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HomeMy WebLinkAboutTroy Place Subdivision CUP-05-025 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for Conditional Use Permit Approval for a Planned Development Consisting of Two (2) Four-plexes and One (1) Tri-plex with Reductions to B)lilding Setback Requirements, Lot Size and Lot Frontage in the R-15 Zone, by Pinnacle Engineers, Inc. Case No(s): CUP-05-025 For the City Council Hearing Date of: June 28, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. b. The matter was duly considered by the City Council at the June 28, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. Written and oral testimony was received on this matter, as reflected in the records ofthe City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O5-025 - PAGE 1 of 4 -. --.-. a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings is Mark Russell. 4. Requlre(fFindil1g~ per Zoning Ordinance a. See Exhibit D for the findings required for this application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, 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 August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan dated January 25,2005 as shown in Exhibit B, and the Site Specific and Standard Conditions as shown in Exhibit C. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O5-025 - PAGE 2 of 4 1. The applicant's Site Plan as evidenced by having submitted the Site Plan dated January 25, 2005 is hereby conditionally approved; and, 2. The Site Specific and Standard Conditions are as shown in Exhibit C. D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. Ifthe completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. Ifthe successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-4.B.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may 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 ofthe City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval 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. Exhibits Exhibit A: Legal Description CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O5-025 - PAGE 3 of 4 Exhibit B: Approved Site Plan Site Specific and Standard Conditions Exhibit C: Exhibit D: Conditional Use Permit Findings By ::7¿m of the City Council at its regular meeting held on the IÁ/YI..R- ,2005. 28 ~ day of COUNCIL MEMBER SHAUN WARDLE VOTED~ VOTED~ VOTED~ VOTED ~ COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED --- Copy served upon Applicant, The PI and City Attorney. By: City Clerk's Office Dated: LD-;)'~-DS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O5-025 - PAGE 4 of 4 í .,. ,--"'.'--'.'-""'--"" EXHIBIT A Troy Place Subdivision CUP CUP-O5-025 Legal ~esc!:~p!ion '"""""'.,,,. '" EXTERJOR ROt¡"'DARY TROY PLACE SUBI>IVrSION A pill't;cl ofland being a portion of the SEI14 Llflhe.N\'v'l/4 orSeclion 7. Town,hip 3 Norlh, Range I f,asl, Boise Mcrirlian, City of ~fcriJjan, Ada County, Maho; mot'!: paIticularly described liS ii)lIows: Commencing al a brass cap marking the West 1/4 Cornel' of said Section Î, thcllce along the South linc ofsaiJ KW[J4, NWJoOI'O6"E II distance of 1090.65 feet to ¡¡ púín\, frol11 which a br¡lss cap marking the Cçntcr 1/4 Comer of said Section 7 bears N89°01 'OG-'E a distance of1304,23 feet, thence leaving said South I¡[le NO0"58'S4"W a distallce lif 661.92 Jè<,tto a 5i8 ¡nt,h rcbarmarking the inkrseclion of E, Carlton Street and E. 2-1/2 Street, thence along the çenlerline of said E. 2-ti2 Street. KOO.O6'SO"W a distance of 561.34 feet to II 5iR inch rebar being the POINT OF BEGTNNI1'\G; Thence continuing along said centerline, NOO"06'SO"W a di~tance of 97.04 feet to II 5i8 inch rcbar marking the Southwest Com,.,r oLHiLTON SURD/ViSiON, as shown on the official plat recorded in Book 51 of Plats al pages 4160 and 4261, Records of Ada CoUnty, Idaho; Thence- leaving said ccl\wrlin¡o and along the South houndary line of said ,'vI/LTO}.,' SUlJD/VISfON N8so23'3S"E (fomlerly N88°22'n4"li) a distance of3.25-65 feet tn a 5/8 inch rchar; Thence SUOOOI '43"E! a dislance of 25, 19 feet (formerly SUO"UO'21"W a distance of24.99 feet) to a 5/8 inch rebar Thence leaving said SmIth line and cOlUinuing SI)(r'o '43"E a di~tance of 7158 feet to a S/8 inch rcbar; Thence S8S"20'41"W a distance of 325.51 feet to the POIKT OF BEGIN:-rTNG; Said parcd contains 31,540 square feet or 0.72 acres, more or less; and is subject 10 aJl existing casements and rights-or-ways of record or implied. ""'" ..,,'" EXHIBIT B Troy Place Subdivision CUP CUP-O5-025 Approved Site Plan "'",",", ", ,"' ' '""~',,,-<J,' .~~~~~-?~jl'~Jjr "," : :¡ t ,,--'-~"c! I;" ; I,", \ ":" h~~) ,---- 'I ' ~1 : ' '.í.f{- I:' "",, ,I ",1- , 'I " I" ., \, "m-I" J II 1 :,{ ::: -l1<~?