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HomeMy WebLinkAboutPZ - Staff ReportWestborough Square – MCU, RZ H-2015-0036 PAGE 1 STAFF REPORT Hearing Date: January 7, 2016 TO: Planning & Zoning Commission FROM: Sonya Watters, Associate City Planner 208-884-5533 SUBJECT: H-2015-0036 – Westborough Square – MCU, RZ I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Northside Management, has applied for a modification to the existing conditional use permit/planned development (CUP-05-027) (MCU) for Westborough Square to change the use and site layout from an office to a multi-family residential development. A rezone (RZ) is also requested of 3.32 acres of land from the L-O to the R-15 zoning district. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MCU and RZ with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H-2015-0036 as presented in the staff report for the hearing date of January 7, 2016, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number H-2015-0036 as presented during the hearing on January 7, 2016, for the following reasons: (You should state specific reasons for denial and what the applicant could do to gain your approval with another application.) Continuance I move to continue File Number H-2015-0036 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located at 6340 N. Jericho Road, in the northeast ¼ of Section 30, Township 4 North, Range 1 East B. Owner(s): Corey Barton 1977 E. Overland Road Meridian, ID 83642 Westborough Square – MCU, RZ H-2015-0036 PAGE 2 C. Applicant: Northside Management 6810 Fairhill Place Boise, ID 83714 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 modification and a rezone. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: December 21, 2015 and January 4, 2016 C. Radius notices mailed to properties within 300 feet on: December 17, 2015 D. Applicant posted notice on site by: December 28, 2015 VI. LAND USE A. Existing Land Use(s) and Zoning: This site is partially developed with drive aisles and a parking lot but no structures and zoned L-O. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: E. Chinden Blvd., residential properties in Ada County South: Residential properties, zoned R-2 East: Multi-family residential, zoned R-15 West: Residential properties, zoned R-15 C. History of Previous Actions:  In 2003, this property was platted as Lot 6, Block 1, Westborough Subdivision (recorded as Bk. 97, pg. 9884). There is an ACHD easement (Inst. 103149052) depicted on the plat across this property which has been released (Instrument No. 104106180) (see Exhibit A.6).  In 2005, this property received the following approvals as part of the larger Westborough Square Subdivision:  Annexation and zoning (AZ-05-018) with an L-O zoning district and a development agreement recorded as Instrument No. 105152707.  Conditional use permit (CUP-05-027) for a planned development consisting of professional office and multi-family uses in the L-O and R-15 zoning districts respectively with multiple buildings on a single lot and a waiver of the street frontage requirement in the R-15 district. Phase 1 of the PD has commenced and will consist of 40 multi-family dwelling units in addition to the 34 proposed with this application.  Preliminary plat consisting of 7 building lots and 1 common lot on 5.39 acres of land (PP-05-020).  A final plat (FP-05-075) was approved in 2006 but was never recorded and the preliminary plat is now expired. D. Utilities: 1. Public Works: Westborough Square – MCU, RZ H-2015-0036 PAGE 3 a. Location of sewer: Sanitary sewer mains to provide service to this project currently exist. b. Location of water: Water mains to provide service to this project currently exist. c. Issues or concerns: Due to water quality and redundancy concerns, the applicant shall be required to grant an easement for a future water main connection loop in Phase 1, to the east boundary of the overall Westborough Square Subdivision. The location and details of the easement shall be coordinated with the Development Services Division. E. Physical Features: 1. Canals/Ditches Irrigation: There is a ditch that runs through this site that has been piped. 