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HomeMy WebLinkAboutSelway Multi-family Developmetn CUP-07-016 PS-07-007RECEIVED OCT 0 2 2007 City Of Meridian City Clerk Office rtiv taF CITY OF MERIDIAN C ~~1~i1~'~1t~I ~ a~~ FINDINGS OF FACT, CONCLUSIONS OF ~ ~ -~}.~,~ w LAW AND ~~~ , DECISION & ORDER In the Matter of the Request for Conditional Use Permit (CUP-07-016) for amulti-family development consisting of 171 multi-family dwelling units on a 10 acre parcel located within the Lochsa Falls Planned Development and Private Street approval within the proposed Selway Multi-family Development. Case No(s). CUP-07-016, PS-07-007 For the Planning and Zoning Commission Hearing Date of: September 20 and October 4, 2007 (Findings approved on October 4, 2007) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 20, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 20, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 20, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 20, 2007, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian 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 § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-07-016, PS-07-007 - 1 - 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Chair of the Planning & Zoning 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, Landscaping Plan and Conditions of Approval all in the attached Staff Report for the hearing date of September 20, 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 § 11-SA 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 July 10, 2007 is hereby conditionally approved; 2. The applicant's CUP Landscape Plan as evidenced by having submitted the Landscape Plan dated 3uly 10, 2007 is hereby conditionally approved; 3. The applicant's CUP Elevations as evidenced by having submitted the Elevations dated September 27, 2007 is hereby conditionally approved; 4. Modifications to the site specific conditions were made at the Planning & Zoning Commission hearing and are updated in the attached staff report; and 5. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of September 20, 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-07-016, PS-07-007 - 2 final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission maybe 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 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 maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe 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 September 20, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-07-016, PS-07-007 - 3 - By action of the Planning & Zoning Commission at its regular meeting held on the day of (;~~j4~i~~, 2007. COMMISSIONER MICHAEL ROHM VOTED ~(~ (Chair) COMMISSIONER DAVID MOE VOTED COMMISSIONER WENDY NEWTON-HUCKABAY VOTED~~ COMMISSIONER TOM O'BRIEN VOTED (,Q.~ COMMISSIONER STEVE SIDDOWAY TED C~~~j,Q,~l.~ CHA RMA ICHAEL ROHM .~``~ ~ -~ Attest: ''~ ,~`~ y ~. ,~ ~~ ~. G pS~'G+~(,; ~ ` mow' ~f~ ~•~~' ~ ;% Tara Green, Deputy City Clerk "'~' - ~ " ~,~ ~ Copy served upon Applicant, 'I'~a,,e~Rr~~glDcp'artment, Public Works Department and City ~~~i~~~i~~t n~st~,,~ Attorney. •- r, By: ~~ ~ ! 1 r~- ~-~: _ ~; Dated: ~ C ~ _ ~., ~ ~' 1 City Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-07-OI6, PS-07-007 - 4 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 20, 2007 STAFF REPORT Hearing Date: September 20, 2007 E IDIAN~-- IDAHO TO: Planning & Zoning Commission FROM: Bill Parsons, Associate City Planner 208-884-5533 Caleb Hood, Current Planning Manager 208-884-5533 SUBJECT: Selway Multi-family Development CUP-07-016 -Conditional Use Permit for amulti-family development consisting of 171 multi-family dwelling units on a 10 acre parcel located within the Lochsa Falls Planned Development. PS-07-007 -Private Street approval within the proposed Selway Multi-family Development. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Meridian Apartments, LLC, has applied for Conditional Use Permit (CUP) approval to construct amulti-family development consisting of 17 multi-family buildings (4 24-plexes, 8 8-plexes, and 5 duplexes); one storage building; and a club house with managerial living quarters on 10.1 acres. The applicant is also requesting approval to construct a Private Street loop road to provide access and circulation throughout the proposed development. The private access road from N. Goddard Creek is the only ingress/egress to the proposed development and provides future connectivity to the future commercial property to the south. The site is located on the west side of N. Goddard Creek Way, approximately 500 feet north of W. McMillan Rd. and a quarter mile east of N. Ten Mile Rd. As part of the Lochsa Falls Planned Development approval in 2002, this area was conceptually approved for 171 multi-family units. As part of the Lochsa Falls approval, the City Council allowed the subject multi-family development as a use exception to the primarily single-family Lochsa Falls Development. The City and the developer have entered into a Development Agreement requiring CUP approval prior to construction of the subject multi-family development. A final plat was also approved by the City Council for the subject site in June 2007. The site is currently designated High Density Residential on the City's Comprehensive Plan Land Use Map and zoned R-4. The subject site is currently vacant. 2. SUMMARY RECOMMENDATION The subject applications were submitted to the Planning Department for concurrent review. The Planning & Zoning Commission is the final decision making body on a Conditional Use Permit and the Director is the final decision maker on a Private Street application. Staff has provided a detailed analysis of the requested CUP and PS applications below. Staff recommends approval of CUP-07-016 for the Selway Multi-family Development, as presented in the Staff Report for the hearing date of September 20, 2007, subject to the conditions listed in Exhibit B. 2. SUMMARY RECOMMENDATION: (Insert after Staff s Recommendation) The Meridian Planning and Zoning Commission heard this item on September 20 and October 4, 2007. At the October 4th public hearing, the Commission moved to approve CUP-07-016 and PS- 07-007. a. Summary of Commission Public Hearing: Selway Multi-family Development CUP-07-016; PS-07-007 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 20, 2007 b. c. i. In favor: Daren Fluke, Wayne Thowless, Allen Wallace ii. In opposition: John Nelson, Laurie Miller, Brian Coffees Dion Callahan, Matt Hessing~David, Budolfson, Anna Budolfson, Tammy Witham, Erin Tidermen, Mr. and Mrs. Valas, Tracy fries, Majorie Matthis, Chris, Sandra Robert Li hg ton, Donna Eggess, Jennifer Refiner, Ken Pahlas, Ann Nikakis, Nick Nikakis, Bernadette Reisbeck, Glen Tiderman, James Shilton, Brian Katcher, Sheryl Hopkins Don Fleck, Dan Skoric, Mark Wheeler, Sarah Marksfield Katcher, Dan Clizbe, John Bellamy, Lawerence Gibson, Wally Reisbeck, Sabdra Freeman, Jim Freeman, Linda Ullman, Jim Ullman, Andrea Skoric Jeff Weeks, LaDawn Weeks, Ron Horsley, Joanne Stevens, Mel Grant, Lillian Grant, Sylie Carbaial iii. Commenting: Glen Tiderman James Shilton, Brian Katcher, Sheri Hopkins, Don Fleck, Dan Skoric, Mark Wheeler, Sarah Marksfield Katcher, Dan Clizbe, John Bellamy, Lawerence Gibson, John Nelson, Karl Miller, Matt Hessing, Tammy Witham, Paul Valas, Tracy Fries, Marjorie Matthis, Russ Pollock, Mindy Hayes, Rachael Nelson iv. Written testimony: John and Rachel Nelson,Elaine and Mike Robey, Sheryl Hopkins, Dion Callahan v. Staff presenting application: Bill Parsons vi. Other staff commentin on application: Caleb Hood, Bill Nary Kev Issues of Discussion by Commission: i. Lig_ht_m_g for the