Findings for Approval for Crimson Maple RZ CUPCITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
~E IDR IAN,-
~J
In the Matter of the Request for Rezone of 1.59 Acres to the R-15 Zoning District AND Conditional
Use Permit for aMulti-family Development Consisting of Twelve (12) Residential Units, Located on
the East side of NW. 4`h Street; North of W. Maple Avenue, by Crimson Maple Townhomes LLC.
Case No(s). RZ-13-011; CUP-13-011
For the City Council Hearing Date of: November 19, 2013 (Findings on December 3, 2013)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of November 19, 2013, incorporated
by reference)
Process Facts (see attached Staff Report for the hearing date of November 19, 20l 3, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of November 19,
2013, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of November 19, 20l 3, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 1 1-784 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 Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Planning Department, the Public Works Department and any affected party requesting notice.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). R7,-13-011 & CUP-13-O11
That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of November 19, 2013, incorporated by reference. The conditions are concluded to
be reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for annexation and preliminary plat is hereby approved per the
conditions of approval in the attached Staff Report for the hearing date of November 19, 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. 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 struchires 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.
Upon written request and filed by the applicant prior to the ternination of the period in accord
with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the
use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as
determined and approved by the City Council may be granted. With all extensions, the Director
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title 11(UDC 11-SB-6F).
Notice of Two (2) Year Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City
within two (2) years of the City Council granting annexation and/or rezone (UDC 11-SB-3D).
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the City if filed prior to the end of the two (2) year approval period
(UDC lI-SB-3F).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
CITY OF MERIDIAN FINDINGS OF FACT. CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-13-O1 l & CUP-13-O1 l
-2-
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 November 19, 2013
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-13-O11 & CUP-13-O11
-3-
By action of the City Council at its regular meeting held on the
2013.
COUNCIL PRESIDENT BRAD HOAGLUN
COUNCIL VICE PRESIDENT CHARLIE ROUNTREE
COUNCIL MEMBER DAVID ZAREMBA
~~
day of ~0~-r~-
VOTED L1~.(_fl--
V OTED~~-
VOTED
COUNCIL MEMBER KEITH BIRD VOTED~~-
MAYOR TAMMY de WEERD VOTED ~~
(TIE BREAKER) _
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Mayor Ta m de Weerd
Attest:
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r ~~
ti ~," I: ~;I~~N
aycee~I. lman, City Clerk ~ `~ ~ ~ ``~ °~~
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Copy served upon Applicant, The PlannngDepartment, Public Works Department and City Attorney.
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B ~ ~ <1' ~ ~, ~~ ~_ __ ~~ ~ Dated: ~- ~ c~ zrn ~-~ ~ . ~C~ l
Cit~le~k s lice
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CITY OP MERIDIAN FINDINGS OP FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASENO(S). KZ-13-o1 l & CUP-13-o1 l
-4-
EXHIBIT A
STAFF REPORT
HEARING DATE: November 19, 2013 E IDIAN~ -'
TO: Mayor and City Council
FROM: Bill Parsons, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: RZ-13-O1 l and CUP-13-011 -Crimson Maple
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant has applied for a rezone (RZ) of 1.59 acres from the R-8 zone to the R-15 zone and
conditional use permit (CUP) for amulti-family development consisting of twelve (12) residential
units. (See Section 9 for further analysis.)
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed RZ and CUP with the conditions listed in Exhibit B,
based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. The
Meridian Planning and Zoning Commission heard these items on October 17 2013 At the
public hearing, the Commission voted to recommend approval of the subiect RZ and CUP
reQ uests.
a. Summary of Commission Public Hearing:
i. In favor: Justin Leraris and Todd Campbe^
ii. In opposition: Wayne Stevens
iii. Commenting: Alvin and Delores Borden (neutral)
iv. Written testimonv: None
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: None
b. Kev Issue(s) of Discussion by Commission:
i. None
c. Kev Commission Change(s) to Staff Recommendation:
i. None
d. Outstanding Issue(s) for Citv Council:
i. None
The Meridian City Council heard the a item on November 19. 2013. At the public hearing. t__he_
ouncil approved the ubiect RZ and P request.