2. Hazards: Staff is not aware of any hazards that exist on this site. 3. Flood Plain: This site is not within a flood plain. VII. COMPREHENSIVE PLAN This property is designated Mixed Use - Community (MU-C) with a Neighborhood Center (N.C.) overlay on the Comprehensive Plan Future Land Use Map (FLUM). The purpose of MU-C designated areas is to allocate areas where community-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial type buildings. All developments should have a mix of at least three land use types. Residential uses should comprise a minimum of 20% of the development area at densities ranging from 6 to 15 dwelling units per acre (d.u./acre). Non-residential buildings should be proportional to and blend in with adjacent residential buildings. See Comprehensive Plan for more information (pages 27-28). In MU-C designated areas where there is a N.C. overlay, the City seeks a centralized, pedestrian- oriented, identifiable and day-to-day, service-oriented focal point for neighborhood scale development. Like other designations, the N.C. areas shown on the FLUM are conceptual only and intended to identify a maximum walking distance from the core of the neighborhood center of ¼ mile. Neighborhood center developments are encouraged to be designed according to the conceptual neighborhood center plan depicted in Figure 3-4 in the Comprehensive Plan. See pgs. 28-29 in the Comprehensive Plan for more information. The proposed multi-family development consists of 34 residential dwelling units on 2.71 acres of land at a gross density of 12.55 dwelling units per acre consistent with the density desired in MU-C designated areas. This development along with the first phase of the multi-family development in process to the east, the townhomes to the west and the homes on 1-acre lots to the south provide a variety of housing types and rental/purchase options in this area. Commercial uses (i.e. a coffee shop, veterinary clinic, self-service storage facility, etc.) exist to the west at the N. Saguaro Hills Ave./E. Chinden Blvd. intersection, which provide services to area residents. Although offices would be a desirable land use type in this area to contribute to the mix of uses desired in MU-C designated areas, the lack of access to a collector or arterial street combined with the berm that exists along Chinden Blvd. which limits visibility of the site would be difficult to sustain an office or other commercial development. Although the MU-C area is predominately residential and is not designed as a neighborhood center, there is a mix of 3 different land use types provided in the overall area. Therefore, staff is in support of the applicant’s request. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): Westborough Square – MCU, RZ H-2015-0036 PAGE 4  “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 development of apartments on this site will provide for various rental options (2 or 3 bedroom units) for a variety of income groups.  “Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities.” (3.05.02F) A 1-acre low density residential property abuts the southern boundary of the site. The site plan depicts (2) 36-foot wide 3-plex structures separated by common area with associated parking along that boundary which provides a transition in density. The applicant also proposes to restrict the end units on the south side of these structures to a single story in height. A 6-foot tall solid vinyl fence exists along the south boundary and a few trees are also proposed adjacent to the parking area which will assist in screening and buffering the multi-family development.  “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F, pg. 45) City services are available to be extended to this site with development.  “Require appropriate landscaping and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.) A 35-foot wide landscaped street buffer with a berm and wall exists along E. Chinden Blvd, a state highway and entryway corridor, in accord with UDC 11-3H-4D.  “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F, pg. 53) This site is surrounded by different types of residential uses (i.e. townhomes, multi-family and single-family detached homes). Because the proposed use is residential, staff finds it should be compatible with existing adjacent residential properties.  “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) The only access proposed for this site is via E. Everest St./N. Jericho Road, both local streets, at the southwest corner of this site; direct access to E. Chinden Blvd. is prohibited.  “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 development is located near a major access thoroughfare (E. Chinden Blvd.); a multi-use pathway exists within the street buffer along E. Chinden Blvd. for recreational use. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone(s): Purpose Statement of the Residential Districts: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. B. Schedule of Use: UDC Table 11-2A-7 lists the principal permitted (P), accessory (A), conditional Westborough Square – MCU, RZ H-2015-0036 PAGE 5 (C), and prohibited (-) uses in the R-15 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed multi-family development is listed as a conditional use in the R-15 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: Development of the site shall comply with the dimensional standards listed in UDC 11-2A-7 for the R-15 zoning district. D. Landscape Standards: 1. Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table11-2A-7 and UDC 11-3B-7C. Street buffer landscaping already exists in accord with UDC standards along Chinden Blvd.; a street buffer isn’t required along E. Everest St. or N. Jericho Rd., both local streets. 2. Parking lot landscaping: All parking lot landscaping shall comply with the standards listed in UDC 11-3B-8C. 3. The multi-use pathway shall comply with the standards listed in UDC 11-3A-8 and 11-3B- 12C. The multi-use pathway already exists within the street buffer along E. Chinden Blvd. in accord with UDC standards. 4. Common open space and site amenities are required to be provided on the site in accord with the requirements listed in 11-4-3-27C and 11-4-3-27D. IX. ANALYSIS Analysis of Facts Leading to Staff Recommendation: CONDITIONAL USE PERMIT MODIFICATION: The applicant requests a modification to the CUP/PD (CUP-05-027) approved in 2005 to change the use of the property from office to multi-family residential and update the site plan accordingly for phase 2 of the development. The conceptual site plan included in Exhibit A.2 approved with the CUP/PUD shows how the site was previously approved to develop with 6 office buildings; the remainder of the site was approved to develop with multi-family residential uses which are currently under construction. A new site plan is proposed which depicts seven (7) 4-plex and two (2) 3-plex multi-family structures with a total of 34 residential units and associated common area (see Exhibit A.3). Specific Use Standards: The specific use standards for multi-family developments listed in UDC 11- 4-3-27 apply to development of this site as follows:  A minimum of 80 square feet (s.f.) of private useable open space is required to be provided for each unit. Floor plans were submitted for the ground floor units that depict 110 s.f. patios for each unit, in compliance with this requirement.  Development with 20 units or more are required to provide a property management office, maintenance storage area, central mailbox location (including provisions for parcel mail) that provides safe pedestrian and/or vehicular access, and a directory and map of the development at an entrance or convenient location for those entering the development. A property management office is not proposed on-site; the applicant states the office will be housed at the CBH office located in Meridian. Due to size of the apartment complex, staff recommends that the applicant construct an on-site property management office either as a stand-alone building or convert one of the residential units to the office use in accord with this UDC standard. The maintenance storage area is proposed to be located within one of the garages. A central mailbox is proposed near the entry of the development. A directory map of the development is required to be provided at the entrance to the development. The Westborough Square – MCU, RZ H-2015-0036 PAGE 6 plans submitted with the Certificate of Zoning Compliance application should depict these items.  At a minimum, 250 s.f. of outdoor common open space is required for each unit containing more than 500 s.f. and up to 1,200 square feet of living area. All of the proposed units (34) are within this square footage range. Therefore, a minimum of 8,500 square feet of common open space is required in accord with the standards listed in UDC 11-4-3-27C. The landscape plan proposes approximately 0.89 of an acre (or 38,841 s.f.) of qualified open space for this phase consisting of 20’ x 40-100’ wide strips between buildings; and common area that contains a play area, a horseshoe pit, community gardens, and a bocce ball court in compliance with this requirement.  For multi-family developments between 20 and 75 units, three (3) amenities are required to be provided with at least one from each category listed in UDC 11-4-3-27D.1. A total of 34 units are proposed, which requires a minimum of 3 amenities to be provided. The applicant proposes a tot lot/play area, bocce ball court, and a horseshoe pit as recreation amenities; a community garden as an open space amenity; and public art as a quality of life amenity in compliance with this requirement. Benches are also proposed in several locations within the development.  