development. ii. The berming along_the northern and western property lines. iii. The building materials (i.e vinyl siding, three tab roofmg hard plank siding rock/stone accents) for the proposed development. iv. The athway connectivity to the north with the existing residential nei boyhood. v. Denser landscaping adjacent to the residential homes along the western and northern boundaries. vi. Construction of the trash enclosures being of block with off-set metal ag tes. vii. Vinyl fencing along the southern property boundary. viii. Mechanical units to remain in the rear of buildings F. ix. New elevations with new building materials for Commission review. x. Access and future connectivity with the commercial parcel to the south. xi. Building setbacks adjacent to residential structures. Kev Commission Chansles to Staff Recommendation: i. Building materials for the buildings are to be hardie board siding as submitted with CUP application. ii. Lighting for the development must be shielded. iii. Applicant is to work with staff regarding an additional amenity. iv. Trash enclosures are to be constructed of block with off-set metal gates. v. Additional trees to be planted along the north and west side with trees touching at 80% maturity. vi. Provide vinyl fencing along the southern boundary. vii. Connect the existing micropath to the north. viii. All landscaping along the north and west property lines shall be installed and prior to obtaining any occupancy for any building, all development improvements such as irrigation, parking and landscaping shall be installed on that building's site. ix. Additional elevation for Building F1 has been inserted into Exhibit A of the staff report. xi. Building setbacks are to remain the same along the western and northern side. xii. AC units to remain in the rear of Building F/F1 along northern boundary. Selway Multi-family Development CUP-07-016; PS-07-007 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 20, 2007 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers CUP- 07-016 and PS-07-007 as presented in staff report for the hearing date of September 20, 2007 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers CUP-07- 016 and PS-07-007 as presented during the hearing on September 20, 2007, for the following reasons: (you must state specific reasons for denial of the conditional use permit and what the applicant could do to gain your approval in the future.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers CUP-07-016 and PS-07-007 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: West side of N. Goddard Creek Road, approximately 500 feet north of E. McMillan Rd. and'/ mile East of N. Ten Mile Rd. Section 26, T4N, Rl W b. Owners: Daniel Gibson 19500 HWY 20/26 Caldwell, ID 83607 c. Applicant: Meridian Apartments, LLC P O Box 633 Liberty Lake, WA 99019 d. Representative: Daren Fluke, J-U-B Engineers 250 S. Beechwood Ave, Suite 201 Boise, ID 83709 e. Present Zoning District: R-4 f. Present Comprehensive Plan Designation: High Density Residential g. Description of Applicant's Request: The applicant has applied for Conditional Use Permit (CUP) approval to construct amulti-family development consisting of 17multi-family buildings (4 24-plexes, 8 8-plexes, 5 duplexes); one storage building; and a club house with managerial living quarters on 10.1 acres. The applicant is also requesting approval to construct a private street to provide access and circulation throughout the proposed development. 1. Date of site plan (attached in Exhibit A): 07/10/07 2. Date of landscape plan (attached in Exhibit A): 07/10/07 3. Date of elevations (attached in Exhibit A): 07/10/07 h. Applicant's Statement/Justification: The subject site was approved as part of the Lochsa Falls Selway Multi-family Development CUP-07-016; PS-07-007 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 20, 2007 Planned Development and has the appropriate land use designation of High Density Residential. A development agreement for the site requires CUP approval prior to any construction of multi- family structures. The final map for the property was approved on June 19, 2007 and is currently being routed to the agencies for their signature. Based upon the input received from the neighbors at the first public meeting, changes were made to the site, building and landscaping design and a second meeting was held. The project is proposing 171 dwelling units including a club house, storage building and several amenities and open space for the residents to use. The intent of the design is to provide a transitional zone between the proposed commercial property to the south and the single family residential to the north. Important consideration has gone into the site layout and design of the project to ensure compatibility with the surrounding residential uses. (See Applicant's Submittal Letter for more.) 5. PROCESS FACTS a. The subject application will in fact constitute a conditional use as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter 5, a public hearing is required before the Commission on this matter. b. The subject application will in fact constitute a private street as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11, Chapter 5, a public hearing is required before the Commission on this matter. c. Newspaper notifications published on: September 3, 2007 and September 17, 2007 d. Radius notices mailed to properties within 300 feet on: August 24, 2007 e. Applicant posted notice on site by: September 10, 2007 6. LAND USE a. Existing Land Use(s): Vacant land b. Description of Character of Surrounding Area: The area surrounding the proposed development is primarily single-family residential. The parcel to the south of the subject site is vacant and approved for future commercial development. c. Adjacent Land Use and Zoning: 1. North: Single-family homes, Fulfur Subdivision No.7 (aka -Lochsa Falls), zoned R-4 2. West: Single-family homes, Verona Subdivision, zoned R-8 3. South: Vacant, zoned R-4 (Future Commercial Development); Single-family homes, Bridgetower Crossing Subdivision No.7&9, zoned R-8 & R-4 4. East: Single-family homes, Fulfur Subdivision No.3 (aka -Lochsa Falls), zoned R-4 d. History of Previous Actions: The subject property was previously approved for 171 multi- family dwelling units in 2002 with the Lochsa Falls Planned Development. The Development Agreement (DA) for this property requires Conditional Use Permit (CUP) approval prior to construction of the multi-family units. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: N Goddard Creek Way Location of water: N Goddard Creek Way Selway Multi-family Development CUP-07-016; PS-07-007 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 20, 2007 Issues or concerns: 1.) Depending on fire flow requirements a third water connection maybe required to Lochsa Falls Office/Commercial 2. Floodplain: N/A 3. Canals/Ditches Irrigation: N/A 4. Hazards: Staff is not aware of any hazards associated with this property. 5. Size of Property: 10.1 acres 6. Gross Density: 17 units per acre £ Landscaping (see Analysis below for more details): 1. Width of street buffer(s): N/A (existing on Goddard Creek) 2. Width of buffer(s) between land uses: N/A (a land use buffers will be required on the parcel to the south when/if it develops with non-residential uses.) 3. Percentage of site as open space: The applicant states that 17% (74,782 sq. ft.) of the site is being set aside for common open space. 4. Other landscaping standards: Landscaping adjacent to micro-paths should comply with UDC 11-3B-12. g. Amenities: For multi-family developments with more than 100 units, the decision making body shall require additional amenities commensurate to the size of the development (UDC 11-4-3.27D-2d). There are 171 units proposed in this development. As a reference for multi- family developments with 75 units or more, 4 amenities are required, with at least one from each category (Quality of Life, Open Space, and Recreation). The applicant is providing amenities as follows: 2,500 square-foot community club house and fitness facility (Quality of Life), property management office, storage building, development map/directory (Quality of Life), pool and hot tub (Recreation), 5 foot walking trails around the perimeter of the property (Recreation), covered picnic area with barbeques (Quality of Life) and 2,000 square foot tot lot (Recreation) and open space (Open Space). See Analysis below for more information regarding amenities. h. Off-Street Parking: UDC 11-3C-6A requires multi-family dwellings with one bedroom to provide two spaces, one covered and one uncovered and 2 or more bedrooms to have atwo- car covered carport or garage for each unit. The submitted site layout does propose covered parking spaces and garages for all of the multi-family dwellings. The site plan complies with the off-street parking requirements of the UDC. i. Conditional Use Information: 1. Non-residential square footage: 2,500 square feet (Community Clubhouse) & storage building 2. Proposed building height: Varies; R-4 District allows a maximum 35 feet 3. Percentage of site devoted to building coverage: 18% 4. Percentage of site devoted to landscaping: 45% 5. Percentage of site devoted to paving: 36% 6. Percentage of site devoted to other uses: 17% useable common open space 7. Number of Residential units: 171 Selway Multi-family Development CUP-07-016; PS-07-007 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 20, 2007 j. Proposed and Required Residential Standards: The subject is currently zoned R-4 which is primarily a single family residential zoning district. If the subject CUP is approved, the applicant should request a rezone to R-40 which is consistent with the Future Land Use Map designation for this property and is representative of the proposed multi-family residential land use. R-4 Standards Setbacks (measured to perimeter property line) Proposed Required Front Living Area to street 36 25 Side 15' S & 23' N 5 Rear 15 15 Maximum building height 3 stories 35 k. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The applicant is proposing private street access for this development. There is one private street connection to N. Goddard Creek Road. The private street system provides access and an interconnected looping circulation system throughout the development. It also allows for future connectivity to the vacant commercial parcel to the south. As of the print deadline for this report, staff has not received written comments from ACHD. ACHD staff verbally indicated that they had no issues with the proposed development. When they are received, staff will add ACHD's comments and conditions to Exhibit B. 7. AGENCY COMMENTS MEETING On August 31, 2007, staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police, and Public Works Department. 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 "High Density Residential" on the Meridian Comprehensive Plan Future Land Use Map. According to the Comprehensive Plan, the purpose of this designation is to allow for the development ofmulti-family homes in areas where urban services are provided. Residential densities may exceed eight dwelling units per acre. This residential development might include duplexes, apartment buildings, town homes and other multi-unit structures. Other uses within the development may be considered under a planned development permit process. A desirable project would consider the placement of parking areas, fences, berms and other landscaping features to serve as buffers between neighboring uses. 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) 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. Selway Multi-family Development CUP-07-016; PS-07-007 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 20, 2007 • The subject lands are currently serviced by the Meridian Library District. This service will not change. • The subject lands currently lie within the City's urban service planning area and is serviced by Meridian City Fire Department. This service will not change. • The subject lands currently lie within the jurisdiction the Meridian Police Department (MPD). This service will not change. • The subject site can be serviced by the City of Meridian's sanitary sewer and water system. 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 C, Action 1: Protect existing residential properties from incompatible land use development on adjacent parcels. North of the site is an existing single family development. East of the site is a single family subdivision. West of the site is also single family residential. The parcel to the South is currently vacant, but planned for commercial development. Although the subject project is denser than any of the adjacent projects, it does provide a transition between the proposed commercial project to the south and the single family homes to the north. The duplexes located along the northern property boundary are designed to emulate two story single family residential homes and provides screening for the interior portion of the development, which include three story structures. Although staff believes that multi family development is a compatible land use based on the Comprehensive Plan land use designation, staff believes an additional elevation and landscaping buffering is needed along the northern portion of the property (see Analysis below). Chapter VII, Goal IV, Objective D, Action 5: Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.). The applicable landscape buffer has already been installed along Goddard Creek Road. • Chapter VI, Goal II, Objective A, Action 3: Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land-use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications generally comply with the applicable policies listed in the literature noted above. • Chapter VI, Goal II, Objective A, Action 6: Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The adjacent projects have not provided opportunities for the subject site to provide vehicular connectivity (no stub streets). The applicant is proposing a private loop street Selway Multi-family Development CUP-07-016; PS-07-007 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 20, 2007 system within this development. The private street is shared with the future commercial development to the south. One connection to N. Goddard Creek Way is proposed. Staff is generally supportive of the vehicular connectivity proposed. 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 adjacent project to the north has provided an opportunity for a pedestrian connection to this property. The applicant is providing pedestrian connectivity internally as well as to the Fulfer Subdivision No. 7 to the north. The applicant is also proposing to construct an internal pathway system for recreational use. Staff is requiring the applicant to provide pedestrian connectivity to the future commercial parcel to the south as well. • 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. The site currently is enclosed on three sides. Additional fencing is only needed along the southern property line. Staff recommends that the Commission rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's development request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Residential Districts: UDC Table 11-2A-21ists multi-family development as a use not allowed in the R-4 zone; however this multi-family development was originally approved in 2002 with the Lochsa Falls Planned Development as a use exception. Staff recommends the applicant rezone the parcel to R-40 so that the use conforms to the zoning district and so that the zoning map will accurately depicts this use. The R-40 zoning district is the most appropriate zoning district for the density of 17 dwelling units to the acre that is being proposed. b. Purpose Statement of Zone: MEDIUM-LOW DENSITY RESIDENTIAL DISTRICT (R-4) 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 2 Article D. c. Multifamily Development (UDC 11-4-3.27) The following standards shall apply for the multifamily units, including standards for Site Design, Common Open Space, Site Amenities, Selway Multi-family Development CUP-07-016; PS-07-007 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 20, 2007 Architectural Character, Landscaping, and Maintenance. Site design (UDC 11-4-3.27B): The building shall provide a minimum setback of ten feet unless a greater setback is otherwise required by this title. Building setbacks shall take into account windows, entrances, porches and patios and how they impact adjacent properties. All site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from the public street. A minimum of 80 square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. For the purposes of this Section, vehicular circulation areas, parking areas and private useable open space shall not be considered common open space. The parking shall meet the requirements set forth in Chapter 3 of this Title. Developments with 20 units or more shall provide the following: a property management office, a maintenance storage area, a central mailbox location, a directory and map of the development at an entrance or convenient location for those entering the development. Common open space design requirements (UDC 11-4-3.27C): A minimum area of outdoor common open space shall be provided as follows: a) 150 square feet for each unit containing 500 or less square feet of living area; b) 250 square feet for each unit containing more than 500 square feet and up to 1,200 square feet of living area; and c) 350 square feet for each unit containing more than 1,200 square feet of living area. Common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a constructed barrier at least 4 feet in height. Site development amenities (UDC 11-4-3.27D): All multifamily developments shall provide for quality of life, open space and recreation amenities to met the particular needs of the residents as follows: a) Quality of Life (clubhouse, fitness facility, enclosed bike storage, and public are such as a statue); b) Open Space (open grassy area of at least 50 by 100 feet in size, community garden, ponds or water features, and plazas); and c) Recreation (pool, walking trails, children's play structures, and sports courts). The number of amenities shall depend on the size of the multifamily development as follows: For multifamily developments with 75 units or more, 4 amenities shall be provided, with at least 1 from each category. For multifamily developments with more than 100 units, the decision-making body shall require additional amenities commensurate to the size of the proposed development. Architectural Character (iTDC 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. Selway Multi-family Development CUP-07-016; PS-07-007 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 20, 2007 Main entrances, which are the primary point(s) of entry where the majority of building users will enter and leave, shall be designed as an obvious entrance and focal point of the building through architectural treatment, lighting, and address identification. Entrances shall be adequately covered, recessed, or treated with a permanent architectural feature in such a way that weather protection is provided. Roof forms shall be distinctive and include variety and detail when viewed from the street. Sloped roofs shall have a significant pitch. Flat roofs should include distinctive cornice treatments. Exterior building materials and finishes shall convey an impression of permanence and durability. Materials such as masonry, stone, stucco, wood, terra cotta, and the are encouraged. Windows are required to allow views to exterior activity areas or vistas. Windows shall be provided on any building facing any common area used for children's recreation. All roof and wall-mounted mechanical, electrical, communications, and service equipment should be screened from public view from the adjacent public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means. Landscaping (UDC 11-4-3.27.F): Development shall meet the minimum landscaping requirements in accord with Chapter 3 of this Title. All street-facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: The landscaped area shall be at least three feet wide; for every three lineal feet of foundation, an evergreen shrub having a minimum mature height of twenty-four inches shall be planted; and groundcover plants shall be planted in the remainder of the landscaped area. Maintenance and Ownership (UDC 11-4-3.27.G): All multifamily developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including but not limited to structures, parking, common areas, and other development features. Outdoor storage/refuse areas (UDC 11-3A-12): Outdoor utility meters, HVAC equipment, trash dumpsters, trash compaction and other service functions shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. 10. ANALYSIS As submitted, the subject applications appear to substantially comply with the Unified Development Code and the Comprehensive Plan. In each section below, staff has provided analysis regarding the proposed development. Selway Multi-family Development CUP-07-016; PS-07-007 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 20, 2007 CUP/PS Applications: Multi-family Standards: The UDC has several specific standards that apply to multi-family developments (See Section 9 above for a complete list.) These standards apply to Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. Below are some of the multi-family and general design standards that the applicant should be required to comply with. Density: As noted on the Comprehensive Plan Future Land Use Map, this area is designated High Density Residential. This designation anticipates densities exceeding 8 dwelling units to the acre in this area. The applicant is proposing a density of 17 dwelling units to the acre. If the subject CUP is approved, Staff recommends the applicant apply to rezone the parcel to R- 40 to be consistent with the Future Land Use Map designation. The R-40 zoning district is also more appropriate for the density of 17 dwelling units to the acre the applicant is proposing. Landscaping: The landscape plan prepared by Leatham, Krohn, Vanocker Architects, on 7-10-07, labeled Sheet L-1 substantially complies with the requirements of the UDC. Staff recommends that the following modifications/notes be made to the plan: The applicant is proposing a 20-foot wide landscape strip along the north property line. Except where the single-story storage units are proposed, the applicant is proposing an approximately 40- foot wide landscape strip along the west property line (the storage units are set back approximately 15 feet). These landscape areas have pretty dense vegetation and the applicant is proposing several 3" caliper deciduous trees (2" is typical). However, because the City has received several complaints from adjacent property owners regarding this development, staff believes that it is appropriate to provide a wider and denser landscape buffer to the