<:- "I '\ : \ I [¡nl~r) "";";-:~'1+ l j~~";_." r{t~" ,," l:11 !\',t",._"-,~,, ->', '-"'f",;@.,j)"""" *:, "l - ':- ,," ""~;~-¡<' I , : ¡ ,-,~--.::.c.": ,,">'.. ; W \:}"'1}' '- : ,IY f¡ L':-~~";,,::ê"-"-",,,,-~;" ,¡ ¡ "T" """ r-:- .i, ,. r"C ""': r\ "" I ,'j:zL j' - , , \ - -- ""~fr j, 1:1\ Ii , I. 111 ,': '{I í f ~ \ ';" I'r; ~'-:¡J:'i:I'lL':""!:¡' , r '"" ",," I : 1 ,"" t 'r i~, ¡ ¡¡¡¡i-Lt,_;, '~:d ¡¡ ~r ;"'f":', ~",-"., ,,-.7 J . ,,; ~f kÌ':~. )",~",:::,~:,:"':",' II"'" ",..~~:)':~I ii', [l(IL" " ': ~,f;;~ I ~'1..1 " \Irl Lr """ + "1-' '1. ." ' ~ ' ,,' . LLJ ..-=..l>tf . i~'~lg~ n 'U' l1t ".- .~?-..~,,~:' H:: ~ ~,~r~ ,jl)~¡ ; 'lhi; íi\r~)/""',,'! I : '~~:Q," 1'",','1" " 1'¡toJ - rl' "-'"""""-;""- ;!¡1ì;m 1 / ¡ r... (l!i ' " ' ~~i ~ E : ~;i' :¡I! 11~;"'t . W1'~~' ~'¡Î~i¡ ll'~ Ii '¡¡~"'I r¡¡~::,:~~',: .'!.. ~~';~""=""'~r-- '; , r~~) ,lt~'.3',,=~~_.: 'I F~~_~.~~~.','~:.~~ii:i:, ",",:~:~~! "~~"~-2;~;~-~L....J"" _';:;~r,~ .."-,,,,-_.. : 'I~' ,1':. 1 ; "',1'. , " ¡ f' , ¡ r '!!!,n¡w:,¡, ", ,,~I" , 'II~_J '! iÌ : '" ' :_' :.' ,>,: ~ " ;;¡ U;i: '¡ " ; '" L : . .. .,' "i i' ¡ I'~ ,~.~: I,," -,,- ,""",,- ' , r I ' ;l "--".L'~ EXHIBIT C Troy Place Subdivision CUP CUP-O5-025 Site Specific and Standard Conditions SITE SPECIFIC CONDITIONS OF APPROVAL (CUP) I. The site plan prepared by Pinnacle Engineers, Inc., dated 1-25-05 is approved with the conditions listed herein. The applicant shall meet all of the applicable requirements ofCUP-03-038, CUP-04-003, and PFP-04-001 as a condition of the subject Conditional Use Permit (CUP-05-025). - 2. The lot size and lot frontage modifications previously approved by the City with CUP-04-003 and PFP-04-00l are also approved for CUP-05-025. Additionally, the buildings within this development may have building setbacks as follows: Front: 20 feet Rear: 10 feet Side (not per story): 7 feet (north); 10 feet (south) NOTE: The existing tri-plex may remain approximately 7 feet from the southern property line. 3. Construct a basketball court and a BBQ pit area with a picnic bench for the residents of the development as amenities for the PD. All dwelling units within the development shall be provided with access to said amenities. 4. Set aside 0.08 acres (10.9%) as open space for the development, as proposed, Provide at least 100 square-feet of private useable open space for each dwelling unit. Present, at the public hearing, calculations and/or drawings that explain how the required usable private open space requirement will be met for the multi- family development. 5. The submitted landscape plan, prepared by Pinnacle Engineers, dated 12-26-05 (sic) is approved with the following modifications/notes: . Provide a 10-foot wide landscape buffer along 2Y2 Street. Said landscape buffer shall not preclude the construction of hard-surface driveways. Landscaping shall be in accordance with MCC 12-13-10. . Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed, Required landscaping trees will not be considered as replacement trees for those trees that may be removed (MCC 12-13-13-3). . Unless otherwise required by the Commission and Council, provide a 10-foot wide landscape buffer with 10 new trees between the buildings and the south property line, as proposed. This buffer is approved with a modification to City Code. . Unless otherwise required by the Commission and Council, provide a 13. 14. minimum 5-foot wide landscape buffer along the north property line, as proposed, This buffer is approved with a modification to City Code. . Along the north property line, construct a 6 foot fence from the east property line to the maple tree and a 4 foot tall or less fence the remainder of the distance to 2 Yt Street. 6. Access to the development shall be provided from a 25-foot wide (minimum) drive aisle off2 Y2 Street. Ifthe eave height of the proposed buildings is over 30 feet, then the drive aisle width shall increase to 26 feet (per Meridian Fire Department). The cross section of the drive aisle shall be built to ACHD standards for weight bearing purposes. 7. No signs are approved with this CZc. All signs will require a separate sign permit in compliance with the sign ordinance. 8. The applicant shall confirm the location of the existing sanitary sewer line bisecting the property, and grant the City an easement for the line if it is outside of the existing easement. 9. Construction materials used on the structures shall be approved by City of Meridian Building Department and in accordance with the most recent Building Code, 10. No buildings or other structures shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). 11. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 12. If construction has not begun within 18 months of City Council approval, a new conditional use permit must be obtained prior to the start of development. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 11-13-4.c. All construction shall conform to the requirements of the Americans with Disabilities Act. 15. Applicant's (or successor's) failure to comply with any ofthe terms of approval ofthe conditional use permit shall be cause for revocation ofthe conditional use permit. OTHER AGENCY COMMENTS & CONDITIONS MERIDIAN PUBLIC WORKS DEPARTMENT 1, Street signs are to be in place, water system shall be approved and activated, fencing shall be installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2. A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 3. 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. 4. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 5. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. 6. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 7. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 8. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 9. Developer shall coordinate mailbox locations with the Meridian Post Office. 10. All grading of the site shall be performed in conformance with MCC 11-12-3H. 11, 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. 12, Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 13. 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 City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the meridian City Engineer prior to final plat signature. 14. Please submit all updated groundwater/soils monitoring data to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 100-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above, 15. Two-hundred-fifty and one hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 16. Applicant's engineer shall be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 17. Revise the site plan to indicate the means and location of the storm drainage facilities. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord.557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 18, Underground pressurized irrigation shall be provided to all buildable lots, and landscape areas on site. Applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained by the Homeowner's Association. Since the system is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual shall be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the municipal water system shall be required. If a single-point connection is used, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. MERIDIAN FIRE DEPARTMENT 1. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side ofthe hydrant location. e. Fire Hydrants shall be placed on corners when spacing pennits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. For all Fire Lanes, paint the curb red and provide signage "No Parking Fire Lane". 5. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site, 6. Maintain a separation of5' from the building to the dumpster enclosure. 7. The first digit of the Apartment/Office Suite shall correspond to the floor level. 8. The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of Please contact Joe Silva (888-1234) to address this concern prior to the public hearing. 9. 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. 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). 10. All R-2 occupancies with 6 or more units or with 3 floors shall be required to be fire sprinklered. 11. There shall be a fire hydrant within 100' of all fire department connections. 12. Buildings over 30' in height are required to have access roads in accordance with Appendix D Section D105. NAMPA & MERIDIAN RRIGATION DISTRICT 1. If all storm drainage is retained on-site there will be no impact on N amp a & Meridian Irrigation District an no further review will be required. However, if any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires that a Land Use Change Application is filed for review prior to final platting, Please contact Donna Moore at 466-7861 for further information. 2. All laterals and waste ways must be protected. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. ADA COUNTY HIGHWAY DISTRICT 1. On February 24, 2004, the Ada County Highway District Commission acted on PFP-04-001/Troy Place Subdivision. The conditions and requirements also apply to MCUP-05-025. 2. You will need to submit final plans to the ACHD Development Review Department prior to receiving final approval. 