The architectural character of the structures shall comply with UDC 11-4-3-27E. The proposed elevations include windows on all elevations and slightly offset walls which provide articulation and variety; the windows will provide a view of common areas used for children’s recreation. The main entrances are clearly delineated through the architectural design of the building with weather protection over each entry; lighting and address identification should be provided. Roofs are sloped, have a significant pitch and a variety of roof planes when viewed from the street. Materials consist of horizontal and vertical hardboard lap and board and batten siding with asphalt shingles and convey an impression of permanence and durability. All roof and wall mounted mechanical, electrical, communications, and service equipment should be screened from public view from the adjacent public streets and properties by the use of walls, fences, enclosures or by other suitable means. The design of all structures on the site are subject to the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual (or any updated version thereof) and will be reviewed with the Design Review application(s).The proposed elevations are consistent with those under construction in Phase 1.  Landscaping is required to comply with UDC 11-4-3-27-F. All street facing elevations shall have landscaping along their foundations as follows: the landscaped area shall be at least 3- feet wide and have an evergreen shrub with a minimum mature height of 24 inches for every 3 linear feet of foundation. The remainder of the area shall be landscaped with ground cover plans. Landscaping is depicted along the foundations of the 2 buildings that face the street; details of the types of plantings proposed shall be included on the landscape plan submitted with the Certificate of Zoning Compliance application.  The development is required to record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features. The applicant shall submit documentation of compliance with this requirement with submittal of the first Certificate of Zoning Compliance application for this site. Parking: The UDC requires off-street vehicle parking to be provided on the site in accord with the standards listed in Table 11-3C-6 for multi-family developments. Based on these standards, 78 Westborough Square – MCU, RZ H-2015-0036 PAGE 7 parking spaces (34 of those covered) are required for the development. The site plan depict s 94 spaces, 78 of which are covered, which exceeds UDC standards. Therefore, the proposed site plan complies with UDC standards for vehicle parking. One bicycle parking space is required to be provided for every 25 proposed vehicle spaces or portion thereof per UDC 11-3C-6G. Based on a total of 94 proposed parking spaces, a minimum of 4 bicycle parking spaces should be provided for the development. There is no bicycle parking facilities depicted on the site plan. Bicycle parking in accord with this requirement should be depicted on the site plan submitted with the Certificate of Zoning Compliance application for the development. Landscaping: A 35-foot wide street buffer already exists along E. Chinden Blvd with a 10-foot tall berm and a wall as required by the DA and UDC Table 11-2A-7. Parking lot landscaping is required to be provided in accord with UDC 11-3B-8C. Multi-Use Pathway: A multi-use pathway exists within the street buffer along E. Chinden Blvd. in accord with UDC 11-3H-4C. Access: Access is proposed at the intersection of E. Everest Street and N. Jericho Road, both local streets; no access is proposed via E. Chinden Blvd. (SH 20-26). Fencing: There is an existing retaining wall along the north boundary of the site adjacent to E. Chinden Blvd./SH 20-26. There is also an existing 6-foot tall solid vinyl fence along the southern boundary of the site. No new fencing is depicted on the site plan. Building Elevations: Conceptual building elevations for five different types of multi-family structures were submitted with this application as shown in Exhibit A.5. All of the structures are 2 stories in height except for the two end units in the two southern structures that abut the low density residential property which are proposed to be a single-story in height. Building materials consist of horizontal and vertical hardboard lap and board and batten style siding with asphalt shingles. The proposed elevations are consistent with those approved for construction in Phase 1. Design Review (DES): An