~_ ummarv of C ity Council Pu blic Hea rin
1~ In favor J ustin Lerari
In oppositi on: None
111. Commenti ng• None
lY. Written te stimonv: None
y, Staff nrese ntin~ applicat ion: Bill Parconc
Yi. ther staf f commenting on annlic ation• Non
12,. ev Issues of Discu cion by ouncil:
"'
s The extens ion of NW 4 treet ac ro c the church
`h
ji Street fron tage improve ment on NW 4
treet
Crimson Maple RZ-13-011 and CUP-13-011 PAGE 1
EXHIBIT A
~, eV COUI1CIl .hanuec t0 Staff/C'nmmiecinn Rrrnmmr
L Nine
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve RZ-13-O1 ] and CUP-
13-01 1, as presented in the staff report for the hearing date of November 19, 2013, with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-13-O1 1
and CUP-13-011, as presented during the hearing on November l9, 2013, for the following reasons:
(You should state specific reasons for denial.)
Continuance
I move to continue File Numbers RZ-13-O1 l and CUP-13-O1 l 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 site is located on the east side of NW 4`h Street, north of W. Maple Avenue in the NE'/4 of
Section 12, Township 3 North, Range l West. (Parcel # S1212110500)
B. Applicant/Owner:
Crimson Maple Townhomes, LLC
8312 W. Northview Street, Suite #120
Boise, ID 83704
C. Representative:
Justin Leraris, J.J. Howard, LLC
5983 W. State Street, Suite # D
Boise, ID 83703
D. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a rezone and a conditional use permit. A public hearing is required
before the Planning and Zoning Commission and City Council on this matter, consistent with
Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: September 30, and October 15, 2013 (Commission);
October 28, and November 11, 2013 (Council)
C. Radius notices mailed to properties within 300 feet on: September 26, 2013 (Commission);
October 24, 2013 (Council)
D. Applicant posted notice on site by: September 26, 2013 (Commission); November 1, 2013
Council
VI. LAND USE
A. Existing Land Use(s): The property is currently vacant and developable.
Crimson Maple RZ-13-o] ] and CUP-13-O1 l PAGE 2
EXHIBIT A
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Single family residence and LDS Church; zoned R-4
South: Western Subdivision, zoned R-4
East: Western Subdivision, zoned R-4
West: Midtown Square Subdivision, zoned R-8
C. History of Previous Actions: In 2007, the property received rezone and preliminary plat approval
(RZ-07-001 and PP-07-002) as the Deklan Subdivision. The preliminary plat consisted of six (6)
residential lots and two (2) common lots and has expired.
D. Utilities:
a. Location of sewer: Sanitary sewer intended to serve this parcel is available in NW 4`''
Street, directly adjacent to the west.
b. Location of water: Domestic water intended to serve this parcel is available in NW 4th
Street, directly adjacent to the west.
c. Issues or concerns: None
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 "Medium Density Residential" (MDR) on the Comprehensive Plan Future
Land Use Map (FLUM). Uses may include single-family homes at densities of 3 to 8 dwelling units
to the acre. The applicant is proposing to develop l 2 units on the property with a gross density of 7.55
dwelling traits to the acre which falls within the target density of the MDR designation. The
comprehensive plan allows a step up in residential densities to accommodate the proposed rezone.
This property abuts "High Density Residential" (HDR) designated property to south and is
surrounded by MDR designated property on the west, east and north boundaries developed with
single family homes and a church. The proposed development is designed to emulate a single family
development consistent with the surrounding developments. The proposed development is also in
close proximity to the Old Town area which encourages denser development within or near the
downtown area.
Staff finds the following Comprehensive Plan policies to be applicable to this property 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 this area of
Meridian which is primarily single family homes.