north and west; a minimum 25-foot wide landscape buffer should be constructed along the north and west property lines (NOTE: Private useable areas (patios, decks, etc.) may be allowed in the landscape buffer, but HVAC units shall be prohibited in this landscape buffer; move to the side of the duplexes). Landscaping in these areas should be consistent with the land use buffer requirements listed in UDC 11-3B-9, so as to create a solid landscape barrier to the existing single-family homes when the trees mature. Further, a berm shall be constructed and all deciduous trees within the north and west landscape areas shall be a minimum 3" caliper. If additional landscaping (open space) is added to the north and west, as noted, Staff believes that the proposed landscaping is sufficient for this project. Private Useable Open Space: UDC 11-4-3.27B requires a minimum of 80 square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. The applicant has shown, on the floor plans, that each dwelling unit will be provided with at least 80 square feet of private open space in patios (lower level units) and balcony/decks (upper level units. Staff is supportive of the applicant's proposal. Parking: UDC 11-3C-6A requires multi-family dwellings with one bedroom to provide two spaces, one covered and one uncovered and 2 or more bedrooms to have atwo-car covered carport or garage for each unit. The submitted site layout does propose covered parking spaces and garages for the multi-family dwellings. The applicant is proposing 360 total car parks for the multi-family units; 282 covered, 32 uncovered (including the 18 visitor parking) and 28 garage spaces for resident parking. The applicant complies with the off-street parking requirements of the UDC. Selway Multi-family Development CUP-07-016; PS-07-007 PAGE 11 CTI'Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 20, 2007 Amenities: The applicant is required to provide amenities for the multi-family development. For multi-family developments with more than 100 units, the decision making body shall require amenities commensurate to the size of the development (UDC 11-4-3.27D-2d). As a reference, the UDC requires multi-family developments containing 75 units or more to provide 4 amenities, with at least one from each category (Quality of Life, Open Space, and Recreation). The applicant is providing amenities as follows: 2,500 square-foot community club house and fitness facility (Quality of Life), property management office, storage building, development map/directory (Quality of Life), pool and hot tub (Recreation), 5 foot walking trails around the perimeter of the property (Recreation), covered picnic area with barbeques (Quality of Life) and 2,000 square foot tot lot (Recreation) and open space (Open Space). Staff is generally supportive of the proposed amenities, but believes an additional active amenity should be provided on the west half of this site. If additional landscaping (open space) is added to the north and west, as noted in the Landscaping section above, and an additional active amenity (BBQ area, horseshoe pit, etc) is added in the vicinity of Building 7B, Staff believes that the proposed amenities are sufficient for this project. Staff recommends that the Commission determine if the proposed amenities are appropriate for a development of this size. Elevations: The applicant is proposing several different structures on this site. There are duplexes, 8-plexes, 24-plexes, storage units and a clubhouse. The applicant has submitted building elevations for all of these structures. The storage units (Building H) on the west side of the development are single-story, the duplexes (Building F) on the north side and the 8-plexes (Buildings D & E) are two stories tall, and the 24-plexes (Buildings A, B, C,) are three stories tall. UDC 11-4.3 requires multi-family structures to comply with specific design standards. Staff believes that the elevations submitted with the CUP significantly meet the requirements of the design standards listed in UDC 11-3A-19. However, Staff is not in favor of the vinyl siding being proposed as the primary siding material. Exterior building materials and finishes should convey an impression of permanence and durability. Materials such as masonry, stone, stucco, wood, terra cotta, and the are encouraged. Due to the construction materials being used on the single-family homes in this area, Staff believes the applicant should also use building materials that are more compatible to the surrounding residential neighborhoods. Staff recommends that the Commission prohibit vinyl siding on the buildings in this development. Further, Staff recommends that the applicant, at the public hearing, state what type of siding material will be used instead of the vinyl. There are 5 duplex structures proposed on the north side of this site. All of the proposed duplexes are two-stories and are the same building. Staff is supportive of the applicant proposing less- intense structures as a transition to the single-family homes to the north, but recommends that at least one more duplex building elevation be proposed. If the applicant complies with the landscape buffer requirements (see Landscaping above), adds another duplex elevationlbuilding and constructs the buildings with quality materials, staff believes these duplex units can work adjacent to the single-family units to the north. Staff will ensure that when CZC applications are submitted for construction of the multi-family buildings in the fixture that the elevations comply with the UDC requirements and the elevations submitted. Pedestrian Pathways: The adjacent project to the north has provided an opportunity for a pedestrian connection with this property. The applicant is providing pedestrian connectivity internally as well as to the Fulfer Subdivision No. 7 to the north. The applicant is also proposing to construct an internal pathway system for recreational use. Staff believes that the applicant Selway Multi-family Development CUP-07-016; PS-07-007 PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 20, 2007 should also provide a pedestrian connection to the future commercial parcel to the south, near the southwest corner of this project. Pathways should be constructed in accordance with UDC 11-3A-8 (construction) and UDC 11-3B (landscaping). Multi-family Setbacks: The UDC does not have a specific setback between internal multi-family units. The submitted site plan shows setbacks that exceed the minimum setback requirements of the R-4 zoning district. Refuse Areas: The Sanitary Services Company (SSC) has not commented on the proposed dumpster locations or design. Staff encourages the applicant to contact SSC for further comment on enclosure design and location prior to submitting for a CZC. Open Space: Open space is defined 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, community centers or other recreational facilities. The term shall not include streets, parking areas, or structures of habitation (UDC 11-1A). UDC 11-4-3.27C requires a minimum area of outdoor common open space shall be provided as follows: a) 150 square feet for each unit containing 500 or less square feet of living area; b) 250 square feet for each unit containing more than 500 square feet and up to 1,200 square feet of living area; and c) 350 square feet for each unit containing more than 1,200 square feet of living area. 