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HomeMy WebLinkAboutFindingsRECEISTEID DEC 4 4 2007 City Of Meridian CityClerk Office CITY OF MERIDIAN V IDIAN16 `' FINDINGS OF FACT, CONCLUSIONS C. 1, I D A H O OF LAW AND DECISION & ORDER In the Matter of Rezone of 3.66 acres from R-15 (Medium -High Density Residential) to TNR (Traditional Neighborhood Residential); Preliminary Plat approval of 38 residential building lots on 2.81 acres in a proposed TN-R zoning district; Conditional Use Permit for 31 multi -family residential units on 4 parcels in an existing R-15 zone on 2.93 acres; and Miscellaneous application to modify the exiting Development Agreement (Instrument # 106141056) for the Gramercy Subdivision listing the permitted and prohibited home occupational uses within the Brownstones and ensure the Brownstones and future Condominiums are constructed as shown with the submitted elevations, by Tuscany Development, LLC. Case No(s). RZ-07-016, PP-07-018, CUP-07-018, MI-07-015 For the City Council Hearing Date of: December 4, 2007 (Findings on the December 18, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 4, 2007 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 4, 2007 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 4, 2007 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 4, 2007 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 City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-016, PP-07-018, CUP-07-018, MI-07-015 -I- Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 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 Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Descriptions, Preliminary Plat, Site Plans, and the Conditions of Approval all in the attached Staff Report for the hearing date of December 4, 2007 incorporated' by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated July 12, 2007 is hereby conditionally approved; 2. The Applicant's Rezone request, as evidenced by having submitted the legal description and exhibit map, stamped and dated July 26, 2007, by D. Terry Peugh, PLS, is hereby conditionally approved; 3. Development Agreement Addendum is required with approval of the subject Rezone application and shall include the provisions noted in the attached Staff Report for the hearing date of December 4, 2007, incorporated by reference; 4. The applicant's Site Plan as evidenced by having submitted the Site Plan dated November 2, 2007 is hereby conditionally approved; 5. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of December 4, 2007 incorporated by reference. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-016, PP-07-018, CUP-07-018, MI-07-015 -2- D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- TA, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require 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 (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-016, PP-07-018, CUP-07-018, MI-07-015 -3- 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 plat or 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, 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. Attached: Staff Report for the hearing date of December 4, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-016, PP-07-018, CUP-07-018, MI-07-015 -4- B action of the City Council at its regular meeting held on the l� da of , 2007. y COUNCIL MEMBER DAVID ZAREMBA VOTED_*!!�-- COUNCIL MEMBER JOE BORTON VOTED_*�-- COUNCIL MEMBER CHARLIE ROUNTREE VOTED_ _Y�� COUNCIL MEMBER KEITH BIRD VOTED_*! — TIE BREAKER MAYOR TAMMY de WEERD VOTED MAY jl,TA DE WEEOrr RD ATTEST: _ REAL WILLIAM G. BERG, JR., CLE 7- Zu /' Q T 15'� • �. Copy served upon: ✓ Applicant''��,TY�����,`��``\ _✓ Planning Department Public Works Department City Attorney B : Dated: ity Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-016, PP-07-018, CUP-07-018, MI-07-015 -5- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 STAFF REPORT Hearing Date: December 4, 2007 TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner E IDIAN' (208) 884-5533 I D A H O SUBJECT: Gramercy Townhomes • RZ-07-016 Rezone of 3.66 acres from R-15 (Medium -High Density Residential) to TN-R (Traditional Neighborhood Residential). • PP-07-018 Request for Preliminary Plat approval of 38 residential building lots on 2.81 acres in a proposed TN-R zoning district • CUP-07-018 Conditional Use Pernrit for 32 31 multi -family residential units on 4 parcels in an existing R-15 zone on 2.93 acres. • MI-07-015 Miscellaneous anolication to modify the exiting Development Agreement (Instrument # 106141056) for the Gramercy Subdivision listing the permitted and prohibited home occupational uses within the Brownstones and ensure the Brownstones and future Condominiums are constructed as shown with the submitted elevations I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Tuscany Development, LLC, has applied for a Rezone (RZ) of 3.66 acres from R-15 (Medium -High Density Residential) to the TN-R (Traditional Neighborhood Residential). Concurrently, approval of Preliminary Plat (PP) of 38 residential building lots on 2.81 acres in a proposed TN-R zone is also requested that would allow for the future construction of attached townhouses on this site. Also, a Conditional Use Permit (CUP) is being requested for multi -family residential use on 4 other parcels in an existing R-15 zone. The Applicant intends to condo the buildings on these four parcels consisting of 32 31 total units. The applicant is proposing a unique product mix for this development. The development will include 32 multi -family units proposed to be platted as condominiums in the future and 38 townhouses with alley loaded garages with a first floor work space allowing the owners the opportunity to work from home. The applicant is also requesting approval to amend the Development Agreement for the subject site The purpose of the modification is to list the ermitted and Prohibited uses within the Brownstone units and tie the developer to the elevations submitted with this application. NOTE: The applicant submitted the Miscellaneous aPpOcation after the Planning & Zoning Commission hearing. Staff has updated the staff rep2rt to reflect both the Commission's action on the RZ PP and CUP a lication and Staffs recommendation on the MI application. New information is 13rovided in underline format throughout the report This property was previously annexed and zoned (AZ-06-021) to R-15, preliminary platted (PP-06- 019) and a portion of it final platted (FP-06-048) as part of the Gramercy Subdivision (fka.Kenai) for a mix of commercial and residential lots approved in 2006. However, the scope of this project is Gramercy Townhomes RZ CUP PP MI PAGE CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 limited to a total of 5.74 acres in size. There are two aspects of this project being proposed at this time. One aspect is the rezone and preliminary plat for the brownstone units (townhomes) and the second aspect is the CUP for the multi -family units (future condominiums). The site is located approximately '/ mile west of S. Eagle Road, and just south of E. Overland Road. The subject property is currently located within the Urban Service Planning Area and the corporate boundaries of the City. The comprehensive plan designates this site as mixed -use regional. 2. SUMMARY RECOMMENDATION The subject applications (RZ, CUP, PP) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Rezone, Conditional Use Permit, Preliminary Plat and Miscellaneous applications. Staff is recommending approval of the proposed Gramercy Townhomes (RZ-07-016, CUP-07-018, PP- 07-018 and MI-07-015) with the conditions listed in Exhibit B of the Staff Report. NOTE: If the Commission forwards on a recommendation of approval, Staff is recommending the applicant submit a DA modification limiting the home occupational uses in the brownstones for the City Council's review and approval (see Analysis below). The Meridian Planning & Zonin2 Commission heard these items on October 18 2007. At the public hearin11 the moved to recommend approval of the subject RZ PP and CUP applications. a. Summary of Commission Public Hearing i. In favor: Becky McKay Representative and Joe Atalla Applicant ii. In opposition: None iii. Commenting: None iv. Written testimony: None V. Staff resentin application: Bill Parsons vi. Other staff commenting on application• Caleb Hood It. Key Issues of Discussion bv Commission: i. Parking for the future Condominiums ii. Secondary access to the site iii. Occupancy classifications iv. Additional trees and foundation landscaping, V. Whether the corners of the develo went should be considered/reviewed as multi -family apartments or single-family condominiums vi. Requiring 20' X 20' parking pads for the condominium units as stated in the Staff Report (Condition 1.2.10). vii. The applicant clarified at the hearing. the future Condominium units meet the 80 sq. ft. of private useable open space requirement per the UDC s. Key Commission Chanee(s) to Staff Recommendation i. Strike condition 3.24 requestin1l additional Dar -king spaces from the Fire Department. ii. Additional trees and foundation plantings shall be require Per the Staff Report. iii. Amend condition 3.11 • the apPlicant shall work with the Meridian Fire Department in determining the classification for the Brownstone units iv. Conditions 3.23 and 4.2 striking thru the Preferred location for secondary access to Mountain View High School Gramercy Townhomes RZ CUP PP MI PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 IL Outstanding Issues) for City Council: i. The applicant has submitted a revised site Plan, prepared by Engineering Solutions Inc. dated November 2 2007 reflecting the Commission's recommended parking standards requiring the 20' X 20' pads and Parking stall dimensions for the multi -family units future Condominiums). The a licant has removed one of the multi-familyunits now there are 31 total. Staff has reviewed the revised site Plan and finds the applicant in compliance with the City's parking standards ii. The a DPliCant has submitted a miscellaneous application to amend the development agreement for this site The proposed DA modifications pertain to elevations and potential home occupations on this site Staff has amended Condition 1.1.3 In Exhibit B related to the Proposed DA modification. IV. 1he shared access of the Brownstones r lat d V.rgenc to th v_ ctair�saventrRnrP vehicle _�r� •_.. -s.� naafi Dorton of the develonme� vi. The possible reouiremPntc ^f+tie A-nng- __._._ . 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-07- 016, CUP-07-018, PP-07-018 and MI-07-015 as presented in staff report for the hearing date of December 4, 2007 with the following modifications: (Add any proposed modifications.) Gramercy Townhomes RZ CUP PP MI PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 Denial After considering all staff, applicant and public testimony, I move deny File Numbers RZ-07-016, CUP-07-018 PP-07-018 and MI-07-015 as presented during the hearing date of December 4, 2007 for the following reasons: (You should state specific reasons for denial of the rezone and you must state specific reason(s) for the denial of the plat and CUP and what the applicant can do to gain your approval in the future. Continuance I move to continue File Numbers RZ-07-016, CUP-07-018, PP-07-018 and MI-07-015 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS_ a. Site Address/Location: Approximately % mile west of S. Eagle Road and south of E. Overland Road NE '% of Section 20, T.3N., R.1 E. b. Owner: Tuscany Development, Inc. 6223 N. Discovery Way Boise, ID 83713 c. Applicant: Same as Owner d. Representative: Becky McKay, Engineering Solutions e. Present Zoning: R-15 (Medium Density Residential) f. Present Comprehensive Plan Designation: Mixed Use Regional g. Description of Applicant's Request: The applicant is requesting rezoning 3.66 acres from R-15 to TN-R, preliminary plat for 38 residential building lots and conditional use permit for multi -family developments in an existing R-15 zone on four separate lots. The plat and the rezone are to allow for the future construction of 38 single family attached homes. The multi -family developments are proposed for platting as condominiums; totaling -3-2 31 units. 1. Date of Preliminary Plat (attached in Exhibit A): July 12, 2007 2. Date of Site Plan (attached in Exhibit A): July 12, 2007 3. Date of Landscape Plan (attached in Exhibit A): July 13, 2007 4. Date of Elevations (attached in Exhibit A): May 23, 2007 5. PROCESS FACTS a. The subject application will in fact constitute a Rezone as determined by City Ordinance. By reason of the provisions of UDC 11-5A-2, a public hearing is required before the Commission and City Council on this matter. b. The subject application will in fact constitute a Conditional Use Permit as determined by City Ordinance. By reason of the provisions of UDC I 1-5A-2, a public hearing is required before the Commission and City Council on this matter. c. The subject applications will in fact constitute Preliminary Plat as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter 6, a public Gramercy Townhomes RZ CUP pp MI PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 hearing is required before the Commission and City Council on this matter. d. Newspaper notifications published on: October 1, 2007 and October 15, 2007 Commission); November 12.2007 and November 26 2007 (City Council) e. Radius notices mailed to properties within 300 feet on: September 21, 2007 (Commission); November 9.2007 (City Council) f. Applicant posted notice on site by: October 8, 2007 (Commission); November 24 Council , 2007 (Gifu 6. LAND USE a. Existing Land Use(s): Vacant land. b. Description of Character of Surrounding Area: This area is rapidly transitioning into a mixed use area. A wide variety of commercial uses and traditional residential neighborhoods surround the subject site. c. Adjacent Land Use and Zoning: 1. North: Vacant Land; zoned C-G. 2. East: El Dorado Business Park; zoned C-G. 3. South: Single Family Residential (Thousand Springs Subdivision); zoned R4. 4. West: Mountain View High School; zoned R-4 d. History of Previous Actions: This property was annexed and zoned (AZ-06-021) C-G and R-15 and preliminarily plat for 64 single family detached residential lots, 24 alley loaded/attached single family residential lots, 9 multi -family residential lots, 25 common lots, and 32 commercial lots on 77.66 acres in 2006. A final plat (FP-06-048) was approved for 50 residential lots, 32 commercial lots, one city park lot and 21 common lots on 62.01 acres in 2006. e. Existing Constraints and Opportunities: L Public Works: Location of sewer: South Wells Ave and S Accolade Ave. Location of water: South Wells Ave and S Accolade Ave E Copper Point St. Issues or concerns: Secondary Water Connection to Kiwanis Park is needed for fire flow requirements. 2. Canals/Ditches Irrigation: The Ridenbaugh Canal runs along the southern property boundary and does not impact the development of the subject sites. 3. Hazards: N/A 4. Proposed Zoning: Existing R-15 (Medium High Density Residential) for the 4 multi -family lots and proposed TN-R (Traditional Neighborhood Residential) for the proposed 38 residential building lots associated with this preliminary plat application. 5. Size of Property: 5.74 acres in total f. Landscaping 1. Width of street buffer(s): N/A (35' landscape buffer along Overland Road approved with the Gramercy Townhomes RZ CUP PP MI PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 Gramercy final plat.) 2. Width of buffer(s) between land uses: N/A (UDC does not require buffers between residential uses). 3. Percentage of site as open space: Approved with the Preliminary and Final Plat associated with the site. As part of the above mentioned approvals, all amenities were also approved. 4. Other landscaping standards: See UDC 11-4-3-27F, Landscape requirements for Multi -family Developments. g. Amenities: Amenities for the subject site were previously approved with the preliminary and final plats associated with the Gramercy Subdivision. The following amenities are include: multi- use pathway along the west and south side of the site, a pocket park with a dog area and water feature and a grassy area of at least fifty feet by one hundred feet in size incorporating picnic areas for the future residents. h. Off -Street Parking: UDC 11-3C-6 requires multi -family dwellings with more than 1 bedroom to have 2 parking spaces per dwelling unit in a covered carport or garage. The applicant has stated that the multi -family units are proposed to be platted as condominiums in the future; the 38 proposed building lots will be constructed with attached townhomes. If the multi -family units are platted for condominiums, the applicant will be responsible for providing a 20' X 20' pad in front of the garages of the proposed buildings as well as at the rear of the townhomes. UDC 11-3C-6 requires all single-family homes to be provided with a 20' X 20' garage and a 20 X 20' parking pad. The Applicant is showing some visitor parking on the multi-family/condo sites. The referenced parking stalls shown on the site plan should be to the standard dimension of 9' X 19' per UDC. However, the parking stalls can be reduced by two feet if an additional two feet of landscaping or sidewalk is added to allow for vehicle overhang. Required Dimensional Standards for Multi -family Residential Use in the R-15 Zone, per UDC 11-4-3-27 and 11-2A-7: 1. Minimum Building Setback: 10 feet 2. Minimum Rear Setback: 12 feet 3. Minimum Side Setback: 5 feet, 4. Maximum Building Height: 40 feet Required Dimensional Standards