HomeMy WebLinkAboutFindings Overland Park Apartments CUPCITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
E IDIAN�-
IDAHO
In the Matter of the Request for the Request for Conditional Use Permit for a Multi -Family
Development Consisting of 190 Dwelling Units on 8.67 Acres of Land in a C -G Zoning District for
Overland Park Apartments, Located on the North side of W. Overland Road and West S. Stoddard
Road, by Derk Pardoe.
Case No(s). CUP -14-009
For the Planning & Zoning Commission Hearing Date of: July 17, 2014 (Findings on August 7,
2014)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of July 17, 2014, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of July 17, 2014, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 17, 2014,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of July 17, 2014, 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 and 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 § 11-5A.
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 -14-009
Page 1
upon the applicant, the Planning Division, 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 July 17, 2014, 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 and Zoning Commission's authority as provided in Meridian City Code §
11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is
hereby ordered that:
The applicant's request for conditional use permit is hereby approved in accord with the
conditions of approval in the staff report for the hearing date of July 17, 2014, 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 -5B -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 11-513-617.2.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11 -5B -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 July 17, 2014
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP -14-009
Page 2
By action of the Planning and Zoning Commission at its regular meeting held on the :Z'1� � day of
2014.
COMMISSIONER JOE MARSHALL, CHAIRMAN
COMMISSIONER STEVEN YEARSLEY, VICE CHAIRMAN
COMMISSIONER SCOTT FREEMAN
COMMISSIONER MACY MILLER
COMMISSIONER PATRICK OLIVER
(:aJ)e Marshall, Chairman
VOTED
VOTED
VOTED
VOTED --
VOTEDV-ea f
Attest:
IDIAN Clty aE W
Jaycee Holman, City Clerk y ,oat,o
SEAL '
Copy served upon Applicant, The Planning Department, Public Works DepartmeF�tidTCi�yA orne
By. .._ _ 7Q Dated:
City Clerk's O ice
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP -14-009
Page 3
STAFF REPORT
HEARING DATE:
TO:
FROM:
SUBJECT:
EXHIBIT A
July 17, 2014
Planning and Zoning Commission
Bill Parsons, Associate City Planner
208-884-5533
(: N M -1E IDIAN*--
1DAH0
Bruce Freckleton, Development Services Manager
208-887-2211
CUP -14-009 — Overland Park
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Derk Pardoe, has applied for a conditional use permit (CUP) for a multi -family
development consisting of 190 dwelling units (11 multi -family structures) on approximately 8.67
acres of land in the C -G zoning district.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed CUP application with the conditions of approval in
Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report.
The Meridian Planning and Zoning Commission heard this item on July 17, 2014. At the public
hearing, the Commission voted to approve the subiect CUP request.
a. Summary of Commission Public Hearing:
i. In favor: Wendy Shrief
ii. In opposition: None
W. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: None
b. Key Issues of Discussion by Commission:
i. Interconnectivity within the proposed development and with the adiacent commercial
and industrial properties.
c. Key Commission Changes to Staff Recommendation:
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number CUP -14-
009 as presented in the staff report for the hearing date of July 17, 2014, with the following
modifications: (Add any proposed modifications.) I further recommend Staff to prepare Findings of
Fact and Conclusions of Law & Order for the hearing date of August 7, 2014.
Denial
After considering all staff, applicant and public testimony, I move to deny File Number CUP -14-009,
as presented during the hearing on July 17, 2014, for the following reasons: (You should state specific
reasons for denial.)
Continuance
I move to continue File Number CUP -14-009 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
Overland Park (CUP -14-009) PAGE 1
EXHIBIT A
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property is located north of W. Overland Road, south of Interstate 84 and west of S.
Stoddard Road in the southwest'/4 of Section 13, Township 3 North, Range 1 West. (Parcel #'s
R4885160062, R4885160070, R4885160080 and R4885160090)
B. Applicant/Owner:
S.A.N.C. Investments, LLC
3454 Stone Mountain Lane
Sandy, UT 84092
C. Representative:
Wendy Shrief
Horrocks Engineers
5700 E. Franklin Road, Suite #160
Nampa, ID 83687
D. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a conditional use permit which requires a public hearing before the
Planning and Zoning Commission, consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: June 30, and July14, 2014
C. Radius notices mailed to properties within 300 feet on: June 26, 2014
D. Applicant posted notice on site by: July 7, 2014
VI. LAND USE
A. Existing Land Use(s): The portion of the site where the multi -family development is proposed is
currently vacant undeveloped land, zoned C -G.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: The subject property is
primarily surrounded by developed and undeveloped commercial and industrial properties, zoned
C -G and I -L.
