Loading...
HomeMy WebLinkAboutFoothills Apartments CUP-02-001 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 04/02/02 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A PLANNED ) UNIT DEVELOPMENT FOR ) THE FOOTHILLS ) APARTMENTS IN A C-G ) ZONE, LOCATED AT THE ) NORTHEAST CORNER OF N. ) NOLAR ROAD AND E. ) FRANKLIN ROAD, MERIDIAN, ) IDAHO ) ) SITZLAR REAL ESTATE ) DEVELOPMENT, ) ) APPLICANT ) Case No. CUP-02-00 I FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on April 2, 2002 at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, Ashley Ford, and Clay McReynolds, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City FINDINGS OF FACT AND CONCLUSIONS 'OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - I Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to~wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for April 2, 2002, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the April 2, 2002, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. , ' 2, There has been compliance with all notice and hearing requirements set forth in Idahe Code s67-6509, 6512, and Meridian City Code &s 11-15-5' and 11-17- 5 as evidenced by the Mfidavit of Mailing, and the Mfidavit of Publication and Proof FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 of Posting filed with the staff report. 3. This proposed development request is in a C~G zone and by reason of the provisions of the Meridian City Code S 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at the northeast corner of N, Nolar Road and E. Franldin Road, Meridian, Idaho. 5, The owner of record of the subject property is Dee R. Lynn of Meridian, Idaho. 6. Applicant is Sitzlar Real Estate Development, LLC of Eagle, Idaho. 7. The subject property is currently zoned C~G. The zoning district of C-G , is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2, 8. The proposed application requests a conditional use permit for a planned unit development for a 54 unit apartment complex for The Foothills Apartments. The C-G zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant, (Meridian City Zoning ardDevelopment Ordinance, Section 11-8-1), 9, The Meridian City Council recognizes that the proposed application is FINDINGS OF FACT AND CONCLUSIONS 'OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 in compliance with the Meridian Comprehensive Plan. 10, The use proposed 'within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental' subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development "vill not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City ,of Meridian, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Applicant shall record the Final Plat of Sparrowhawk Subdivision and FINDINGS OF FACT AND CONCLUSIONS 'OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 construct all perimeter fencing prior to applying for any building permits. 2. Pursuant to 12-6-7B of the MCC, the development of Lots 2 and 3 of Sparrowhawk Subdivision shall require a detailed conditional use permit approval prior to future development. Because detailed plans for the 54-unit apartment project were submitted with this application, a new conditional use permit shall not be required prior to construction of this lot, 3, Perimeter landscaping for the entire subdivision shall be installed prior to occupancy of any building within the subdivision, as well as all perinleter landscaping associated with this conditional use permit. The remaining landscaping and irrigation within the apartment project shall be completed or bonded for prior to issuing any occupancy permits. 4. A detailed landscape plan for the apartment complex shall be provided prior to the issuance .of the Certificate of Zoning Compliance. The subdivision perimeter landscaping shall be installed as approved as part of the final plat. 5. Perimeter "fencing shall be completed prior to occupancy in accordance with the approved Final Plat fencing and plan (Order of Conditional Approval, 1.13 FP-O 1-023), which requires a six-foot cedar fence along the north and east property lines. 6, The bask.etball court within the subdivision shall be rotated 900, to keep basketball players from shooting baskets towards Franldin Road. 7. The parking/site plan for the apartment complex must be revised to include the following changes: a. In accordance with the Landscape Ordinance, a landscape island (5' min) shall be added along the northern' parking, lot area to divide the 23 park.ing stalls into two groups of stalls with no more than 12 parking stalls linearly arranged without landscaping. b. A landscape island shall be added along the eastern parldng lot '~rea for reasons noted above. ' c. A van accessible ADA parldng stall shall be included among the 6 ADA parldng stalls provided. d. The submitted site plan for the parldng lot indicates a total of 108 parking stalls for 54 apartm,ents, a ratio of 2 parldng spaces to each apartment, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 as required by code. However, there are no parking spaces provided for guests or the clubhouse/pool area. MCC 11-13-5B requires parking for clubhouses at one space for each 300 square feet of floor area. Therefore, the 2,448 sq ft club house will require at least 8 additional parking spaces. e, All sidewalks/pedestrian walkvvays within the apartment complex are required to be at least 5' wide as required by the MCC, not 4' wide as depicted. 8. The commercial parking lot exceeds 201 parking stalls (441 provided). MCC 12-13-11-3 requires parking lots with more that 201 parking stalls to provide 8% of the total area of the interior of the parldng lot with landscaping, The applicant shall provide either a new site plan that is in compliance with this section of code or provide the calculations based on the existing site plan to the Planning and Zoning staff at least ten days prior to the next public hearing for this development. 9. Additional landscape islands and trees shall be required within the commercial parldng lot per MCC12-13-11D, E. A new parldng lot site plan will not be required- at this time due to the conceptual nature of this PD; however, modificatfons shall be made prior to applying for detailed conditional use permits, 10.Excepting the apartment complex, all future buildings within the Sparrowhawk Planned Development, whether constructed under the subject, single- ownership PD or on individually owned lots under a future re-subdivision, shall be designed under an established set of architectural criteria (as submitted on sheets MS-3 and MS-4). Staff recommends such standards be included in the Sparrowhawk Subdivision CC&R's and/or included in the lease agreements of all future tenants and lot owners, Staff recommends the following as minimum design standards to be applicable throughout the entire development: . High River Rock Wainscoat be incorporated into the elevations of all buildings visible from a public right-of-way; e The color of the stucco/drivit finish and roofing material be, uniform throughout the development; . . A pitched roof (minimum pitch 6/12) for all office buildings and a pre- finished metal roofing material be visible on all buildings. (Note: The "Front" and "Rear" building elevation labels on Sheet MS-4 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION ANn ORDER GRANTING CONDITIONAL USE PERMIT - 6 need to be corrected as they are both labeled "North Elevation." The river rock wainscoat must be provided on the south elevation). 11. Due to the size and intensity of use of the planned development, at least one bike rack shall be provided within the apartment complex, and at least two additional bike racks shall be provided within the commercial development. 