Linder Springs CUP-13-008CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION AND ORDER
E IDIAN~-
IDAHO
In the Matter of Conditional Use Permit for aMulti-family Development Consisting of 96 Dwelling
Units Located near the Northeast Corner of W. McMillan Road and N. Linder Road in the C-G
Zoning District, by Linder Springs, LLC.
Case No(s). CUP-13-008
For the Planning and Zoning Commission Hearing Date of: August 15, 2013 (Findings on
September 5, 2013)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of August 15, 2013, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of August 15, 2013, incorporated by
reference)
3. Application and Properly Facts (see attached Staff Report for the hearing date of August 15,
2013, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of August 15, 2013, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified Development
Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan
of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this decision, which shall be
signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-13-008
Page 1
upon the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of August 15, 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 approved per the conditions of
approval in the attached staff report for the hearing date of August 15, 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 August 15, 2013
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-13-008
Page 2
B action of the Planning & Zoning Commission at its regular meeting held on the s~ day of
2013.
COMMISSIONER STEVEN YEARSLEY, CHAIRMAN VOTED Vyt-
COMMISSIONER JOE MARSHALL, VICE CHAIRMAN VOTED_`~~I~,
COMMISSIONER MICHAEL ROHM VOTED
COMMISSIONER SCOTT FREEMAN VOTED
COMMISSIONER MACY MILLER VOTED__~ `~~
Steven Yearsley, Ch ' an
Attest:
Jaycee olman, City Clerk
S~CORY01ZATpDy
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Copy served upon Applicant, The Planning Department, Pub irks Department and City Attorney.
B Dated: `~ l~ ` ~ ~j
Ci r1 's Office `~
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-13-008
Page 3
EXHIBIT A
STAFF REPORT
HEARING DATE: August 15, 2013 E IDIAN
TO: Planning and Zoning Commission 1 d A N 0
FROM: Bill Parsons, Associate City Planner
208-884-5533
SUBJECT: CUP-13-008 -Linder Springs
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Linder Springs, LLC, has applied for a conditional use permit (CUP) fora multi-
family development consisting of ninety-six (96) residential units. (See Section 9 for further
analysis.)
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B, based on the
Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report. The Meridian Planning
and Zoning Commission heard this item on August 15, 2013. At the public hearing, the
Commission voted to approve the subiect CUP request.
a. Summary of Commission Public Hearing:
i. In favor: Tamara Thompson
ii. In opposition: None
iii. Commenting: Monty Prow
iv. Written testimony: Monty Prow and Carl Miller
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on annlication: None
b. Key Issues of Discussion by Commission:
i. None
c. Key Commission Changes to Staff Recommendation:
i. Commission anaroved the revised building elevations dated 08/08/13.
ii. Commission modified condition of approval 1.1.4 omitting the requirement for
the 81/2" fascia for the carports however the applicant will work with staff
through the design review process on an appropriate fascia width.
iii. Commission modified condition of approva12.3 to requiring the utility design be
coordinated between the proiect engineer and the Public Works Department.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number CUP-13-
008, as presented in the staff report for the hearing date of August 15, 2013, with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number CUP-13-008,
as presented during the hearing on August 15, 2013, for the following reasons: (You should state
specific reasons for denial.)
Continuance
I move to continue File Number CUP-13-008 to the hearing date of (insert continued hearing date
Linder Springs CUP-13-008 PAGE 1
EXHIBIT A
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACT5
A. Site Address/Location:
The site is located near the northeast corner of N. Linder Road and W. McMillan Road in the SW
'/4 of Section 25, Township 4 North, Range 1 West. (Parcel No(s). 50425336050 &
81527270040)
B. Applicant:
Linder Springs, LLC
8312 W. Northview Street, Suite #120
Boise, ID 83704
C. Owner:
Brighton Corporation
12601 W. Explorer Drive, Suite #200
Boise, ID 83713
D. Representative:
Tamara Thompson, The Land Group Inc.
462 S. Shore Drive, Suite # 100
Eagle, ID 83616
E. Applicant's StatemendJustification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a conditional use permit. A public hearing is required before the
Planning and Zoning Commission on this matter, consistent with Meridian City Code Title 11,
Chapter 5.