3. A traffic impact fee will be assessed by ACHD and will be due prior to the issuance of a building permit. Contact ACHD Planning & Development Services at 387-6170 for information regarding impact fees. EXHIBIT D Troy Place Subdivision CUP CUP-O5-025 Conditional Use Permit Findings STANDARDS FOR CONDITIONAL USES 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 fmd evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; Although the site is large enough to accommodate all of the features required by ordinance, the applicant has asked, through the Planned Development, to modifY specific development standards. The R-15 zone requires a 5 foot setback per story, a 15 foot rear setback, and a 20 foot front setback. The CUP/PD includes a request for reduced building setbacks in the R-15 zone. The applicant is proposing side setbacks down to 7 feet, a 10 foot rear setback, and a 20 foot front setback. Reductions to lot size (2,400 square-feet), lot frontage (0'), building setbacks (3' front, 9' rear, 6' side) and driveway widths were previously granted for this site (see CUP-04-003). With the exception of the new building setbacks (7' side, 10' rear, and 20'ITont), the previously approved modifications are requested to carryover to the configuration proposed with the subject cup, City Council is supportive of the requested dimensional deviations because all of the buildable lots within the subdivision have access to the common parking/drive lot and the proposed lots can accommodate the proposed building envelopes, with a modification to the standard setbacks, Meridian City Code 12-13-16 requires all multi-family developments to provide common open space that equals or exceeds ten percent of the gross land area, The applicant has proposed 0.08 acres (10.9%) as open space. In addition to the common open space requirement, Meridian City Code 12-6-2.AA states that all residential planned developments shall provide each dwelling unit with at least one hundred square feet of use able private open space, such as a patio or deck. The applicant is providing patios and decks for the units, On the submitted site plan, the applicant has shown enough parking to accommodate the proposed uses. The applicant is proposing a single-car garage for each unit and one additional parking stall in front of the garage (tandem). The applicant is also proposing 3 visitor parking stalls near the northeast portion of the site, by the storm drain area, City Council finds that the site is large enough to accommodate the proposed uses and all yards, open spaces, parking, landscaping and other features required by ordinance and/or by modifying the requirements through the Planned Development processes. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; This site is currently designated as "High Density Residential" on the Comprehensive Plan Future Land Use Map and zoned R-15. In Chapter VII ofthe Comprehensive Plan, "High Density" residential areas are planned for development of multi-family homes in areas where urban services are provided. Residential densities may exceed eight dwelling units per acre. This residential development might include duplexes, apartment buildings, townhouses, and other multi-unit structures. A desirable project would consider the placement of parking areas, fences, berms, and other landscaping features to serve as buffers between neighboring uses." City Council finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (analysis is in italics below policy): . "Develop standards for integrating medium-to-high density residential into existing subdivision development." (Chapter VII, Goal I, Objective C, Action item 2) The applicant is applying for a Planned Development, the common method of getting higher density residential projects approved in existing residential areas or subdivisions. . "Require screening and landscape buffers on all development requests that are more intense than adjacent residential properties." (Chapter VII, Goal IV, Objective C, Action item 2) The applicant will be required to provide adequate screening and perimeter landscaping. . "Adopt land use designations which will allow for housing opportunities for all income levels." (Chapter VII, Goal IV, Objective C, Action item 9) The City has previously zoned this site R-15 and has designated itfor high density residential, which allows for multi-family dwellings. A high density designation contributes to a greater diversity of housing opportunities within the City, . "Support a variety of residential categories (low-, medium-, and high- density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." (Chapter VII, Goal IV, Objective C, Action item 10) See previous bullet. . "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." (Chapter VII, Goal V, Objective A, Action item 14) This site is located across the street from properties designated" Old Town" on the Comprehensive Plan Future Land Use Map and is near Fairview Avenue and Main Street, both major access