Administrative Design Review application is required to be submitted for approval of all of the proposed structures (carports, apartment buildings and property management office) and site design per UDC 11-5B-8. Development shall comply with the design standards listed in UDC 11-3A-19 and the design guidelines listed in the Meridian Design Manual (or any updated version thereof in effect at the time of application). Certificate of Zoning Compliance (CZC): A CZC application is required to be submitted to ensure that all construction and the establishment of the new use(s) complies with all of the provisions of the UDC prior to application for building permits. For multi-family projects, one or multiple CZC’s can be submitted. The design review and CZC application(s) may be submitted concurrently. REZONE: A rezone is also requested of 3.32 acres of land from the L-O to the R-15 zoning district consistent with the Comprehensive Plan as discussed above in Section VII. The rezone of the property will allow for the development of multi-family residential uses on the site as proposed on the site plan included in Exhibit A.3. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be rezoned. The City may require a development agreement (DA) in conjunction with a rezone pursuant to Idaho Code section 67-6511A. There is already an existing DA for this sit that was approved as a provision of annexation. To ensure the site develops consistent with the conceptual site plan proposed with Westborough Square – MCU, RZ H-2015-0036 PAGE 8 this application, staff recommends the DA is modified to require future development to substantially comply with the site plan in Exhibit A.3, prior to submittal of a Certificate of Zoning Compliance and Design Review application. X. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Previously Approved Conceptual Site Plan 3. Proposed Site Plan (dated: 11/17/15) 4. Proposed Landscape Plan (dated: 11/23/15) 5. Proposed Building Elevations 6. Release of ACHD Drainage Easement B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company 6. Ada County Highway District 7. Parks Department C. Legal Description and Exhibit Map for Rezone D. Required Findings from Unified Development Code Westborough Square – MCU, RZ H-2015-0036 PAGE 9 Exhibit A.1: Vicinity/Zoning Map #1 5929 1054 10981010986 5910 5943 5899 1065 5848 1082 1099 59165921 5872 5882 1076 1746 1067 1171 1810 1051 1145 1032 1123 5843 5897 5805 5831 1112 1650 2155 1842 1921 1890 1775 6361 6312 1874 6235 1778 6213 6274 1906 6210 6082 2055 89 3 6115 6389 92 9 1906 2175 83 1 6354 84 9 1714 865 6125 879 81 8 6238 6210 6059 2005 6293 1050 87 3 21 7 0 6178 90 4 6224 6164 83 4 6293 6049 866 6203 2081 805 6286 6320 79 8 6319 6333 6260 89 0 81 6 6375 6061 6279 6236824 6108 79 0 6197 6050 6217 6085 809 6037 89 1 6360 6253 91 5 11 1 5 92 7 6305 10 3 3 6241 969 87 2 10 4 5 6122 10 5 6 85 2 10 6 1 10 9 2 623180 6 6161 6208 6168 10 2 0 6064 10 4 9 90 2 87 5 10 7 0 6165 88 8 1114 6340 6137 6246 10 7 1 11 0 1 6368 6260 10 2 9 997 10 3 9 10 6 3 924 1410 6124 880 1504 10 7 7 1388 85 1 62696262 83 6 1522 912 92085 4 1420 6117 841 6181 1102 5908 6073 6084 5822 10 4 9 6036 1082 794 5827 10 2 5 5849 5867 10 1 5 6135 807 1297 10 5 1 10 7 5 768 6163 1454 1219 1253 10 2 1 13 5 2 5984 10 8 2 6193 1330 6191 5857 6059 581 10 3 4 808 598 764 706 10 4 2 6138 5898 859 6052 6121 5824 1356 833 6015 5934 5921 1242 932 10 6 4 5858 1066 5840 716 1476 6149 6297 1286 1882 1190 840 1264 6294 5884 6100 1168 6326 5932 6323 1488 1827 1832 1150 6100 1800 1906 1556 1878 1859 1573 1891 5930 1923 875 6140 1124 1856 576 1830 762 6234 5832 6166 6288 5940 6192 6208 6150 1034 789 5895 6340 797 742 587 823 6075 5966 911 5884 1437 10 8 5 5945 10 4 1 1960 98 5 5860 1934 5920 1908 6168 1842 5854 6295 1590 6175 1264 1385 1539 2120 1341 2060 5871 1241 6347 5917 58155805 5997 729 83 3 781 1805 91 7 5816 898 1827 1896 6020 87 0 6325 1843 10 4 4 885 6352 1765 5867 1934 10 5 0 5937 1822 5846 6082 1424 5893 6067 1855 6242 1324 5971 5875 5831 1308 788 1286 1363 1230 1682 1275 1319 6065 594 6396 5882 6326 5890 6267 740 5849 703 6136 755 6149 6085 945 1883 1100 6060 6119 1990 1947 6068 10 1 7 1939 1850 6177 1997 6081 1448 1928 5764 1403 1869 1374 6268 6347 5867 846 1793 5960 1864 1962 1921 6382 6040 6288 840 765 81 5 91 8 6133 6152 6110 10 2 2 6107 1536 1505 1396 5868 5838 5849 5886 820 872 1911 1895 1973 6124 5780 5885 L-O R-15 C-C R1 R-2 C-C R-4 R-8 R-2 RUT RUT R-8 R-15 R-8 R-4 R-8 R-4 RUT N L o c u s t G r o v e R d E Chinden Blvd E T h r e e C o r n e r s D r N M o r p h e u s A v e E Boulder Bar St E Tallinn St N S a g u a r