for the TN-R District, per UDC 11-2D-6A: 1. Minimum Building Setback: 10 feet 2. Minimum Rear Setback: 18 feet if alley width is 20 feet 3. Minimum Side Setback: 0 feet for attached units 5 feet for property lines adjoining unattached walls 4. Minimum Side Street Setback: 10 feet 5. Maximum Building Height: 40 feet j. Summary of Proposed Streets and/or Access: Access to the proposed development will be from E. Overland Road with connectivity into the residential portion of the development from S. Wells Avenue. The internal public streets system has been previously approved with the preliminary and final plats associated with this site. 7. COMMENTS MEETING On September 28, 2007 a joint agency and department meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Gramercy Townhomes RZ CUP PP MI PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Mixed Use — Regional" on the Comprehensive Plan Future Land Use Map. The existing Medium High Density Residential and proposed Traditional Neighborhood Residential zoning district, R-15, is compatible with this designation. The Mixed Use Regional (MU- R) land use designation is anticipated to contain 3 to 40 dwelling units per acre (see Page 103 of the Comprehensive Plan). The proposed Site Plan depicts 38 single family attached homes and M 31 multi -family units on 5.74 acres for a gross density of 42.2 12.02 dwelling units/acre. The proposed density complies with the anticipated density for this area. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Chapter VII, Goal III, Objective A, Action 1 - Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the subject property in the following manner: ➢ Sanitary sewer and water service will be extended to the project at the developer's expense. ➢ The subject lands currently lie within the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. ➢ The subject lands currently lie within the jurisdiction of the Meridian Police Department (MPD). ➢ The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. ➢ The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. ➢ The subject lands are currently serviced by the Meridian Library District. This service will not change. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. Chapter V, Goal I, Objective A, Action 4 — Develop and maintain greenbelts along waterways. The applicant has constructed a 10 foot multi -use pathway along the southern boundary along the Ridenbaugh Canal and provided connectivity to the path to use for recreational purposes. Chapter VII, Goal IV, Objective C, Action 1: Protect existing residential properties from incompatible land use development on adjacent parcels. Gramercy Townhomes RZ CUP PP MI PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 The residential development to the South is single family residential and zoned R-4. Although the subject project is denser than any of the adjacent projects, it does provide a transition between the commercial project to the north and the single-family homes to the south. Staff believes that multi family development is a compatible land use based on the Comprehensive Plan land use designation. • Chapter VI, Goal II, Objective A, Action 3: Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land -use decisions. 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. Staff believes that the subject applications generally comply with the applicable policies listed in the literature noted above. • Chapter VI, Goal H, Objective A, Action 6: Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. Future connectivity for the commercial portion of this development was approved with previous applications. However, there is only one ingress/egress from S. Wells Avenue into the proposed residential portion of the development. Staff believes an additional access point should be provided to Mountain View High School located west of the site. Said street should be constructed as 24 foot drive aisle providing connectivity for the future residents of the development. • Chapter VI, Goal H, Objective A, Action 5: Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. As part of a previous approval, a multi -use pathway has been constructed along he Ridenbaugh Canal and extends along the western boundary providing pedestrian connectivity to the proposed development, the school site, the proposed park site, and continues thru the development providing internal connectivity as well. This same pathway also provides a recreational amenityfor the future residents of the development. • Chapter VII, Goal IV, Objective C, Action 6: Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. See analysis above. • Chapter VII, Goal V, Objective A, Action 7: Continue promoting quality mixed -use developments in accordance with the Future Land Use Map. The applicant is proposing a unique product mix for this development. The development will include 32 31 multi family units proposed to be platted as condominiums and 38 townhouses with alley loaded garages with a first floor work space allowing the owners the opportunity to workfrom home in accordance with UDC 11-4-3-21. Staff believes this diversity will benefit the community by reducing vehicular trips and develop the area as a work live community. Gramercy Townhomes RZ CUP pp MI PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 Staff recommends that the Commission rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's development request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Schedule of Use Control: Unified Development Code (UDC) 11-2A-2 lists multi -family developments as a conditional use in the R-15 zoning district. Specific Use Standards (UDC 11- 4-3-27) apply to multi -family developments; please see Section 10, Analysis below for more information. b. 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. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. 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. c. Schedule of Use Control: UDC Table 11-213-2 lists uses that are principal permitted (P), accessory (A), and conditional (C) or prohibited (-) uses within the proposed TN-R zoning district. Townhomes are listed as permitted uses (P) in the TN-R zone. d. Purpose Statement of the Traditional Neighborhood District: The purpose of the TN-R district is to provide for a variety of residential land uses including attached and detached single family residential, duplex, townhouse and multi -family. A TN-R district includes open spaces and promotes pedestrian activity through well designed and varied streetscapes that also provide for the safe and efficient movement of vehicular traffic. Most dwelling units should be accessed from alleys. The density in the TN-R zoning district at a minimum should be eight dwelling units to the acre and not exceed 15 dwelling units to the acre. e. Multifamily Development (UDC 11-4-3.27): The following standards shall apply for the multifamily units, including standards for Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. Site design (UDC 11-4-3.2711): The building shall provide a minimum setback of ten feet unless a greater setback is otherwise required by this title. Building setbacks shall take into account windows, entrances, porches and patios and how they impact adjacent properties. All site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from the public street. A minimum of 80 square feet of private, usable open space shall be provided 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. For the purposes of this Section, vehicular circulation areas, parking areas and private useable open space shall not be considered common open space. The parking shall meet the requirements set forth in Chapter 3 of this Title. Developments with 20 units or more shall provide the following: a property management office, a maintenance storage area, a central mailbox location, a directory and map of the development at an entrance or convenient location for those entering the development. Common open space design requirements (UDC 11-4-3.27C): Gramercy Townhomes RZ CUP PP MI PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 A minimum area of outdoor common open space shall be provided as follows: a) 150 square feet for each unit containing 500 or less square feet of living area; b) 250 square feet for each unit containing more than 500 square feet and up to 1,200 square feet of living area; and c) 350 square feet for each unit containing more than 1,200 square feet of living area. Common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a constructed barrier at least 4 feet in height. Site development amenities (UDC 11-4-3.27D): All multifamily developments shall provide for quality of life, open space and recreation amenities to met the particular needs of the residents as follows: a) Quality of Life (clubhouse, fitness facility, enclosed