12. All developnlent/constmction shall be in accordance with ADA guidelines, 13. Applicant shall be responsible for the desigrl and construction of a new 12- inch diameter water main to and through this project from the higher pressure zone east of the project site. Additional Considerations I. Reduced Landscaping Buffers When applying for Planned Developm~nts, applicants are allowed to ask for reduced development standards if they provide additional amenities, utilize the natural topography and provide more open-space than would be found in traditional development. In this particular Planned Development, the Applicant has provided several landscaped plazas within the commercial development that "vill be connected by a five-foot-wide pathway. The Applicant has proposed to utilize the natural topography of the land by installing retaining walls and placing buildings at different elevations and they have provided a large recreation area for the apartment complex. The applicant requested phasing of the perimeter landscaping for the subdivision before the City Council, but the request was denied, a. Apartments: In return for providing the above noted amenities and open space, the Applicant has asked the City of Meridian for a 20% land use exception for the development of a 54-unit apartment complex in aC~G Zone. The Applicant's application does not specifically request any other reduced development standards. Notwithstanding, the submitted site plan shows reduced landscape buffers adjacent to the industrial zoned (I~L) land to the north and a reduced buffer adjacent to the Wooden Nickel Restaurant on the south. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 The Landscape Ordinance requires a 30'landscape buffer between multiple family dwellings (Class II) and industrial uses (Class V) and a 20' buffer between a restaurant use (Class IV) and multiple family dwellings. The Applicant's site plan shows a 15' landscape buffer adjacent to the industrial use on the north and a 10-foot landscape buffer adjacent to the restaurant to the south. The Landscape Ordinance (MCC 12-13-12-2) states that if a lower intensity use is proposed adjacent to an existing higher intensity use "with no buffer, the lower intensity use must provide the entire landscape buffer, Therefore, the Applicant is proposing a 50% reduction in the required landscape buffer in the noted areas, Staff recommends additional buffering, either additional conifers or increasing the width of the buffer. b. Commercial: The Sparrowhawk Final Plat (see Order of Conditional Approval, 'FP-01-023) landscape plan requires a minimum 25-foot wide buffer along the west and north sides of Lot 3, Block 1, adjacent to the single-family residence, The subject Site Development Plan proposes a five-foot wide pathway within this 2S-foot buffer. The pathway is provided as a project amenity and is not required by City Ordinance. 2. Pathways The applicant does not provide any pathways connecting the primary use (commercial) with the secondary/excepted use (apartments). The Planned Development Ordinance encourages pathway connectivity between mixed uses, Staff recommends continuing the pathway/sidewalk that terminates within the commercial development at the eastern property line of lots I and 2, into the Apartment Complex until it connects with the apartment's internal sidewalk system. Such a change would provide additional pedestrian access to and from the commercial property. The project is approved as a conceptional approval of the entire design project; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 and further that the use of conifers in lieu of any additional landscaping around the buffers is approved with a 25' buffer around the private property located on the northeast corner of the overall project. Adopt the Recomlnendations of Sanitary Service as follows: 1. Applicant shall allow for a 12' gate opening for serviceability, and allow for 6 yard containers of waste containers. At the rear of the complex the waste containers are inadequately located and are not the right size. Additionally, there are no waste containers provided for the bank, fast food, convenience store or restaurant, these shall be required. Adopt the ACHD Recommendations as follows: 1. To reduce the .number of access points on Franldin Road, applicant shall provide a recorded cross access easement among the parcels within the subdivision, and to the parcels to the west. 2'. In order to reduce trips to and from this development it is recommended that Tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation, Commuteride staff will coordinate the Alternative Transportation Program with the applicant. For more information contact Pat Nelson at 387-6160. 3. In order to reduce trips to and from this development, it is recommended that the tenants occupying the proposed building(s) be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development, 4. A Transportation Management Association (TMA) or Transportation Management Organization (TMO) is formed with a coordinator that works as a liaison between businesses and private and public transportation" ' providers to increase the use of alternative transportation and other trip reduction measures (shuttle buses, bus pass programs, vanpools, carpools, bicycle and walking enhancements). An annual survey will be required of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION "AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 the TMNTMO to monitor participation in alternative transportation programs and forwarded to the ACHD Commuteride Office. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat; Site Specific Requirements: 1. Dedicate 60-feet of right-of-way from the centerline of Franldin Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first 2, Dedicate 29-feet of right-of-way from the centerline of Nola Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will not be compensated for this additional right-of-way because is a local street and is to be brought to adopted standards by the developers of abutting properties. 3. Locate any proposed gated entry a minimum of 50-feet from a public road, Coordinate the location of any proposed gated entry with District staff. 4. Provide a $37,000 deposit to the Public Rights-ofMWay Trust Fund for the cost of constructing a 5-foot wide concrete sidewalk on Franldin Road abutting the parcel (approximately 1 ,850-feet) prior to District approval of a final plat. OR Construct a 5-foot wide concrete sidewalk on Franldin Road abutting the parcel. Coordinate the location and design of the sidewalk with District staff. 5. A maximum of three driveways shall be approved '011 Franldin Road for the subdivision. This shall be noted on the final plat. 6, Driveways on Franldin Road shall align or offset a minimum of 18~-feet. from ai1yexisting or proposed driveways or streets on both the north and south side of Franldin Road. Driveways on Franldin Road shall also be located a minimum of 440-feet from Nola Road for full access, and 220-feet for right-inlright-out access. The main driveway to Lot 3 shall align with Weatherby Street on the south side of Franklin Road. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 7. ACHD shall review the proposed site plans for driveway locations upon development of the individual lots. 8. Construct curb, gutter, S-foot wide concrete sidewalk and match paving on Nola Road abutting the parcel. Improvements shall be constructed to one- half of a 40-foot street section. 