C. History of Previous Actions:
• In 2001, the property received a conditional use permit/planned unit development approval
(CUP -01-009), under the name of Treasure Valley Technical Center, which allowed for
daycare, office, retail and industrial uses. As part of that approval a conceptual site plan was
approved and any future daycare, office and retail uses require conditional use permit
approval.
• In 2007, a preliminary plat and final plat (PP -07-013 and FP -07-036) was approved for the 26
+/- acre portion of the site to the north and west of Western Electronics that consisted of 11
building lots and 2 common lots.
In 2008, the property received comprehensive map amendment and rezone (CPA -08-005 and
RZ-08-003) approval to change the land use from industrial to commercial and rezone the
property from the I -L zone to the C -G zone. With the rezone of the property, the City
required a development agreement (DA) that recorded as instrument #108119853. The
Overland Park (CUP -14-009) PAGE 2
recorded DA required compliance with a specific concept plan and building elevations.
• Recently, the City Council approved a development agreement modification application
(MDA -14-003) that removed the subject property from the recorded development agreement
approved with the rezone. As part of that approval, a new DA, instrument # 114034780, was
recorded that ties the property to a mixed use concept plan consisting of multi -family, retail
and office uses and specific building elevations.
D. Utilities:
a) Location of sewer: Sanitary sewer service to the area is currently being provided by a
temporary, private lift station that discharges to an existing gravity sewer main in Overland
Road.
b) Location of water: Domestic water service to the area is currently being provided by an
existing main in S. Tech Lane.
c) Issues or concerns: The existing "private" sanitary sewer lift station and discharge system
will need to be upgraded to City of Meridian Standards to accommodate the proposed project.
In addition to the upgrades, the lift station will need to be converted from "private" to "City
of Meridian" ownership. The applicant shall also be required to construct a looped water
system by means of an additional main connection on the west side of the project, to
Overland Road, as shown on the project site plan.
E. Physical Features:
1. Canals/Ditches Irrigation: The Kennedy Lateral runs along a portion of the west boundary of
this site and was piped with Kennedy Commercial Subdivision.
2. Hazards: Staff is unaware of any hazards that may exist on this site.
3. Flood Plain: This property does not lie within the floodplain or flood way.
VII. COMPREHENSIVE PLAN ANALYSIS
The subject property is currently designated "Commercial" on the Comprehensive Plan Future Land
Use Map. Per the Comprehensive Plan, multi -family residential is an acceptable use in commercial
areas. Although the comprehensive plan does not specify a maximum density within the Commercial
designation, the applicant is proposing 190 -units on 8.67 acres. The gross density of the proposed
development is 21.9 dwelling units to the acre.
Recently, the applicant obtained City approval of concept plan to develop the property with a mix of
uses. The multi -family development is the first phase of development. Subsequent phases include
retail development along Overland Road and future office development north of the proposed multi-
family development. Currently, several single family subdivisions in various construction stages are
developing in the area. Staff believes multi -family residential is under served in this area of Meridian
and the proposed development will contribute to the mix of residential, retail, educational,
employment, entertainment, industrial and restaurant uses in the area.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
Overland Park (CUP -14-009) PAGE 3
EXHIBIT A
• "Provide for a wide diversity of housing types (single-family, modular, mobile homes and
multi -family arrangements) and choices between ownership and rental dwelling units for all
income groups in a variety of locations suitable for residential development." (3.07.03B, pg. 56)
The future development of multi family residential dwelling units on this site consisting of 1, 2,
and 3 bedroom units will provide rental options for individuals with varying income levels that is
currently lacking in this area of Meridian.
• "Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City." (3.01.01F, pg. 45)
City services will be provided and extended with the development of this site.
• "Require appropriate landscaping and buffers along transportation corridor (setback,
vegetation, low walls, berms, etc.)