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. The units for the proposed multi-family development range in size from 922 square foot one bedroom, one bath units to 1,167 square foot, three bedroom, two bath units. The UDC requires 250 square feet for each unit containing between 500 and 1,200 square feet of living area. The proposed development has been approved for 171 units. The minimum amount of open space required per code for the proposed development is 42,750 sq. ft (171 X 250 sq. ft.). The applicant states that 17% (74,782 sq. ft.) of the site is being set aside for common usable open space. Maintenance of all common areas should be the responsibility of the Home Owners' Association(s). Staff believes that the open space proposed complies with the UDC. Street Buffer: A 20-foot wide street buffer is required along North Goddard Creek Way, a collector street (UDC 11-2A-6). UDC 11-3B-7C2a requires all residential street buffers to be located on a common lot maintained by ahome-owners association. The applicable landscape buffer has already been installed with prior subdivision approval. Fencing: The site has existing 6 foot fencing along the west, north and east boundaries of the development. The applicant has not proposed any fencing along the southern portion of the property. Staff recommends that the applicant, at the public hearing, testify as to whether permanent fencing will be provided along the south property line. A detailed fencing plan should be submitted with any future CZC application. If permanent fencing is not provided before issuance of a building permit, temporary construction 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 imgation 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, asingle-point connection to the culinary water system shall be required. If a single-point connection is used, the Selway Multi-family Development CUP-07-016; PS-07-007 PAGE 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 20, 2007 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. The development lies within the Settler's Irrigation District. The applicant states the pressurized irrigation system will be maintained by the Home Owners Association. Private Streets: The applicant is proposing to use a private street to provide access to this development. The private street system provides access to the future commercial development to south and an interconnected looping circulation system throughout the development. The applicant has submitted a Private Street application as required by UDC 11-3F-3. The private street standards are listed in UDC 11-3F and as conditions in Exhibit B. Staff is generally supportive of Private Street proposed for this multi-family development. Opposition/Testimony/Comments: Staff has received several letters and verbal comments from nearby residents requesting denial of this project. Staff has thoroughly reviewed the previous Lochsa Falls Planned Development, Development Agreement, and the subject CUP application and believes that the conditions of approval in Exhibit B incorporate some of the neighbors' concerns and mitigate any adverse impacts this project may have on the surrounding uses. Staff recommends the Planning and Zoning Commission rely on any verbal and written testimony provided for this project when making a decision. Staff recommends approval of CUP-07-016 for the Selway Multi-family Development, as presented in the Staff Report for the hearing date of September 20, 2007, subject to the conditions listed in Exhibit B. 11. EXHIBITS A. Drawings 1. Site Plan (dated: 7-10-07) 2. Landscape Plan (dated: 7-10-07) 3. Elevations (dated: 7-10-07) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department 9. Settler's Irrigation District C. Required Findings from Unified Development Code 1. CUP Findings Selway Multi-family Development CUP-07-016; PS-07-007 PAGE 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 20, 2007 2. Private Street Findings Selway Multi-family Development CUP-07-016; PS-07-007 PAGE 15 A. Drawings 1. Site Plan (dated: 7-10-07) `~ t~ I~ _3 ~ ~~~ _ K, ~~ ~ ~ ~ ~ ~ Sl fix ~~ ~ ~ l"l ~ ~ ~ ~ ~ ff i{ , EE { ~ ~ ~ 1 ;t { i ~f'' #ti~1 ~~ ~~~~~; ,, ,, .. a, 1 rEt=it L Fwd Exhibit A -Page 1 2. Landscape Plan ~L Ck~ _ ~ i ~~ -~~ '~ ~ ~ ~ ~ ~~ ~~ ~~ : l ~ ~ i ,~~;~,~ gaj ~ ~_ !f ~[ ~ ~ ` A {~~~ {~ ~ y~ h a~' ~$ l~ ~~ Ye Y~ 41 F ~ ~ f ~ ~' E' ~• i' F` is .~..... t I t ~~ ~f ~ ~ ~~ F!{ i w~~ i r i s f ~ r aw..x Exhibit A -Page 2 F~ $~ .~'' F~ ~~ ~~ -~ ~ ~~ r ~~ .. , ~ '` ! ~~~ ~ ~~ ~ $ l ~. < s ` : tar.. ~~ ~~ ~ F i iI I. I 1\.1" fI~ 11 ~ t ~ ~ ~ ~ r ~ ~ s ~ i ~ .~ t ~ ~~ ~~~ ~ ~ ~ p. P. ~. r= r, o; ~ Exhibit A -Page 3 3. Building A & B Elevations Building C & D Elevations Exhibit A -Page 4 t Z i~ t I z aq '~~~~ N Building E & F Elevations 3 a 1 t is .R,~,....~.~.a.. ~~~~ b~~~ t ~~ Exhibit A -Page 5 i ~ ~ 1y r .~ W V1 __~~ i -_ ~ f1 I _.i ~ ~_, I ~___ ~. ~~iti (S~~Ei~ z~ r ,~ r i JI •f .K~aw•~pwpgtlA' SekWry AppttmEntf A~nors __. __. n w 40.s„u isr~.wx.ra~~' 1~`'W A~uvaar.~.u.~ 3~ t Exhibit A -Page 6 Building Elevation for Fl 4$ i Yp a ` L. C t 2,fi i ~ i~; ~~~ I i ddd~ R~ i iiiiii~iiiiii i ._ 7~%` ` ., ~~u.~..~.a..... ~.e.~N...y.. SDI 4w.a.rr.we uc Exhibit A -Page 7 Building G and H -Club House and Storage Building Elevations F ix 1~{,~.. ~1 s~ t i __ i S „ E i ~~ i 4 Exhibit A -Page 8 B. Conditions of Approval 1.1 SITE SPECIFIC REQUIREMENTS 1.1.1 The Applicant shall comply with all applicable conditions of approval for Conditional Use Permit (CUP-02-012), Preliminary Plat (PP-02-009), Annexation (AZ-02-110), and Development Agreement (instrument # 103012598) of the Lochsa Falls Subdivision and the Selway Final Plat (FP-07-018). 1.1.2 Prior to issuance of a Certificate of Zoning Compliance (CZC) application, submit a rezone application to the Planning Department for the subject property. Said rezone application shall request the R-40 zoning designation. 1.1.3 The site plan prepared by Leatham Krohn Vanocker Architects, dated July 10, 2007, is approved with the conditions listed herein. 1.1.4 The landscape plan prepared by Leatham Krohn Vanocker Architects, dated on July 10, 2007, is approved with the conditions listed herein. ErieS-The landscaping_buffer along the north side shall be 24 feet wide measured from property line to ground floor with an allowance of two feet of projections for the second floor. Additional trees shall be planted in the west and north buffers with planting of trees touching at 80% of maturity.(NOTE: Private useable areas (patios, decks, etc.) may be allowed in the landscape buffer,'~••* Tom' ^ ~' ° °^* °''°"''° ° ~~'~~`°a ~~ `'~~° .Landscaping in these buffer areas shall be consistent with the land use buffer requirements listed in UDC 11-3B-9, as to create a solid landscape barrier to the existing single-family homes when the trees mature. Bermes • Provide landscape islands at the ends of the parking rows within the development. Said islands shall contain at least one tree. All internal landscaping shall be constructed in accordance with UDC 11-3B-8C2. All areas approved as open space shall be free of wet ponds or other such nuisances. All storm water 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 storm water 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 building or developable area. A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to final occupancy being granted. All standards of installation shall apply as listed in UDC 11- 3B-14. Pathways shall be constructed in accordance with UDC 11-3A-8 (construction) and UDC 11-3B (landscaping). 1.1.5 Provide private streets, and private street signs (including one at the Goddard Creek intersection), within the multi-family development. Said private streets shall comply with the standards listed for Private Streets in UDC 11-3F, and be constructed 26-feet wide, and have 28' inside and 48' outside turning radii. Provide across-access/ingress-egress easement for the parcel to the south to Exhibit B -Page 1 use the private streets as access to the public street system (at N. Goddard Creek Way). Prior to the occupancy of the first building on this property, provide a copy of a recorded cross- access/ingress-egress easement (or agreement). 