9, One driveway on Nola Road shall be approved at a location a minimum of 17S-feet north of Franldin Road. 10.Pave the driveways their full width of 24 to 30-feet and at least 30-feet into the site beyond the edge of pavement of Nola Road and Franldin Road and install pavement tapers with lS-foot radii abutting the existing roadway edge. 11.Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners associati011. Notes of this shall be required on the final plat. 12. Other than the access points specifically approved with this application, direct lot or parcel access to Franldin Road and Nola Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Adopt the Recommendations of Nampa-Meridian Irrigation District as follows: 1, All laterals and waterways must be protected and all surface drainage must be retained on site. Although this is no~ a Nampa & Meridian Irrigation District facility, it is the end of the Barker Lateral and must be sized to carl)' a minim of 250 miner inches of water. All irrigation work lUUSt be completed no later than March 15,2002. Adopt the Recommendations of Meridian Fire Departluent as follows: 1. That a fire-flow of 4,250 gallons per minute shall be available for duration of 4 hours to service the entire project. Fire hydrants shall be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION 'AND ORDER GRANTING CONDITIONAL USE PERMIT ~ II placed an average of 350' apart. 1997 UFC Appendix III-A. 2, All internal roads shall corners with a minimum of a 28' inside radius and 48' outside radius. 3. The proposed buildings and uses shall comply with the 1997 Uniform Fire Code. 4. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 5, Pinal approval of fire hydrant locations shall be by the Fire Department. 6. The roadways shall be built to Ada County Highway standards. 7. Provide an approved turnaround for any street, which exceeds 150' in length as a result of the phasing of the project, 8. .. All fLiel dispensing and fuel storage shall comply with the requirements of the Uniform Fire Code. 9. All building uses and occupancies shall comply with the separation requirements of the Uniform Building Code. Adopt the Recommendations of the Water Departlnent as follows: I. The 12" main on Franklin Road shall be connected to the 12" main near Parkway Plaza. Fire flows may be inadequate unless this is done. Adopt the Recommendations of the Central District Health Department as follows: I. The Applicant's central sewage and central water plans must, be sublnitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2. Run-off is not to create a mosquito breeding problem. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 3, The District's records show that the fonner project of Sparrowhawk Subdivision, now known as The Foothills Apartments, has been approved. Additionally, comply,vith the action of the City Council from their meeting held on April 2, 2002 as follows: I. As part of the original Development Agreement, annexation, and the preliminary plat, the requirement shall be to construct all the perimeter landscaping prior to any occupancies on the site, and which will include down to Nola Roiad, the 35-foot landscape setback. 2. Applicant submitted a letter addressing modifications to the proposed Master Site Plan, and which letter is dated March 18, 2002, and is on file with th~ City Clerk's office. 3. The conceptual uses for the remainder of the site, which includes variou.s commercial, retail and office uses will require have to come back to the Council with a detailed Conditional Use Applications with each building pad. 4. Removal of the present buildings shall be relnoved upon approval of the Final Plat prior to recordation. 13. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping, and other features as may be required by this ordinance; it is found that the subject property is large enough to accommodate the requested use and all other required features, given the submitted building footprints. 14. That the proposed use and development plan will be harn10niouswith the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; it is found that the current Comprehensive Plan Land Use Map designates FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 the property as "Mixed Planned Use Development". The proposed residential uses are harmonious with and in accordance with the Comprehensive Plan. 15. 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 0 the same area, except the placement of high density residential adjacent to an industrial zone. The existing industrial uses may have a negative impact on the requested apartment use exception, resulting in possible complaints of noise, appearance and odor. 16. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; it is found that the proposed use would not adversely affect other properties in the general vicinity, 17. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; except it is found that the existing City of Meridian water systel~ cannot selve the project adequately. Anticipated fire flows and pressures necessary for this apartment complex should be met "vith the extension of a new 12-inch diameter water main. to the higher pressure zone east of the project site. Applicant FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 may be required to provide fire sprinlder systems throughout this project if fire flow requirements, as determined by the Meridian Fire Department, exceed the available flows from the high pressure zone, Applicant shall be responsible for all costs associated with this main extension. 18. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. 19. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, propc:rty, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 20. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets. 21. That the proposed use \011 not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of inajor importance. Existing trees greater than 4" caliper must be retained or mitigated for, if removed, 22, The uses permitted by the exception are strongly related to theptincipal 1,.lSe of the development, and have the purpose of providing services or facilities useful or complementary to the primary use, it is found that the apartment use is related to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 the commercial use as it will provide housing immediately adjacent to an area of employment. Mixing residential uses and commercial uses will encourage the commercial development to be constructed as a pedestrian friendly center, and the apartments will provide an immediate consumer base for the commercial development. 23, No more than 20% of the total area of the project shall be devoted to the uses permitted by the exception, The percentage of use exception allowed will be determined by the Commission and Council based upon the size of the project and intensity of the use exceptions; it is found that Lot I, Block 1 of Sparrowhawk Subdivision is approximately 3.85 acres in size, or approximately 19% of the total area of the subdivision. It is found that the intensity of the apartment use and the size of the project is so large that the requested use exception should be reduced below the requested 19%. 