The proposed development exceeds 5 acres in size; therefore the site must contain a minimum of
10 percent open space in accord with UDC I1 -3G. To buffer the proposed multi family use from
the industrial zoned property to the west, staff is recommending an 8 -foot tall solid fence, a 15 -
foot wide landscape buffer adjacent to the parking area and a minimum of a 25 foot landscape
buffer adjacent to the buildings on the west boundary of the development. The landscape buffers
must comply with the standards in accord with UDC 11 -3B -9C. With subsequent phases, the
north and south boundary of the proposed development will be buffered with future commercial
developments.
• "Restrict private curb cuts and access points on collectors and arterial streets." (3.06.02D)
With the development of the Kennedy Commercial development, the previous developer
constructed a private street (S. Tech Lane) that provides access to the proposed multi family
development via W. Overland Road. This roadway is the primary access to the proposed
development. The applicant has not provided any access to the future office complex, north of the
proposed development nor a second outlet for traffic to funnel out of the multi family
development to S. Tech Lane. The applicant should revise the site plan and provide vehicular
access along the eastern boundary of the development to the future office complex to the north
and provide a second driveway connection from the proposed multi family development to S.
Tech Lane.
• "Require pedestrian access in all new development to link subdivisions together and promote
neighborhood connectivity." (3.07.02C)
The submitted site plan depicts two (2) pedestrian connections to the future retail development to
the south and one (1) pedestrian connection to the future office complex to the north of the
development.
• "Locate high-density development, where possible, near open space corridors or other
permanent major open space and park facilities, Old Town, and near major access thoroughfares."
(3.07.02, pg. 55)
The proposed multi family development is located near W. Overland Road which is a major
mobility corridor through the City.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone:
The purpose of the commercial districts is to provide for the retail and service needs of the
community in accordance with the Meridian comprehensive plan. Six (6) districts are designated
Overland Park (CUP -14-009) PAGE 4
EXHIBIT A
which differ in the size and scale of commercial structures accommodated in the district, the scale
and mix of allowed commercial uses, and the location of the district in proximity to streets and
highways.
B. 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. 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.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-213-3 for the C -G
zoning district apply to development of this site.
D. Landscaping Standards:
1. Parking Lot Landscaping: All parking lot landscaping must comply with the standards set
forth in UDC 11 -3B -8C.
2. Per UDC 11-3G-3, the proposed multi -family development is required to provide 10 percent
open space in addition to the common open space required with the multi -family specific use
standards noted above.
E. 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. The clubhouse will require one space per 500 square feet of gross floor area in
accord with UDC 11 -3C -6B.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
CONDITIONAL USE PERMIT (CUP): A conditional use permit is requested for a multi -family
development in the C -G zoning district, in accord with UDC Table 11-2B-2.
The proposed development consists of eleven (11) apartment buildings with a mix of 10 and 20 units,
3 stories in height, with a combination of (76) 1 -bedroom units; (81) 2 -bedroom units; and (33) 3 -
bedroom units for a total of 190 dwelling units on 8.67 acres of land. The gross density proposed for
this development is 21.9 dwelling units to the acre.
Specific Use Standards: 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 does not have a
minimum setback for structures.) All of the buildings along the perimeter are setback in
excess of 10 feet per this standard however; the recorded development agreement
requires a 25 foot landscape buffer/setback along the west boundary. The buildings
along the western perimeter are setback a minimum of 28 feet in compliance with both
the DA and the UDC.
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 proposed trash enclosures are internal to the proposed development
and will have limited visibility from the site in accord with this requirement. All other
items listed above should also be screened from view of the public streets.
Overland Park (CUP -14-009) 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 applicant has not submitted a floor plan for the proposed
multi family units therefore staff cannot verb that the proposed units comply with this
requirement. The applicant states in the narrative that all of the units will have 80 square
feet ofprivate patio area. With future certificate ofzoning compliance application, the
applicant shall verb the square footages of the patio area through the submittal of a
floor plan. All of the units must have 80 square feet of patio space and/or private open
space.
d. Developments with 20 units or more shall provide the following: A property
management office, a maintenance storage area, a central mailbox location (including
provisions for parcel mail), and a directory and map of the development at a convenient
location. The property management office, maintenance storage area, central mailbox
location and directory map are not depicted on the submitted plans and will need to be
included to the plans submitted with the certificate of zoning compliance application.
