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HomeMy WebLinkAboutStrate Apartments CUP-07-011 RECEIVED .JUN 12 2007 ~ CITY OF MERIDIAN gt8fe~~rldi~~ '\ FINDINGS OF FACT, CONCLUSIONS OF I, .IIJ.\HO t LAW AND ~! DECISION & ORDER ~~ ..r...~....;S..l' = In the Matter of the Request for Conditional Use Permit Approval to construct 12 multi- family residential dwelling units on 1 acre in an R-15 District, by Gene Strate Case No(s). CUP-07-011 For the Planning & Zoning Commission Hearing Date of: June 7, 2007 (Findings on the June 21, 2007 agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 7, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 7, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 7, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 7, 2007, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.c. 967-6503). 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 August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code 9 II-5A. 4. Due consideration has been given to the comrnent(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-07-011 STRATE APARTMENTS 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Chair 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 Site Plan, Landscape Plan, Elevations, and Conditions of Approval, all in the attached Staff Report for the hearing date of June 7,2007, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City Code S II-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's CUP Site Plan as evidenced by having submitted the Site Plan dated May 29,2007 is hereby conditionally approved; 2. The applicant's CUP Landscape Plan as evidenced by having submitted the Landscape Plan dated May 29,2007 is hereby conditionally approved; 3. The applicant's CUP Elevations as evidenced by having submitted the Elevations are hereby conditionally approved; and, 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of June 7, 2007, incorporated by reference. D. Notice of Applicable Time Limits Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. Ifthe successive phases are not submitted within the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-07-011 STRATE APARTMENTS one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.l, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of June 7, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-07-011 STRATE APARTMENTS G. By ~t~on of the Planning and Zoning Commission at its regular meeting held on the dd 5l: day of q [.fA..{ ,2007. COMMISSIONER MICHAEL ROHM VOTED I J# fl . (Chair) ~- COMMISSIONER DAVID MOE VOTED ~ COMMISSIONER WENDY NEWTON-HUCKABAY VOTED ~ COMMISSIONER TOM O'BRIEN VOTED -*-CL COMMISSIONER STEVE SIDDOW A Y VOTED ~ CH Attest: Attorney. 8 nOJtvYl&vv-~ Dated: O'l-1JC)-{)'7 By: City Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-07-011 STRATE APARTMENTS STAFF REPORT CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 7, 2007 7 ~ridi~'\ ~ 'MHO ) " .. .:t..,._~'y."'''''' -;(' Hearing Date: June 7ili, 2007 Continued from May 17ili, 2007 TO: FROM: Planning & Zoning Commission C. Caleb Hood, Current Planning Manager 208-884-5533 SUBJECT: Strate Apartments CUP-07-011- Conditional Use Permit to construct 12 multi-family residential dwelling units on 1 acre in an R-15 District PS-07-004 - Private Street approval within the proposed multi-family development 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Gene Strate, has applied for Conditional Use Permit (CUP) approval and Private Street (PS) approval to construct 12 multi-family dwelling units and a private street on one acre in the existing R -15 zoning district. The site is located on the south side of Pine Street, approximately 1,600 feet west of Locust Grove Road. This site is a portion of Lot 6, Onwiler Subdivision which was recorded in 1934. Currently, there is a single-family home on this site. The subject property is within the Urban Service Planning Area and within the corporate boundaries of the City of Meridian (zoned R-15). 2. SUMMARY RECOMMENDATION Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Conditional Use Permit application. The Planning & Zoning Commission is the final decision making body on a Conditional Use Permit request and Planning Staff is the decision making body on a Private Street request (UDC ll-5A-2D). Staff is recommending approval of tbe proposed Strate Apartments (CUP-07-011 and PS-07-004) witb the conditions listed in Exhibit B ofthe Staff Report. The Meridian Plannin2 & Zonin2 Commission heard this item on May 17 and June 7. 2007. At the June 7th. 2007 public bearin2. the Commission moved to approve CUP-07-011 (and PS-07-004). !: Summary of Commission Public Hearin2: i. In favor: Brian Hauff (Aoolicant's Architect) ii. In opoosition: None iii. Commenting: Paul McKague (concerned about height of the buildings) iv. Written testimony: Paul and Shirley McKague v. Stafforesenting aoolication: Caleb Hood vi. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. Fencim!: ii. Private street stub to the west: iii. Height of the structures. ~ Key Council Chan2es to Commission Recommendation: i. Required 4-foot tall vinyl fencing on the west side ofthe property (exclusive of the private stub street location). 3. PROPOSED MOTION (to be considered after the public bearing) Approval After considering all staff, applicant and public testimony, I move to approve File Number CUP-07-011 (PS-07-004 optional) as presented in staff report for the hearing date of June 7, 2007 with the following modifications: (Add any proposed modifications.) Strate Apartments CUP-07-011 PAGEl CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 7, 2007 Denial After considering all staff, applicant and public testimony, I move to deny File Number CUP-07-0ll (PS- 07-004 optional) as presented during the hearing on June 7, 2007 for the following reasons: (You must state specific reasons for denial and what the applicant could do to gain your approval in the future.) Continuance I move to continue File Number CUP-07-011 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 911 E. Pine Street; South side of Pine Street, west of Locust Grove Road, in Section 7, Township 3 North, Range 1 East. b. Owner/Applicant: Gene Strate 825 E. Pine Street Meridian, ill 83642 c. Representative: Brian Hauff, Hauff & Associates Architects, LLC d. Present Zoning: R-15 (Medium High-Density Residential) e. Present Comprehensive Plan Designation: Mixed Use - Community f. Description of Applicant's Request: The applicant has applied for Conditional Use Permit approval to construct 12 multi-family dwelling units on 1 acre in the R-15 (Medium High- Density Residential) zoning district. There are four building types proposed (A, B, G and H). All are two unit buildings. Eight of the units are proposed with one bedroom (between 915 and 1016 square feet each) and four are proposed with three bedrooms (1,450 square feet each). Three ofthe building types (A, B and G) are two-story and one of the one-bedroom buildings (H) is one-story tall. The gross density of this development is 12 dwelling units per acre. Approximately 10.7% of the site is being set aside for open space (0.11 acres). 