o H i l l s A v e N R o s a S p r i n g s A v e N Senita Hills Ave N S t a r r y N i g h t A v e E Everest St E Karen Dr E D u n w o o d y C t E T h r e e C o r n e r s D r N R e d H i l l s P l E ThreeCornersDr E Tallinn St E Lockhart St E Pasacana St E Martello Ln N R a n c h e t t e L n E Azan St N M o r p h e u s A v e E Martello Ln E Lockhart Ln E Commander St E Townline Way E Golden Oak Ct E T h r e e C o r ners Dr E Cholla Hills St N S a g u a r o H i l l s P l N H o o d A v e N M a x i m u s P l N S w e e t V a l l e y A v e N M o r p h e u s W a y N K a r e n D r N S w e e t V a l l e y P l N Red Hills Ave N R o s a S p r i n g s A v e N J e r i c h o R d N M a x i m u s W a y ZONED R-2 WELL #26 SCHOOL CENTRAL ACADEMY HIGH SAGUARO CANYON NO 03 ARCADIA HIGHTOWER WESTBOROUGH SQUARE SUBDIVISION RESERVE SAGUARO SPRINGS/MADELYNN ESTATES JERICHO SUBDIVISION WESTBOROUGH SUBDIVISION SCHOOL RESERVE SUBDIVSION NO. 2 THREE CORNERS SUB NO. 02 THREE CORNERS NO.3 BULL RANCH Westborough Square – MCU, RZ H-2015-0036 PAGE 10 Exhibit A.2: Previously Approved Conceptual Site Plan Westborough Square – MCU, RZ H-2015-0036 PAGE 11 Exhibit A.3: Proposed Site Plan (dated: 11/17/15) Westborough Square – MCU, RZ H-2015-0036 PAGE 12 Westborough Square – MCU, RZ H-2015-0036 PAGE 13 Exhibit A.4: Proposed Landscape Plan (dated: 11/23/15) Westborough Square – MCU, RZ H-2015-0036 PAGE 14 Westborough Square – MCU, RZ H-2015-0036 PAGE 15 Exhibit A.5: Proposed Building Elevations Westborough Square – MCU, RZ H-2015-0036 PAGE 16 Westborough Square – MCU, RZ H-2015-0036 PAGE 17 Westborough Square – MCU, RZ H-2015-0036 PAGE 18 6. Release of ACHD Drainage Easement Westborough Square – MCU, RZ H-2015-0036 PAGE 19 Westborough Square – MCU, RZ H-2015-0036 PAGE 20 Westborough Square – MCU, RZ H-2015-0036 PAGE 21 Westborough Square – MCU, RZ H-2015-0036 PAGE 22 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 To ensure the site develops consistent with the conceptual site plan proposed with this application, the Development Agreement (recorded as Instrument No. 105152707) shall be modified prior to submittal of a Certificate of Zoning Compliance and Design Review application to require future development to substantially comply with the site plan and building elevations included in Exhibits A.3 and A.5. The two (2) southern units on the two (2) 3-plex structures along the south boundary of the site shall be restricted to a single -story in height as proposed by the applicant for a transition to the residential home to the south. 1.2 The site/landscape plan shall be revised as follows: a. Provide a minimum of 5 bicycle racks on the site (two buildings can share one). b. Depict the location of the maintenance storage area; on-site property manager’s office; central mailbox and directory map of the development at the entrance of the development on the plan in accord with UDC 11-4-3-27B.7. c. Depict details for the landscaping along the foundations of buildings that face the street (N. Jericho and E. Everest St.) in accord with the standards listed in UDC 11-4-3-27-F. 1.3 The applicant shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, incl uding, but not limited to, structures, parking, common areas, and other development features in accord with UDC 11-4-3-27G. Documentation of compliance with this requirement shall be submitted with the first Certificate of Zoning Compliance application for this site. 1.4 All roof and wall mounted mechanical, electrical, communications, and service equipment is required to be screened from public view from the adjacent public streets and properties by the use of walls, fences, enclosures or by other suitable means, per UDC 11-4-3-27E.7. 1.5 The applicant is required to obtain approval of a Certificate of Zoning Compliance application for establishment of the new use and to ensure all site improvements comply with the provisions of the UDC and the conditions in this report prior to application for building permits, in accord with UDC 11-5B-1. 1.6 The applicant is required to submit an application for Design Review concurrent with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and building design is required to be generally consistent with the elevations and site plan submitted with this application, the conditions of approval noted herein, and comply with the design standards and guidelines in effect at the time of submittal of the application. 1.7 Lighting and address identification shall be provided at each entrance per UDC 11-4-3-27E.2. 