NOTE: Staff anticipates all of these items will be provided near or in the proposed
clubhouse based on the submitted floor plan however, these items were not detailed on
the plans.
e. Parking: 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. Based on the unit mix (76 —1 bedroom units and 114 - 2
and 3bedroom units), a combined total of 342 covered and uncovered parking stalls are
required. The clubhouse will require one space per 500 square feet of gross floor area.
The applicant is proposing a 174 covered parking stalls (114 garages and 60 carports)
and 212 uncovered parking stalls which exceeds the minimum requirements for the multi-
family units. The applicant has not provided the square footage of the clubhouse.
Because the site exceeds the required parking stalls, staff believes adequate parking
has been provided on the site to accommodate the clubhouse without any changes to
the parking ratio. With the submittal of certificate of zoning compliance application,
the applicant must include the square footage of the proposed clubhouse so staff can
verify the parking ratio for the proposed development.
The submitted site plan depicts a single bike rack near the proposed clubhouse. The UDC
requires a total of 15 bike spaces to be provided on the site. Because the proposed
development is located near a mobility corridor, a college, recreational uses and a public
park, staff believes additional bike parking should be provided on the site as follows:
• Provide two (2) bike racks near the buildings on the north boundary;
• Provide two (2) bike racks near the buildings on the south boundary; and
• Provide one (1) bike rack near the clubhouse as proposed.
With the submittal of certificate of zoning compliance application, the applicant must
provide details of 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.) Because all of the proposed units contain between 500 and 1,200
Overland Park (CUP -14-009) PAGE 6
EXHIBIT A
square feet of living area, a minimum of 17, 000 sf of common open space is required to
be provided. Because the site exceeds 5 acres in size, the site must also comply with the
open space standards set forth in UDC 11-3G. Based on these requirements a total of
1.26 acres of open space is required by the UDC. The amount of open space proposed for
the entire development is approximately 2.25 acres which exceeds the UDC requirement.
NOTE: The open space has been reduced slightly from what the applicant has depicted
on the site plan because staff is recommending a future driveway access to the office
complex proposed north of this development and a second driveway connection from
the proposed development to S. Tech Lane. (See analysis below).
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 more than 100 units provide the decision
making body shall require additional amenities to commensurate to the size of the
proposed development. The applicant is proposing the following qualifying amenities: 1)
a covered picnic area with fire pit and barbeques, 2) multiple large open grassy areas,
3)a clubhouse, 4) fitness facility, 5) pool and hot tub and 6)5 percent additional open
space. Staff is supportive of the proposed amenities for the development.
h. Elevations: Elevations are required to meet the architectural standards set forth in UDC
11-4-3-27E. As mentioned above, the applicant is proposing to construct a total of eleven
apartment buildings on the site each with the same architectural design. The proposed
buildings provide variations in the roof planes and modulation in the favades and all of
the structures are proposed to incorporate a mix of building materials to include the
following: two (2) wood siding materials (board and batten and horizontal lap),
architectural shingles, belly bands, decorative corbels, decorative rails, decorative
columns and brick (see Exhibit A. 4).
While staff is supportive of the proposed material changes, the development may have a
monotonous design concept and the applicant has not proposed any color schemes or
variations to the building design. At a minimum, staff is recommending modifications to
the proposed building design as follows:
• The development should consists of four (4) distinct color palettes of earth tone
colors to provide color variation;
• The applicant should provide four (4) distinct building designs within the
development. Each apartment building may use the same building form/design but
should incorporate a mix of three siding materials (cedar shake, stucco, horizontal
lap and board and batten), brick and/or stone wainscot, decorative corbels,
decorative rails, decorative column, belly bands and architectural roof shingles;
• The proposed clubhouse should be designed with the same building materials as the
apartment buildings to maintain a cohesive design theme; and
• The site will also consist of multiple carport structures. The submitted a carport is a
flat roofed single post design. 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 and administrative design review application.
i. Landscaping: Staff has reviewed the submitted landscape for compliance with the UDC.
The landscape plan, labeled Landscape Concept Plan, is approved with the following
modifications/notes:
Overland Park (CUP -14-009) PAGE 7
EXHIBIT A
All street facing elevations shall have landscaping along their foundation as
follows: the landscaped area shall be at least 3 -feet wide and have an evergreen
shrub with a minimum mature height of 24 inches for every 3 linear feet of
foundation. The remainder of the area shall be landscaped with ground cover
plans. The landscape plan submitted with the Certificate of Zoning Compliance
for the structures should comply with this requirement.