• ``Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City." (3.01.01 F, pg. 45)
Crimson Maple RZ-13-011 and CUP-13-011 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)
The proposed project is designed to emulate a single family development. The applicant is
also proposing to construct a mixture of single story units and two-story units along the south
boundary and setbacks of the units exceed the requirements of the R-1 S district.
• "Encourage inflll 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, pg. 48).
The proposed development will have a single access to NW 4''` Street, designated a collector
street. Internal access will be provided via a 20 foot tivide private drive.
• "Require usable open space to be incorporated into new residential developments" (3.07.02A,
pg. 55}.
A 4, 634 square foot grassy area is proposed that includes a picnic area, a barbeque area and
a community garden for the use of the residents. Fenced yards are also proposed at the rear
of each unit. Staff is supportive of the proposed open space and amenities proposed for the
development.
• Require new residential development to meet development standards regarding landscaping,
signage, fences and walls, etc." (3.05.0X, pg. 52)
Street buffer landscaping is required adjacent to NW 4`~' Street in accord with the standards
listed in UDC I1-3B-7C. Separate permits shall be obtained for signage and fencing in
compliance with the standards listed in UDC 11-3D-5 and 11-3A-7 respectively.
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 11-2A-2 lists the permitted,
accessory, conditional, and prohibited uses in the R-15 zoning district respectively. The proposed
multi-family development is listed as a conditional use in the R-15 zoning district. The specific
use standards listed in UDC I 1-4-3-27 for multi-family developments apply to development of
this site.
B. Dimensional Standards: The dimensional standards listed in UDC Table 11-2A-7 for the R-15
zoning district apply to development of this site.
Crimson Maple 12Z-13-011 and CUP-13-011 PAGL-' 4
EXHIBIT A
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 20-foot wide landscape buffer is required adjacent to NW 4`" Street in accord with UDC
Table 11-2A-7. The buffer must comply with the standards set forth in UDC 11-3B-7C.
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:
RF,7.ONE: The applicant is proposing to rezone the property from the R-8 district to the R-15
district to develop the proposed multi-family development. Although the proposed development
has been designed to emulate a single family residential development; amulti-family
development under the UDC is defined a development where there are three or more units on the
same property. Because the use of the property is defined as amulti-family development and the
design is not typical, staff recommends a development agreement to ensure the site develops as
represented with this application (see Exhibit B for specific DA provisions).
CONDITIONAL USE PERMIT (CUP): A conditional use permit is requested for amulti-family
development in the R-IS zoning district in accord with UDC Table 11-2A-2. The proposed multi-
family development consists of eight (8) buildings as follows: a management office, five (5)
duplexes and two (2) single units containing a total of twelve (12) dwelling units. All units within
the development will be three-bedroom, two bath units ranging in size between 1,500-2100
square feet. As mentioned above the proposed gross density for the development is 7.55 dwelling
units to the acre which is consistent with the MDR land use designation.
The main access to the development will be provided from NW. 4`" Street and an internal 20-foot
wide driveway will provide access to all of the units. Since the parcel and structures are held
under single ownership, staff is not requiring cross access with this development. If the property
is subdividing in the future, cross access nay be required in accord with 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 l 1-2A-7 requires a rear yard
setback of12 feet.) Based on the proposed building orientations all of the buildings
comply with the required setbacks of the R-1 S zone and multifamily standards. The
applicant shall comply with the setbacks as proposed on the submitted site plan.
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. All of the units will be internal to the development and will not be very
visible from NW 4'~' street. The proposed development is designed to emulate the adjacent
single family homes; staff anticipates the use of totes for trash collection. Staff finds the
proposed development will comply with this requirement. The applicant should
coordinate with Republic Services to ensure the apse of totes for trash collection.
Crimson Maple RZ-13-o1 l and CUP-] 3-011 PAGE 5
EXHIBIT A
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. The proposed patio and enclosed yards range in size between
600 and 700 square feet which exceeds this requirement.
d. Developments with 20 units or more shall provide the following: A property
management office, a maintenance storage area, a central mailbox location (including
provisions for parcel mail), and a directory and map of the development at a convenient
location. This requirement of the UDC is not applicable to the proposed development
since the applicant is proposing twelve units. The submitted site plan depicts a
management office. The applicant should coordinate with the Fire Department on
addressing the proposed complex. With the submittal of the first certificate ofzoning
compliance application, the applicant must provide the addressing plan for the complex.
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 (all 3-bedroom units), a combined total of 24 covered
and uncovered parking stalls are required. The applicant is proposing a ttivo car garage
and a parking pad, for each unit which exceeds the parking requirements, fora mzdti-
. family development. However, a majority of the proposed parking pads do not meet the
parking pad dimensional standards (20 ~"20) of the UDC. If the applicant desires to
subdivide the property or condo the buildings in the future a 20 X20' parking pad should
be provided to comply with UDC standards
In addition to the excess parking in front of the units, guest parking is being provided
near the entrance of the complex. The guest parking complies with the dimensional
standards of the UDC.
UDC 11-3C-6G requires one bicycle parking space per every 25 parking spaces. The
applicant shall place the required bike rack near the central grassy area and guest
parking so the patrons that visit the complex and the kids that play in the park have a
place to store their bikes. With the submittal of certificate ofzoning compliance
application the site plan must incorporate the bike rack and provide specifications of the
bike rack.
Common Open Space Design Requirements: UDC 11-4-3.27C requires a minimum of
350 square feet of outdoor common open space for each unit containing more than 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.) The applicant
is required to provide 4,200 square feet (350 X 12) of common open space for the
development. The submitted landscape plan depicts a 4,63 square foot open grassy area
near the entrance of the facility consistent with this standard.
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 20 units or less must provide a minimum of two
(2) amenities; one from each of the aforementioned categories. The applicant is
proposing the following qual~ing amenities: 1) picnic tables and barbeque area. The
second amenity is not depicted on the submitted site plan however; the applicant has
verbally committed to a community garden as the second amenity. With the submittal of
the CZC application the site plan shall depict a community garden as represented to
staff.
Crimson Maple RZ-13-011 and CUP-l3-oll PAGE 6
EXHIBIT A
h. Elevations: Elevations are required to meet the architectural standards set forth in UDC
l 1-4-3-27E. The applicant has provided two elevations to depict the design theme for the
development. 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 wainscot, covered entryways, a mixture
wood siding materials (board and batten and horizontal lap), decorative trim, belly
bands, decorative corbels and architectural shingles (see ExhibitA.~).
The applicant has not provided elevations of the management office or the single units.
The applicant shall construct the management office and the single units with the same
building materials as represented in Exhibit A.4. The applicant is required to submit CZC
and DES applications for all of the structures proposed with the development.
Staff is supportive of the proposed building designs and material choices.
i. Landscaping: Staff bas reviewed the submitted landscape for compliance with the UDC.
The landscape plan, labeled L-1, is approved with the following modifications/notes:
• Parking lot landscaping is required must be provided in accord with the standards
listed in UDC 11-3B-8C.
• The master street map designates N W 4`'' Street as a collector. Provide a 20-foot wide
landscape buffer adjacent to NW 4`'' Street and landscape the buffer in accord with
the standards set forth in UDC 11-3B-7C. NOTE: This will require the loss of a guest
parking stall.
• With CZC submittal, provide a detail of the proposed fence materials. All fencing
proposed for the development must comply with the fence regulations set forth in
UDC 1 ] -3A-7.
• 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 1 ]-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.