1. Date of site plan (attached in Exhibit A): 5/29/07 2. Date oflandscape plan (attached in Exhibit A): 5/29/07 NOTE: Revised plans have been submitted since the original application was filed. The staff report is based on the revised plans (site plan, landscape plan and elevations.) 5. PROCESS FACTS a. The subject application will in fact constitute a conditional use as determined by City Ordinance. By reason of the provisions ofthe Unified Development Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a private street as determined by City Ordinance. c. Newspaper notifications published on: April 30 and May 14,2007 d. Radius notices mailed to properties within 300 feet on: April 20, 2007 e. Applicant posted notice on site by: May 28, 2007 6. LAND USE a. Existing Land Use(s): There is an existing dwelling and associated outbuildings on this site. Strate Apartments CUP-07-0I1 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 7, 2007 b. Description of Character of Surrounding Area: Across Pine Avenue is a large vacant piece of property zoned L.a. To the east and west are single-family homes in the County. To the south is a vacant piece of ground and further to the south and west is an industrial business. c. Adjacent Land Use and Zoning 1. North: 2. West: 3. South: 4. East: Vacant, zoned L-O Single-family dwellings, zoned Rl (Ada County) Vacant, zoned Rl (Ada County) Single-family dwellings, zoned Rl (Ada County) d. History of Previous Actions: Annexed in1999 with R.15 zoning; Development Agreement #99067737. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Sewer is located in the property to the west. Location of water: There is a ten inch water main in E.Pine Street. Issues or concerns: Flood plain associated with Fivemile Creek. 2. Floodplain: Portions of this property are within the Fivemile Creek floodplain. 3. Canals/Ditches Irrigation: There is a ditch on the west side ofthis site. All open ditches that cross the subject site should be tiled in accordance with the UDC and the Development Agreement in effect for this site. 4. Hazards: see Floodplain above. 5. Proposed and Existing Zoning: This property is currently zoned R-15; no change in zoning is proposed. 6. Size of Property: I acre f. Landscaping: 1. Width of street buffer(s): A 25-foot wide street buffer is required along Pine Street, an arterial street (UDC 11-2A-7). The original site and landscape plans did not depict the required street buffer along Pine Street. The revised plans depict the required buffer along Pine Street. Please see Section 10 of the Staff Report below for further analysis. 2. Width ofbuffer(s) between land uses: N/A 3. Percentage of site as open space: The applicant states that 10.7% (0.1 acres) of the site is being set aside for open space. Please see Section 10 of the Staff Report for more details on private and common open space. g. Amenities: For multi-family developments with less than 20 units, two amenities shall be provided, with 1 from two separate categories (Quality of Life, Open Space, and Recreation)(UDC 11-4-3.27D-2a). Please see Section 10 of the Staff Report for more details on required amenities. h. Off-Street Parking: UDC 11-3C-6A requires multi-family dwellings with 2 or more bedrooms to have a two-car covered carport or garage for each unit, and dwellings with I Strate Apartments CUP-07-011 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 7, 2007 bedroom to have 2 car parks, with at least 1 being in a covered carport or garage. The submitted site plan proposes 1 ~car garages for the one bedroom units and 2~car garages for the 3 bedroom units. Staffis supportive of the proposed parking. Please see Section 10 of the Staff Report below for more analysis regarding parking. 1. Conditional Use Information: 1. Non~residential square footage: NA 2. Proposed building height: 24 feet; R-15 zone allows 40 feet 3. Percentage of site devoted to building coverage: approximately 30% 4. Percentage of site devoted to landscaping: approximately 25% 5. Percentage of site devoted to paving: approximately 45% 6. Percentage of site devoted to other uses: 0% 7. Number of Residential units: 12 J. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The applicant is proposing to construct a private street into this development from Pine Street. This private street access is proposed with a fire department turnaround and cross access to the property to the west. ACHD has reviewed and approved the proposed private street location. Please see Exhibit B for ACHD's comments and conditions regarding this development. 7. AGENCY COMMENTS MEETING On Apri127, 2007, staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police, Meridian Public Works Department, Meridian Parks Department and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated 'Mixed Use ~ Community' on the Meridian Comprehensive Plan Future Land Use Map. Mixed Use ~ Community (MU~C) areas are anticipated to provide for a combination of compatible land uses that are typically developed under a master or conceptual plan. The purpose of this designation is to identify key areas which are either infill in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities are encouraged. The intent of this designation is to offer the developer a greater degree of design and use flexibility (Chapter VII, Pg. 102, Meridian Comprehensive Plan). Further, the Comprehensive Plan anticipates between 3 and 15 dwelling units per acre in the MU~ C areas. The applicant is proposing 12 dwellings on the subject acre. Staff believes that the location of this proposed medium~high density development is supported by the Comprehensive Plan. Staff finds that there are several Comprehensive Plan policies that support the proposed project. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): · Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) Strate Apartments CUP.07-011 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 7, 2007 When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands in the following manner: · The subject lands currently lie within the jurisdiction of the Meridian City Fire Department. This service will not change. · The subject lands currently lie within the jurisdiction of the Meridian Police Department (MPD). This service will not change. · The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. · The subject lands are currently serviced by the Meridian School District #2. This service will not change. · The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject rezone. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. · Chapter VII, Goal IV, Objective D, Action 2: Restrict curb cuts and access points on collectors and arterial streets. Pine Street is classified as an arterial roadway in this area. The proposed access point to Pine Street should comply with ACHD 's standards and be limited to one location. · Chapter VII, Goal IV, Objective C, Action 1: Protect existing residential properties from incompatible land use development on adjacent parcels. This site is surrounded by single-family homes on large, County parcels. Staff believes that the proposed development should be compatible with the existing land uses. NOTE: Mr. & Mrs. Paul W McKague, 933 E. Pine, submitted a letter stating that they have concerns regarding the height of the buildings proposed on this site. · Chapter VII, Goal IV, Objective D, Action 5: Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.). By ordinance, a 25-foot wide landscape buffer, located outside of the right-oI-way is required adjacent to Pine Street. · Chapter VI, Goal II, Objective A, Action 3: Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land-use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible mld convenient. Staff believes that the subject application generally complies with the policies listed in the literature noted above. · Chapter VI, Goal II, Objective A, Action 6: Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. Strate Apartments CUP-07-011 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 7, 2007 The properties surrounding this site have not developed in the City. Therefore, there are currently no stub streets or driveways to this property from adjacent properties. However, the applicant is proposing to provide cross access to the property to the west. Staff believes that this proposal will allow interconnectivity with the undeveloped parcels in the vicinity, helping connectivity andfuture traffic flows. · Chapter VI, Goal II, Objective A, Action 5: Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The applicant is proposing to extend the sidewalk on the west side of the private street to the southern and western property lines. This proposal should enhance pedestrian connectivity amongst neighborhoods in the area. · Chapter VII, Goal IV, Objective C, Action 6: Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. See analysis above. · Chapter VII, Goal I, Objective D, Action 9: Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. Prior to construction of any buildings, fencing should be constructed around the perimeter of this site. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's development request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Residential Districts: UDC Table 11-2A-2lists multi-family development uses as conditional uses in the R-15 zoning district. b. Purpose Statement of Zone: MEDIUM-HIGH DENSITY RESIDENTIAL DISTRICT (R~15): The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. Residential land uses are also allowed within the O-T, TN-C, and TN-R districts as set forth in Chapter 3 Article D. c. Multifamily Development (UDC 11~4-3.27) The following standards shall apply for the multifamily developments, including standards for Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. Site design (UDC ll-4-3.27B): A minimum of 80 square feet of private, usable open space shall be provided for each unit. Strate Apartments CUP-07-011 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 7, 2007 This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. For the purposes of this Section, vehicular circulation areas, parking areas, and private useable open space shall not be considered common open space. The parking shall meet the requirements set forth in Chapter 3 of this Title. Common open space design requirements (UDC 11-4-3.27C): A minimum area of outdoor conunon open space shall be provided as follows: a) 150 square feet for each unit containing 500 or less square feet of living area; b) 250 square feet for each unit containing more than 500 square feet and up to 1,200 square feet of living area; and c) 350 square feet for each unit containing more than 1,200 square feet of living area. Common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a constructed barrier at least 4 feet in height. Site development amenities (UDC 11-4-3.27D): All multifamily developments shall provide for quality of life, open space and recreation amenities to met the particular needs of the residents as follows: a) Quality of Life (clubhouse, fitness facility, enclosed bike storage, and public are such as a statue); b) Open Space (open grassy area of at least 50 by 100 feet in size, community garden, ponds or water features, and plazas); and c) Recreation (pool, walking trails, children's play structures, and sports courts). The number of amenities shall depend on the size of the multifamily development as follows: For multifamily developments with up to 20 units, 2 amenities shall be provided from different categories. Architectural Character (UDC 11-4-3.27.E): All building elevations shall have a minimum portion of the elevation devoted to architectural features designed to provide articulation and variety. These features shall include, but are not limited to windows, bays and offsetting walls that extend at least two feet; recessed entrances; and changes in material types. Changes in material types shall have a minimum dimension of two feet and minimum area of 25 square feet. Main entrances, which are the primary point(s) of entry where the majority of building users will enter and leave, shall be designed as an obvious entrance and focal point of the building through architectural treatment, lighting, and address identification. Entrances shall be adequately covered, recessed, or treated with a permanent architectural feature in such a way that weather protection is provided. Roof forms shall be distinctive and include variety and detail when viewed from the street. Sloped roofs shall have a significant pitch. Flat roofs should include distinctive cornice treatments. Exterior building materials and finishes durability. Materials such as masonry, encouraged. shall convey an impression of permanence and stone, stucco, wood, terra cotta, and tile are Strate Apartments CUP-07-011 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 7, 2007 Windows are required to allow views to exterior activity areas or vistas. Windows shall be provided on any building facing any common area used for children's recreation. All roof and wall~mounted mechanical, electrical, communications, and service equipment should be screened from public view from the adjacent public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means. Landscaping (UDC 11-4-3.27.F); Development shall meet the minimum landscaping requirements in accord with Chapter 3 of this Title. All street-facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards; The landscaped area shall be at least three feet wide; for every three lineal feet of foundation, an evergreen shrub having a minimum mature height of twenty-four inches shall be planted; and groundcover plants shall be planted in the remainder of the landscaped area. Maintenance and Ownership Responsibilities (UDC 11-4-3.27.G); All multifamily developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including but not limited to structures, parking, common areas, and other development features. 10. ANALYSIS Analysis Leading to Staff Recommendation Based on the policies and goals contained in the Comprehensive Plan, staff believes that this is a good location for a higher density development. As submitted, the subject site plan does not comply with the Unified Development Code and the Comprehensive Plan. However, there are some modifications to the site plan and the landscape plan that will bring the project into compliance. In each section below, staffhas listed the items that should be amended. CUP Application; Existing Development Agreement; There is a Development Agreement (DA) in effect for this property. In 1999, Walter and Alice Culver requested annexation to the City. In July of 1999 a DA was recorded and the subject property was annexed into the city with an R- 15 zoning district designation. Some of the provisions in the subject DA include; a requirement to tile any existing irrigation/drainage ditches crossing the property (provision 5.1.1); a requirement to obtain CUP approval for any development (5.1.3); a requirement to dedicate 35-feet of right-of-way from the centerline of Pine (5.1.4); and a restriction on driveway locations (5.1.7 & 5.1.8). Pine Street Right-of-Way/BufferISidewalk: The applicant is depicting a 35-foot wide right-of-way for Pine Street. Even though Pine is a designated arterial street, the ACHD is only requiring a 35-foot wide right-of-way, with the sidewalk being located outside of the right-of-way. The applicant should be required to preserve 35-feet of right-of-way Strate Apartments CUP-07-011 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 7, 2007 and construct a 25-foot wide landscape buffer, located outside of the right.of-way, with a 5-foot wide sidewalk located within the 25-foot wide buffer. Private Street: Addressing: Most of the units within the development are set back from the public street a significant distance. These units may be difficult for emergency services, delivery services and the general public to find. Due to this situation, the Fire Department and Planning Staff recommend that the applicant submit a private street application to the Planning Department for the proposed asphalt drive/private street access off of Pine Avenue. The applicant has submitted a private street application. Access: The applicant is proposing to construct one private street access to Pine Avenue. Staff is supportive of the proposed private street, provided the applicant complies with the following: · Construct the private street in compliance with UDC 11-3F-4; · Construct the travel lane to be a minimum of 24-feet wide; · Construct a 5-foot wide sidewalk on one side (west and north) of each leg of the private street, as proposed; · Provide a Fire Department approved turnaround; · Post the private street "No Parking"; · Gates or other obstacles shall not be allowed; · Obtain approval from the Ada County street name committee for a private street name; · Prior to issuance of a building pennit, provide documentation of a binding contract that establishes the party or parties responsible for the repair and maintenance of the private street, including regulations for the funding thereof; · Prior to issuance of a building permit, create a perpetual ingress/egress easement for the private street to all 12 units and the parcel to the west (Parcel #R6576001129); · Abandon any other vehicular access to this site from Pine Street. Landscaping: The landscape plan prepared by Breckon Land Design, on 5-29-07, labeled Sheets Ll.1 and Ll.2, is approved. The following modifications/notes should be made to the plan: · Provide a 25-foot wide landscape buffer along Pine Street that is located outside of the required ACHD right-of-way. The landscape buffer along Pine Street shall be designed in accordance with UDC 11-3B-7 and contain a 5-foot wide public sidewalk. · Unless otherwise approved by the Meridian Public Works Department, trees are not allowed within the existing sewer easement on the west side of the site. · Provide landscaping along all private street facing foundations. The foundation landscaping shall meet the following minimum standards: The landscaped area shall be at least three feet wide; for every three lineal feet of foundation, an evergreen shrub having a minimum mature height of twenty- four inches shall be planted; and groundcover plants shall be planted in the remainder of the landscaped area. · Depict a concrete sidewalk from the west side of the private street to the south property line, adjacent to the amenity area (and as shown on the site plan). Strate Apartments CUP-07-011 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 7, 2007 · All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11-3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11- 3B-11. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. · A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation shall apply as listed in ODC ll-3B-14. Multi-family Standards: The UDC has several specific standards that apply to multi- family developments (See UDC Section 9c above for a complete list.) These standards apply to Site Design, Conunon Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. Below are some of the most important standards that the applicant should be required to comply with: Site Design: The applicant has submitted a site plan, prepared by Hauff & Associates Architects, LLC, labeled sheet Al.l, dated May 29,2007. UDC ll-4-3-27B requires buildings to provide a (perimeter) setback of at least ten feet unless a greater setback is otherwise required. The applicant is showing a 12 foot rear (south) setback, a 10 foot side (east) and 20 foot side (west) setback, and will be required to provide a minimum 25 foot front (north) setback to the Pine Street right-of-way. All other internal setbacks between buildings shall be in accordance with the adopted Building Code in effect at the time of permit submittal; internal setbacks are not required by the UDC for multi- family developments. Open Space: Open space is defmed as an area substantially open to the sky that may be on the same property with a structure. The areas may include, along with the natural environment features, parks, playgrounds, trees, water areas, swimming pools, tennis courts, conununity centers or other recreational facilities. The term shall not include streets, parking areas, or structures of habitation (UDC ll-lA). UDC 11-4- 3.27C requires a minimum area of outdoor conunon open space shall be provided as follows: a) 150 square feet for each unit containing 500 or less square feet of living area; b) 250 square feet for each unit containing more than 500 square feet and up to 1,200 square feet ofliving area; and c) 350 square feet for each unit containing more than 1,200 square feet of living area. Conunon open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a constructed barrier at least 4 feet in height. By Ordinance, 2,700 square feet of outdoor conunon open space is required for this development. The applicant states that 0.1 acres (approximately 4,400 square feet) of the site is being set aside for common open space. Based on the square footage of the proposed units, the applicant has complied with the open space requirement. Private Useable Open Space: UDC ll-4-3.27B requires a minimum of 80 square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. The applicant is proposing to construct a patio area on the rear of the proposed units. Each patio Strate Apartments CUP-07.011 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 7, 2007 contains approximately 80 square feet. Staff is supportive of the proposed private useable open space provided for each unit. Parking: UDC 11-3C-6A requires multi-family dwellings with 2 or more bedrooms to have a two-car covered carport or garage for each unit, and dwellings with 1 bedroom to have 2 car parks, with at least 1 being in a covered carport or garage, The submitted site plan proposes I-car garages for the one bedroom units and 2-car garages for the 3 bedroom units, Additionally, there are driveways in front of all of the garages for additional visitor/resident parking, This is important as no parking will be allowed on the private street. Staff is supportive of the proposed parking for this development. Amenities: The applicant is required to provide amenities for the multi-family development. For multi-family developments with less than 20 units, two amenities are required, with 1 from different categories (Quality of Life, Open Space, and Recreation)(UDC 11-4-3.27D-2d), The applicant is providing open space, a walking path/loop connecting the sidewalk on Pine to the internal sidewalks, and a 1,012 square foot picnic area with two picnic tables and a BBQ on the south side of th~ site, Staff is supportive of the proposed amenities, Elevations: With the application submittal the applicant provided two front building elevations for the proposed duplex structures. Since the original submittal, front elevations for all four of the proposed units have been provided, as well as side elevations for the tow buildings fronting on Pine Street. The front elevations submitted, prepared by Hauff and Associate, LLC, are attached in Exhibit A. UDC 11- 4-3 requires multifamily structures to comply with the design standards listed in this section, The applicant is proposing to construct the structures with painted cement fiber board lap siding on most of the walls, and board and batten siding on the gable ends of the roofs. Composition shingle roofs and vinyl windows are also proposed for all of the units. Staff is generally supportive of the proposed elevations as they appear to comply with UDC 11-4-3.27.E. However, Staff recommends that one additional window be added to the north side, second floor elevation of Unit A facing Pine Street and one window be added to the north side, first floor elevation of Unit B facing Pine Street. Staff further recommends that the applicant clarify, at the public hearing, what color scheme is proposed for the development. NOTE: Staff will ensure that when CZC applications are submitted for construction of the buildings in the future, that the elevations also comply with the UDC requirements and are consistent with those attached in Exhibit A. Pedestrian Paths: The applicant is proposing to construct sidewalks along Pine Street and the internal private street with the ability to extend all legs of the sidewalks in the future, Further, as an amenity, the applicant is proposing to construct a walking path on the west side of the site that loops the private street sidewalks to the Pine Street sidewalk. Staff is supportive of this proposal. The applicant should be required to construct sidewalks as proposed, Ditches: UDC 11-3A-6 requires natural waterways to be left open as a natural amenity, and for irrigation ditches, laterals, canals and drains that are not being used as an amenity to be piped or otherwise covered. There is a ditch on the west side of the property, In accordance with the UDC and the DA in effect for this site, the irrigation/drainage ditch on the west side of the site should be piped/tiled, Strate Apartments CUP-07-011 PAGE 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 7, 2007 Fencing: The applicant is proposing to construct a 6-foot tall fence around the development. The fence on the south and east sides of the property are proposed as vinyl. The fence on the west side of the property is proposed as a coated chain link fence to match the color of the vinyl fence. Staff recommends that the Commission determine if chain~link fencing is appropriate along the west property line, or if a 4-foot taU vinyl fence may be more appropriate. NOTE: The Meridian Police Department has provided comments stating that they would prefer to see an open-vision fence along the west side of the development (see Exhibit B). This will allow the Police Department better visibility into the common open space areas on the rear of the units. Also, the Meridian Fire Department has provided comments that they will restrict fencing between the duplexes (see Exhibit B). This will allow firefighters to drag there hoses to the back side of the units. If permanent fencing is not provided before issuance of a building permit, temporary constructionn fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro-path fencing shall be designed according to UDC 11-3A-7. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11.3A.15 and MCC 9-1-28. Existing Residence/Buildings: The site currently contains multiple buildings. Because the existing structures are not consistent with the elevations submitted for this development, all buildings shall be removed or relocated off-site, prior to issuance of a Certificate of Zoning Compliance application. Staff Recommendation: Based on the facts provided in this report, staff recommends approval of File Numbers CUP-07 -011 and PS-07 -004 with the conditions listed in Exhibit B of the Staff Report. The Meridian Plannin!! & Zonin!! Commission heard this item on Mav 17 and June 7.2007. At the June 7th. 2007 public hearin!!. the Commission moved to approve CUP-07- 011 (and PS-07-004). 11. EXHIBITS A. Drawings 1. Vicinity Map 2. Site Plan (dated: 5-29.07) 3. Landscape Plan (dated: 5-29-07) 4. Elevations B. Conditions of Approval 1. Planning Department Strate Apartments CUP-07-011 PAGE 12 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 7, 2007 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department 9. Nampa & Meridian Irrigation District C. Required Findings from Unified Development Code Strate Apartments CUP-07-011 PAGE 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 7, 2007 A. Drawings 1. 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' _.. .~ ! C. lh 11'." Jjt' j, ll.~i[JU,. 5::p:jIEB nnM "II . '1lJ1~l6lill----- I--- ~'~~.-.~ ~~~f~ilt9~' ;1' r~.LI.I..~~t~t3~]g~~.~-~..~~i'f1~JJ:';-, il I, I,r-,......j r.::1-r:- ~ I . . ....~ ':::J:""''''J.'.~iill ~ ....J .. --, .:0 U~ ....L~.Ji l__.~:l;.... ~U U1#Nr1L'iT~ ~ ~ ~,~ ~n~t= rn ~ 'I'D~T rljl~r_.il!I~':~~ .-~ l=~:,'f11~~ r I--ll 'I.. '1= ::::lq.....1- ~ 1"1 . . ... I---, ..- i I h -~l~ =::It:l='" ,; 11 l . ::. a.., , "'1 u .. i. jl :ILL. !L Jl ,j,' L... Uf". ;~. I: Exhibit A - Page I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 7, 2007 2. Site Plan (dated: 5-29-07) ~1:-:=iO et9E8 0I.I8P1 .~ " 'il II~ JM4S 8Uld a883 ~ j.B .'T' i~ ;~ swewuedy .. ; -i- 'II " - ~-- <:( \, .l8UM() ~~'euea i I II. ~-<<.,'.~.'~~~);,~~ }". :~:./,' .~. --01..___ I -' :11 I, ~ iltH-__~ ,L.,-._ ___ I-:-~-"---'--- 1 I 'ii~H ""~ " I~I " ",--.w_, I " I~" ---- .l._. " I " , : '''"1 I , .f!! I I' g- Ild Ii IU III! ! 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". .. . . - . . - - - . .,,' . .- (')1 Exhibit A - Page 3 Iy gj~1111 ~! 8i~ e eee I I · II J ! : · I II ~ P: ( ! I i ( ~I .,l: : RIFl ~ '~lb" : !Jj tJ ~ II .~ ~",I..m ~:~f~~~~m ~31 r rr I" ,. in CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 7, 2007 p..-=I~ ZV9E8 0l.I8Pt 'U8lPIJ8W n ~ r J8ll4S lIUld ~ ~ ~8 ~I SW8U4J8dv &I8JIS .... . ~'. ...J' ./GlUM() '8J8JIS euag iii '-...... , 1'1 .~~ r I ~ ',j I 1 I . n e . J J' I I tH, fell' J "~Il Ii lit ~ 25 i IP I Jiif1 II . ~ ~J '!lll it I Ii mL ,11'1 ~. ~~J ~/~~~ l~W if ! ! 8 j ~ijll' ~!.m ~I ;i ~ \i ~I!'U Ilm.~I~ID~1 I ~ . !9IDnr....~~liuJf >- .. . _ ..~.;., .f~., ~ 8! J. IL iii I J I . I It .111.1 t IV ~! ~!lh H 1111111 ti 1III1 i I l")/ I . . II ~, i! IlilY ~ Exhibit A - Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 7, 2007 4. Elevations ~-=JO ~t9Ea 0l.JeP1 'UBlPtJeW ,. ~I 1884S auld JI8~ .. &.8 I 1"'- .u_1 8IUW4J8dv steJIS I i .,.., .,.~- +- ~J .J8UiAQ .~ L I -', ~ i ~. ~ ~~i . I .~ lite ~: ~ c~f2 ~~15 u z Exhibit A - Page 5 i I ~ : 1= ZI "" Q, :.' S F l; \ -- < -. ~ t ...J W I ' - Iii. I l~. .0 -- .1 UJ' ~.Z .; 0:: I, 5: = III ., I J _""0,1 "., . ......" ..... '" , , ,-.. ,. .. """'""-'"~~''''._''''~''''-''''' CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 7, 2007 0" ....l.PJ8 .....DOI. 'I MIl.. o ~ 0I48Pl 'U81P/J8W mIDJ ~L l884S etl!d JS83 ~ ~8 'r' 'I I" .~ 81UelA.q.lI;Jdv 8l84S r ... ,. .1....... ~i:fJ J8UM() '8JB.Q$ 8\I8E) , . I: I 1,I,iI1 IIII' · , 1,1111,11 LLlJL I .. ., ~ . ~ ~ .. .~ f!. fl-----~ .-~ ..~ ~; -- ~I Exhibit A - Page 6 .... '2 ::J <C ..~~ 'l'''i'~ .... .- C ::J oCt: u - ;;..-------tr--..-.....r;. Z o .j:: U W ;:) (/)>0:: ;:)~~ ...JOZ <1-0 ZUlU , Oen - . 0:: !::l-O O~u. 20::1- OwO Ua..Z == C ::J CO : I "'''~ .f~~.i :!::: C ::J to CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 7, 2007 ~~.~u ~t928 ~epl 'lJ8fW8W mnE J884S 8UJd IS83 H8 . 1 ':! -jt- .1 SJU8Ll4IedV 8&l!UlS ~. .: .: .: ,- JElliMO '~ euea ,:f (.-."----- p__.l i .... '~, .." Exhibit A - Page 7 .~~ itI..~.. I' (_______n !I ~'. ~l ..... .- c: ~ (!) ..... .- c: ::3 C!) z o ~ u W ::l C1)>-n:: - ....q- =>Zen -40 Z. <(1--0 ZWU Oenn:: t:1:::.0 c--=:u.. ZCI"- offio UQ.Z =: c: ::J J: ~~1Ii ~~"'oq.' I' :!:: c: ::J J: CiTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 7, 2007 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS-CONDITIONAL USE PERMIT (CUP-07-011) 1.1.1 The site plan labeled ALl, prepared by Hauff & Associates Architects, LLC, dated May 29, 2007, is approved with the conditions listed herein. 1.1.2 The landscape plan prepared by Breckon Land Design, on 5 -29~07, labeled Sheets L 1.1 and L 1.2, is approved with the following modifications/notes: · Provide a 25-foot wide landscape buffer along Pine Street that is located outside of the required ACHD right-of.way. The landscape buffer along Pine Street shall be designed in accordance with UDC 11-3B-7 and contain a 5-foot wide public sidewalk. · Unless otherwise approved by the Meridian Public Works Department, trees are not allowed within the existing sewer easement on the west side of the site. · Provide landscaping along all private street facing foundations. The foundation landscaping shall meet the following minimum standards: The landscaped area shall be at least three feet wide; for every three lineal feet of foundation, an evergreen shrub having a minimum mature height of twenty-four inches shall be planted; and groundcover plants shall be planted in the remainder of the landscaped area. · Depict a concrete sidewalk from the west side of the private street to the south property line, adjacent to the amenity area (and as shown on the site plan). · Construct a BBQ area with two benches at the south end of the private street, as proposed. . All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subj ect to UDC 11-3B-ll and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-ll. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11~3B-ll, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. · A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation shall apply as listed in UDC 11-3B-14. . Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. . All perimeter landscaping and amenities shall be installed prior to the issuance of the first occupancy permit in this development. 1.1.3 Comply with the applicable provisions contained within the Development Agreement in effect for this property (Instrument #99067737). 1.1.4 Comply with ACHD's requirement for right-of-way dedication of 35-feet (from centerline) along Pine Street. Construct a 25-foot wide landscape buffer, located outside of the right-of-way, with a 5-foot wide sidewalk located within the 25-foto wide buffer. Exhibit B - Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 7, 2007 1.1.5 The proposed private street for this development is approved subject to the following: · Prior to issuance of a building permit, construct the private street in compliance with UDC 11-3F-4; · Construct the travellane(s) to be a minimum of 24-feet wide; · Construct a 5-foot wide sidewalk on one side (west and north) of each leg of the private street, as proposed; · Provide a Fire Department approved turnaround; · Post the private street "No Parking"; · Gates or other obstacles shall not be allowed; · Obtain approval from the Ada County street name committee for a private street name; · Prior to issuance of a building permit, provide documentation of a binding contract that establishes the party or parties responsible for the repair and maintenance of the private street, including regulations for the funding thereof; · Prior to issuance of a building permit, create a perpetual ingress/egress easement for the private street to all 12 units and the parcel to the west (Parcel #R6576001129); · Abandon any other vehicular access to this site from Pine Street. Note: The orivate street shall not be closed off to the oropertv to the west in the future. 1.1.6 Provide a minimum 12 foot rear (south) setback, a 10 foot side (east) and 20 foot side (west) setback, as well as a minimum 25 foot front (north) setback to the Pine Street right-of-way (in a landscape buffer). All other internal setbacks between buildings shall be in accordance with the adopted Building Code in effect at the time of permit submittal; internal setbacks are not required by the UDC for multi-family developments. 1.1.7 The applicant is required to provide, as amenities for the proposed multifamily development at least 0.1 acres (10 %) of the site for common open space; a BBQ area with two picnic tables; and, a pedestrian pathways, as proposed. 1.1.8 Per UDC 11-4-3 .27B construct a patio area on the rear of the units, as proposed. Each patio shall contain at least 80 square feet. 1.1.9 Construct I-car garages for the one bedroom units and 2-car garages for the 2/3 bedroom units and driveways in front of all of the garages for additional visitor/resident parking, as proposed. 1.1.10 One additional window shall be added to the north side, second floor elevation of Unit A facing Pine Street, and one window be added to the north side, first floor elevation of Unit B facing Pine Street. Other than the changes mentioned above, the front elevations submitted, prepared by Hauff and Associate, LLC, are attached in Exhibit A, are approved. NOTE: Staff will ensure that when CZC applications are submitted for construction of the buildings in the future, that the elevations also comply with the UDC requirements and are consistent with those attached in Exhibit A. All roof and wall.mounted mechanical, electrical, communications, and service equipment shall be screened from public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means. 1.1.11 Construct sidewalks along Pine Street and the internal private street so they may be extended in the future. The sidewalks along the private street shall be extended to the south and west property lines, as proposed on the site plan. All internal sidewalks shall be constructed as submitted and in accordance with MCC 12-5-2.K. 1.1.12 In accordance with the UDC and the DA in effect for this site, the irrigation/drainage ditch on the Exhibit B - Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 7, 2007 west side of the site shall be piped/tiled. 1.1.13 Unless othenvise appro';ed by tBe Cofl1H'.l:ission,cQonstruct a 6Mfoot tall vinyl fence along the south and east sides of the development and a e1Mfoot tall paiBted 0Bain liBk vinyl fence along the west side of the development, as pf0posed. 1.1.14 Underground yearMround pressurized irrigation must be provided within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant shall be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a singleMpoint connection to the culinary water system shall be required. If a single-point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.1.15 Prior to Certificate of Zoning Compliance submittal, remove the existing structures from this site. 1.1.16 No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department. All buildings require Certificate of Zoning Compliance (CZC) approval from the Planning Department; prior to issuance of building permits, obtain a CZC from the Planning Department. 1.1.17 Prior to obtaining certificate(s) of occupancy, all development improvements (except for those directly adjacent to individual units), including perimeter fencing, irrigation, and landscaping shall be installed. 1.1.18 Staff s failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.1.19 Comply with all of the standards listed in UDC 11-4-3.27 regarding multi-family developments, including Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. Conditional Use Permit approval shall be subject to the expiration provisions set forth in UDC 11-6. 2. Public Works Department 2.1 The applicant shall install Water and Sewer mains to and through this development; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to subMgrade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 The applicant shall provide a 20Mfoot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.3 A portion of this property lies within a FEMA recognized flood plain with a zone designation of A. The applicant shall provide a Base Flood Elevation report from a professional surveyor or other licensed professional qualified to prepare said document. 2.4 Submit plan for use by the Building Department that contains the floodplain overlay. Exhibit B - Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 7, 2007 2.5 All pads encumbered by the floodplain shall submit flood plain elevation certification prior to occupancy. 2.6 The applicant has indicated Nampa.Meridian will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to [mal plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be submitted prior to scheduling of a pre-construction meeting. 2.7 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC ll-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas. 2.8 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.9 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.10 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non.approva1 submitted to the Public Works Department. Iflateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer. 2.11 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.12 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District, prior to applying for building permits. 2.13 Sewer, water, pressurized irrigation, and any life safety development improvement shall receive final approval prior to occupancy. Other required development improvements such as fencing, micro-paths, and landscaping may be bonded for prior to obtaining certificates of occupancy. 2.14 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, per Resolution 02-374. 2.15 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.16 Applicant shall be responsible for application and compliance with and NPDES Permitting that Exhibit B - Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 7, 2007 may be required by the Environmental Protection Agency. 2.17 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.18 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.19 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.20 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above. 2.21 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. Height for 100 watt fixtures is 25-feet, height for 250 watt fixtures is 30-feet. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. Fire Department 3.1 One and two family dwellings not exceeding 3600 square feet will require a fire-flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings greater than 3600 square feet and greater will require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval ofthe fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 12" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 Yz" outlets. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.5 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.6 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than Exhibit B - Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 7, 2007 a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. No parking will be allowed in the proposed private street; provide appropriate sign age. 3.7 The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please submit a private street application for this project. 3.8 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. Side yard fencing shall be prohibited to maintain the 150 foot fIre hose line reach for handlines. 3.9 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a ftre apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site ftre hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.10 All R-2 occupancies with 3 or more units or with 3 floors shall be required to be fire sprinklered. 4. Police Department 4.1 The proposed multi-family development shall limit landscaping shrubs and bushes between buildings to species that do not exceed three feet in height. 4.2 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. Solid fencing on perimeter is discouraged. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (ODC 11-3B-10) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-1O) will be followed. 6. Sanitary Service Company 6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 6.2 Provide a minimum 28' inside and 48' outside radius for all alleys and private streets, where they intersect a public street. Exhibit B - Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 7, 2007 7. Ada County Highway District Site Specific Conditions of Approval 7.1a Construct the proposed private road approximately 65-feet east of the west property line with 15- foot pavement tapers, a minimum of20 to 24-feet wide, paved its entire width, and at least 30- feet beyond the edge of pavement of Pine Street. 7.2a Dedicate 35-feet of right-of-way from the centerline of Pine Street; AND construct a 5-foot concrete sidewalk outside of the right-of-way, within an easement abutting Pine Street. 7.3a Comply with all Standard Conditions of ApprovaL Standard Conditions of Approval 7.1 b Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.2b Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.3b All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7 Ab Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.5b Comply with the District's Tree Planter Width Interim Policy. 7.6b Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.7b All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.8b The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.9b Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.10b Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.11 b It is the responsibility of the applicant to verify all existing utilities within the right -of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Exhibit B - Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 7, 2007 Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.12b No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confmnation of any change from the Ada County Highway District. 7.13b Any change by the applicant in the planned use of the property which is the subj ect of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. Central District Health Department 8.1 After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito breeding problem. 9. Nampa & Meridian Irrigation District 9.1 If all storm drainage is retained on-site there will be no impact on Nampa & Meridian Irrigation District and no further review will be required. However, if any surface drainage leaves the site, the NMID requires that a Land Use Change Application is filed for review. 9.2 All laterals and waste ways must be protected. 9.3 The developer must comply with Idaho Code 31-3805. C. Required Findings from Unified Development Code 1. CUP Findings: The Commission shall base its determination on the Conditional Use Permit request upon the following: A. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Planning & Zoning Commission finds that the site is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the UDC. B. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Exhibit B - Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 16,2006 The Platming & Zoning Commission finds that the proposed use is in general conformance with the comprehensive plan and the UDC (please see Sections 8, 9 and 10 of the Staff Report for detailed analysis of specific items that apply to this development). C. That the design, constrnction, 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 Platming & Zoning Commission finds that the general design, construction, operation and maintenance of the multi-family uses will be compatible with other uses in the general neighborhood and with the existing and intended character of the vicinity as to not adversely change the character of the area. The Plaruring & Zoning Commission finds that a higher density residential use on this site should be compatible with the neighborhood (provided the applicant complies with all UDC provisions.) The Commission should reference any public testimony that may be presented to determine whether or not the proposal will adversely affect the other properties in the area. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Planning & Zoning Commission finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all CUP conditions and constructs all improvements and operates the use in accordance with the UDC standards. E. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. Please refer to the comments and conditions prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Company and ACHD in Exhibit B. F. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. The Planning & Zoning Commission fmds that the applicant should be required to pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay highway impact fees. The Planning & Zoning Commission finds that the proposed uses should not create excessive additional costs for facilities or services and should not be detrimental to the economic welfare of the community. G. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The Plaruring & Zoning Commission finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. The Planning & Zoning Commission does not believe that the amount of traffic or noise generated will be detrimental to the general welfare of the Exhibit D - Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 16,2006 public. The Commission should reference any public testimony that may be presented to determine whether or not the proposal may cause health, safety or environmental problems of which staff is unaware. H. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The Planning & Zoning Commission finds that the proposed development will not result in the destruction, loss or damage of any natural feature( s) of maj or importance. The Commission should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) ofmajor importance of which staffis unaware. 2. Private Street Findings: a. The Design ofthe private street meets the requirements ofthis Article; The applicant shall comply with the private street design standards listed in UDC ll-3F- 4A and condition of approval # 1.1.5 listed above in Exhibit B of this staff report. b. Granting approval of the private street would not cause damage hazard, or nuisance, or other detriment to persons property, or uses in the vicinity; and If the Applicant complies with the conditions listed in Exhibit B of this staff report pertaining to private streets, Staff does not anticipate any hazard, nuisance or other detriment from the private streets if they are designed and constructed as required by UDC 11-3F-4. c. The use and location of the private street shall not conflict with the Comprehensive Plan and/or the regional transportation plan. Staff finds that the use and location of the proposed private street do not conflict with the Comprehensive Plan and/or the regional transportation plan. Exhibit D - Page 3