• Parking lot landscaping must be installed in accord with the standards listed in
UDC 11-313-8C. Each planter island that serves a single row of parking spaces is
required to be landscaped with at least one tree and shall be covered with low
shrubs, lawn, or other vegetative groundcover.
A written certificate of completion shall be prepared by the landscape architect,
designer, or qualified nurseryman responsible for the landscape plan and
submitted prior to City Engineer's signature on the Final Plat. All standards of
installation shall apply as listed in UDC 11-313-14.
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.
Site Plan: Staff has reviewed the submitted site plan and is recommending the following
revisions prior to the submittal of a certificate of zoning compliance application:
1. Provide a total of five (5) bike racks within the development, each capable of
parking 5 bikes.
2. Provide a vehicular access along the eastern boundary of the development to the
future office complex to the north or obtain approval of a property boundary
adjustment to reconfigure the parcels so the future office parcel has frontage/access
to S. Tech Lane.
3. To improve internal site circulation, staff and the Police Department recommends
the applicant extend the driveway north of the proposed clubhouse to S. Tech Lane.
4. Several of the proposed residential structures and the clubhouse are located over
existing sewer, water and irrigation easements established with the Kennedy
Commercial Subdivision. Prior to the issuance of a building permit, the applicant
will have to relinquish these easements and establish any new applicable easements
in accord with Public Works and the Irrigation District standards.
To buffer the proposed multi -family use from the industrial zoned property to the
west, the applicant should construct an 8 -foot tall solid fence, a 15 -foot wide
landscape buffer adjacent to the parking area and a minimum of a 25 -foot
landscape buffer adjacent to the buildings on the west boundary of the development.
The landscape buffers must comply with the standards in accord with UDC 11-311-
9C.
6. To enhance internal pedestrian connectivity the applicant should provide a 5 -foot
wide walkway in the two (2) 20 -foot wide planter islands north of the pedestrian
connections located on the south boundary of the development. The eastern most
pathway between the two (2) twenty-plexes should align with the walkway in the
planter island.
Overland Park (CUP -14-009) PAGE 8
EXHIBIT A
Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC application is
required to be submitted prior to issuance of building permits for any of the lots. The applicant is
required to obtain approval of a design review application for the proposed structures and site
design for the multi -family development. This application may be submitted concurrently with
the CZC application. The applicant must comply with the design standards listed in UDC 11-3A-
19 and the guidelines contained in the Meridian Design Manual.
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/Other
1. Vicinity Map
2. Proposed Site Plan
3. Proposed Landscape Plan
4. Proposed Building Elevations
B. Conditions of Approval
C. Required Findings from Unified Development Code
Overland Park (CUP -14-009) PAGE 9
EXHIBIT A
Exhibit A.1: Vicinity Map
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Overland Park (CUP -14-009) PAGE 10
EXHIBIT A
Exhibit A.2: Proposed Site Plan
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Overland Park (CUP -14-009) PAGE 11
EXHIBIT A
Exhibit A.3: Proposed Landscape Plan
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Overland Park (CUP -14-009) PAGE 12
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EXHIBIT A
Overland Park (CUP -14-009) PAGE 14
EXHIBIT A
Overland Park (CUP -14-009) PAGE 15
EXHIBIT A
B. Conditions of Approval
1. PLANNING DIVISION
1.1 Site Specific Conditions of Approval
1.1.1 The applicant shall meet all terms of the approved preliminary plat (PP -07-013), final plat (FP -
07 -036) and recorded development agreement (Instrument No. 114034780) for this site.
1.1.2 The site plan, dated 06/04/14, is approved with the following changes:
• The applicant shall revise the site plan to include a property management office;
maintenance storage area, central mailbox location and directory map.
• Provide a total of five (5) bike racks within the development (2 north, 2 south and 1
central), each capable of parking 5 bikes. The bike racks shall be designed in accord
with UDC 11 -3C -5C. A detail of the bike racks shall be submitted with the certificate of
zoning compliance application.