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: ~,~''~~3 10/18/13)
3. Proposed Landscape Plan (dated: 08/29/13)
5. Proposed Building Elevations
B. Conditions of Approval
Crimson Maple RZ-13-O1 1 and CUP-13-011 PAGE 7
EXHIBIT A
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. Legal Description and Exhibit Map
D. Required Findings from Unified Development Code
Crimson Maple RZ-13-O1 1 and CUP-13-011 PAGE 8
EXHIBIT A
Exhibit A.1: Vicinity Map
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Crimson Maple RZ-13-O1 l and CUP-13-011 PAGE 9
EXHIBIT A
Exhibit A.2: Proposed Site Plan (dated: n4o ''o,~~ 10/18/13)
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Crimson Maple RZ-13-011 and CUP-13-011 PAGE 10
EXHIBIT A
Exhibit A.3: Proposed Landscape Plan (dated: 08/29/13)
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Crimson Maple RZ-13-011 and CUP-13-O1 l PAGE 1 1
EXHIBIT A
Crimson Maple RZ-l3-Ol 1 and CUP-13-011 PAGE 12
Exhibit A.4: Proposed Elevations
EXHIBIT A
Crimson Maple It7.-13-011 and CUP-13-011 PAGE 13
EXHIBIT A
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 REZONE
1.1.1 A Development Agreement (DA) is required as a provision of the rezone of this property. Prior to
the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the
property owner(s) at the time of rezone ordinance adoption, and the developer. A certificate of
zoning compliance (CZC) will not be issued until the DA is recorded. The applicant shall contact
the City Attorney's Office to initiate this process prior to the submittal of a certificate of zoning
compliance application. The DA shall be signed by the property owner and returned to the City
within two (2) years of the City Council granting the rezone. Currently, a fee of $303.00 shall be
paid by the applicant to the City Clerk's office prior to commencement of the DA. The DA shall,
at minimum, incorporate the following provisions:
a. Development of this site shall substantially comply with site plan, landscape plan and
building elevations in Exhibit A.
b. A maximum of 12 residential units and a management office shall be constructed on the site.
1.2 CONDITIONAL USE PF,RA4IT -Site Specific Conditions of Approval
1.2.1 The site plan, dated 08/29/13, labeled P.1 is approved with the following changes:
• Provide details of the proposed bike rack with the certificate of zoning compliance
submittal. The bike shall be located near the open space and guest parking area.
• The applicant shall comply with the building setbacks and building heights (single story
and two story locations) depicted on the submitted site plan.
• With the submittal of the first certificate of zoning compliance application, the applicant
shall provide an addressing plan for the complex.
1.2.2 The landscape plan, dated 08/29/13, labeled L.l is approved with the following changes:
• 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
include a community garden as an amenity.
• Construct fencing on the site in accord with UDC 11-3A-7. Provide details of the fencing
with a certificate of zoning compliance application.
• Construct a 20-foot landscape buffer adjacent to NW 4t~ Street in accord with UDC 11-
3B-7C.
1.2.3 The building elevations attached in Exhibit A.4, are approved with the following changes:
• The applicant shall construct the management office and the single units with the
same building materials as represented in Exhibit A.4.
1.2.4 The developer shall comply with the specific use standards for multi-family developments
listed in UDC ] 1-4-3-27.
1.2.5 All roof and wall-mo~mted 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.
1.2.6 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site.
Crimson Maple RZ-13-011 and CUP-13-O1 l PAGE 14
EXHIBIT A
1.2.7 Maintenance of all common areas shall be the responsibility of the developer or assigns.
Record legally binding documents that state the maintenance and ownership responsibilities
for the management of the development, including but not limited to structures, parking,
common areas, private streets, and other development features. A copy of the recorded
document shall be submitted with the first Certificate of Zoning Compliance (CZC). The
responsible party shall be a single entity overseeing the entire multi-family development.
1.2.8 Off-street vehicle parking shall be provided on the site in accord with UDC Table 1 1-3C-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.
1.2.9 Provide the private, useable open space (patio and enclosed yards), as proposed.
1.2.10 Staff's failure to cite specific ordinance provisions does not relieve the applicant of
responsibility for compliance.
1.2.1 ] The applicant shall comply with the access to street standards in accord with UDC 11-3A-3.