B. Newspaper notifications published on: July 29, and August 12, 2013
C. Radius notices mailed to properties within 300 feet on: July 18, 2013
D. Applicant posted notice on site by: August 2, 2013
VI. LAND USE
A. Existing Land Use(s): The property is currently vacant commercial property.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Self-service storage facility, zoned C-G
South: Walgreens and vacant commercial property, zoned C-G
East: Planned single family residences (Paramount South 60 Subdivision), zoned R-8
West: Partially developed commercial property and N. Linder Road, zoned C-G
E. History of Previous Actions: The subject property was included in the annexation (AZ-03-006)
and conditional use permit/planned development (CUP-03-008) for Paramount Subdivision
approved in 2003. A development agreement (Instrument No. 103137116) was approved as a
provision of annexation.
In 2007, the property received preliminary plat approval (PP-07-011) as Paramount Commercial
Linder Springs CUP-13-008 PAGE 2
EXHIBIT A
Southwest Subdivision. Subsequent final plats (FP-08-001, FP-10-007, FP-12-019 and FP-13-
032) and development agreement modifications (MI-07- 007 and MDA-13-010) have been
approved as well. The most recent final plat configures the lot to develop the proposed multi-
family development.
D. Utilities:
a. Location of sewer: A sanitary sewer main that is intended to provide service to this
development exists in W. Deer Crest Street to the north.
b. Location of water: Domestic water mains that are intended to provide service to this
development are existing to the north in W. Deer Crest Street, as well as within the
commercial drive along the west and south.
c. Issues or concerns: Sanitary sewer and domestic water services must be extended though
this development. The applicant shall be required to abandon the existing sanitary sewer
and water main stubs that are located near the northeast corner of the development, and
install a new water main connection through the north entrance to W. Deer Crest Street.
E. Physical Features:
1. Canals/Ditches Irrigation: No major facilities impact the proposed development.
2. Hazards: Staff is not aware of any hazards that exist on this site.
3. Flood Plain: NA
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Commercial" on the Comprehensive Plan Future Land Use Map.
Chapter III (pg. 21-22) of the Comprehensive Plan contains a definition of the commercial
designation. This definition includes multi-family residential as an acceptable use in commercial
areas. This area is rapidly transitioning to a mix use development.
Although the comprehensive plan does not specify a maximum density for the proposed development
within the Commercial designation, the applicant is proposing 96-units on 6.84 acres. The gross
density of the proposed development is 14 units to the acre. Other single family densities in the area
are lower (between 3 to 8 units to the acre) however; the proposed development provides a transition
between the planned single family to the east and provides additional housing choices that are
currently lacking in the area.
Because the commercial designation encourages multi-family, additional housing choices are being
provided and the proposed multi-family housing provides a transition between the commercial uses to
the west and the planned single family to the east, staff finds that the proposed development is
consistent with the Comprehensive Plan.
Staff also finds the following Comprehensive Plan policies to be applicable to this properly and apply
to the proposed use (staff analysis in italics):
"Provide for a wide diversity of housing types (single-family, modular, mobile homes and
multi-family arrangements) and choices between ownership and rental dwelling units for all
income groups in a variety of locations suitable for residential development." (3.07.03B, pg.
56)
The proposed development will provide additional housing choices within the Paramount
development as contemplated by the approved Paramount planned development.
• "Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City." (3.01.O1F, pg. 45)
Linder Springs CUP-13-008 PAGE 3
EXHIBIT A
City services will be provided and extended with the development of this site.
• "Protect existing residential properties from incompatible land use development on adjacent
parcels." (3.06.O1F, pg. 53)
Stafffinds that this project acts as a good buffer between the commercial uses on Linder
Road and the planned single family residential development to the east. The UDC also
requires a 25 foot landscape buffer on the east boundary.
• "Require pedestrian access connectors in all new development to link subdivisions together
to promote neighborhood connectivity as part of a community pathway system." (3.03.03B,
pg. 48)
Multiple pedestrian connections to the north and the west are provided to link the
development to the adjacent sidewalks and the planned commercial and single family
developments to the west and east of the proposed development.
• "Encourage infill development in vacant/undeveloped areas within the City over fringe area
development to halt the outward progression of urban development.:" (5.01.02B, pg. 69)
The proposed development is an infill project consistent with this objective.
• "Elevate quality of design for houses and apartments; evaluate the need for design review
guidelines for single-family homes." (3.07.020, pg. 56)
The structures within the proposed development will be subject to the design standards in
UDC I1-3A-19 and the guidelines in the Meridian Design Manual.
• Reduce the number of existing access points onto arterial streets by using methods such as
cross access agreements, access management and frontage/backage roads (3.03.02N, Chapter
3, page 48).