2. PUBLIC WORKS DEPARTMENT 2.1 Due to water quality and redundancy concerns, the applicant shall be required to grant an easement for a future water main connection loop in Phase 1, to the east boundary of the overall Westborough Square Subdivision. The location and details of the easement shall be coordinated with the Development Services Division. 3. FIRE DEPARTMENT 3.1 The Fire Department has no concerns related to this application. Westborough Square – MCU, RZ H-2015-0036 PAGE 23 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to this application. 5. REPUBLIC SERVICES 5.1 Republic Services has no concerns related to this application. 6. ADA COUNTY HIGHWAY DISTRICT ACHD has reviewed the submitted application and has determined that there are no improvements required to the adjacent street. The applicant shall be required to: 1. Pay a traffic impact fee. A traffic impact fee will be due prior to the issuance of a building permit by the lead agency. 2. Comply with all ACHD Policies and ACHD Standard Conditions of Approval for any improvements or work in the right-of-way. 3. Obtain a permit for any work in the right-of-way prior to the construction, repair, or installation of any roadway improvements ( curb, gutter, sidewalk, pavement widening, driveways, culverts, etc.). 7. PARKS DEPARTMENT 7.1 The Parks Department had no comments on this application. Westborough Square – MCU, RZ H-2015-0036 PAGE 24 C. Legal Description and Exhibit Map for Rezone Westborough Square – MCU, RZ H-2015-0036 PAGE 25 Westborough Square – MCU, RZ H-2015-0036 PAGE 26 D. Required Findings from Unified Development Code 1. Conditional Use Permit (UDC 11-5B-6E) The Commission shall base its determination on the Conditional Use Permit request upon the following: 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. Staff finds that the subject property is large enough to accommodate the future use and the dimensional & development regulations of the applicable districts (see Analysis Section IX for more information). b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Staff finds that the planned use of the property is consistent and harmonious with the UDC and Comprehensive Plan. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Staff finds that if the applicant complies with the conditions outlined in this report, the existing and future development should be compatible with other residential uses in the area and should 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. Staff finds that if the applicant complies with the conditions outlined in this report, the future use on the site will not adversely affect other property in the area. 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. Staff finds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently provided to the subject property. Staff finds that the proposed use will be served adequately by all of the public facilities and services listed above. 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 applicant will be financing any improvements required for development. Staff finds there will not be excessive additional requirements at public cost and nor will they be detrimental to the community’s economic welfare. 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. Staff finds the proposed use of the site as a multi-family development will not be detrimental to any persons, property or the general welfare of the area. Westborough Square – MCU, RZ H-2015-0036 PAGE 8 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. Staff finds that there should not be any health, safety or environmental problems associated with the proposed use. Further, staff finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance. 2. REZONE: 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 and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; Staff finds the proposed rezone to the R-15 zoning district is consistent with the MU-C future land use map designation for this property as discussed in Section VII. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Staff finds that the proposed R-15 zoning district and proposed multi-family residential use of the property is consistent with the purpose statement of the residential district in that it adds to the range of housing opportunities available within the City. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. However, Staff recommends that the Commission and Council consider any oral or written testimony that may be 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, Staff 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 11-5B-3.E). Because this application is for a rezone, this finding is not applicable.