• Construct a vehicular access along the eastern boundary of the development to the
future office complex to the north OR obtain approval of a property boundary
adjustment application to reconfigure the parcels so the future office parcel has
frontage/access to S. Tech Lane.
• To improve internal site circulation, the applicant shall extend the driveway north of
the proposed clubhouse to S. Tech Lane. The applicant shall also extend an 8 -inch water
main in the alignment of the new driveway.
• Several of the proposed residential structures and the clubhouse are located over
existing sewer, water and irrigation easements established with the Kennedy
Commercial Subdivision. Prior to the issuance of a building permit, the applicant shall
relinquish these easements and establish any new applicable easements in accord with
Public Works and the Irrigation District standards.
• Any residential structures adjacent to the west boundary must be setback 25 feet from
the property line.
• To enhance internal pedestrian connectivity the applicant shall construct a 540ot wide
walkway in the two (2) 20 -foot wide planter islands north of the pedestrian connections
located on the south boundary of the development. The eastern most pathway between
the two (2) twenty-plexes must align with the walkway in the planter island.
1.1.3 The landscape plan, dated 06/02/14, is approved with the following changes:
• Landscaping along the foundation of the buildings shall comply with UDC 11-4-3-27F.
• To buffer the proposed multi -family use from the industrial zoned property to the west,
the applicant shall construct an 8 -foot tall solid fence, a 15 -foot wide landscape buffer
adjacent to the parking area and a minimum of a 25 -foot landscape buffer adjacent to
the buildings on the west boundary of the development. The landscape buffers must
comply with the standards in accord with UDC 11-311-9C.
Provide a minimum of 2.25 acres of common open space as proposed. The applicant
shall provide the following qualifying amenities: 1) a covered picnic area with fire pit
and barbeques, 2) multiple open grassy areas in excess of 5,000 square feet, 3)
clubhouse, 4) fitness facility, 5) pool and hot tub and 6) 5 percent additional open space
as proposed.
Overland Park (CUP -14-009) PAGE 16
EXHIBIT A
1.1.4 The building elevations attached in Exhibit A.4, are approved with the following changes:
• The development shall consist of four (4) distinct color palettes of earth tone colors to
include two field colors and one trim color;
• The applicant should provide four (4) distinct building designs within the development.
Each apartment building may use the same building design but shall incorporate a mix
of three siding materials (cedar shake, stucco, horizontal lap and board and batten),
brick and/or stone wainscot, decorative corbels, decorative rails, decorative columns,
belly bands and architectural roof shingles;
• The proposed clubhouse shall incorporate the same building materials (noted above) as
the apartment buildings to maintain a cohesive design theme; and
• The proposed carports shall be painted or powder coated to complement the overall
color scheme for 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 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 for the
maintenance of the development shall be a single entity overseeing the entire multi -family
development.
1.1.9 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-313-5I,
11-313-8C, and Chapter 3 Article C.
1.1.10 Floor plans shall be submitted with the Certificate of Zoning Compliance application(s) that
demonstrate compliance with the 80 square feet of private useable open space requirements listed
in UDC 11-4-3-27.
1.1.11 With the submittal of certificate of zoning compliance application, the applicant must include the
square footage of the proposed clubhouse so staff can verify the parking ratio for the proposed
development.
1.1.12 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-313-5I,
11-313-8C, and Chapter 3 Article C. At a minimum,171 of the 386 stalls must be covered.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the C -G zoning district listed in UDC
Chapter 2 District regulations.
1.2.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
1.2.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11.
Overland Park (CUP -14-009) PAGE 17
EXHIBIT A
1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-
15, UDC 11-3B-6 and MCC 9-1-28.
1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-313-5J.
1.2.7 Construct all required landscape areas used for storm water integration consistent with the
standards as set forth in UDC 11 -3B -11C.
1.2.8 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12.
1.2.9 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.
1.2.10 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.
1.2.11 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 -5B -6F1 or 2) gain approval of a time extension as set
forth in UDC 11-513-6F4.
2. PUBLIC WORKS DEPARTMENT
2.1 Site Specific Conditions of Approval
2.1.1 Applicant shall be required to upgrade the existing "private" sanitary sewer lift station and
discharge system to City of Meridian Standards to accommodate the proposed project.