1.1.6 Provide at least 360 parking stalls for the multi-family units; 282 covered, 32 uncovered (including the 18 visitor parking) and 28 garage spaces, as proposed. 1.1.7 Provide an additional pedestrian access (stub) to the vacant commercial property, located near the southwest corner of the site. Connect to the existing_pedestrian pathway in the residential subdivision to the north. 1.1.8 Provide at least 80 square feet of private, useable open space, such as a patio or balcony/deck, for each multi-family dwelling unit, as proposed on the floor plan. 1.1.9 Provide the following: a property management office, a storage area, a central mailbox location, a directory and map of the development at an entrance or convenient location for those entering the development. 1.1.10 Provide amenities as follows: a minimum 74,782 sq. ft of open space, a 2,500 square-foot community club house and fitness facility (Quality of Life), storage building, pool and hot tub (Recreation), 5 foot walking trails around the perimeter of the property (Recreation), covered picnic area with barbeques (Quality of Life), a 2,000 square foot tot lot (Recreation) and open space (Open Space), as proposed. In addition, provide an additional active amenity (BBQ area, horseshoe pit, etc) in the vicinity of Building 7B. Except for the landscaping directly around the structures, all amenities shall be completed prior to occupancy of the third building in the development. 1.1.11 Maintenance of all common areas shall be the responsibility of the developer or assigns. Record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including but not limited to structures, parking, common areas, private streets, and other development features. 1.1.12 Building setbacks, separation between proposed structures shall comply with the Building Code and Fire Code. 1.1.13 Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant shall be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.1.14 As determined by the Planning Director, the multi-family buildings, storage building and clubhouse constructed on this site shall substantially comply with the renderings submitted to the City with the CUP application, and as modified by the conditions of approval herein. All roof and wall-mounted mechanical, electrical, communications, and service equipment shall be screened from public streets and properties by the use of parapets, walls, fences, enclosures, or by other Exhibit B -Page 2 suitable means. Further, all buildings shall comply with the architectural standards of UDC 11-4- 3.27E. 1.1.15 Vinyl siding is prohibited on buildings in this development. Exterior building materials and finishes shall convey an impression of permanence and durability. Materials such as masonry, stone, stucco, wood, terra cotta, and the are encouraged. Change/variation in material type is required. The developer shall use building materials mentioned above and incorporate those building materials into the facades of the multi-family structures. Said facades shall be compatible with the surrounding residential structures. All buildings on the site shall be constructed of Hardie Plank sidin (g_wide plank, narrow plank and board and batten) with stone accents as submitted with this CUP application and approved by the Planning and Zoning Commission. 1.1.16 Propose and construct a different duplex building (type) for two of the five duplexes proposed on the north side of the site, so that there is variation in elevation. Said duplexes shall be consistent with, but not the same as the proposed Building F. 1.1.17 No building or 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) permit from the Meridian Planning and Zoning Department. NOTE: Multiple multi-family buildings maybe contained in a single CZC permit. 1.1.18 Prior to CZC issuance, provide assurances that construction debris will not blow off of the property by either having a debris maintenance plan or providing temporary construction fencing. 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. 1.1.20 , °~~^ ^°*~^^ ^a '~^a~°~~~~^ °'~~" ''° ~r°*~"°~ Prior to obtaining the first Certificate of Occupancy, all landscaping along the north and west propertv lines shall be installed. Prior to obtaining an~pancy for any building, all development improvements such as irri ag tion, parking~and landscaping shall be installed on that building s 1.1.21 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.1.22 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. 1.1.23 Comply with all of ACHD's requirements and conditions for this project. 1.1.24 All trash enclosures within the proposed development be constructed of split face block on three sides 6 feet in height with off-set metal ag tes. 1.1.25 Vinyl fencing shall be constructed along the south side of the propertv. 1.1.26 All lighting within the development shall be in accordance with UDC 11-3A-11. The outdoor lighting shall have downward shielding on the building and perimeter li ting and shall not impact the surroundin single-family residences. Exhibit B -Page 3 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in N Goddard Creek Way. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in N Goddard Creek Way W. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The applicant shall provide a 20-foot common lot for all public waterlsewer mains outside of public right of way. The common lot shall be covered with a blanket easement to the City of Meridian. 2.4 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat. The description shall be consistent with the graphically depicted easements on the plat but be recorded as a separate document using the City of Meridian's standard forms. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). 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, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.6 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.7 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-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.8 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells maybe used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.9 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. Exhibit B -Page 4 2.10 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 and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.11 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.12 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.13 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.14 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. 2.15 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.16 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.17 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.18 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. 2.19 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.20 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. Fire Department 3.1 One and two family dwellings not exceeding 3,600 square feet will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. One and two-family dwellings greater than 3,600 square feet will require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire hydrants spacing shall be provided as required by International Fire Code Appendix C. 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 of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. Exhibit B -Page 5 d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. i. Fire sprinklers required for four-plexes. 