connections due to fire flow requirements. The applicant
shall be responsible to install water mains to and through this development, coordinate main size
and routing with Public Works.
2.3 The applicant shall provide a 20-foot common lot for all public water/sewer mains outside of
public right of way. The common lot shall be covered with a blanket easement to the City of
Meridian.
2.4 The 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 by the City Engineer.
2.5 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer.
Red Tail Community CUP-13-005 PAGE 24
EXHIBIT A
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 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.8 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
2.9 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.
2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, etc., prior to signature on the final plat.
2.11 All development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.12 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.
2.13 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.1.6 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.17 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.
2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1-foot above.
2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACHD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.20 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
Red Tail Community CUP-13-005 PAGE 25
EXHIBIT A
approved prior to the issuance of a certification of occupancy for any structures within the
project.
2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public
roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights
shall be installed at developer's expense. Final design shall be submitted as part of the
development plan set for approval. Applicant shall also include the location of any existing street
lights in the development plan set. Street lighting is required at intersections, corners, cul-de-sacs,
and at a spacing that does not exceed that outlined in the Standards. The contractor's work and
materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to
the ISPWC.
2.22 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.
2.23 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. POLICE DEPARTMENT
3.1 The Police Department has no comments on this application.
4. FIRE DEPARTMENT
4.1 Any newly installed Fire Department connections for sprinkler or standpipes will require locking
Knox box plugs.
4.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in
accordance with International Fire Code Section (IFC) 508.5.4 as follows:
a. Fire hydrants shall have the 4 '/2" outlet face the main street or parking lot drive aisle.
b. Fire hydrants shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
£ Fire hydrants shall be placed 18" above finished grade to the center of the 4 ''/z" outlets.
g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
4.3 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.
4.4 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
4.5 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a
vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1.
4.6 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.
Red Tail Community CUP-13-005 PAGE 26
EXHIBIT A
4.7 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.
4.8 The roadways shall be built to Ada County Highway District cross section standards and have a
clear driving surface. Streets less than 26' in width shall have no on-street parking; streets less
than 32' in width shall have parking only on one side. These measurements shall be based on the
drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of
13' 6". The roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth
in International Fire Code Section 503.2.1. and D103.6.1 and D103.6.2.
4.9 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire
Code Section 506. Provide a knox box on the community center.
4.10 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in
International Fire Code Section 505.1. Coordinate with the Fire Department on placement of
address signage on building.
4.11 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.
4.12 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets. IFC
102.9
4.13 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices
installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141,
Section A5.2.18.
4.14 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.
4.15 Ensure that any trees that overhang the drive aisles maintain a minimum vertical clearance of 13'6".
5. REPUBLIC SERVICES
5.1 Republic Services has requested the site plan be revised so that the trash dumpsters can be aligned
so they can be serviced by trucks in one direction to eliminate unsafe backing and an unnecessary
second lap through the complex The applicant is working with Republic Services on a revised
plan.
6. PARKS DEPARTMENT
6.1 The applicant shall design and construct the multi-use pathway along S. Meridian Road/SH 69
consistent with the location and specifications (Chapter 3) set forth in the Meridian Pathways Master
Plan unless otherwise approved by the Parks and Recreation Director.
6.2 The applicant shall have an ongoing obligation to maintain all pathways.
7. ADA COUNTY HIGHWAY DISTRICT
Comments have not yet been received from ACHD on this application.
Red Tail Community CUP-13-005 PAGE 27
EXHIBIT A
8. IDAHO TRANSPORTATION DEPARTMENT
8.1 No comments have been received from ITD on this application.
Red Tail Community CUP-13-005 PAGE 28
EXHIBIT A
C. Required Findings from Unified Development Code
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-15 zoning 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 Commission finds that the proposed multi-family residential use in the R-15 zone
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.
Red Tail Community CUP-13-005 PAGE 29
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.