bike storage, and public are such as a statue); b) Open Space (open grassy area of at least 50 by 100 feet in size, community garden, ponds or water features, and plazas); and c) Recreation (pool, walking trails, children's play structures, and sports courts). The number of amenities shall depend on the size of the multifamily development as follows: For multifamily developments with 75 units or more, 4 amenities shall be provided, with at least 1 from each category. For multifamily developments with more than 100 units, the decision -making body shall require additional amenities commensurate to the size of the proposed development. Architectural Character (UDC 11-4-3.27.E): All building elevations shall have a minimum portion of the elevation devoted to architectural features designed to provide articulation and variety. These features shall include, but are not limited to windows, bays and offsetting walls that extend at least two feet; recessed entrances; and changes in material types. Changes in material types shall have a minimum dimension of two feet and minimum area of 25 square feet. Main entrances, which are the primary point(s) of entry where the majority of building users will enter and leave, shall be designed as an obvious entrance and focal point of the building through architectural treatment, lighting, and address identification. Entrances shall be adequately covered, recessed, or treated with a permanent architectural feature in such a way that weather protection is provided. Roof forms shall be distinctive and include variety and detail when viewed from the street. Sloped roofs shall have a significant pitch. Flat roofs should include distinctive cornice treatments. Exterior building materials and finishes shall convey an impression of permanence and durability. Materials such as masonry, stone, stucco, wood, terra cotta, and tile are encouraged. Windows are required to allow views to exterior activity areas or vistas. Windows shall be provided on any building facing any common area used for children's recreation. 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 parapets, walls, fences, enclosures, or by other suitable means. Gramercy Townhomes RZ CUP PP MI PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 Landscaping (UDC 11-4-3.27.F): Development shall meet the minimum landscaping requirements in accord with Chapter 3 of this Title. All street -facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: The landscaped area shall be at least three feet wide; for every three lineal feet of foundation, an evergreen shrub having a minimum mature height of twenty-four inches shall be planted; and groundcover plants shall be planted in the remainder of the landscaped area. Maintenance and Ownership (UDC 11-4-3.27.G): All multifamily developments shall 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. Outdoor storage/refuse areas (UDC 11-3A-12): Outdoor utility meters, HVAC equipment, trash dumpsters, trash compaction and other service functions shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: REZONE ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the Future Land Use Map designation of Mixed Use — Regional, Staff believes that the requested TN-R zone is appropriate for the subject property. Please see Exhibit D for a detailed analysis of the required facts and findings for a rezone. The rezone legal description submitted with the application (stamped on July 26, 2007 by D. Terry Peugh, PLS) is accurate and meets the requirements of the City of Meridian and Idaho State Tax Commission. UDC 11-5B-3D2 provides the Planning & Zoning Commission and City Council the authority to require a property owner to enter into a Development Agreement (DA) with the City of Meridian that may require some written commitment for all future uses. As part of annexation into the City, the developer was required to enter into a development agreement for the site; recorded under instrument # 106141056. Live -Work Units: As mentioned above, the applicant is proposing a preliminary plat for some townhome lots in the TN-R district. The future units on these lots are designed to have a work space below the residential living portion that is above. Staff is supportive of this concept, but is concerned that the work area of the brownstones/townhomes may contain intense uses that may not be appropriate for this area. Therefore, prior to review by the City Council, Staff is recommending the applicant submit a DA modification listing the proposed limited non- residential uses that may occur as part of the home occupational uses in the townhomes. MISCELLANEOUS APPLICATION ANALYSIS; After the Plannin and Zonin Commission hearing, the annlicant ,i;,] �,,i ,;« .- „___ .. Gramercy Townhomes RZ CUP PP MI PAGE 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 the developer to the submitted elevations and the other is to list the permitted and prohibited home occupational uses within the Brownstone units The applicant is proposing that any home occupation use adhere to section 11-4-3-21 of the UDC which outlines the requirements of home occupations The applicant has stated the allowed and intended uses will be restricted to professional office i.e. architect accountant attorne art studio (i.e. photoeraphv artist) and specialty retail (i.e. custom jewelry. crafts). Prohibited uses related to the Brownstones (Live/Work units) include restaurants personal service shops (i.e. nail salon, hair salon, tanning) medical offices retail stores and uses that would generate high volumes of traffic to the residential portion of the development The developer has provided excellent pedestrian connectivity throughout this mixed use development which would allow the owners and customers access to more intense commercial uses north of the Brownstone units. Staff is supportive of the sup e� sted permitted and prohibited uses and has conditioned them as such in Exhibit B of the Staff ReportFurther, staff is generally supportive of the submitted elevations. Please see Exhibit B of the Staff Report for the proposed changes to the existing DA for Gramercy. CONDITIONAL USE PERMIT ANALYSIS: Multi -family Standards: The UDC has several specific standards that apply to multi -family developments (See Section 9 above for a complete list.) These standards apply to Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. Below are some of the multi -family and general design standards that the applicant should be required to comply with. Site Plan: There are four separate parcels that multi -family buildings are being proposed on. Each of these parcels has different building groupings, different number of units and parking dimensions. The buildings are grouped in 3, 4 and 5 units; all parcels contain 2 buildings. There are 3-2 31 units overall. Except for the parking (see below), Staff is generally supportive of the proposed site plan. Secondary Access: There is only one public street serving this portion of the Gramercy development. The Meridian Fire Department has commented that they need an additional ingress/egress point into this area. Further, there is no vehicular inter -connectivity with Mountain View High School, directly to the west. Ideally, a vehicular connection would occur between the school and all of these proposed dwelling units. However, if this requirement were made now, it would cause the applicant to re -design a portion of the project to accommodate an access to the west. Staff recommends that the Commission and Council decide where emergency access should be provided. Landscaping: As mentioned above, the entire perimeter landscaping and landscape buffers were approved with the preliminary and final plats associated with the Gramercy Subdivision. The applicant is proposing to landscape all four multi -family lots with sod and trees along the street frontages. The landscape plan prepared by Harvest Design, dated 7-13-07, labeled Sheets L-1, 4, 5, 6 substantially complies with the requirements of the UDC. Staff recommends that the following modifications/notes be made to the plan: Staff believes the applicant should provide additional 2" caliper trees every 35' along the remaining three sides of the perimeter. In addition the applicant should also comply with the multi -family development landscaping standards requiring 3 foot wide landscape areas along the foundations facing the streets in accordance with UDC 11-4-3-27F. Additional trees should also be planted in the planter islands located along the parking pads in the front of the buildings. If the above noted changes are made, Staff believes that the proposed landscaping is sufficient for this project. Gramercy Townhomes RZ CUP PP MI PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 Private Useable Open Space: UDC 11-4-3-27B requires a minimum of 80 square feet