24. The development will be placed so that construction of the excepted use or uses will be justified by construction of all or a proportionate amount of the principal or primary use or uses; it is found that the excepted use, apartments, is projected as the first phase of the development. Upon completion, the occupants of the apartments will need services that will be provided by later phases of the development, 25. The uses permitted by the exception are integrated into the overall FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 project, such as the apartment use will be within convenient walking distance of the commercial uses; the site design incorporates interconnectivity through shared vehicular access points; the apartments are located in a manner that will facilitate vehicular access from the commercial site; that the landscaping buffer along Franldin Road is consistent with the bulk of the development. Additionally, it is found that the apartment use vvill create a new small neighborhood, and that the apartment use is not regional in size; furthermore, it is found that the apartment use is not detrimental to other uses in the adjacent neighborhoods, CONCLUSIONS OF LAW t The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.c. 867-6503), 2, The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development, Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3, As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 use perl1"tits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code S 11-17- 3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parldng, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; 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; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the yicinity; 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, d~ainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; FINDINGS OF PACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 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; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and 1. 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, 5. Prior to granting a conditional use permit in the General Retail and Service Commercial District (C-G), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet(300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code S 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title, Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing,which shall be held before the Planning and Zoning Commission; and after the recommend~tion of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." . 6, Follmving the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons, The Commission shall recommend . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 19 that the application be approved, approved 'with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code S 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize a~verse impact on other development; B. ~ontrol the sequence and timing of development; C , Control the duration of development; D. Assure that the development is maintained property; E, Designate the exact location and nature of the development; F, Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance, 8, The City of Meridian has, by ordinance', established the Impact Area and the Comprehensive Plan of the City of Meridian, which'wasadopted December 21, 1993, Ord. 629, Janumy 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 20 CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a planned unit development for a 54 unit apartment complex for The Foothills Apartments in a C-G zone located at the northeast corner of N. Nolar Road and E. Franldin Road, Meridian, Idaho, subject to the following conditions of use and ~evelopment, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows:' . 1. Applicant shall record the Final Plat of Sparrowhawk Subdivision and construct all perimeter fencing prior to applying for any building permits, 2, Pursuant to 12-6-7B of the MCC, the development of Lots 2 and 3 of Sparrowhawk Subdivision shall require a detailed conditional use permit approval prior to future development. Because detailed plans for the 54-unit apartment project were submitted with this application, a new conditional use permit shall not be required prior to construction of this lot. 3. Perimeter landscaping for the entire subdivision shall be installed prior to occupancy of any building within the subdivision~ as well as all perimeter landscaping associated with this conditional use permit. The remaining landscaping and irrigation within the apartment project shall be completed or bonded for prior to issuing any occupancy permits. 4. A detailed landscape plan for the apartment complex shall be provided prior to the issuance of the Certificate of Zoning Compliance. The subdivision perimeter l:indscaping shall be installed as approved as part of the final plat. 5. Perimeter fencing shall be completed prio~ to occupancy in accordance with FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 21 the approved Final Plat fencing and plan (Order of Conditional Approval, 1,13 FP-O 1-023), which requires a six-foot cedar fence along the north and east property lines. 6. The basketball court within the subdivision shall be rotated 900, to keep basketball players from shooting baskets towards Pranldin Road, 7. The parking/site plan for the apartment complex must be revised to include the follovving changes: a. In accordance with the Landscape Ordinance, a landscape island (5' min) shall be added along the northern parking lot area to divide the 23 parking stalls into two groups of stalls with no more than 12 parking stalls linearly arranged without landscaping. b. A landscape island shall be added along the eastern parking lot area for reasons noted above. c. ,A van accessible ADA parldng stall shall be included among the 6 ADA parking. stalls provided. ,d. The submitted site plan for the parldng lot indicates a total of 108 parldng stalls for 54 apartments, a ratio of 2 parldng spaces to each apartment, as required by code. However, there are no parldng spaces provided for guests or the clubhouse/pool area. MCC 11-13-5B requires parldng for clubhouses at one space for each 300 square feet of floor area. Therefore, the 2,448 sq ft club house will require at least 8 additional parldng spaces. e. All sidewalks/pedestrian walkways within the apartment complex are required to be at least 5' wide as required by the MCC, not 4' wide as depicted, 8, The commercial parldng lot exceeds 201 parldng stalls (441 provided). MCC 12-13-11-3 requires parldng lots with more that 201 parldng stalls to provide 8% of the total area of the interior of the parldng l.ot with landscaping, The applicant shall provide either a new site plan that is in compliance with this section of code or provide the calculations based on the existing site plan to the Planning and Zoning staff at least ten days prior to the next public hearing for thi~ development, 9. Additional landscape islands and trees shall be required within the commercial parldng lot per MCC12-13-11D, E, A new parking lot site plan will not be required at this time due to the conceptual nature of this PD; however, modifications shall be made prior to applying for detailed conditional use FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 22 permits. 1 O.Excepting the apartment complex, all future buildings vvithin the Sparrowhawk Planned Development, whether constructed under the subject, single- ownership PD or on individually owned lots under a future re-subdivision, shall be designed under an established set of architectural criteria (as submitted on sheets MS-3 and MSA). Staff recommends such standards be included in the Sparrowhawk Subdivision CC&R's and/or included in the lease agreements of all future tenants and lot owners. Staff recommends the follovving as minimum design standards to be applicable throughout the entire development: . High River Rock Wainscoat be incorporated into the elevations of all buildings visible from a public right-of-way; . The color of t~e stucco/drivit finish and roofing material be uniform throughout the development; . A pi~ched roof (minimum pitch 6/12) for all office buildings and a pre- finished metal roofing material be visible on all buildings, (Note: The "Front" and "Rear" building elevation labels on Sheet MS-4 need to be corrected as they are both labeled aN orth Elevation." The river rock wainscoat must be provided on the south elevation). 