thoroughfares. . "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land use decisions." (Chapter VI, Goal II, Objective A, Action item 3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. The applicant will be required to construct sidewalk on 2~ Street abutting the site. The applicant has requested modifications to the standard lot size, setback and frontage requirements of the R-15 zone. City Councilfinds that if the Commission and Council grant the applicant the requested modifications with the CUP/PD, and the applicant complies with the conditions included in this report, the configuration and overall design of the development would be in general conformance with the City of Meridian 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; City Council finds that the proposed apartment houses can be compatible with other uses in the neighborhood and with the intended character of the general vicinity, which is essentially a mix of residential and commercial uses; however, F. City Council is concerned with the height and bulk of the proposed structures and how they relate to the surrounding properties. City Council finds that if the applicant complies with the conditions outlined in this report, the general design, construction, operation, and maintenance should be compatible with other uses in the general neighborhood, D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; At the previous public hearing for development of this site testimony was provided from property owners to the north and south. The main concern of one of the property owners to the south was privacy of multi-story buildings. The main concern of the property owner to the north was driveway access and fencing/landscaping along the north property line. City Council does not anticipate the proposed use will have an adverse affect on other property in the vicinity if designed, constructed, operated and maintained in accordance with the conditions of approval. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; On April 29, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property, Based on the joint agency/department meeting and other comments received from other agencies/departments, City Council finds that the public services listed above can be made available to accommodate the proposed use. The subject site has adequate access to Fairview Avenue and Main Street via local streets in the area. The City of Meridian Fire and Police Departments currently monitor, service, and protect the subject neighborhood. Sanitary Services Company currently provides refuse service to the site and surrounding properties. The site is serviced by city water and sewer currently. City Council finds that the proposed development is currently adequately served by the essential public facilities and services listed above. The Commission and Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; I. Because this is an infill site and because public facilities and services are currently being provided to the site and the surrounding vicinity, City Council finds that the proposed use will not be detrimental to the economic welfare of the community, nor will it create the need for any new facilities or services to be paid for by the public, If approved, the applicant will be financing any improvements required for development. 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 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; This development is estimated to generate 29 additional vehicle trips per day (18 existing) based on the Institute of Transportation Engineers Trip Generation Manual. The proposed residential use is consistent with the existing residential use on the site. City Council recognizes that traffic and noise will increase with the approval; however, City Council does not believe that the amount generated will be detrimental to the general welfare of the public. City Council does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The applicant is proposing to construct a 25-foot wide driveway off East 2Y2 Street, located near the site's north property line. ACHD staff has previously reviewed and approved this one vehicular approach to the site with CUP-04- 003/PFP-04-001. City Council finds that the proposed use and associated approach will not create significant interference with any traffic on the surrounding public streets. 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. City Council is unaware of any natural of scenic features of major importance on this site and finds that no natural or scenic features of major importance will be lost or damaged by approving the annexation and zoning application. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance.