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Outer Banks H-2024-0026 Findings
CITY OF MERIDIAN V IDIAN;_-- FINDINGS OF FACT, CONCLUSIONS OF LAW AND ! DAHO DECISION& ORDER In the Matter of the Request for Conditional Use Permit for a Multi-family Development Consisting of 516 Residential Units (364 Apartments, 126 Flats and 26 Townhome Style Units)on 19.34-acres of Land in the R-40 and C-C Zoning Districts for Outer Banks Apartments,Generally Located off the Southwest Corner of W.Franklin Rd. and S.Ten Mile Rd.in the NE 1/4 of Section 15,T.3N.,RAW.,by J-U-B Engineers. Case No(s).H-2024-0026 For the Planning& Zoning Commission Hearing Date of: September 19, 2024 (Findings on October 3, 2024) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of September 19,2024, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of September 19,2024, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 19, 2024, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of September 19,2024, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian Planning&Zoning Commission takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian,which was adopted April 19,2011,Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). H-2024-0026 OUTER BANKS APARTMENTS Page 1 54 6. That the City has granted an order of approval in accordance with this decision,which shall be signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk upon the applicant,the Planning Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the conditions of approval in the attached staff report for the hearing date of September 19,2024, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the Planning &Zoning Commission's authority as provided in Meridian City Code § 11- 5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for conditional use permit is hereby approved in accord with the conditions of approval in the staff report for the hearing date of September 19, 2024, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two(2)Year Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City in accord with UDC 11-513-6F.1. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period in accord with UDC 11-5B-6F.2. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-61.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two (2)year period.Additional time extensions up to two (2)years as determined and approved by the Commission may be granted. With all extensions,the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). H-2024-0026 OUTER BANKS APARTMENTS Page 2 F551 Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of September 19,2024 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). H-2024-0026 OUTER BANKS APARTMENTS Page 3 56 3rd By action of the Planning&Zoning Commission at its regular meeting held on the day of October ,2024. COMMISSIONER MARIA LORCHER, CHAIRMAN VOTED COMMISSIONER JARED SMITH,VICE CHAIRMAN VOTED COMMISSIONER BRIAN GARRETT VOTED COMMISSIONER ANDREW SEAL VOTED COMMISSIONER PATRICK GRACE VOTED COMMISSIONER MATTHEW SANDOVAL VOTED COMMISSIONER SAM RUST VOTED Maria Lorcher, Chairman 10-3-2024 Attest: Chris Johnson, City Clerk 10-3-2024 Copy served upon the Applicant, the Planning and Development Services divisions of the Community Development Department,the Public Works Department and the City Attorney. 10-3-2024 By: Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). H-2024-0026 OUTER BANKS APARTMENTS Page 4 57 EXHIBIT A STAFF REPORTC�WE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT f D A H 0 HEARING September 19,2024 Legend DATE: ff I�Project Lacfliar TO: Planning&Zoning Commission FROM: Sonya Allen,Associate Planner 208-884-5533 �f SUBJECT: H-2024-0026 Outer Banks Apartments k LOCATION: Generally located off the southwest z~ J corner of W. Franklin Rd. & S. Ten Mile Rd., in the NE 1/4 of Section 15, Township 3N.,Range 1 W. t I. PROJECT DESCRIPTION Conditional use permit(CUP) for a multi-family development consisting of 516 residential units [364 apartments, 126 flats and 26 townhomes) on 19.34-acres of land in the R-40 and C-C zoning districts.Note: There are also 33 vertically integrated residential units proposed; however, CUP approval is not required for those as the use is principally permitted in the C-C district. A previous CUP for this project was approved in 2021 but has since expired(H-2021-0063). The proposed CUP maintains all elements of the previously approvedproject and updates those areas impacted by zoning code changes that have occurred since the original approval. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 19.34-acres Future Land Use Designation Mixed Use—Commercial(MU-COM),High Density Residential(HDR), Mixed Use—Residential(MU-RES)in the Ten Mile Interchange Specific Area Plan(TMISAP) Existing Land Use Vacant/undeveloped land(surrounding portions of the site are in the ILdevelopment process with a mix of commercial&vertically integrated uses) Proposed Land Use(s) Multi-family development Current Zoning Community Business(C-C)&High-Density Residential(R-40) Proposed Zoning NA Phasing plan(#of phases) 2 to 4 phases depending on market demand Number of residential units(type) 516 units [(364)apartments,(126)flats and(26)townhome style units] Page 1 F58 Density(gross&net 26.68(gross)units/acre Open Space(acres,total[%]/ 5.45-acres buffer/qualified) Amenities A 15,525 square foot clubhouse with a swimming pool,fitness center,dog wash facilities,intemet cafe,co-working center,game room; (6)BBQ's;(2) plazas;a fire pit;(2)sports courts(i.e.bocce ball,pickle ball);children's play equipment;open grassy areas of at least 50'x 50'in size;a dog park;a plaza;a children's play structure;(4)bicycle repair stations,which include stand,repair tools and tire pump. Physical Features(waterways, The Kennedy Lateral bisects this site within a 55'wide easement. hazards,flood plain,hillside) Neighborhood meeting date 6/6/24 History(previous approvals) H-2021-0025 (AZ DA Inst.#2021-132704—The 10 at Meridian);H-2021- 0063 [PP,CUP(expired)];FP-2022-0014 B. Community Metrics Description Details Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action (yes/no) Traffic Impact Study(yes/no) Yes(w/previous CUP) Access Access is proposed via W.Franklin Rd.,S.Ten Mile Rd. and W. Cobalt Dr.as shown (Arterial/Collectors/State on the site plan. Hwy/Local)(Existing and Proposed) Fire Service • Distance to Fire Station 1.9 mile from Station#2 • Fire Response Time Within 5-minute response time goal Police Service • Distance to Police 3.3 miles Station • Police Response Time 4:24 minutes West Ada School District • Capacity of Schools Enrollment Capact Chaparral Elementary5chDo1 543 550* Meridian Middle School 955 1250 Meridian High School 1769 2075 *Program Capacity • Predicted#of students 72 generated from proposed development Page 2 59 Wastewater • Distance to Sewer Directly adjacent Services • Sewer Shed South Black Cat Trunk Shed • Estimated Project Sewer See Application ERU's • WRRF Declining 14.21 Balance • Project Consistent with Yes WW Master Plan/Facility Plan • Impacts/Concerns •Flow is committed •See Public Works Site Specific conditions Water • Distance to Water Directly adjacent Services • Pressure Zone 2 • Estimated Project Water See application ERU's • Water Quality None • Project Consistent with Yes Water Master Plan • Impacts/Concerns See Public Works Site Specific Conditions Page 3 60 C. Project Maps Future Land Use Map Aerial Map Legend - mul o ffeegend bProi—t Lcc-jTor I Prnje t LacofKm ,Density ivic R&deh ial P. ►I _ MU-Res �r Hi . . nsity Zoning Map Planned Development Map r Legend R. .ry legend ff Project Locolor. R=1. _C_C ff Projent Loco--on I I City L rn& UT I•L — Farred Farces [ R- — R-1 'RUT � UT _ f+1. C-Ca C- R , _. R. T G= a TN-C a .a - .Aki III. APPLICANT INFORMATION A. Applicant: Terry O'Brien,J-U-B Engineers—2760 W. Excursion Ln., Ste. 400,Meridian,ID 83642 B. Owner: 10 Mile Franklin,LLC—837 Jefferson Blvd.,West Sacramento, CA 95691 C. Representative: Erik Pilegaard,Elk Ventures, LLC— 10981 Olana Dr., Truckee, CA 95161 Page 4 - F61] IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 9/3/2024 Radius notification mailed to properties within 300 feet 8/30/2024 Public hearing notice sign posted 9/5/2024 on site Nextdoor posting 8/27/2024 V. COMPREHENSIVE PLAN(LITTPS://WWW.MERIDIANCITY.ORGICOMPPLAI�: LAND USE: There are three(3) different future land use map (FLUM) designations on this property in the Comprehensive Plan.The portion of the site southwest of the Kennedy Lateral is designated High Density Residential(HDR) and consists of<I I-acres of land,the portion northeast of the lateral is designated Mixed Use Commercial(MU-COM) and consists of<7-acres of land, and a narrow sliver along the southern boundary of the site is Mixed Use Residential(MU-RES) and consists of<2-acres of land,which is mostly right-of-way for W. Cobalt Dr. This property is located within the area governed by the Ten Mile Interchange Specific Area Plan (TMISAP). The purpose of the MU-COM designation is to encourage the development of a mixture of office,retail, recreational,employment, and other miscellaneous uses,with supporting multi-family or single-family attached residential uses(see pg. 3-9 in the TMISAP for more information). HDR designated areas are multiple-family housing areas where relatively larger and taller apartment buildings are the recommended building type. HDR areas should include a mix of housing types that achieve an overall average density target of at least 16-25 dwelling units per gross acre(see pg. 3-7 in the TMISAP for more information). The purpose of the MU-RES designation is to encourage a diversity of compatible land uses that may include a mixture of residential, office,retail,recreational, employment, and other miscellaneous uses(see pg. 3-8 in the TMISAP for more information).Because this designation only encompasses a narrow strip of land north of the existing W. Cobalt Dr. right-of-way and FLUM designations are not parcel specific, Staff recommends the abutting HDR designation is `floated"to this area. Mixed use designated areas in the TMISAP are recommended locations for development of activity centers that are specifically planned to include both residential and non-residential uses. Mixed use areas are anticipated to have 3 or more significant income producing uses(i.e. retail, office,residential and lodging facilities)with significant functional and physical integration in conformance with a coherent plan(pgs. 3-7 &3-8). The site is proposed to develop with a mix of residential dwelling types consisting of 4-story multi-family apartments(364 units)in the HDR designated area; and,4-story flats(126 units)and 3-story townhome style (26 units)in the MU-COM designated area as shown on the site plan in Section VIII.A. An overall gross density of 26.7 units per acres is proposed,which is consistent with the density range desired in this area per the associated FLUM designations(HDR— 16 to 50 units/acre and MU-COM 8 to 12 units/acre). Staff finds the mix of residential housing types with interconnected pedestrian walkways and amenities incorporated with the existing and future commercial uses which will provide services for the residents, and employment uses in this area is generally consistent with the goals of the TMISAP for this area. Page 5 62 Transportation: Access to this site is provided via W. Franklin Rd. and S. Ten Mile Rd., existing 5-lane arterial streets that run along the northern and eastern boundaries and W. Cobalt Dr., an existing 3-lane collector street that runs along the southern boundary of the development. Design: Conceptual building elevations were submitted for the high density, flats and townhome style multi- family residential structures and the associated clubhouse. The design of the proposed structures appears to be of a high quality and are generally consistent in style,materials and colors. Final design of the site and structures is required to comply with the design elements of the TMISAP per the Application of Design Elements matrix on pg.3-49 of the TMISAP and the design standards in the Architectural Standards Manual in accord with the Development Agreement(Inst.#2021-132704,provision#5.1b). Goals,Objectives,&Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D) A variety of multi family housing is proposed in this development consisting of flats, townhome and high-density apartment style units, which will contribute to the variety of housing types in the City, specifically in the Ten Mile area as desired, that should cater to different financial capabilities. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer services are available and can be extended by the developer with development in accord with UDC 11-3A-21. Comments received from West Ada School District state that student enrollment is under capacity for this area and area schools can accomoate students from this development. • "Locate higher density housing near corridors with existing or planned transit,Downtown, and in proximity to employment centers."(2.01.01H) The site is located at a major intersection along two major mobility arterials (Franklin and Ten Mile Roads) and in close proximity to employment centers. Transit services exist in the Ten Mile Crossing development to the east at the intersection of Vanguard/Wayfinder to serve this area—other transit stops may be added in the future. Transit services are available to serve this site via Route 40. • "Encourage and support mixed-use areas that provide the benefits of being able to live, shop, dine, play, and work in close proximity,thereby reducing vehicle trips,and enhancing overall livability and sustainability." (3.06.02B) The proposed multi family project will provide housing options in close proximity to employment uses in the area and commercial uses developing in this area will provide services to the residents that they shouldn't have to travel far for, thus reducing vehicle trips and enhancing overall livability and sustainability. Staff believes the proposed development plan is generally consistent with the vision of the Comprehensive Plan as discussed above. VI. STAFF ANALYSIS A. CONDITIONAL USE PERMIT FOR MULTI-FAMILY DEVELOPMENT Conditional use permit(CUP) for a multi-family development containing a total of 516 residential units [364 apartments (200 1-bedroom& 164 2-bedroom units), 126 flats(68 1-bedroom& 58 2-bedroom units)and 26 2-bedroom townhome units] on 19.34-acres of land in the R-40 and C-C zoning districts. Page 6 63 Note:A vertically integrated residential project is also proposed that contains 33 dwelling units; however, it's a principal permitted use in the C-C zoning district so it's not included in the CUP request. The proposed development plan is in substantial compliance with the conceptual development plan and building elevations included in the Development Agreement(Inst. #2021-0025) as required. The project is proposed to be phased as follows: Phase 1 will be the Flats F1,F2,F3,the Townhomes D1,D2, D3 and the Clubhouse. Phase 2a will be High Density Building HD-2 Phase 2b will be High Density Building HD-1 Phase 2c will be High Density Building HD-3 The Phase 2 buildings may be built at one time or individually depending on market demand and financing. Specific Use Standards(UDC 11-4-3-27): The proposed use is subject to the following standards: (Staffs analysis/comments in italic text) 11-4-3-27: MULTI-FAMILY DEVELOPMENT: Site Design: 1. Residential buildings shall provide a minimum setback of ten feet(10')unless a greater setback is otherwise required by this title and/or title 10 of this Code. Building setbacks shall take into account windows, entrances,porches and patios,and how they impact adjacent properties.All buildings comply with this standard. 2. All on-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 a public street. The site plan depicts screened trash enclosures not visible from a public street; all proposed transformer/utility vaults and other service areas shall comply with this requirement. 3. A minimum of eighty(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. In circumstances where strict adherence to such standard would create inconsistency with the purpose statements of this section,the Director may consider an alternative design proposal through the alternative compliance provisions as set forth in section 11-5B-5 of this title. The floor plans submitted with this application depict patios and balconies that meet and exceed this standard. 4. For the purposes of this section,vehicular circulation areas,parking areas,and private usable open space shall not be considered common open space. These areas were not included in the common open space calculations for the site. 5. No recreational vehicles, snowmobiles,boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate, designated and screened area. The Applicant shall comply with this requirement. 6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to All Districts", of this title. The proposed parking meets and exceeds UDC standards (see parking analysis below). 7. Developments with twenty(20)units or more shall provide the following: Page 7 64 a. A property management office.Located in clubhouse. b. A maintenance storage area.Located in clubhouse. c. A central mailbox location, including provisions for parcel mail,that provide safe pedestrian and/or vehicular access.Depict on site plan. d. A directory and map of the development at an entrance or convenient location for those entering the development. (Ord. 18-1773,4-24-2018)A residential directional sign is depicted inside the entrance at the southeast corner of the development and along the drive aisle on the northern side of the flats; a map of the development should also be provided. The site plan submitted with the Certificate of Zoning Compliance application should depict the location of these items in accord with this standard C. Common Open Space Design Requirements: 1. The total baseline land area of all qualified common open spaces shall equal or exceed ten(10) percent of the gross land area for multi-family developments of five (5)acres or more. The site is 19.34-acres, requiring 1.93-acres of baseline open space according to the standard. 2. All common open spaces shall meet the following standards: a. The development plan shall demonstrate that the open space has been integrated into the development as a priority and not for land use after all other development elements have been designed. Open space areas that have been given priority in the development design have: (1) Direct pedestrian access; (2) High visibility; (3) Comply with Crime Prevention through Environmental Design(CTED) standards; and (4) Support a range of leisure and play activities and uses. b. Open space shall be accessible and well-connected throughout the development. This quality can be shown with open spaces that are centrally located within the development,accessible by pathway and visually accessible along collector streets or as a terminal view from a street. c. The open space promotes the health and well-being of its residents. Open space shall support active and passive uses for recreation, social gathering, and relaxation to serve the development. Staff finds the proposed open space areas within the multi family development comply with these standards by providing open space that is well connected, highly visible, and promotes health and well-being by supporting a range of leisure and play activities with the proposed amenities and general design of the open space. See the submitted landscape plan and rendering for a visual of compliance with this standard. 3. Alternative compliance is available for the standards listed in subsections(C)1 and(C)2 above, if a project has a unique targeted demographic; utilizes other place-making design elements in Old-Town or mixed-use future land use designations with collectively integrated and shared open space areas. 4. All multi-family projects over twenty(20)units shall provide at least one(1) common grassy area integrated into the site design allowing for general activities by all ages. This area may be included in the minimum required open space total.Projects that provide safe access to adjacent Page 8 65 public parks or parks under a common HOA,without crossing an arterial roadway, are exempt from this standard. a. Minimum size of the common grassy area shall be at least five thousand(5,000) square feet in area. This area shall increase proportionately as the number of units increase and shall be commensurate to the size of the multi-family development as determined by the decision- making body. Where this area cannot be increased due to site constraints,it may be included elsewhere in the development. b. Alternative compliance is available for these standards if a project has a unique targeted demographic;utilizes other place-making design elements in Old-Town or mixed-use future land-use designations with collectively integrated and shared open space areas. The submitted plans depict several open grassy areas in accord with the standard commensurate with the size of the development. 5. hi addition to the baseline open space requirement, a minimum area of outdoor common open space shall be provided as follows: a. One hundred fifty(150) square feet for each unit containing five hundred(500) or less square feet of living area.NA b. Two hundred fifty(250) square feet for each unit containing more than five hundred(500) square feet and up to one thousand two hundred(1,200) square feet of living area. The apartments and flats are all(490 units total) are all between 500 and 1,200 square feet; therefore, a minimum of 122,500 square feet(or 2.81-acres) of outdoor common open space should be provided. c. Three hundred fifty(350) square feet for each unit containing more than one thousand two hundred(1,200) square feet of living area. The townhome style units (26 units)all exceed 1,200 sf of living area; therefore, a minimum of 9,100 sf. (or 0.21-acre) of common open space should be provided In total, a minimum of 131,600 sf. (or 3.02-acres) of outdoor common open space should be provided. 6. Common open space shall be not less than four hundred(400) square feet in area, and shall have a minimum length and width dimension of twenty feet(20'). The common open space areas depicted on the open space exhibit in Section VIII.B meet this requirement. In phased developments, common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units. The Applicant shall comply with this requirement. 7. In phased developments, common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units.Not applicable 8. Unless otherwise approved through the conditional use process,common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a berm or constructed barrier at least four feet(4') in height,with breaks in the berm or barrier to allow for pedestrian access. (Ord. 09-1394, 3-3-2009, ef£retroactive to 2-4-2009)Some of the common open space areas are adjacent to the collector street buffer along Cobalt Dr. Staff recommends the Applicant provide a berm or constructed barrier as required. Page 9 66 9. Buffer(s): One hundred(100)percent of the landscape buffer along collector streets and fifty (50)percent of the landscape buffer along arterial streets that meet the enhanced buffer requirements below may count towards the required baseline open space. a. Enhanced landscaping asset forth in Article 11-3B,Landscaping Requirements; b. Multi-use pathways; c. Enhanced amenities with social interaction characteristics; d. Enhanced context with the surroundings. The common open space exhibit depicts the street buffer along W. Cobalt Dr., a collector street, as part of the required open space. Therefore,the buffer shall comply with the enhanced buffer requrirements as noted. A minimum of 4.95-acres of qualified common open space is required to be provided overall within the development. A total of 5.45-acres is proposed to be provided, which exceeds the minimum standards by 0.5-acre. D. Site Development Amenities: 1. All multi-family developments shall provide for quality of life, open space and recreation amenities to meet the particular needs of the residents as follows: a. Quality of life: (1) Clubhouse. (2) Fitness facilities. (3) Enclosed bike storage. (4) Public art such as a statue. (5) Dog park with a waste station. (6) Commercial outdoor kitchen. (7) Fitness course. (8) Enclosed storage b. Open space: (1) Community garden. (2) Ponds or water features. (3) Plaza. (4) Picnic area including tables,benches,landscaping, and a structure for shade. c. Recreation: (1) Pool. (2) Walking trails. (3) Children's play structures. (4) Sports courts. d. Multi-modal amenity standards. (1) Bicycle repair station. (2) Park and ride lot. (3) Sheltered transit stop. (4) Charging stations for electric vehicles. 2. The number of amenities shall depend on the size of multi-family development as follows: Page 10 67 a. For multi-family developments with less than twenty(20)units,two(2)amenities shall be provided from two (2) separate categories. b. For multi-family development between twenty(20) and seventy-five (75)units,three(3) amenities shall be provided,with one from each category. c. For multi-family development with seventy-five(75)units or more, four(4)amenities shall be provided,with at least one from each category. d. For multi-family developments with more than one hundred(100)units,the decision- making body shall require additional amenities commensurate to the size of the proposed development. 3. The decision-making body shall be authorized to consider other improvements in addition to those provided under this subsection(D),provided that these improvements provide a similar level of amenity. A total of 516 units are proposed. The following amenities are proposed from each category: Quality of Life: clubhouse with fitness facilities, dog washing facilities, internet cafe, co-working center, game room and a dog park(a waste station is required) Open Space: (2)plazas, afire pit, (6)BBQ's Recreation:swimmingpool, walking trails, (2)sports courts (i.e. bocce ball,pickle ball), children's play structure Multi-modal: (4) bicycle repair stations, which include stand, repair tools and tire pump. Staff is of the opinion the proposed amenities are appropriate for the development proposed and doesn't recommend any additional amenities are provided. E. Landscaping Requirements: 1. Development shall meet the minimum landscaping requirements in accord with chapter 3, "Regulations Applying to All Districts", of this title. 2. All street facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: a. The landscaped area shall be at least three feet(Y)wide. b. For every three(3)linear feet of foundation,an evergreen shrub having a minimum mature height of twenty-four inches (24") shall be planted. c. Ground cover plants shall be planted in the remainder of the landscaped area. The landscape plan submitted with the Certificate of Zoning Compliance application should depict landscaping along the street facing elevations in accord with these standards.A calculations table should be included on the landscape plan that demonstrates compliance with this standard. There are several plants/shrubs/trees that are called out on the plan that aren't included in the plant legend(i.e. SK,POL,PO,BH, etc.);revise accordingly. F. Maintenance and Ownership Responsibilities: All multi-family 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. The Applicant shall comply with this requirement. G. Police access under exigent circumstances. Multifamily developments with units that take access via secured common corridors shall install and maintain a keyless entry system,or suitable Page 11 68 alternative,to provide police access to the common corridors under exigent circumstances. The keyless entry system or alternative shall be subject to review and approval by the Meridian Police Department. Access(UDC 11-3A-3): Access to the site is proposed via W. Franklin Rd., S. Ten Mile Rd. and W. Cobalt Dr. as depicted on the site plan. Internal drives are proposed for access to the residential units. For emergency wayfinding purposes,Staff recommends private streets are provided for addressing for some or all of the residential units as determined by the Fire Dept. and addressing technician.The applicant should coordinate with the Fire Dept. and addressing technician in regard to which drives should be named private streets.A private street application should be submitted with the Certificate of Zoning Compliance application.All private streets should comply with the standards listed in UDC 11-3F-4. Dimensional Standards (UDC 11-2): The proposed development is required to comply with the dimensional standards listed in UDC Table 11-2A-8 for the R-40 zoning district and Table 11-2B-3 for the C-C zoning district. Per UDC 11-4-3-27B.1,residential buildings are required to provide a minimum setback of 10' unless a greater setback is otherwise required. Buildings may not encroach within required street buffers and residential structures must have minimum 20-foot separation between structures per Building Code. Landscaping(UDC 11-3B): Street buffer landscaping along W. Cobalt Dr. was installed with the Outer Banks subdivision improvements. Parking lot landscaping is required in accord with the standards listed in UDC 11-3B-8C. No linear grouping of parking spaces is allowed to exceed 12 in a row without an internal planter island; the planter island is required to run the length of the parking space and may be reduced by 2' to allow for improved vehicle maneuvering.Landscape planters are required to contain a minimum of 50 square feet and the planting area can't be less than 5' in any dimension,measured inside curbs. There are some rows of parking that are missing these planters and others that have only 5'6"x 5'6"planters,which don't meet the standard; the plans should be revised accordingly to comply or an application for alternative compliance to this standard may be submitted(see UDC 11-513-5 for more information). Landscaping is required to be provided along pathways per the standards listed in UDC 11-3B-12C. A mix of trees,shrubs,lawn and/or other vegetative ground cover with a minimum of one(1)tree per 100 linear feet of pathway is required all pathways.A calculations table should be included on the landscape plan that demonstrates compliance with this standard. Waterways(UDC 11-3A-6): The Kennedy Lateral bisects this site within a 55-foot wide easement(20' left and 36' right while looking downstream) and is proposed to be piped throughout the development in accord with UDC 11-3A-6. A 12-foot wide NMID gravel maintenance road is depicted on the landscape plan along the lateral. An NMID pumphouse is depicted along the west boundary of the site adjacent to the lateral. Pathways(UDC 11-3A-8): There are no multi-use pathways depicted on the Pathways Master Plan for this site. However, a 6' wide pathway is proposed through the common area that separates the high-density apartments from the mixed-use area within the Kennedy Lateral easement,which provides a pedestrian connection from Cobalt to Franklin Rd. Walkways are proposed throughout the site for pedestrian access and interconnectivity in accord with TMISAP. Parking: Off-street vehicle parking is required for the proposed multi-family dwellings as set forth in UDC Table 11-3C-6.Based on(268) 1-bedroom units and(248)2-bedroom units,a minimum of 950 Page 12 69 off-street spaces are required with 516 of those being in a covered carport or garage. The clubhouse is exempt from the parking standards required for non-residential uses. A total of 1,022 spaces are proposed, including 520 covered(garages and carports),445 standard, 19 accessible, 30 compact and eight(8) sub-standard spaces depicted as compact spaces. The minimum dimension of compact spaces is 9'wide x 17' long per UDC Table 11-3C-5; the eight(8)proposed compact spaces are 9' x 15',which does not meet the minimum standard—the site plan should be revised accordingly. Compact spaces are discouraged but may be used for any parking above the number of required spaces per UDC 11-3C-5A.6. The(30)compact spaces proposed in the row of parking on the east side of the garages depicted adjacent to the western boundary of the site south of the Kennedy Lateral are allowed since the total number of standard parking spaces(i.e. 984) exceeds the minimum standard. These spaces should be noted as compact spaces on the site plan and should have wheel stops to prevent vehicle overhang in the adjacent landscape area; the parking calculations table should also be updated.Parking stall dimensions should also be depicted on the site plan demonstrating compliance with the standards listed in UDC Table 11-3C- 5.Where 17' long parking spaces abut sidewalks and wheel stops aren't provided,the sidewalk must be widened to 7' to accommodate 2' of vehicle overhang per UDC 11-3C-5B.4 (i.e.in front of HD-3). Bicycle parking is required per the standards listed in UDC 11-3C-6G and should comply with the standards listed in UDC 11-3C-5C. One(1)bicycle parking space is required for every 25 proposed vehicle parking spaces or portion thereof. Based on 1,022 spaces, a minimum of 41 spaces are required. The site plan states a total of 52 spaces are proposed,which exceeds the minimum standard by 11 spaces. Bike racks should be provided in central locations for each building and comply with the standards listed in UDC 11-3C-5C; include call-outs for such on the site plan. Fencing(UDC 11-3A- : Six(6) foot tall fencing is depicted on the site plan around the pool area. Fenced outdoor areas are proposed for the townhome units. All fencing shall comply with the standards listed in UDC I I-3A-7 and building code requirements. A detail of each fencing type should be submitted with the Certificate of Zoning Compliance application. Public Art: Public art is required with development in the Ten Mile Area. Two (2)pieces of public art are proposed to be provided with this development—one(1)with the flats,townhomes &clubhouse and one(1)with the apartments, as shown on the Public Art Phasing Plan in Section VII.D. Several options for the public art are included in Section VII.D; final selection will depend on availability at the time of purchase. Outdoor Service& Equipment Areas: 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 as set forth in UDC 11-3A-12B. Safe access and adequate lighting should be provided in these areas.A detail of the trash enclosure should be submitted with the Certificate of Zoning Compliance application that demonstrates compliance with this standard. Building Elevations(UDC 11-3A-19;Architectural Standards Manual; TMISAP) Conceptual building elevations were submitted for the proposed structures in this development as shown in Section VII.C. All of the structures appear to be of a high quality of design and consist of a complementary mix of materials, including wood-look aluminum composite panel siding,Hardie siding, metal siding, stucco,tile, stone veneer and glazing, in a variety of colors. Final design is required to comply with the design standards in the Architectural Standards Manual and the design guidelines in the TMISAP as noted in the Development Agreement(Inst.#2021-132704)(see the Application of the Design Elements table on pg.3-49 of the TMISAP).Note:Prefabricated steel Page 13 70 panels are prohibited as a finish material for building facades, except as an accent or secondary field material. An administrative Design Review application is required to be submitted for approval of the design of the multi-family structures and clubhouse prior to submittal of building permit application for those structures.An application for Certificate of Zoning Compliance is also required to be submitted along with the Design Review application to ensure compliance with the conditions contained herein. The proposed apartments will have secure entrances and be accessed by an internal hallway. Multifamily developments with units that take access via secured common corridors are required to install and maintain a keyless entry system,or suitable alternative,to provide police access to the common corridors under exigent circumstances per UDC 11-4-3-27G. The keyless entry system or alternative shall be subject to review and approval by the Meridian Police Department. VII. DECISION A. Staff: Staff recommends approval of the proposed CUP per the provisions included in Section IX in accord with the Findings in Section X. B. The Meridian Planning&Zoning Commission heard this item on September 19,2024. At the public hearing.the Commission moved to approve the subject CUP request. 1. Summary of the Commission public hearing: a. In favor: Hethe Clark, Clark Wardle b. In opposition:None C. Commenting: None d. Written testimony: Kathy Gallentine e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. Not in favor of more apartments in this area due to the strain on existing infrastructure. particularly on Ten Mile Rd., and on local parks and schools. Request for a reduction in the number of units proposed. 3. Key issue(s)of discussion by Commission. a. None 4. Commission change(s)to Staff recommendation: a. None Page 14 71 iillri �� I�IEI 119911 l Pi 111 ®� IT{:NI . Isa 18®I I m, SEE i ®I 7 Will, �a Q 1- 1- 1 _S. I` W i■ .n n�'9w�i-�� ya�_ — ��e 4re r er I r _•r i 1 I c�Z' RIT O tar..��"'`-'l re �.e:•i r::a a!'L"�s{. S� - .0 fill !-111114PINIIIII Nil ' B. Landscape Plan&Open Space Exhibit(dated: 9/17/24) Elmg e,'.ya•gaaa --_ �ar� ,.g ,Z49Eul-jMou j Ipue oOlJpIVtb 0 & r 'ya,•' aoedg•,uedp 89001 L9ly LS aaquanb laoaed a h�p uald adeospue- tiZOZ ' s) uegaa;np 3 4 �iX • 1�$g a ��4 g P d has 'as Q z41N f2a •� I554 210 RM 8 .. r Aqqq- ' 0 0 U 0 IlEiltl I IL13 9 F ! E e 1 e l a _ t � t t t t d a n txxxax ete ao-e, F 5� t e II L 3 i { 1 i � I ! I l i IfE3aF EII 11i� e1 -•w s m a o0 • o w m YJ Page 16 73 C. Conceptual Building 1 for &Clubhouse(dated: • i i i See public record for full plan set and renderings. io a � ■ 1 !■ �'� �� IIIIIII� - © m II ill I ■"' '�' I ■� I ■'' 0 m _ - ■ OUTERBANKS-2024 OR ELEVATIONS ��� ■ ■w w ■ www■ ■ ■ Li i ■ !■ ! ! � � IIIIIIIs i'� III ■ 1� I TI I"I $ MEI"ONE I !I� CI! , !I� ❑! 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'-1 zj �i cl in", ill.: m - OUTERBANKS-202dCLUBHOUSE EXTERIOR ELEVATIONS A Page 21 D. Public Art Phasing Plan&Art Options ----------------- FRANI Public Art Future Phase To.C glee wM Construc[nn or _ OSR 1-Pe .Eyrzss ^vh • r�— III I Public Art AA Phase 11 I • 1l robe�q��d,�w ��.racwa,omsm Public Art ,4 Phase 1 Completed o v h T - `Cw Public Art Future Phase robe rl High ��ty A,A�mmen<, L'Lr11� salE,•_,�-� rvrxm OUTER BANKS SUBDIVISIONMASTER SITE PLAN-PUBLIC ART PHASING ■ A MIXED USE COMMUN"-MERMAN,IDAHO 20U13 0&2'/.29 unamE wlrrroAr.� eurrtxo rtxeucr� , mx rmo evr_oa<•r Page 22 79 r *� Le champ des possibles, .;c je.r-t+2 A — Emcrn�artists 4, y Sr:ulatmm CarTmnat-ei . '' t a 925u 354 K 35.4 no XY 11 SeeLve deHr ery-U nRed 5h9tes +$2,733 + shi ppi no:Osr i.o two—eks tic•. - Fh—a qucsklon?A�k■LP—L.lrel. } Fsr rrLurns within 14 days ./ &uftinticitqpnr-3mtred i.r.vr :• 5ecurrPDwent PW*W * v VISA M OPTION 1 Trals marceaux en forme de poire, * by Mp 1 M x finergng 9fliatr F '* St,uL-e C;arP^steB ��- $13,666 ,3 Secure deiF:ery:Uniked Uites +§2.M •$hippr..q:0—t.ku+ew—A. - - Fta.�a-0uestWnT,S�Y.�ap�dallat ) ✓ Frye Mum wRW H dao V P.awrtpu"owmtxed Le"^--- ^ V 3ecw-e Pcrmen7 ArSPw WSA �• V Verined;W iers 4.&IT it OPTION 2 Page 23 80 Formes h p6ns6ear 2023 ' by PC Emer ying artitts +]a KrrrRtura:COrter.One: 107.1x54+M39.9ndh $13,666 J 5eau►e de1tmy:LMHed SUM 5.260 • Shipping-One to two rradcs Hav a 9m 01DO Ask a sg clmild 7 J ,/ prCC rc:•�- x-7ir.14 IJWh A&Fk nkiciky guarmnkeed Lear.mare ./ Secure parffwt PbrPtri yR j bAi M- ./ Ye4etlPewewa 4.800 OPTION Succession de maintenant, z t 4 by mpr m -- Emerghig arlits + St ulinture-Come stets 52.7 K 25.6 x 25.6 Inah r ' $12,026 8 A lot al people are vi_araa.ad in thls warn xa �n 13 Sec ure dellmmy-Urakrd Skates r$3.280 • Shipping One ko lea reeks Mma4uetUonFArkaiWrallal > 1 / Free lakur his within 14 tlaq's 4 Authenticil:8uaraknWed Learn mare AA — - •/ Yenned Re4ie'n q*r10 1} OPTION 4 Page 24 81 r Laps du sensible, n; ky rt - r � r��r�rnr,clis is ��ti- { 54 ulyLu-s C;:r Lun S[a81 W5xtA TP m4imeh ? :f Sa6ure deftrF:Ungcd 5wes Is mva + 5--_ping.4nr to twa wreks -f-% ..Y FFare a quesillom!AJ■iped�lhrk} V FreereturnswMlr.14Qarys ✓ Aukhembctlrguararbt d Lcerr rrorr �er Sef ure poymrnr F4]Pcmf IM -WSA M aw Poaaia.s 4.6m **# 7r OPTION 5 Le point de vue est dens le corps, 2020 tlk mvc FmQAin&imtists Sc dlat:lre-ELLam4m ateel $15,30 C A Iat a!prop:=re 7te..s-^d In this work GS secure�waymy:LFipwi statBS + 5,ozb • 5hiporkg Orc to typo werks tl4kve0 QWJLt10+1?AM rsPeCP81 n } Free mbims wftin 14 days �Authentialt4 duaronhcrd Learn ro=; Serum mTrVA Pd"Ud M -WSA 0 * Verirreo R"kve 9.6110 r tk t4 OPTION B Page 25 82 Ornbre du lens, ae ; :mmong arki%Ls j�'i tair .. ,. .t Iec,.re 4jY1iverf:Lk'Mcd Ratm t &416 r Mapping:Or*to t#o week& Have a Q ueitloei Alk a ipecfalld > Frec rcWm5 wrMln 14 d4kb ./ 5ecureveymens POWFW W lIQ5l1 40 ` i .1 LlarP6etl Re•.fi*rs 4.6I10 WIN OPTION 7 .._�� do e,Sculprifret crrlplure * h k C S} _ * CujPmm.,M[kd 1 OIl Stcel Sine_68 W m fO H x 24 D in ? 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CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. Future development shall comply with the provisions in the existing Development Agreement(Inst. #2021-132704,H-2021-0025) and the conditions in this report. 2. The multi-family development shall have an ongoing obligation to comply with the specific use standards listed in UDC 11-4-3-27. 3. The multi-family development shall record a legally binding document that states the maintenance and ownership responsibilities for the management of the development,including,but not limited to, structures,parking, common areas, and other development features as set forth in UDC 11-4-3-27F. A recorded copy of said document shall be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy for the development. 4. The proposed development shall comply with the dimensional standards listed in UDC Table 11-2A- 8 for the R-40 zoning district and Table 11-2B-3 for the C-C zoning district; and UDC 11-4-3-27B.1, which requires a minimum residential building setback of 10-feet unless a greater setback is otherwise required in the district. 5. Comply with building code requirements for separation between structures within the development. 