11.Due to the size and intensity of use of the planned development, at least one bike rack shall be provided within the apartment complex, and at least two additional bike racks shall be provided within the commercial development. 12.All development/construction shall be in accordance with ADA guidelines. 13.Applicant shall be responsible for the desigr'l and cO~1struction of a new 12-inch diameter water main to and through this project from the higher pressure zone east of the project site. . Additional Considerations 1. Reduced Landscaping Buffers When applying for Planned Developments, applicants are allowed to ask for reduced development standards if they provide additional amenities, utilize the natural topography and provide more open-space than would be found in "FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 23 traditional development, In this particular Planned Development, the Applicant has provided several landscaped plazas within the commercial development that will be connected by a five-foot~wide pathway. The Applicant has proposed to utilize the natural topography of the land by installing retaining walls and placing buildings at different elevations and they have provided a large recreation area for the apartment complex. The applicant requested phasing of the perimeter landscaping for the subdivision before the City Council, but the request was denied. a. Apartments: In return for providing the above noted amenities and open space, the Applicant has asked the City of Meridian for a 20% land use exception for the development of a S4~unit apartment complex in a C-G Zone. The Applicant's application does not specifically request any other reduced development standards'. Notwithstanding, the submitted site plan shows reduced landscape buffers adjacent to the industrial zoned (I-L) land to the north and a reduced buffer adjacent to the Wooden Nickel Restaurant on the south. The Landscape Ordinance requires a 30'landscape buffer between multiple family dwellings (Class II) and industrial uses (Class V) and a 20' buffer between a restaurant use (Class IV) and multiple family dwellings. The Applicant's site plan shows a 15' landscape buffer adjacent to the industrial use on the north and a 10-foot landscape buffer adjacent to the restaurant to the south. The Landscape Ordinance (MCC 12-13-12-2) states that if a lower intensity use is proposed adjacent to an existing higher intensity use with no buffer, the lower intensity use must provide the entire landscape buffer. Therefore, the Applicant is proposing a 50% reduction ,in the required landscape buffer in the noted areas. Staff recommends additional buffering, either additional conifers or increasing the width of the buffer. b. Commercial: The. Sparrowhawk Final Plat (see .order of Conditiorlal Approval, FP-O 1-023) landscape plan requires a mininlum 25'-foot "vide buffer along the west and north sides of Lot 3, Block 1, adjacent to the single-family residence. The subject Site Development Plan proposes a five-foot wide pathway within this 25-foot buffer. The pathway is provided as a project amenity and is not required by City Ordinance. ,FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 24 2. Pathways The applicant does not provide any pathways connecting the primalY use (commercial) with the secondary/excepted use (apartments). The Planned Development Ordinance encourages pathway connectivity between mixed uses. Staff recommends continuing the pathway/sidewalk that terminates within the commercial development at the eastern property line of lots 1 and 2, into the Apartment Complex until it connects with the apartment's internal sidewalk system, Such a change would provide additional pedestrian access to and from the commercial property. The project is approved as a conceptional approval of the entire design project; and further that the use of conifers in lieu of any additional landscaping around the buffers is approved with a 25' buffer around the private property located on the northeast corner of the overall project. Adopt the .Recommendations of Sanitary Service as follows: L Applicant shall allow for a 12' gate opening for serviceability, and allow for 6 yard containers of waste containers. At the rear of the complex the waste containers are inadequately located and are not the right size. Additionally, there are no waste containers provided for the bank, fast food, convenience store or restaurant, these shall be required. Adopt the ACHD Recommendations as follows: 1. To reduce the number of access points on Franklin Road, applicant shall provide a recorded cross access easement among the parcels within the subdivision, and to the parcels to the west. 2, In order to reduce trips to and from this development it is recommended that Tenants occupying the proposed building be required to provide al~ Alternative Transportation Program for employees and provide an annual report toACHD on employee participation. Commuteride staffwill ' coordinate the Alternative Transportation Program with the applicant. For more information contact Pat Nelson at 387-6160. . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 25 3. In order to reduce trips to and from this development, it is recommended that the tenants occupying the proposed building(s) be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. 4. A Transportation Management Association (TMA) or Transportation Management Organization (TMO) is formed with a coordinator that works as a liaison between businesses and private and public transportation providers to increase the use of alternative transportation and other trip reduction measures (shuttle buses, bus pass programs, vanpools, carpools, bicycle and walking enhancements). An annual survey will be required of the TMNTMO to monitor participation in alternative transportation programs and forwarded to the ACHD Commute ride Office, The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site, Specific Requirements: 1, Dedicate 60-feet of right-of-way from the centerline of Franldin Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issual1ce of a building permit (or other required permits), whichever occurs first 2. Dedicate 29-feet of right-of-way from the centerline of Nola Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will not be compensated for this additional right-of-way because isa local stree~ and is to be brought to adopted standards by the developers of abutting properties. 3. Locate any proposed gated entry a minimum of 50-feet from a'public ro~d. Coord,inate the location of any proposed gated entry "vith District staff. 0 4. Provide a $37,000 deposit to the Public Rights-of-Way Trust Fund for the cost of constructing a S-foot wide concrete sidewalk on Franldin Road abutting the parcel (approximately 1,850-feet) prior to District approval of a final plat. OR Construct a S~foot wide concrete sidewalk on Franklin FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT w 26 Road abutting the parcel. Coordinate the location and design of the sidewalk with District staff. 5. A maximum of three driveways shall be approved on Franldin Road for the subdivision. This shall be noted on the final plat. 6. Driveways on Franldin Road shall align or offset a minimum of 185-feet from any existing or proposed driveways or streets on both the north and south side of Franldin Road. Driveways on Franldin Road shall also be located a minimum of 440-feet from Nola Road for full access, and 220-feet for right-in/right-out access. The main driveway to Lot 3 shall align with Weatherby Street on the south side of Franldin Road, 7. ACHD shall review the proposed site plans for driveway locations upon development of the, individual lots. 8. Constru~t curb, gutter, S-foot wide concrete sidewalk and match paving on Nola Road abutting the parcel. Improvements shall be constructed to one- half of a 40-foot street section. 9. One driveway on Nola Road shall be approved at a location a minimum of 1 75-feet north of Franldin Road. 10.Pave the driveways their full width of 24 to 30-feet and at least 30-feet into the site beyond the edge of pavement of Nola Road and Franldin Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. 11.Any proposed landscape islands/medians within the public right-of~way dedicated by this plat shall be owned and maintair~ed by a homeowners association. Notes of this shall be required on the final plat. 12.0ther than the access points specifically approved with this application,. direct !ot or parcel access to Franldin Road and Nola Road is prohibite~: Lot access restrictions, as required with this application, shall be stated on the final plat. Adopt the Recommendations of N ampa- Meridian Irrigation District as follows: ,FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION ANn ORDER GRANTING CONDITIONAL USE PERMIT w 27 1. All laterals and watetways must be protected and all surface drainage must be retained on site. Although this is not a Nalnpa & Meridian Irrigation District facility, it is the end of the Barker Lateral and must be sized to carry a minim of 250 miner inches of water. All irrigation work must be completed no later than March 15, 2002. Adopt the Recommendations of Meridian Fire Department as follows: 1. That a fire-flow of 4,250 gallons per minute shall be available for duration of 4 hours to service the entire project. Fire hydrants shall be placed an average of 350' apart, 1997 UFC Appendix III-A. 2. All internal roads shall corners with a minimum of a 28' inside radius and 48' outside radius. ' 3. The proposed buildings and uses shaU comply with the 1997 Uniform Fire Code. 4, Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. S. Final approval of fire hydrant locations shall be by the Fire Department. 6. The roadways shall be built to Ada County Highway standards. 7. Provide an approved turnaround for any street, which exceeds 150' in length as a result of the phasing of the project. 8. All fuel dispensing and fuel storage shall comply with the requirements of the Uniform Fire Code. 9. All bL~ilding uses and occupancies shall cOlnply with the. separation requirements of the Uniform Building Code. Adopt the Recommendations of the Water Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 28 1. The 12" main on Franldin Road shall be connected to the 12" main near Parkway Plaza. Fire flows may be inadequate unless this is done. Adopt the Recommendations of the Central District Health Department as follows: 1. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality, 2. Run-off is not to create a mosquito breeding probleln. 3. The District's records show that the former project of Sparrowhawk Subdivision, now known as The Foothills Apartments, has been approved. Additionally, comply with the action of the City Council frOln their meeting held on April 2, 2002 as follows: . 1. As part of the original Development Agreement, annexation, and the preliminary plat, the requirement shall be to constnlCt all the perimeter landscaping prior to any occupancies on the site, and which will include down to Nola Roiad, the 35-foot landscape setback. 2. Applicant submitted a letter addressing lnodifications to the proposed Master Site Plan, and which letter is dated March 18,2002, and is on file with the City Clerk's office. 3. The conceptual uses for the remainder of the site, which includes various commercial, retail and office uses will require have to COlne back to the Council with a detailed Conditional Use Applications with each building pad. 4. Removal of the present buildings shall be removed upon approval-of the Final Plat prior to recordation. 2. The conditions shall be reviewable by the Council pursuant to Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 29 City Code S 11-17-9, 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION 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. By action of the City Council at its regular meeting held on the /6 f& day of ~ / ,2002. ROLLCALL: COUNCILMAN KEITH BIRD VOTED flea.-. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 30 COUNCILWOMAN TAMMY deWEERD VOTED ~<-- VOTED $tZ.../ VOTED$0 COUNCILWOMAN CHERIE Mc CANDLESS COUNCILMAN WILLIAM L.M. NARY ,- MAYOR RO+T .0, CORRIE (TIE BREAKER) DATED: -If -02- VOTED MOTION: '\\f'Cl\. ~ APPR~' ~ DISAPPROVED: Copy served 'upon Applicant, Planning and Zoning Department, Public Works Department a11d the City Attorney. ByA-~,P-4-fr tJ..f>.. City Clerk {/ f , 4-/1-02- Z:\Work\M\Meridian\Mcridian [5360M\Foothills Apa~l1lcl 't FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND . ORDER GRANTING CONDITIONAL USE PERMIT - 31 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 04/02/02 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A PLANNED ) UNIT DEVELOPMENT FOR ) THE FOOTHILLS ) APARTMENTS IN A C-G ZONE, ) LOCATED AT THE ) NORTHEAST CORNER OF N. ) NOLAR ROAD AND.E. ' ) FRANKLIN ROAD, MERIDIAN, ) IDAHO ) ) SITZLAR'REAL ESTATE ) DEVELOPMENT, ) ) APPLICANT ) ) Case No. CUP-02-001 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the April 2, 2002, under the provisions of Meridian City Code S ll-l7 -4 for final action on conditional use permit application and the Council 'having received and approving the Recommendation of the Planning and Zoning Commission tl:e Council takes the following action: 2, That the above named applicant is granted a conditional use permit for a planned unit development for a 54 unit apartment complex for ORDER CONDITIONAL USE PERMIT (CUP-02-001) - I The Foothills Apartments in a C-G zone located at the northeast corner of N. Nolar Road and E. Franldin Road, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Applicant shall record the Final Plat of Sparrowhawk Subdivision and construct all perimeter fencing prior to applying for any building permits, 2, Pursuant to 12-6-7B of the MCC, the development of Lots 2 and 3 of Sparrowhawk Subdivision shall require a detailed conditional use permit approval prior to future development. Because detailed plans for the 54-unit apartment project were submitted with this application, a new conditional use permit shall not be required prior to construction of this lot. 3. Perimeter -landscaping for the entire subdivision shall be installed prior to occupancy of any building within the subdivision, as well as all perimeter landscaping associated with this conditional use permit. The remaining landscaping and irrigation within the apartment project shall be completed or bonded for prior to issuing any occupancy permits. 4. A detailed landscape plan for the apartment complex shall be provided prior to the issuance of the Certificate of Zoning Compliance. The subdivision perimeter landscaping shall be installed as approved as part of the final plat, S. Perimeter fencing shall be completed prior to occupancy in accordance "vith the approved Final Plat fencing and plan (Order of Conditional Approval, 1.13 FP-01-023), which requires a six-foot cedar fence along the north and east property lines. 