2.1.2 Applicant shall work with the City and the Kennedy Commercial Center Owner's Association to
either convert the "private" sewer lift station ownership to "City" ownership, or establish a lease
agreement that places the operation responsibilities of the station with the City.
2.1.3 The applicant shall also be required to construct a looped water system by means of an additional
main connection on the west side of the project, to Overland Road, as shown on the project site
plan.
2.2 General Conditions of Approval
2.2.1 The applicant shall install mains to and through this subdivision; applicant shall coordinate main
size and routing with the Public Works Department, and execute standard forms of easements for
any mains that are required to provide service. Minimum cover over sewer mains is three feet, if
cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in
conformance of City of Meridian Public Works Departments Standard Specifications
2.2.2 The applicant shall be responsible to install water mains to and through this development,
coordinate main size and routing with Public Works.
2.2.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, a single -point
connection to the culinary water system shall be required. If a single -point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
signature on the final plat by the City Engineer.
2.2.4 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6.
Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association
Overland Park (CUP -14-009) PAGE 18
EXHIBIT A
(ditch owners), with written approval or non -approval submitted to the Public Works Department.
If lateral users association approval can't be obtained, alternate plans shall be reviewed and
approved by the Meridian City Engineer prior to final plat signature.
2.2.5 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.2.6 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
2.2.7 Street signs are to be in place, water system shall be approved and activated, fencing installed,
drainage lots constructed, road base approved by the Ada County Highway District prior to
applying for building permits.
2.2.8 All development improvements, including but not limited to sewer, fencing, micro -paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.2.9 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.
2.2.10 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.
2.2.11 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.2.12 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.13 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.2.14 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.
2.2.15 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1 -foot above.
2.2.16 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.
2.2.17 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.
2.2.18 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public
roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights
shall be installed at developer's expense. Final design shall be submitted as part of the
development plan set for approval. Applicant shall also include the location of any existing street
Overland Park (CUP -14-009) PAGE 19
EXHIBIT A
lights in the development plan set. Street lighting is required at intersections, corners, cul-de-sacs,
and at a spacing that does not exceed that outlined in the Standards. The contractor's work and
materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to
the ISPWC.
2.2.19 The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, water and reuse infrastructure for
duration of two ,years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Please contact Land Development Service for more information at 887-2211.
3. POLICE DEPARTMENT
3.1 The Police Department supports the second driveway connection to S. Tech Lane as noted in site
specific condition 1.1.2, bullet #4.
4. FIRE DEPARTMENT
4.1 Any newly installed Fire Department connections for sprinkler or standpipes will require locking
Knox box plugs.
4.2 Based on the size of new construction and the location of the sprinkler room in relation to the address
side of the structure, the AHJ may require separate Knox box locations. One being at the main,
address side entrance and the other at the entrance to the sprinkler riser room.
4.3 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 '/s" 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 4Y2" outlets.
g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
4.4 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and
48' outside, per International Fire Code Section 503.2.4.
4.5 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.
4.6 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International Fire
Code Sections 503.4 & D103.6.
4.7 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
4.8 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a
vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1.
4.9 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.
Overland Park (CUP -14-009) PAGE 20
EXHIBIT A
4.10 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in International
Fire Code Section 304.3.3.
4.11 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire
Code Section 506. Provide a knox box on the community center.
4.12 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in
International Fire Code Section 505.1. Coordinate with the Fire Department on placement of
address signage on building.
4.13 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.
4.14 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official as set forth in International Fire
Code Section 507.5.1. For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be
600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183
m).
4.15 All R-2 occupancies with 3 or more units shall be required to be fire sprinkled as set forth in
International Fire Code Section 903.2.8.
4.16 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets. IFC
102.9
4.17 There shall be a fire hydrant within 100' of all fire department connections as set forth in local
amendment to the International Fire Code 10-4-2L.
4.18 Buildings over 30' in height are required to have access roads in accordance with the
International Fire Code Appendix D Section D 105.