1.3 General Conditions of Approval
l 3.l 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.
1.3.2 Comply with the sidewalk standards as set forth in UDC 1 ] -3A-17.
133 Comply with the outdoor service and equipment area standards as set forth in UDC l 1-3A-
12.
1.3.4 Comply with the structure and site design standards, as set forth in UDC l 1-3A-19 and the
guidelines set forth in the City of Meridian Design Manual.
l 3.5 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-6Fl or 2) gain approval of a time extension
as set forth in UDC 11-SB-6F4.
13.6 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.
1.3.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 1 1-3B-SJ.
13.8 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 N W.
4`~' Street to the west. 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 A domestic water main that is intended to provide service to this development exists in NW.
4`~ Street to the west. Per Meridian City Code, the applicant shall install mains to and
Crimson Maple RZ-13-011 and CUP-13-o1 l PAGE l5
EXHIBIT A
through this development. Applicant shall coordinate main size and rotirting 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.
2.3 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 be dedicated using the
City of Meridian's standard forms. Applicant shall 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 1 1"map with bearings and distances (marked EXHIBIT B) for review.
Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT
RECORD.
2.4 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.
2.5 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.
2.6 Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
2.7 Applicant shall be responsible for application and compliance with and NPDES permitting
that may be required by the Environmental Protection Agency.
2.8 All grading of the site shall be performed in conformance with MCC 1 1-12-3H.
2.9 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.
2.10 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.
2.11 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC l 2-13-8.3). The applicant shall 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 water assessments for the
common areas prior to receiving development plan approval.
2.12 Compaction test results shall be submitted to the Meridian Building Deparnnent for all
building pads receiving engineered backfill, where footing would sit atop fill material.
2.13 Any existing domestic wells 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 discom~ection 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.
2.14 Any existing septic systems within this project shall be removed from service per City
Crimson Maple RZ-l3-ol 1 and CUP-13-o1 l PAGE 16
EXHIBIT A
Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment
procedures and inspections (208)375-521 1.
2.l 5 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.l 6 100 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, 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.
2.17 Street signs are to be in place, water a~ld sanitary sewer systems 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.
2.18 All development improvements, including but not limited to sewer, water, fencing,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.19 The City of Meridian requires that the owner post to the City a performance surety in the
amount of l 25% of the total construction cost for all incomplete sewer, water and reuse
infrastructure prior to the issuance of any building permits for any structures to be
constructed on the site. 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-
221 l .
2.20 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 prior to occupancy of any structures constructed on the site. 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 887-221 1.
3. FIRE DEPARTMENT
3. ] All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside
and48' outside, per lnternational 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 lnternational 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.
Crimson Maple RZ-13-O11 and CUP-13-O11 PAGE 17
EXHIBIT A
h. Show all proposed or existing hydrants for all new construction or additions to
existing buildings within 1,000 feet of the project.
3.3 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 h~temational Fire
Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C.
3.6 Maintain a sepa--ation of S from the building to the dumpster enclosure as set forth in
International Fire Code Section 304.3.3.
3.7 One and two family dwellings not exceeding 3,600 square feet require afire-flow of 1,000
gallons per minute for a duration of 2 hours to service the entire project. One and two family
dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix
B of the International Fire Code. Fire Hydrant spacing shall be provided as required by
Appendix C of the International Fire Code.
3.8 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside
and have a clear driving surface of 20' in width capable of supporting an imposed weight of
75,000 GVW, per International Fire Code Section 503.2.
3.9 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting
an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D
Section D103.6 Signs.
3.10 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International
Fire Code Sections 503.4 & D103.6.
3.11 Operational fire hydrants, temporary or permanent street signs, and access roads with an all
weather surface are required to be installed before combustible construction material is brought
onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian
amendment to IFC 10-4-2J.
3.12 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in
International Fire Code Section 505.1.