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 temporary approved turn around on streets greater than 150 feet in length with no outlet. 3.5 All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.6 For all Fire Lanes, paint the curb red and provide signage "No Parking Fire Lane". 3.7 Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 3.8 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. 3.9 Building setbacks shall be per the International Building Code for one and two story construction. 3.10 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 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. 3.11 Maintain a separation of 5' from the building to the dumpster enclosure. 3.12 The first digit of the Apartment/Office Suite shall correspond to the floor level. 3.13 Provide a Knox box entry system and gate for the 20' fire lane (not ballards) for the complex prior to occupancy. 3.14 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.15 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.16 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.17 The applicant shall work with the Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.18 Pool chemicals shall be stored in compliance with the International Fire Code. Exhibit B -Page 6 3.19 All portions of the buildings located on this project must be within 150 feet of a paved surface as measured around the perimeter of the building. 3.20 There shall be a fire hydrant within 100 feet of all fire department connections. 3.21 Buildings over 30 feet in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105 (26-feet wide). 3.22 Emergency response routes and fire lanes shall not be allowed to have speed bumps. 3.23 Approved fire apparatus access roads to be 20 feet wide improved gravel surface capable of supporting 50,000 GVW and shall be provided to all athletic fields, concession stands and pathways. Approved water supply shall be provided to all structures. Plans and specifications shall be provided for review and approval. 3.24 Multi-Family and Commercial projects shall be required to provide additional 60 inch wide access point to the building from the fire lane to allow for the movement of manual fire suppression equipment and gurney operations. The unobstructed breaks in the parking stalls shall be provided so that building access is provided in such a manner that the most remote part of a building can be reached with a length of 150 feet fire hose as measured around the perimeter of the building from the fire lane. Code compliant Handicap parking stalls may be included to assist meeting this requirement. Contact the Meridian Fire Department for details per IFC Section 504.1. 3.25 All R-2 occupancies with 3 or more units or with 3 floors shall be required to be fire sprinklered. Full NFPA 13 sprinkler system will be required because of proposed building height and limited access with the single entry into development. 3.26 The developer shall provide a Knox Box at the front entrance sign of the development. 4. Police Department 4.1 Prior to release of building permits, the applicant shall submit a parking plan for all off-street parking in the multi-family development to the Planning Department. All parking spaces shall be assigned to a specific dwelling unit or for guest use. The parking space identification shall use a different numbering system than the dwelling units. 4.2 The proposed multi-family dwellings show more than 4 units that share a common entrance and/or stairwell. Such configurations are a safety concern. Prior to the next public hearing, the applicant shall meet with the Police Chief to address these concerns and revise the plans as necessary. 4.3 The proposed development shall limit landscaping shrubs and bushes to species that do not exceed two feet in height. Trees shall have a canopy of no less than six feet. 4.4 To increase emergency access to the site, the applicant shall provide a stub street to the south west corner of the property for temporary access to W. McMillan Rd. 5. Parks Department 5.1 No comments received. Exhibit B -Page 7 6. Sanitary Service Company 6.1 No comments received. 7. Ada County Highway District (forthcoming) Site Specific Conditions of Approval 7.1 Standard Conditions of Approval 7.1b 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. 7.4b Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.Sb 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 ACRD 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. 7.1 Ob 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. 7.1 lb 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 Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. Exhibit B -Page 8 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 confirmation 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 subject 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. Settler's Irrigation District 9.1 All irrigation /drainage facilities along with their easements must be protected and continue to function. 9.2 A Land Use Change Application must be on file prior to any approvals. 9.3 A license agreement MUST be signed and recorded prior to construction of any S.I.D. facilities. 9.4 Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 9.5 All storm drainage must be retained on-site. 9.6 The development must supply irrigation access to all lots within the above-mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre- construction meeting. Exhibit B -Page 9 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. 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. Commission finds that the proposed use is in general conformance with the comprehensive plan (please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). C. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Commission finds that the general design (as amended), 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. 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.} Staff recommends that the Commission 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. 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 ACRD 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. Exhibit C -Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 16, 2006 Commission finds 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. 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. 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. Commission does not believe that the amount of traffic or noise generated will be detrimental to the general welfare of the public. Staff recommends that the Commission 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 are 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. Commission finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. Staff recommends that the Commission reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. 2. Private Street Findings: A. The Design of the private street meets the requirements of this Article; The applicant will have to certify that the Ada County Street Naming Committee has accepted the private street names. The design of the streets meets the standards as set forth in UDC 11-3F-4; no gates are allowed. Roadway and storm drainage shall be contained on site. 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 Commission does not anticipate any hazard, nuisance or other detriment from the private streets if they are constructed and maintained as designed. C. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. The location of the private street does not conflict with the Comprehensive Plan and/or the regional transportation plan. Exhibit C -Page 2