of private, usable open space shall be provided 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 floor plans submitted with the application does not reflect the minimum 80 square feet of private useable open space. However the site does indicate patios adjacent to the rear of development on lot 26 of Block 3. Staff believes the applicant should prove the remainder of the multi -family dwelling units complies with this UDC requirement. The applicant should verify during the public hearing if this requirement is being complied with, as is not reflected on the submitted site plan. Parking: UDC 11-3C-6A requires single-family attached dwelling to have a garage and a 20' X 20' parking pad in front of the units. The applicant is proposing 2-car garages and parking pads for the townhome units. UDC 11-3C-6A also requires multi-farnily dwellings with one bedroom to provide two spaces, one covered and one uncovered and 2 or more bedrooms to have a two - car covered carport or garage for each unit. The submitted site layout does propose garages for each of the multi -family units. However, the pad areas in front of the garages vary from unit to unit and do not meet the 20' X 20' requirement. If the multi -family developments are platted for condominiums in the future, the applicant should be responsible for providing a 20' X 20' pad in front of the garages of the proposed buildings. The proposed parking spaces for the multi -family development should conform to the dimensional requirements of the UDC. The submitted site plan shows the visitor parking stalls dimensions at 9' X 17' and UDC requires standard parking stalls to be 9' X 19'. However, the parking stalls can be reduced by two feet if an additional two feet of landscaping or sidewalk is added to allow for vehicle overhang. Staff recommends the applicant revise the site plan prior to the submittal of a CZC application. Amenities: As stated above all of the amenities for the subject site were approved with the Gramercy Subdivision. Staff believes there are sufficient amenities to support the new residential developments being proposed. The amenities include a multi -use pathway along the west and south side of the site, a pocket park with a dog area and water feature and a grassy area of at least fifty feet by one hundred feet in size incorporating picnic areas for the future residents. Staff recommends that the Commission determine if the approved amenities are appropriate for a development of this size. During the public hearing, the applicant shall verify a time line as to when the amenities will be constructed. Elevations: The applicant is proposing several different structures on this site. The Brownstone units will be attached Townhomes consisting of 4 and 5 units. The multi -family (future condominium) buildings range from 3 2 units to 5 units and will be located on four separate parcels. Both of the product types are shown to be constructed of Stucco with brick or stone accents and be painted in earth tone colors. UDC 11-4.3 requires multi -family structures to comply with specific design standards. Staff believes that the elevations submitted with the CUP significantly meet the requirements of the design standards listed in UDC 11-3A-19. Exterior building materials and finishes should convey an impression of permanence and durability. Materials such as masonry, stone, stucco, wood, terra cotta, and tile are encouraged. Staff approves of the submitted elevations however a DA modification should be recorded to ensure the proposed buildings will be constructed as submitted (See Analysis in the Annexation section above). Gramercy Townhomes RZ CUP PP MI PAGE 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 Pedestrian Pathways: As part of a previous approval, a multi -use pathway has been constructed along the Ridenbaugh Canal and extends along the western boundary providing pedestrian connectivity to the proposed development, the school site, the proposed park site, and continues thru the development providing internal connectivity as well. This same pathway also provides a recreational amenity for the future residents of the development. Pathways should be constructed in accordance with UDC 11-3A-8 (construction) and UDC 11-3B (landscaping). Multi -family Setbacks: The UDC requires a 10-foot landscape buffer to the perimeter. The UDC does not have a specific setback between internal multi -family units. The submitted site plan indicates some of the proposed buildings with a 5' setback. As long as a 10 foot setback is made to the perimeter lot lines of the overall Kenai/Gramercy project, other internal setback_ s do not need to comply with the R-15 district requirements. Refuse Areas: The Sanitary Services Company (SSC) has commented in regards to the tote locations. SSC is requiring pads next to the public street, where all of the units can bring their garbage cans. This way SSC does not have to drive down the private drive aisles. SSC's comments and conditions are referenced below in Exhibit B. Open Space: All open space was approved with the preliminary and final plats associated with the Gramercy Subdivision. UDC 11-4-3.27C requires a minimum area of outdoor common open space shall be provided as follows: a) 150 square feet for each unit containing 500 or less square feet of living area; b) 250 square feet for each unit containing more than 500 square feet and up to 1,200 square feet of living area; and c) 350 square feet for each unit containing more than 1,200 square feet of living area. Staff believes the approved open space is sufficient for the proposed development. The units for the proposed multi -family developments range in size from 1,908 square foot units to 2,173 square foot units. The UDC requires 350 square feet for each unit containing more than 1,200 square feet of living area. The multi -family developments are proposing a total of -3-2 31 units. The minimum amount of open space required per code for all of the proposed multi -family developments is 11,200 sq. ft (32 X 350 sq. ft.). The applicant does not meet this requirement. However, staff believes the open space and amenities approved with the Gramercy Subdivision should comply with the open space requirements for the multi -family developments. Maintenance of all common areas should be the responsibility of the Home Owners' Association(s). Staff believes that the open space proposed complies with the UDC. Fencing: Perimeter fencing is not being proposed with this CUP application. Temporary fencing should be constructed to contain debris on the site. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. 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 used, 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. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. PRELIMINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposal with the Unified Development Gramercy Townhomes RZ CUP PP MI PAGE 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 Code, Staff believes that this is a good location for the proposed single-family attached residential development. Please see Exhibit D for detailed analysis of facts and findings for a preliminary plat. Dimensional Requirements of the TN-R zone per UDC Table 11-2D-6: The TN-R district does not have dimensional requirements for property size and street frontage. The proposed lot sizes range from 2,376 square feet to 6,451 square feet. All lots shall meet the minimum setback & maximum building height requirements stated in UDC 11-2D-6 and #6i above. The TN-R zoning district also requires a minimum of two housing types for any subdivision submittal. The residential portion of the Gramercy Subdivision was approved for different product nixes within the development. They include single detached homes, multi -family development and townhomes. Staff believes the applicant is contributing to the product mix of the development and at build out the development will meet the intent of this UDC requirement. Landscaping: The landscape plan submitted for this project, prepared by Harvest Design, labeled Sheet LS 2 & 3, dated July 13, 2007 shall be modified as follows: As mentioned above, all of the perimeter landscaping and landscape buffers were approved with the preliminary and final plats associated with the Gramercy Subdivision. The applicant is proposing to landscape the proposed TN-R lots with sod and trees. The submitted landscape plans indicates only two species of trees are to be planted within the proposed development. Staff encourages the applicant to provide a variety of species mix to add to the overall quality of the project. Staff believes additional trees should be planted internally between the structures. Additional trees should also be planted in the planter islands located along the parking pads in the rear of the buildings. Staff also recommends providing 3' wide landscape areas adjacent to foundations located on street frontages planted with low lying shrubs and groundcover. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department upon completion of the landscaping prior to Certificate of Occupancy for the site. All standards of installation should apply as listed in UDC 11-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the CZC application(s) for the brownstone/townhouse buildings. Common Areas/Open Space: All common areas and open space were approved with the Preliminary and Final Plats of the Gramercy Subdivision. Maintenance of all common areas shall be the responsibility of the Gramercy Subdivision Homeowners Association. Drainage: Seepage beds for stormwater drainage are shown on Lot 4, Block 2 and Lot 5, Block 3. No trees shall be planted over the seepage beds. All storm drainage facilities shall comply with the standards listed in UDC 11-3B-11, Stormwater Integration. NOTE: Applicant shall be aware that infiltration ponds for ACHD public streets require exposed filter sand. This sand area does not count toward the City of Meridian's open space requirements. Other provisions to meet vegetated open space requirements must be made when ACHD pond designs incorporate exposed filter sand. Proposed Streets and/or Access: All access points and streets were approved with the Preliminary and Final Plats of the Gramercy Subdivision. Gramercy Townhomes RZ CUP PP MI PAGE 15 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize 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. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Fencing: If permanent perimeter fencing is not installed, temporary construction fencing should be installed prior to issuance of building permits for the subdivision. Fencing should taper down to a 3 foot maximum within 20 feet of all rights -of -way. All fencing shall be installed in accordance with UDC 11-3A-7. b. Staff Recommendation: Based on the above analysis, Staff finds that applications RZ-07-016, CUP- 07-018, PP-07-018 and MI-07-015 substantially conform to the Comprehensive Plan policies and UDC standards. Staff is recommending approval of the proposed Gramercy Townhomes (RZ-07-016, CUP-07-018, PP-07-018 and MI-07-015) with the conditions listed in Exhibit B of the Staff Report. The Meridian Planning & Zoning Commission heard these items on October 18 2007 At the Public hearing they moved to recommend approval of the subiect RZ. PP. CUP applications. Note: The Commission did not make a recommendation on the Development Agreement modi ication re uest I- 07-015). The Meridian City Council heardAhestgems on December d 01 e* the ouncil approv d th c obi t 7 pp IP and N'T 11. EXHIBITS A. Drawings 1. Vicinity Map 2. Site Plan (dated: July 12, 2007) 3. Preliminary Plat (dated: July 12, 2007) 4. Landscape Plan (dated: July 13, 2007) 5. Townhome and Condominium Elevations B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code Gramercy Townhomes RZ CUP PP MI PAGE 16 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 A. Drawings 1. Vicinity Map Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 2. Site Plan n nm o•e un '.a•e� ,- — '� nin-nv�maJ.r•mn - Z I cr ,Tru+T NOISIAIQ9II9 ' a' � � 9N1d33NINN� gwoxrabat x�ascaves + g :i s y8 ! fiiiiffi 1, i4 �4 i gal 9 � Q! 1i11»!s 8� c: g+ " i I �94a�, a4� 8' I�lllgil is°� s �' igg+� n ,'H� oi6ililE. it I �89 � ` 1 1 b Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 3. Preliminary Plat 1 grta_I••�■nt. � u-. sow •Mils, ' dm r`f111�9aili• ram'• E�' A ll'fit menN. A.O iw ww.roa�na 4 B ' Lj Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 4. Landscape Plans I i I I I 1 GRAMERCY'TOIUVWOME SUED MERIDIAN, IDAHO ! TUSCANY DEVELOPMENT, INC. rmo-xsda�s Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 i i ji i i GRAMERCY TOU 401E SUED tIERIDEAN, IDAHO t i TUSCANY DEVELOPMENT, INC. i - tme-eeo-�y i Exhibit A R THE IIEARII'IG DATE OF DECEMBER 4, 200'1 CITY OF MEIUDIAN PLANNING DEPARTMENT STAFF REPORT FO DEvECOf'� Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 s � d si9 TIE 6 ' fi :Y TMWOME SUM ;IDANO DEVELOPMENT, INC. Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 t�11, lllGR MERIDIAN aANO OME SUED TUXANY DEVELOPMENT, MG. I Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 p �tl; 4lihle l � `�II IIITUSGDANT DEVELOPI' T MG. 0 Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 5. Elevations Brownstones (Live/Work Units) Multi -Family Development (Future Condominiums) 101171 IF, Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 REZONE/DEVELOPMENT AGREEMENT COMMENTS/PROVISIONS 1.1.1 The rezone legal description submitted with the application (prepared on July 26, 2007, by D. Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.1.2 Any future subdivision, uses, and construction on this property shall comply with the City of Meridian ordinances in effect at the time of permit submittal. 1.1.3 Prior to the rezone ordinance approval, an addendum to the existing Development Agreement (DA) for the site (Instrument No. 106141056) shall be accomplished between the City of Meridian and the property owner(s) (at the time of rezone ordinance adoption). The "---new shall submit r Dlopment Agreement Medifieatien. The addendum shall incorporate at least the following: • Add to Section 4 "Uses permitted by this agreement,". item 4.3 limiting non-residential uses that may occur as part of the home occupational uses in the townhomes/brownstones. 4.3 - The home occunational uses within thLo e _Rwnstn„P LL�'ve/Work units) shall adhere to the homecc oupation requirements in accnrrlanrPw;th C 11-4-3-21. • Addd item 4.4 - Pe fitted home occupation uses shall inc-lnrlP professional offices attorney, accountant_ architect) art sfirlin !; a nhntnaranhv n�int;n t_ a ap .. de im) ana specialty retail (i.e. custom jewelry arts anal gofts) • d item 4.5 - Pro kited home occupa inn use shall inclnrl9 restaura tc offee shops 0o preparation personal service (i a hair tanning nail salonsl retail and any other uses that create�Qh volumes of traffic into the residential nort;nn r,f the rievelonmPnt • Add item 4.6 - The proposed townhomes and multi -family buildings shall be constructed with high quality materials, including but not limited to, stucco with substantial brick or stone accents. Elevations shall substantially conform to the elevations submitted with PP-07-018 and CUP-07-018 See Exhibit A5 of the Staff Report). 1.2 CONDITIONAL USE PERMIT CONDITIONS 1.2.1 The site plan, prepared by Engineering Solutions, Inc., dated July 12, 2007, is approved, with the conditions listed herein. All comments and conditions of the accompanying Rezone (RZ-07-016) and Preliminary Plat (PP-07-018) applications shall also be considered conditions of the Conditional Use Permit (CUP-07-018). 1.2.2 The landscape plan prepared by Harvest Design., on July 13, 2007, is approved with the following modifications/notes: • Per UDC 11-4-3-27, all street facing elevations shall have landscaping along the foundation for the multi -family units as follows: ➢ The landscaped area shall be at least 3-feet wide; ➢ For every 3 linear feet of foundation, an evergreen shrub having a minimum mature height of 24 inches shall be planted; and Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 ➢ Ground cover plants shall be planted in the remainder of the landscaped area Additional 2" caliper trees spaced every 35' shall be planted along the entire perimeter within all four multi -family parcels with a minimum of four species of trees. Trees shall also be planted in the planter islands of adjacent to the parking pads located in front of the buildings. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department prior to issuance of any Certificate of Occupancies for this site. All standards of installation should apply as listed in UDC 11-3B-14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. The proceeding modifications and notes should be shown on a revised landscape plan submitted with the Certificate of Zoning Compliance application(s). 1.2.3 All parking stalls shall meet the dimensional requirements in accordance with UDC 11-3C-5. 1.2.4 Provide at least 80 square feet of private, useable open space, such as a patio or balcony/deck, for each multi -family dwelling unit in accordance with UDC 114-3-27B-3. 1.2.5 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. 1.2.6 A Certificate of Zoning Compliance is required prior to issuance of a building permit for any and all of the multi -family units within this development. All structures must substantially comply with the elevations submitted with the CUP and the architectural standards listed in UDC 11-4-3- 27E for multi -family developments. NOTE: A CZC application may include one or more multi- family units on a lot/parcel. 