3.13 The applicant shall work with Public Works and Planning Department staff to provide an
address identification plan and a sign which meets the requirements of the City of Meridian sign
ordinance and is placed in a position that is plainly legible and visible from the street or road
fronting the property, as set forth in International Fire Code Section 505.1.
3.14 All portions of the buildings located on this project must be within 150' of a paved surface as
measured around the perimeter of the building as set forth in International Fire Code Section
503.1.1.
3.l 5 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. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to the site design submitted with the
application.
Crimson Maplc RZ-13-011 and CUP-13-o] 1 PAGE 18
EXHIBIT A
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.
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
7.1 Site Specific Conditions of Approval
7.1.1 Dedicate 30 additional feet of right-of--way for NW 4th Street from centerline abutting the
site, as proposed.
7.1.2 Construct NW 4th Street as a 36 foot collector street section with vertical curb, gutter, and 5
foot wide detached sidewalk, as proposed.
7.1.3 Install "NO PARKING" signs on NW 4th Street.
7.1.4 Locate the private road as proposed, 50 north of the south property line.
7.1.5 Pave the private road entrance its full width of 24 feet and at least 30 feet into the site beyond
the edge of pavement of the roadway.
7.1.6 Install street name and stop signs for the private road.
7.1.7 Direct lot access is prohibited to NW 4th Street and shall be noted on the final plat.
7.1.8 Payment of impacts fees are due prior to issuance of a building permit.
7.1.9 Comply with all Standard Conditions of Approval.
7.2 Standard Conditions of Approval
7.2.1 Any existing irrigation facilities shall be relocated outside of the ACHDnght-of--way.
7.2.2 Private sewer or water systems are prohibited from being located within the ACRD
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 for
review.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
7.2.5 A license agreement and compliance with the District's Tree Planter policy is required
for all landscaping proposed within ACHD right-of--way or easement areas.
7.2.6 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 ACRD Traffic Operations 387-6190 in the event any ACHD
Crimson Maple RZ-13-011 and CUP-13-O11 PAGE 19
EXHIBIT A
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 ACHD 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 ACRD 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.
Crimson Maple RZ-13-o1 l and CUP-13-011 PAGE 20
EXHIBIT A
C. Legal Description and Exhibit Map
Crimson Maple Townhomes
Property Description
A parcel of land situated in the Northeast Quarter of the Northeast Quarter of Section
12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more
particularly described as follows:
Commencing at the Northeast corner of said Northeast Quarter of the Northeast
Quarter; thence South 0°20'30" East along the East boundary of said Northeast Quarter
of the Northeast Quarter a distance of 695.96 feet (formerly South 695.80 feet of record)
to the Northeast corner of Niday's Second Addition, which plat is on file in Book 11 of
Plats at Page 594, Records of Ada County, Idaho; thence South 89°49'35" West
(formerly North 89°50'00" West of record) along the boundary line common to said
Niday's Second Addition, Wilson Addition, which plat is on file in Book 12 of Plats at
Page 708, and Western Subdivision, which plat is on file in Book 24 of Plats and Pages
1498 and 1499, in the office of the recorder of Ada County, Idaho, a distance of 826.00
feet to the true point of beginning;
Thence South 0°20'30" East (formerly South of record) along a westerly boundary of
said Western Subdivision, a distance of 194.00 feet to a point on a North boundary of
said Western Subdivision, thence South 89°49'35" West (formerly North 89°50'00" West
of record) along a northerly boundary of said Western Subdivision a distance of 437.28
feet (formerly 437.00 East of record) to a point on the center line of an extended street
known as West Fourth Street; thence North 0°18'15" West (formerly North 0°02'00"
West of record) along the extended center line of said West Fourth Street a distance of
80.00 feet; thence North 89°49'35" East parallel with a northerly boundary of said
Western Subdivision, a distance of 137.00 feet; thence North 0°18'15" West parallel
with a westerly boundary of said Western Subdivision a distance of 114.00 feet to a
point on the extended most northerly boundary line of said Western Subdivision; thence
North 89°49'35" East (formerly South 89°50'00" East of record) along the extended
most northerly boundary line of said Western Subdivision, a distance of 300.15 feet to
the true point of beginning.