4.19 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
5. REPUBLIC SERVICES
5.1 Prior to submittal of a Certificate of Zoning Compliance (CZC) application to the City of
Meridian Planning Department, the applicant shall submit a scaled site plan and detail of the trash
enclosure to Bob Olson at Republic Services (345-1265) that demonstrates compliance with the
following items:
a. Suitable waste enclosure locations (enclosures should be located to minimize service vehicle
back-up requirement)];
b. Sufficient overhead clearance height for service vehicles (a minimum 13' clearance is
required, including power and telecommunication lines; this requirement increases to 22'
at container service locations);
Overland Park (CUP -14-009) PAGE 21
EXHIBIT A
c. Ample number and size of waste receptacles/enclosures to meet waste generation points and
volumes;
d. Adequate waste enclosure access (the applicant shall provide drive -on capability for 6 and 8
cubic yard containers; allow a minimum of 60' frontal clearance);
e. Adequate turning radius (provide a minimum 28' inside and 48' outside for all entrances,
internal roads, drive aisles, alleys, and private streets where they intersect a public street);
f. Any roadway greater than 150 feet in length that is not provided with an outlet shall be
required to have an approved turn around.
g. Meets design standards for waste enclosure(s):
i. Concrete pad for the waste enclosure (required for all enclosures);
ii. Concrete apron in front of waste enclosure (minimum 8' in depth)
iii. Gate locks for the waste enclosure for both open and closed positions;
iv. Clearance inside waste enclosure gates (minimum 12'x 10' when in open position) Note:
If building tenant wishes to recycle, please contact Bob Olson at Republic Services
(345-1265) for minimum dimensional requirements;
v. Bollards inside the enclosure to prevent the container from damaging the walls and gates;
vi. Waste enclosure user access (When possible, the enclosure should be designed with an
easy pedestrian access point other than the front gates to ensure less mess within the
enclosure as well as reduce gate damage);
6. PARKS DEPARTMENT
6.1 The Parks Department had no comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 Comply with all ACHD Standard Conditions of Approval and ACED Policies.
7.1.2 Access to this site is provided via Tech Lane and exiting private road, which intersects Overland
Road, a principal arterial roadway. Overland Road is planned to be widened 7 lanes in the future
and full access approaches on principal arterial roadways are typically prohibited. When
Overland Road is widened in the future or traffic conditions warrant Tech Lane maybe restricted
to right-in/right-out only.
7.1.3 A traffic impact fee may be assessed by ACHD and will be due prior to the issuance of a building
permit. This is a separate review process that requires direct plans submittal to the Development
Review staff at the Highway District. For questions regarding the submittal for impact fee
assessment please contact the Development Review staff at (208) 387-6170.
7.1.4 Prior to the construction, repair, or installation of any roadway improvements (curb, gutter,
sidewalk, pavement widening, driveways, culverts, etc.), a permit must be obtained from ACHD.
7.2 Standard Conditions of Approval
7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all
easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way
(including all easements).
Overland Park (CUP -14-009) PAGE 22
EXHIBIT A
7.2.2 Private Utilities including sewer or water systems are prohibited from being located within 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 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 ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
7.2.8 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 ACRD.
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 a waiver/variance of the requirements or other legal relief is granted by the ACHD
Commission.
Overland Park (CUP -14-009) PAGE 23
EXHIBIT A
C. Required Findings from Unified Development Code
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.
d. That the proposed use, if it complies with all conditions of the approval imposed, will not
adversely affect other property in the vicinity.
The Commission finds that the proposed development should not adversely affect other property in
the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this staff
report and constructs all improvements and operates the use in accordance with the UDC standards.
e. That the proposed use will be served adequately by essential public facilities and services
such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse
disposal, water, and sewer.
The Commission finds that sanitary sewer, domestic water and irrigation can be made available to the
subject property. Please refer to comments prepared by the Public Works Department, Fire
Department, Police Department and other agencies.
f. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
The Commission finds that the applicant will pay to extend the sanitary sewer and water mains into
the site. No additional capital facility costs are expected from the City. The applicant and/or future
property owners will be required to pay impact fees.
Overland Park (CUP -14-009) PAGE 24
EXHIBIT A
g. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The Commission finds that the proposed development will not involve uses that will create nuisances
that would be detrimental to the general welfare of the surrounding area.
The Commission recognizes the fact that traffic and noise will increase with the approval of this
development; however, whenever undeveloped property is developed the amount of traffic generation
does increase.
h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic
or historic feature considered to be of major importance.
The Commission finds that the proposed development will not result in the destruction, loss or
damage of any natural feature(s) of major importance.
Overland Park (CUP -14-009) PAGE 25