The subject property does not have direct access to the adjacent arterial streets (Linder and
McMillan Roads). One new access point is proposed on W. Deer Crest Street (local street)
and two (2) other access points along the west boundary are proposed from an internal
commercial driveway through the recorded cross access agreement required with the
development of the commercial subdivision.
Based on the above analysis, staff is supportive of the proposed development as it is generally
consistent with the comprehensive plan.
VIII. UNIFIED DEVELOPMENT CODE
A. Schedule of Use: Unified Development Code (UDC) Table 11-2B-2 lists the permitted,
accessory, conditional, and prohibited uses in the C-G zoning district respectively. The proposed
multi-family development is listed as a conditional use in the C-G zoning district. The specific
use standards listed in UDC 11-4-3-27 for multi-family developments apply to development of
this site.
B. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-2 for the C-G
zoning district apply to development of this site.
C. Landscaping Standards:
1. Parking Lot Landscaping: All parking lot landscaping must comply with the standards set
forth in UDC 11-3B-8C.
2. A 10-foot wide landscape buffer is required adjacent to E. Deer Crest Street in accord with
UDC Table 11-2B-3. Said buffer must comply with the standards set forth in UDC 11-3B-7C.
Linder Springs CUP-13-008 PAGE 4
EXHIBIT A
3. A 25-foot landscape buffer is required adjacent to the east boundary in accord with UDC
Table 11-2B-3. Said buffer must comply with the standards set forth in UDC 11-3B-9C.
D. Parking Standards: UDC 11-3C-6A 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; at least one in a
covered carport or garage. For 2-3 bedroom units, 2 parking spaces; at least one in a covered
carport or garage.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
CONDITIONAL USE PERMIT (CUP): A conditional use permit is requested for amulti-family
development in a C-G zoning district in accord with UDC Table 11-2C-2. The proposed multi-
family development consists of sixteen (16) buildings; eight (8) four-plexes and eight (8) eight-
plexes structures containing a total of ninety-six (96) dwelling units and a clubhouse. Unit mix
includes (64) two-bedroom units and (32) three-bedroom units.
The applicant states in the narrative that the project will develop in four (4) phases. The first
phase will include the club house, three (3)eight-plexes west and north of the clubhouse and all
parking areas. The second phase will include two (2) eight-plexes and four (4) four-plexes to the
east and north of the clubhouse. The third phase will include one (1) eight-plea and four (4) four-
plexes at the southeast corner of the property and the final phase will include one (1) eight-plea at
the southwest corner of the property (see Exhibit A.3).
The main access to the development will be provided from W. Deer Crest Street and two internal
driveways that connect to the north/south private driveway constructed with Paramount
Commercial Southwest Subdivision No.2. A recorded cross access agreement is in place to serve
the proposed development. Access to the proposed development is consistent with the access to
streets standards set forth in UDC 11-3A-3.
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 11-2B-3 requires a greater
setback of 25 feet along the east boundary.) The building footprints along the east
boundary are setback 25 feet from the property boundary. The patios, screen walls and
the footings for the patio covers are allowed to encroach within the 25 foot setback.
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 trash enclosures are internal to the proposed development and will
have limited visibility from the site.
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 80 square feet of patio space (see Exhibit
A.4).
d. Developments with 20 units or more shall provide the following: the clubhouse will
have the required property A property management office, a maintenance storage area, a
central mailbox location (including provisions for parcel mail), and a directory and map
Linder Springs CUP-13-008 PAGE 5
EXHIBIT A
of the development at a convenient location. The clubhouse will have the property
manager's office, the required storage area and the mail box area. The directory map is
provided north of the dog park area, along the south side of the main driveway from W.
Deer Crest Street. The submitted site plan complies with this requirement of the UDC.
e. Parking: UDC 11-3C-6A requires off-street vehicle parking to be provided on the site.
For 2-3 bedroom units, 2 parking spaces; at least one in a covered carport or garage is
required. Based on the unit mix (64- 2-bedroom units and 32- 3-bedroom units), a
combined total of 192 covered and uncovered parking stalls are required. The applicant is
proposing a 9ncovered parking stalls and 109 uncovered parking stalls which exceed this
requirement.
UDC 11-3C-6G requires one bicycle parking space per every 25 parking spaces. Based
on this calculation; only nine (9) bike parks are required by ordinance. On submitted site
plan, five bike rack facilities are proposed,• however no details have been provided on
how many bikes can be supported by the five (S) central bike facilities. Based on the
dimension of the pad area (approximately 60 square feet), staff is of the opinion that the
five (S) central bike facilities can support approximately eight (8) bike per facility.
Additionally, the submitted floor plans depict a separate storage area for each dwelling
unit. For these reasons, staff believes that the site is adequately served by the proposed
number of bike park facilities however; with the submittal of certificate of zoning
compliance application the applicant must provide the specifications of the proposed bike
racks.
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.) Since the site exceeds five (S) acres in size, the applicant is
required to provide 10% open space in addition to the required open space for multi-
family developments. Based on the average unit size (1,200 square feet), a minimum of
24, ODD square feet of common open space is required plus 0.68 acre or 29, 612 square
feet. Staff has calculated the open space for the site and approximately1.48 acres of
qual~ing open space is proposed which is consistent with the open space requirements
of the UDC.
g. Amenities: All multi-family developments shall provide for quality of life, open space
and recreation amenities to meet the particular needs of the residents. UDC 11-4-3-27
requires multi-family developments with 75 units or more must provide a minimum of
four (4) amenities; one from each of the aforementioned categories. The applicant is
proposing the following qual~ing amenities: 1) club house with an 875 square foot patio
area, 2) fitness center within the club house, 3) a play structure, 4) dog play area and
numerous 50' x 100'open space areas. Details of the play structure must be submitted
with the certificate ofzoning compliance. Staff finds the proposed development complies
with the amenity requirements of the UDC.
h. Elevations: Elevations are required to meet the architectural standards set forth in UDC
11-4-3-27E. The applicant is proposing to construct multiple buildings on the site with
the same architectural design/theme. The proposed buildings provide variations in the
roof planes and provide modulation in the facades. All of the structures are proposed to
incorporate a mix of building materials to include the following: stone and decorative
wood pillars on the front and rear facades, three (3) wood siding materials (board and
batten, horizontal lap and shake), decorative trim, belly bands, wood trellis, architectural
Linder Springs CUP-13-008 PAGE 6
EXHIBIT A
shingles and metal roofing (see Exhibit A. S). Staff is supportive of the proposed building
designs and material choices. At a minimum, the applicant should incorporate two
distinct color palettes for the development and provide at least two body colors and one
trim color.
The site will also house seventeen (17) carport structures. The applicant is proposing a
flat roof design constructed of metal. To enhance the design of the carport the applicant
is proposing an 81/2 "fascia to emulate the belly band of the proposed multi family
structure and the metal material will contribute to the design theme of the multi family
structures. The Meridian Design Manual (E-2.3.2.4.) encourages carport designs that
complement the design of residential structures. Since the multiple carports will be
viewed from the adjacent commercial development to the west, staff is recommending the
applicant incorporate the 81/2 "fascia on all four sides of the carports. Further, the
proposed carports should be painted or powder coated to complement the overall color
scheme for the development.
Compliance with the aforementioned design changes will be required with the submittal
of a certificate of zoning compliance application.
i. Landscaping: Staff has reviewed the submitted landscape for compliance with the UDC.
The landscape plan, labeled Landscape Plan, is approved with the following
modifications/notes:
Parking lot landscaping is required to be provided in accord with the standards listed
in UDC 11-3B-8C. Each planter island that serves a single row of parking spaces is
required to be landscaped with at least one tree and shall be covered with low shrubs,
lawn, or other vegetative groundcover. The applicant must provide an internal planter
island in front of the eight-plea unit south of the tot lot or eliminate one parking stall
and add 1 tree to the planter island east of the proposed dog play area and add 1 tree
to the planter stripe along the main drive located in the southern portion of the
development.
The applicant is proposing fencing along the perimeter of the development as
follows:
^ 6-foot solid wood fencing along the east boundary and a portion of the south
boundary;
^ 4-foot solid wood fencing along W. Deer Crest Street and;
^ 4-foot wrought iron fencing along the west boundary and portion of the south
boundary.
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 certificate of occupancy. All standards of installation shall apply as listed in
UDC 11-3B-14.
j. Maintenance and Ownership Responsibilities: Per UDC 11-4-3-27G, a legally binding
document shall be recorded that states the maintenance and ownership responsibilities for
the management of the development, including, but not limited to, structures, parking,
common areas, and other development features. The applicant must comply with this
requirement and a single entity must manage the entire development.
Linder Springs CUP-13-008 PAGE 7
EXHIBIT A
Certificate of Zoning Compliance: The applicant is required to submit an application for
Certificate of Zoning Compliance for the proposed use prior to establishment of the new use in
accord with UDC 11-SB-1.
Design Review: The applicant is required to submit an application for Design Review concurrent
with the Certificate of Zoning Compliance application in accord with UDC 11-SB-8. The
proposed site design and structures shall be consistent with the standards listed in UDC 11-3A-19
and the guidelines listed in the Meridian Design Manual.
Summary: 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 in the UDC. Based on the aforementioned analysis, staff recommends
approval of the subject application.
X. EXHIBITS
A. Drawings
1. Vicinity Map
2. Proposed Site Plan (dated: 07/03/13)
3. Phasing Plan
4. Proposed Landscape Plan (dated: 07/03/13)
5. Proposed Building Elevations (dated: 08/08/13)
B. Conditions of Approval
1. Planning Division
2. Public Works Department
3. Fire Department
4. Police Department
5. Republic Services
6. Parks Department
7. Ada County Highway District
C. Required Findings from Unified Development Code
Linder Springs CUP-13-008 PAGE 8
EXHIBIT A
binder Springs CUP-13-008 PAGE 9
Exhibit A.1: Vicinity Map
EXHIBIT A
Exhibit A.2: Proposed Site Plan (dated: 07/03/13)
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EXHIBIT A
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Exhibit A.4: Proposed Landscape Plan (dated: 07/03/13)
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Linder Springs CUP-13-008 PAGE 12
EXHIBIT A
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Exhibit A.S: Proposed Elevations (dated: 08/08/13)
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binder Springs CUP-13-008 PAGE 13
FRONT ELEVATION INTERIOR VEW
P~RONT ELEVATION OETAL VEIW
EXHIBIT A
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 CONDITIONAL USE PERMIT -Site Specific Conditions of Approval
1.1.1 Paramount Commercial Southwest Subdivision No. 3 (FP-13-032) shall be recorded prior to
the issuance of a building permit for any structure within the complex.
1.1.2 The site plan prepared by The Land Group, dated 07/03/13, labeled "Concept Layout" is
approved with the following changes:
• Provide details of the proposed bike racks with the certificate of zoning compliance
submittal.
• The minimum setback to the adjacent residences (east boundary) shall be 25 feet as
proposed. The building foundations shall not encroach into the required setback.
1.1.3 The landscape plan prepared by The Land Group Inc., dated 07/03/13, labeled L1.00 is
approved with the following changes:
• Landscaping along the foundation of the buildings shall comply with UDC 11-4-3-27-F.
• Provide the open space and amenities as proposed on the landscape plan attached in
Exhibit A. With the submittal of a certificate of zoning compliance, the applicant shall
provide a detail of the play structure.
• Construct fencing on the site as proposed.
• Construct the landscape buffer adjacent to W. Deer Crest Street and the east boundary as
proposed.
• The applicant must provide an internal planter island in front of the eight-plea unit south
of the tot lot or eliminate one parking stall, add 1 tree to the planter strip east of the
proposed dog play area and add 1 tree to the planter strip along the main drive located in
the southern portion of the development in accord with UDC 11-3B-8C.
1.1.4 The building elevations attached in Exhibit A.4, dated 08/08/13 are approved with the
following changes:
• At a minimum, the applicant shall incorporate two distinct color palettes for the
development and provide at least two body colors and one trim color.
• The applicant shall work with staff through the design review process on an
appropriate fascia width ~hea~~°'~:reer;~te~17~~eizron all four
sides of the carports and paint or powder coat the carports to complement the
overall color scheme of the development.
1.1.5 The developer shall comply with the specific use standards for multi-family developments
listed in UDC 11-4-3-27.
1.1.6 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.
1.1.7 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site.
1.1.8 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
Linder Springs CUP-13-008 PAGE 14
EXHIBIT A
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.
1.1.9 Off-street vehicle parking shall be provided on the site in accord with UDC Table 11-3C-6
for multi-family dwellings. 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.
1.1.10 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.
1.1.11 Staff's failure to cite specific ordinance provisions or terms of approval of the Paramount
development does not relieve the applicant of responsibility for compliance. The applicant
shall comply with all prior conditions of approval for this site.
1.2 General Conditions of Approval
1.2.1 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. The outdoor
lighting shall have downward shielding on the building and the perimeter lighting shall
not impact the surrounding single family residences.
1.2.2 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.2.3 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-
12. All HVAC equipment shall be screened from the street.
1.2.4 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.
1.2.5 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.
1.2.6 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance
application and Design Review from the Planning Division, prior to submittal of building
permit application. NOTE: A CZC application may include one or more multi-family units on
a lot/parcel.
1.2.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-SJ.
1.2.8 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.
2. PUBLIC WORKS DEPARTMENT
2.1 A sanitary sewer main that is intended to provide service to this development exists in W.
Deer Crest Street to the north. Per Meridian City Code, the applicant shall install mains to
and through this development. 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 outside of a public right-of--way. 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 Domestic water mains that are intended to provide service to this development are existing to
the north in W. Deer Crest Street, as well as within the commercial drive along the west and
south. Per Meridian City Code, the applicant shall install mains to and through this
development. Applicant shall coordinate main size and routing with the Public Works
Linder Springs CUP-13-008 PAGE 15
EXHIBIT A
Department, and execute standard forms of easements for any mains that are required to
provide service outside of a public right-of--way.
2.3 Prior to the approval of the site development plans, the applicant's engineer shall coordinate
with the Public Works Department and obtain approval of the project's utility designee
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2.4 The applicant shall provide easement(s) for all public water/sewer mains outside of public
right of way (include all water services and hydrants). The easement widths shall be 20-feet
wide for a single utility, or 30-feet wide for two. 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
prepared by an Idaho Licensed Professional Land Surveyor, 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 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.6 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.
2.7 Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
2.8 Applicant shall be responsible for application and compliance with and NPDES permitting
that may be required by the Environmental Protection Agency.
2.9 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.10 The engineer shall be required to certify that the roadway 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 are at least 1-foot above said
groundwater elevation.
2.11 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.
2.12 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.
2.13 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.
2.14 100 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
Linder Springs CUP-13-008 PAGE 16
EXHIBIT A
lights shall be installed at developer's expense. Final design shall be submitted as part of the
development plan set for approval, which must include the location of any existing street
lights. 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.
2.15 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.
2.16 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 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside
and48' outside, per International Fire Code Section 503.2.4.
3.2 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 '/z" outlet face the main street or parking lot drive aisle.
b. Fire hydrants shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. 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.
3.3 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set
forth in International Fire Code Section 304.1.2.
3.4 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.
3.5 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.
3.6 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in
International Fire Code Section 304.3.3.
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to the site design submitted with the
application.
5. REPUBLIC SERVICES
5.1 The applicant shall submit a scaled site plan stamped approved by Republic Services verifying
compliance with Republic Service's requirements with the CZC application.
Linder Springs CUP-13-008 PAGE 17
EXHIBIT A
6. PARKS DEPARTMENT
6.1 The Parks Department has no concerns related to the site design submitted with the
application.
7. ADA COUNTY HIGHWAY DISTRICT
7.2 Standard Conditions of Approval
7.2.1 Any existing irrigation facilities shall be relocated outside of the ACHD right-of--way.
7.2.2 Private sewer or water systems are prohibited in the ACHD right-of--way.
7.2.3 In accordance with District policy, 7203.3, 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.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
7.2.5 A license agreement and compliance with the District's Tree Planter policy is required
for all landscaping proposed within ACHD right-of--way or easement areas.
7.2.6 All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-
way. The applicant at no cost to ACRD 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.
7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved
in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with
file numbers) for details.
7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual,
ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACRD Standards unless specifically waived herein. An engineer registered
in the State of Idaho shall prepare and certify all improvement plans. ,
7.2.10 Construction, use and property development shall be in conformance with all
applicable requirements of ACHD prior to District approval for occupancy.
7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of ACHD. The burden shall be upon the applicant to obtain
written confirmation of any change from ACHD.
7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the
site plan and may require additional improvements to the transportation system at that time.
Any change in the planned use of the property which is the subject of this application, shall
require the applicant to comply with ACHD Policy and Standard Conditions of Approval in
place at that time unless awaiver/variance of the requirements or other legal relief is granted
by the ACHD Commission.
C. Required Findings from Unified Development Code
Linder Springs CUP-13-008 PAGE 18
EXHIBIT A
1. 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 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 C-G 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 C-G 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. The Commission considered all
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 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 City utilities 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
Linder Springs CUP-13-008 PAGE 19
EXHIBIT A
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. The Commission
referenced all 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 staff is unaware.
Linder Springs CUP-13-008 PAGE 20