6. The basketball court vvithin the subdivision shall be rotated 900', to keep basketball players from shooting baskets towards Franldin Road. 7. The parking/site plan for the apartment complex must be revised to include the following changes: ORDER CONDITIONAL USE PERMIT (CUP-02-00 I) -2 a, In accordance with the Landscape Ordinance, a landscape island (5' min) shall be added along the northern parking lot area to divide the 23 parldng stalls into two groups of stalls with no more than 12 parldng stalls linearly arranged without landscaping. b, A landscape island shall be added along the eastern parldng lot area for reasons noted above. c. A van accessible ADA parldng stall shall be included among the 6 ADA parldng stalls provided. d. The submitted site plan for the parldng lot indicates a total of 108 parldng stalls for 54 apartments, a ratio of 2 parldng spaces to each apartment, as required by code. However, there are no parking spaces provided for guests or the clubhouse/pool area. MCC l1-l3-5B requires parldng for clubhouses at one space for each 300 square feet of floor area. Therefore, the 2,448 sq ft club house will require at least 8 additional parldng spaces. e. All sidewalks/pedestrian walkways within the apartment complex are required to be at least 5' wide as required by the MCC, not 4' wide as depicted. 8. The commercial parldng lot exceeds 201 parking stalls (441 provided). MCC 12-13-11-3 requires parldng lots with more that 201 parldng stalls to provide 8% of the total area of the interior of the parldng lot with landscaping, The applicant shall provide either a new site plan that is in compliance with this section of code or provide the calculations based on the existing site plan to the Planning and Zoning staff at least ten days prior to the next public hearing for this development. 9. Additional landscape islands and trees shall be required within the commercial parldng lot per MCC12-13-11D, E. A new parldng lot site plan will not be required at this time due to the conceptual nature of this PD; however, modifications shall be made prior to applying for detailed conditional use permi ts, 1 O.Excepting the apartment com.plex, all future buildings within the Sparrowhawk Planned Development, whether constructed under the subject, single- ownership PD or on individually owned lots under a future re-subdivision, shall be designed under an established set of architectural criteria (as submitted on sheets MS-3 and MS-4). Staff recommends such standards be included in the Sparrowhawk Subdivision CC&R's and/or included in the lease agreements of all future tenants and lot owners. Staff recommends the following as minimum design standards to be applicable throughout the entire development: ORDER CONDITIONAL USE PERMIT (CUP-02-00 I) - 3 . High River Rock Wainscoat be incorporated into the elevations of all buildings visible from a public right-of-way; . The color of the stucco/drivit finish and roofing material be uniform throughout the development; . A pitched roof (minimum pitch 6/12) for all office buildings and a pre- finished metal roofing material be visible on all buildings. (Note: The "Front" and "Rear" building elevation labels on Sheet MS-4 need to be corrected as they are both labeled "North Elevation," The river rock wainscoat must be provided on the south elevation). 11.Due to the size and intensity of use of the planned development, at least one bike rack shall be provided within the apartment complex, and at least two additional bike racks shall be provided within the commercial development. 12.All development/construction shall be in accordance with ADA guidelines. 13.Applicant shall be responsible for the design and constmction of a new 12-inch diameter water main to and through this project from the higher pressure zone east of the project site. Additional Considerations I. Reduced Landscaping Buffers When applying for Planned Developments, applicants are allowed to ask for reduced development standards if they provide additional amenities, utilize the natural topography and provide more open-space than would be found in traditional development. In this particular Planned Development, the Applicant has provided several landscaped plazas within the commercial development that will be connected by a five-foot-wide pathway. The Applicant has proposed to utilize the natural topography of the land by installing retaining walls and placing buildings at different elevations and they have provided a large recreation area for the apartment complex. The applicant requested phasing of the perimeter landscaping for the subdivision before the City Council, but the request was denied. a. Apartments: In return for providing the above noted amenities and ORDER CONDITIONAL USE PERMIT (CUpw02wOO I) -4 open space, the Applicant has asked the City of Meridian for a 20% land use exception for the development of a S4~unit apartment complex in a C-G Zone, The Applicant's application does not specifically request any other reduced development standards. Notwithstanding, the submitted site plan shows reduced landscape buffers adjacent to the industrial zoned (I-L) land to the north and a reduced buffer adjacent to the Wooden Nickel Restaurant on the south, The Landscape Ordinance requires a 30'landscape buffer between multiple family dwellings (Class II) and industrial uses (Class V) and a 20' buffer between a restaurant use (Class IV) and multiple family dwellings. The Applicant's site plan shows a 15' landscape buffer adjacent to the industrial use on the north and a 10-foot landscape buffer adjacent to the restaurant to the south. The Landscape Ordinance (MCC 12-13-12~2) states that if a lower intensity use is proposed adjacent to an existing higher intensity use with no buffer, the lower intensity use must provide the entire landscape buffer. Therefore? the Applicant is proposing a 50% reduction in the required landscape buffer in the rloted areas, Staff recommends additional buffering, either additional conifers or increasing the width of the buffer. b. Commercial: The Sparrowhawk Final Plat (see Order of Conditional Approval, FP~O I ~023) landscape plan requires a minimum 25-foot wide buffer along the west and north sides of Lot 3, Block 1, adjacent to the single-family residence, The subject Site Development Plan proposes a five-foot wide pathway within this 2S~foot buffer. The pathway is provided as a project amenity and is not required by City Ordinance. 2. Pathways The applicant does not provide any pathways connecting the primary use (commercial) with the secondary/excepted use (apartnients). The Planned Development Ordinance encourages pathway connectivity between mixed uses, Staff recommends continuing the pathway/sidewalk that terminates within the commercial development at the eastern property line of lots 1 and 2, into the Apartment Complex until it connects with the apartment's internal sidewalk system. Such a change would provide additional pedestrian access to and from the commercial property. The project is approved as a conceptional approval of the entire design project; and further that the use of conifers in lieu of any additional landscaping ORDER CONDITIONAL USE PERMIT (CUP-02-001) - 5 around the buffers is approved with a 25' buffer around the private property located on the northeast corner of the overall proj ect. Adopt the Recommendations of Sanitary Service as follows: I. Applicant shall allow for a 12' gate opening for serviceability, and allow for 6 yard containers of waste containers. At the rear of the complex the waste containers are inadequately located and are not the right size. Additionally, there are no waste containers provided for the bank, fast food, convenience store or restaurant, these shall be required. Adopt the ACHD Recommendations as follows: 1. To reduce the number of access points on Franldin Road, applicant shall provide a recorded cross access easement among the parcels within the subdivision, and to the parcels to the west. 2. In order to reduce trips to and from this development it is recommended that Tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation. Commuteride staff will coordinate the Alternative Transportation Program with the applicant, For more information contact Pat Nelson at 387-6160. 