1.2.7 As determined by the Planning Director, the multi -family buildings constructed on this site shall substantially comply with the renderings submitted to the City with the CUP application, and as modified by the conditions of approval herein. 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. Further, all buildings shall comply with the architectural standards of UDC 11-4-3.27E. 1.2.8 All signage for the site requires approval of a sign permit. All signage must comply with UDC 11-3D-8I and 11-3D-10, Table 2, for subdivision identification signs. 1.2.9 Provide temporary fencing around the perimeter of the building sites to contain debris duri building permits. ng construction and shall be installed around the residential portion of the site prior to release of 1.2.10 If the buildings are to be platted as condominiums in the future, the applicant shall construct a 20' X 20' parking pad in front of all garages in the multi -family portion of the development. 1.2.11 Building setbacks, separation between proposed structures shall comply with the Building Code and Fire Code. Provide a minimum 10 foot setback to all project perimeters (as measured to the limits of Kenai/Gramercy, not each individual lot). Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 1.2.12 Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant shall be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is used, 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. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.2.13 Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, irrigation, and landscaping shall be installed. 1.2.14 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3 PRELIMINARY PLAT 1.3.1 The Applicant shall comply with all conditions of approval for Annexation (AZ-06-012), Preliminary Plat (PP-06-019), Final Plat (FP-06-048) and Development Agreement (instrument # 106141056) for the Gramercy Subdivision. 1.3.2 The Preliminary Plat, prepared by Engineering Solutions, Inc., dated July 12, 2007, is approved, with the conditions listed herein. All comments and conditions of the accompanying Rezone (RZ- 07-016) and Preliminary Plat (PP-07-018) applications shall also be considered conditions of the Conditional Use Permit (CUP-07-018). 1.3.3 The landscape plan prepared by Harvest Design., on July 13, 2007, is approved with the following modifications/notes: The submitted landscape plans indicates only two species of trees are to be planted within the proposed development. The applicant shall provide a minimum of 4 different species of trees to be planted within the Brownstone development. Additional 2" caliper trees shall be planted internally between the Brownstone structures. Additional trees shall also be planted in the planter islands located along the parking pads in the rear of the buildings. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department prior to issuance of any Certificate of Occupancies for this site. All standards of installation should apply as listed in UDC 11-3B-14. 1.3.4 A Certificate of Zoning Compliance is required prior to issuance of a building permit for any townhouse/brownstone units within this development. All structures must substantially comply with the elevations submitted with the preliminary plat. Because these are single-family lots, the final plat must be recorded prior to the issuance of a CZC for the Brownstones. NOTE: A CZC application may include multiple/all Townhome units within the development. 1.3.5 Staff s failure to cite specific ordinance provisions or terms of the approved rezone, preliminary plat and conditional use does not relieve the applicant of responsibility for compliance. 1.3.6 All development within the TN-R district shall conform to the dimensional standards per UDC 11-2D-6. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in South Wells Ave, S Accolade Ave and E Copper Point St. The applicant shall install all mains to and through this development; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. 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 Water service to this site is being proposed via extension of mains in South Wells Ave, S Accolade Ave and E Copper Point St. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 A water stub to the west shall be provided to allow for a future looped system, it shall be covered by a standard City of Meridian easement. Flood Plain 2.5 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.6 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.7 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be submitted prior to scheduling of a pre -construction meeting. 2.8 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). 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. 2.9 All existing structures not meeting setbacks or the dimensional standards of the UDC shall be removed prior to building permits being released. 2.10 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.11 Any meter tiles located in common driveways shall be upgraded to traffic rated materials per City of Meridian Standard Specifications. 2.12 As proposed, additional width to the public utilities, drainage and irrigation easement along the right -of way shall be dedicated where the sidewalk is located past the right-of-way. The additional width needs to be sufficient to allow for 10 feet of easement past the sidewalk. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 2.13 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. 2.14 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to 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 prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.15 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, and the road base approved, prior to applying for building permits. 2.16 All development improvements, including but not limited to sewer, water, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.17 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to issuance of building permits. 2.18 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. 2.19 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.20 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.21 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.22 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. 2.23 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. 2.24 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. Height for 100 watt fixtures is 25-feet, height for 250 watt fixtures is 30-feet. 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. 3. FIRE DEPARTMENT 3.1 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. 3.2 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 a. Fire Hydrants shall have the 4 %" 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 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 place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the 1FC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.5 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.6 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. 3.7 Building setbacks shall be per the International Building Code for one and two story construction. 3.8 Maintain a separation of 5' from the building to the dumpster enclosure. 3.9 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.10 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.11 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered. Full NFPA 13 sprinkler system will be required for the proposed Townhomes. The applicant shall work with the Meridian Fire Department in determining the classification for the Brownstone units 3.12 There shall be a fire hydrant within 100' of all fire department connections. 3.13 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D 103.6 Signs. 3.14 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by no less than % the diagonal measurement of the full development. The applicant shall provide a stub street to the property to the (west/east/north/south). 3.15 Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.16 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). Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 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). 3.17 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D 105. 3.18 The proposed multi -family lots have an estimated 32 units with a total estimated population of 80 residents at build out. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.19 The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). Monument signs located at the entrances of the proposed multi -family developments shall be used for address referencing of the properties. 3.20 For all Fire Lanes provide signage "No Parking Fire Lane". 