Said parcel contains 1.59 acres more or less.
5983 W. State St., Ste. D, Boise, ID 83703, (2U8) 846-8937, FAX (208) 846-8822
Crimson Maple RZ-13-011 and CUP-13-011 PAGE 21
EXHIBIT A
LEGEND
~j
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- - - DUUNDARY
- C1_NTERUNE
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I N89' 49' 35°E 300.15'
- - - - - .
NO' 18~ 1S°W 774.00'
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589' t9' 35°W 437.28'
I
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J.J. HOWARD P-as-'a h^ /~ ~ I ~ ~ ~ CRIMSON IAAPLE TOWNHOMES
rM-.arralN' / 9ATd}WG :au~ [aN1N Br PNOkC~ w.
+s. n-..~. ~+ao...n ~" - iati ~~i ,s;m~ 60UNOARY EXNIf311 fOR REZONE
Crimson Maple RZ-13-011 and CUP-13-O1 1 PAGE 22
EXHIBIT A
D. Required Findings from Unified Development Code
1. Rezone Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation, the
Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The applicant is proposing to rezone 1.59 acres to the R-15 zoning district. The Council finds
that the proposed map amendment is generally consistent with the MDR designation and the
applicable provisions of the Comprehensive Plan (see section VII above).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The Council finds that the proposed map amendment to the R-15 zoning district is consistent
with the purpose statements for residential districts as detailed in Section VIII above.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The Council finds that the proposed zoning amendment will not be detrimental to the public
health, safety, or welfare. City utilities will be extended at the expense of the applicant. The
Council considered all oral or written testimony that was provided when determining this
finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
The Council finds that the proposed zoning amendment will not result in any adverse impact
upon the delivery of services by any political subdivision providing services to this site.
e. The annexation is in the best of interest of the City (UDC 11-SB-3.E).
The Council finds annexing this property with an R-15 zoning district is in the best interest of
the City if the applicant enters into a development agreement.
2. Conditional Use Permit Findings:
The Commission and Council shall review the particular facts and circumstances of each
proposed conditional use in terms of the following, and may approve a conditional use permit if
they shall find evidence presented at the hearing(s) is adequate to establish:
a. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
The Council finds that if the site is designed 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 Cotmcil finds that the proposed multi-family residential use in the R-15 zone meets the
objectives of the Comprehensive Plan and the UDC.
Crimson Maple RZ-13-o1 1 and CUP-13-011 PAGE 23
EXHIBIT A
c. That the design, construction, operation and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the
general vicinity and that such use will not adversely change the essential character of
the same area.
The Council finds that the general design, 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 Council considered all public testimony that
was 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 Cou-lcil finds that the proposed development should not adversely affect other property
in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of
this staff report and constructs all improvements and operates the use in accordance with the
UDC standards.
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection, drainage
structures, refuse disposal, water, and sewer.
The Council finds that sanitary sewer, domestic water and irrigation can be made available to
the subject property. Please refer to comments prepared by the Public Works Department,
Fire Department, Police Department and other agencies.
f. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
The Council finds that the applicant will pay to extend the 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 general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The Council finds that the proposed development will not involve uses that will create
nuisances that would be detrimental to the general welfare of the surrounding area.
The Council recognizes the fact that traffic and noise will increase with the approval of this
development; however, whenever undeveloped property is developed the amount of traffic
generation does increase.
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 Co~mcil finds that the proposed development will not result in the destruction, loss or
da-nage of any natural feature(s) of major importance. The Council referenced all public
testimony that was presented to determine whether or not the proposed development may
destroy or damage a natural or scenic feature(s) of major importance.
Crimson Maple RZ-l3-ol 1 and CUP-l3-ol 1 PAGE 23