3, In order to reduce trips to and from this development, it is recommended that the tenants occupying the proposed building(s) be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. 4. A Transportation Management Association (TMA) or Transportation Management Organization (TMO) is formed with a coordinator that works as a liaison between businesses and private and public transportation providers to increase the use of alter11ative transportation and other trip reduction measures (shuttle buses, bus pass programs, vanpools, carpools, bicycle and walking enhancements), An annual survey will be required of the TMNTMO to monitor participation in alternative transportation programs and forwarded to the ACHD Commuteride Office. ORDER CONDITIONAL USE PERMIT (CUP-02-00 I) - 6 The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: 1. Dedicate 60-feet of right-of-way from the centerline of Franldin Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first 2. Dedicate 29-feet of right-of-way from the centerline of Nola Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will not be compensated for this additional right-of-way because is a local street and is to be brought to adopted standards by the developers of abutting properties. 3. Locateanyproposed gated entry a minimum of 50-feet from a public road. Coordinate the location of any proposed gated entry with District staff. 4. Provide a $37,000 deposit to the Public Rights-of-Way Trust Fund for the cost of constructing a S-foot wide concrete sidewalk on Franldin Road abutting the parcel (approximately 1,850-feet) prior to District approval of a final plat, OR Construct a 5-foot wide concrete sidewalk on Franldin Road abutting the parcel. Coordinate the location and design of the sidewalk with District staff. S. A maximum of three driveways shall be approved on Franldin Road for the subdivision. This shall be noted on the final plat. 6. Driveways on Franldin Road shall align or offset a fninimum of 185-feet from any existing or proposed driveways or streets on both the north and south side of Franldin Road. Driveways on Franldin Road shall also be located a minimum of 440-feet from Nola Road for full access, and220~feet for right-in/right-out access. The main driveway to Lot 3 shall align with Weatherby Street on the south side of Franklin Road. 7, ACHD shall review the proposed site plans for driveway locations upon development of the individual lots. 'ORDER CONDITIONAL USE PERMIT (CUP-02-001) - 7 8. Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on Nola Road abutting the parcel. Improvements shall be constructed to one- half of a 40-foot street section. 9. One driveway on Nola Road shall be approved at a location a minimum, of 17S-feet north of Franldin Road. 10.Pave the driveways their full width of 24 to 30-feet and at least 30-feet into the site beyond the edge of pavement of Nola Road and Franldin Road and install pavement tapers with IS-foot radii abutting the existing roadway edge. II.Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 12,Other than the access points specifically approved with this application, direct lot or parcel access to FranldinRoad and Nola Road is prohibited. Lot access. restrictions, as required with this application, shall be stated on the' final plat. Adopt the Recommendations of Nampa-Meridian Irrigation District as follows: I. All laterals and waterways must be protected and all surface drainage must be retained on site. Although this is not a Nalupa & Meridian Irrigation District facility, it is the end of the Barker Lateral and must be sized to carl)' a minim of 250 miner inches of water. All irrigation work must be cOlnpleted no later than March IS, 2002. Adopt the Recomluendations of Meridian Fire Department as follows: 1. That a fire-flow of 4,250 gallons per minute shall be available for duration of 4 hours to service the entire project. Fire hydrants shall be placed an average of 350' apart, 1997 UFC Appendix III~A. . 2. All internal roads shall corners with a minimum of a 28' inside radius and 48' outside radius. 'ORDER CONDITIONAL USE PERMIT (CUP-02-00 I) - 8 3. The proposed buildings and uses shall comply with the 1997 Uniform Fire Code, 4. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. S. Final approval of fire hydrant locations shall be by the Fire Department. 6. The roadways shall be built to Ada County Highway standards. 7. Provide an approved turnaround for any street, which exceeds 150' in length as a result of the phasing of the project, 8. All fuel dispensing and fuel storage shall comply with the requirements of the Uniform Fire Code. 9. All building uses and occupancies shall comply with the separation requireln~nts of the Uniform Building Code. Adopt the Recommendations of the Water Departlnent as follows: I. The 12" main on Franldin Road shall be connected to the 12" main near Parkway Plaza. Fire flows may be inadequate unless this is done. Adopt the Recommendations of the Central District Health Department as follows: I. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: 2. Runwoff is not to create a mosquito breeding probleln. ' 3. The District's records show that the former project of Sparrowhawk Subdivision, now known as The Foothills Apartments, has been approved. Additionally, comply with the action of the City Council from their meeting held on April 2, 2002 as follows: , ORDER CONDITIONAL USE PERMIT (CUP-02-00 I) - 9 I. As part of the original Development Agreement, annexation, and the preliminary plat, the requirement shall be to construct all the perimeter landscaping prior to any occupancies on the site, and which will include down to Nola Roiad, the 35Mfoot landscape setback. 2, Applicant submitted a letter addressing modifications to the proposed Master Site Plan, and which letter is dated March 18, 2002, and is on file with the City Clerk's office. 3. The conceptual uses for the remainder of the site, which includes various comluercial, retail and office uses will require have to come back to the Council with a detailed Conditional Use Applications with each building pad. 4. Removal of the present buildings shall be removed upon approval of the Final' Plat prior to recordation. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use pennit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code S II M 17 MS, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the I G ~ day of ~ ,2002. eLM/! o,~ Robert D. Corrie, Mayor City of Meridian 'ORDER CONDITIONAL USE PERMIT (CUP-02-00 I) - 10 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By: JI~,Q~ Q Dated: 4~/l~tJZ- City Clerk t9'\.o Z:\Work\M\Mcridian\Mcridian 15360M\Foothills Apartments CUP02-00 l\OrderCUP,doc ORDER CONDITIONAL USE PERMIT (CUP-02-001) - II