3.21 The entrance to the alley from the public street shall provide a minimum twenty-eight foot (28') inside and forty-eight foot (48') outside turning radius. No parking shall be allowed on either side of the street within fifty feet (50') of the alley entrance as measured from the centerline of the alley. The minimum rear setback for alley accessed properties shall be 20 feet to the garage if the alley width is 16 feet or 18 feet to the garage if the alley width is 20 feet. 3.22 Multi -Family and Commercial projects shall be required to provide additional 60" wide access point to the building from the fire lane to allow for the movement of manual fire suppression equipment and gurney operations. The unobstructed breaks in the parking stalls shall be provided so that building access is provided in such a manner that the most remote part of a building can be reached with a length of 150' fire hose as measured around the perimeter of the building from the fire lane. Code complaint Handicap parking stalls may be included to assist meeting this requirement. Contact the Meridian Fire Department for details per 1FC Section 504.1. 3.23 The applicant shall provide a secondary access to/from the site. with thepTerer:ed eemee ;ej-te Metmtaifi View High Sebeei. The location of the secondary access point tolfrom the site shall be located as proposed by the applicant on the hearing date of December 4 2007• agreed upon by the Fire Department and the Police Department 4. POLICE DEPARTMENT 4.2 The applicant shall provide a secondary access to/from the site. with the p-eg ::ed ; efineetiefiro Meunt3Ln ViewHigh C h t -The location of the secondary access point to/from the site shall be located aa proposed by the applicant on the hearing date of December 4 2007• agreed upon by the Fire Department and the Police Department Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 5. PARKS DEPARTMENT 5.1 The Parks Department did not submit comments on this application. 6. SANITARY SERVICE COMPANY 6.1 Turning Radius: the applicant shall provide a minimum of 50 ft. turning radius. 6.2 SSC will not provide trash pick-up services utilizing the common driveway. The developer shall install a concrete pad at the end of the common drive no more than five (5) feet behind the sidewalk. The pad shall be of sufficient area to accommodate the receptacles of the residences that take access from the common driveway. 6.3 Provide a minimum 28' inside and 48' outside radius for all alleys and private streets, where they intersect a public street. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC COMMENTS 7.1.1 Prior to final approval you will need to submit construction plans to ACHD Development Review Department to insure compliance with the conditions identified above or for traffic impact fee assessment. This is a separate review process that requires direct plans submittal to the development review staff at the highway district. 7.1.2 A traffic impact fee will be assessed by ACHD and will be due prior to the issuance of a building permit. Contact ACHD Planning and Development service at 387-6170 for information regarding impact fees. 8. CENTRAL DISTRICT HEALTH DEPARTMENT 8.1 After written approval from appropriate entities is submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito -breeding problem. 8.4 Central District Health will require plans be submitted for a plan review for any: food establishments, grocery store, beverage establishment and child care center. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 C. Legal Description & Exhibit Map ' — IDAHO ;1g50lasr4Vater•towec,St. ' SURVEY -sdte ISO Meridian, Idaho 83642. GROUP Phone (208).846.OS70 fax (208) 884-5399 July 26, 2007- Proposed Neridian TNR zone j Gramercy Subdivision A parcel of land located in the West''/, of NE %4 of 'Section 20, UN., RIE., B:1Vi., Meridian, Ada County,, Idaho, more particularly as follows: Commencing at the North 1/4 corner of said.Section 20, fiom. which the Northeast corner.of said section bears North 89046'02" East, 2656;$8 feet; thence. along the west 'line of.the NE'h of said Section 20. South 00°24'04" West, 1 591.3 2 feet' thence South 8995'56"East, 265.00. feet to the REAL POINT QF.BEGINNJNG. Thence coutinuing'South 8903556" East, 758.14 feet; Thence 39`.27 feet along the arc of•9 curve to the right, said curve having a radius of 25.00 -feet, a delta angle of 90°00'00' , and a long -chord bearing South 44°35'56" East, 35.36 feet to a point of tingency; Thence South 00024'0.4" West, 153.00 feet, to a point of curvature; Thence 31-.42 feet along the arc of a curve to the right, said curve having a.radius of 20.00 feet, a delta angle of 9.0°00'00"; and a long chord; bearing South 45°24'04" West, 28.28 feet. to a point of tangency; Thence North 89°35'56" West, 768.14 feet; Thence North 44035'56" West,: 28.28 feet; Thence North 00°24TV East, I S3.00 feet to a point of curvature; Thence 39.27 feet along the arc of a curve to the right, said curve having a radius of 25.00 feet; a delta angle of 90'00'00' , and a long chord bearing North 45°24'04" East, 35.36 feet to the Point of Beguming. -Containing 3.66 acres, more or less. REVI I�OROVAL BX r SEP I 2W443.1, 4 MERIDIAN PUBLIC WORKS DEPT. 60615-tnrzone.doc Pr.afessi.onal land Surreyor.s Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 _ 17 1/4 BASIS OF BEAMNG _ _ N 89'46'02'E 2656.86' E OYERIW ROAD 17 .18 AP -ROYAL _._.�._._._._._._._. 20 21 I SEP 't 6 037 I MERIDIAN PUBLIC U WORKS OEPT. • � `- I n1 �; PROp�SugON�• SCALE 1'=200' DKI ATE 07/-26/07 1 OF 1 0 PgE 1. � II oksFll- CURVE CURVE RADIUS DELTA ARC TANGENT CHORD CHORD ON C1 25.00 91Y00'00' 39.21 25.00 35.36 N 45'24'04' E C2 25.00 WOVOO' 39.27 25.00 35.36 S. 44'35'56' E C3 20.00 9900'00' 31.42 20.DO 26.28 S 45'24U' W PROPOSED TNR ZONE 'NGINEER/iVG GRAMERCY SUBDIVISION SOLUrrIONS. LOCATED IN THE NE 1J4 OF SECTION 20, T.3N., R.tE, B.M. 1029 N. ROSARIO STREET, SUITE too 1AEPMAN, IDANO 83842 MERIDIAN, ADA COUNTY, IDAHO rro- (2ae) 938--oseu I= (2W) e58-Mi Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 D. Required Findings from Unified Development Code 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to rezone 3.66 acres from R-15 to TN-R. The City Council finds that the proposed zoning reap amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that future development of this property will comply with the established regulations and purpose statement of the TN-R zone. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on 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, The City Council finds that the proposed zoning amendment should 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). This finding is not applicable to the subject rezone request. 2. Conditional Use Permit Findings: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds that if the site is designed according to the conditions of approval in Exhibit B, the site will be large enough to accommodate the proposed use and meet the dimensional and development regulations of the R-15 district and the multi -family Specific Use Standards. Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed multi -family residential use in the existing R-15 zone meets the objectives of the 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. The City Council finds that the proposed multi -family development is compatible with other uses in the general area 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 City Council 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 City Council finds that sanitary sewer, domestic water and irrigation can be made available to the subject property. Please refer to comments prepared by the Public Works Department, Fire Department and other agencies. 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 City Council 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 highway impact fees. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The City Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. The City Council recognizes the fact that traffic and noise will increase with the approval of this development; however, the City Council does not believe that the amount generated will be detrimental to the general welfare of the public. Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 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 City Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. 3. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision -making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. Staff supports the proposed density and proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services can be made available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACHD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 6. The development preserves significant natural, scenic or historic features. Staff is unaware of any natural, scenic, or historic features on this site. Therefore, the City Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D