6. The site and/or landscape plan submitted with the Certificate of Zoning Compliance shall be revised as follows: a. Landscaping is required along all pathways per the standards listed in UDC 11-3B-12C; depict a mix of trees(minimum 1 per 100 linear feet of pathway), shrubs, lawn, and/or other vegetative groundcover. Include a calculations table that demonstrates compliance with the standard. b. Depict the location of the central mailbox(including provisions for parcel mail,that provide safe pedestrian and/or vehicular access), and a map of the development with the proposed directional signage at the entrances to the multi-family development in accord with UDC 11-4-3-27B.7. c. All transformer and utility vaults and other service areas shall be located in an area not visible from a public street, or shall be fully screened from view from a public street in accord with UDC 11-4-3-27B.2. d. Compact spaces shall be 9' wide x 17' long per UDC Table 11-3C-5;the eight(8)proposed compact spaces that are 9' x 15' should be revised to comply with the minimum standard. The 30 spaces that are 9' wide x 17' long located in the row of parking on the east side of the garages depicted adjacent to the western boundary of the site south of the Kennedy Lateral should be depicted as compact spaces and shall have wheel stops to prevent vehicle overhang in the adjacent landscape area. The parking calculations table shall be updated to reflect this change. e. Parking stall dimensions shall be depicted on the site plan demonstrating compliance with the dimensional standards listed in UDC Table 11-3C-5. f. Where 17' long parking spaces abut sidewalks and wheel stops aren't provided,the sidewalk shall be widened to 7' to accommodate 2' of vehicle overhang per UDC 11-3C-5B.4 (i.e. in front of HD-3). g. Bicycle racks shall be depicted in central locations for each building and comply with the standards listed in UDC 11-3C-5C; include call-outs for such on the site plan. h. Depict a waste station in the dog park as required in UDC 11-4-3-27D.1a. Page 29 86 i. Depict landscaping along the foundations of all street facing elevations in accord with the standards listed in UDC 11-4-3-27E.2. A calculations table should be included on the landscape plan that demonstrates compliance with this standard. j. There are several plants/shrubs/trees that are called out on the plan that aren't included in the plant legend(i.e. SK,POL,PO,BH, etc.);revise accordingly. k. Include a detail of the fire pits,barbeques and children's play structure. 1. Depict planter islands in rows of parking in accord with the standards listed in UDC 11-3B- 8C.2.; or submit an application for alternative compliance to this standard(see UDC 11-5B-5 for more information). m. A detail shall be included of each type of fencing proposed within the development.All fencing shall comply with the standards listed in UDC 11-3A-7 and building code requirements. n. Include a detail of the trash enclosure that demonstrates compliance with UDC 11-3A-12 and 11-4-3-27B.2. o. The street buffer along W. Cobalt Dr. shall comply with the enhanced buffer requirements listed in UDC 11-4-3-27C.9 and 11-3B-7C.3£ p. Depict a berm or constructed barrier at least 4-feet in height,with breaks in the berm or barrier to allow for pedestrian access where common open space areas are proposed adjacent to W. Cobalt Dr., a collector street, in accord with UDC 11-4-3-27C.8. 7. Two(2)pieces of public art shall be provided with this development—one(1)with the flats, townhomes&clubhouse; and one(1)with the apartments, as shown on the Public Art Phasing Plan &Art Options in Section VII.D. 8. In phased developments,common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units as set forth in UDC 11-4- 3-27C.3. 9. In accord with UDC 11-4-3-27G, multi-family developments with units that take access via secured common corridors shall install and maintain a keyless entry system, or suitable alternative,to provide police access to the common corridors under exigent circumstances. The keyless entry system or alternative shall be subject to review and approval by the Meridian Police Department. 10. A private street application shall be submitted with the Certificate of Zoning Compliance application for the multi-family development. All private streets shall comply with the standards listed in UDC 11-3F-4. The Applicant shall coordinate with the Fire Dept. and addressing technician in regard to which drives should be named private streets. 11. A Certificate of Zoning Compliance and Design Review application(s) shall be submitted for the multi-family development and approved prior to submittal of application(s) for building permits. The plans submitted shall substantially comply with those approved with this application and with any required modifications noted herein. The design of structures shall comply with the design elements of the Ten Mile Interchange Specific Area Plan(TMISAP) (see the Application of Design Elements matrix on pg. 3-49 of the Plan) and the design standards in the Architectural Standards Manual. One application may be submitted for the entire multi family development. Please see the public record for this project for additional agency comments. Page 30 87 X. FINDINGS A. Conditional Use Permit(UDC 11-5B-6E) The Commission shall base its determination on the Conditional Use Permit requests upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Commission finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the R-40 and C-C zoning districts (see Analysis, Section V for more information). 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Commission finds that the proposed multi family development use is consistent with the future land use map designations of HDR, MU-COM and MU-RES and is allowed as a conditional use in UDC Table 11-2B-2 in the R-40 and C-C zoning districts. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Commission finds the proposed design of the development, construction, operation and maintenance should be compatible with the mix of other uses planned for this area and with the intended character of the area and that such uses will not adversely change the character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Commission finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. 5. That the proposed use will be served adequately by essential public facilities and services such as highways,streets,schools,parks,police and fire protection,drainage structures,refuse disposal,water, and sewer. The Commission finds that essential public services are available to this property and that the use should be adequately served by these facilities. Comments received from the West Ada School District reflect that student enrollment at area schools are under capacity and can accommodate this development. Page 31 ss