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Shallow Creek AZ-14-008 PP-14-008 CUP-14-005CITY OF MERIDIAN E IDIAN�-- FINDINGS OF FACT, CONCLUSIONS OF LAW �— C� AND IDAHO DECISION & ORDER In the Matter of Annexation of 6.61 Acres to the R-15 Zoning District, Preliminary Plat Consisting of 17 Buildable Lots and 2 Common Lots; AND Conditional Use Permit for a 64 -unit Multi -family Development for Shallow Creek Subdivision, Located on the Southeast Corner of S. Locust Grove Road and E. Franklin Road, by A Team Land Consultants Case No(s). AZ -14-008, PP -14-008 and CUP -14-005 For the City Council Hearing Date of. September 2, 2014 (Findings on September 16, 2014) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 2, 2014, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 2, 2014, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 2, 2014, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 2, 2014, incorporated by reference) B. Conclusions of Law I . The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title I 1 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-008, PP -14-008 & CUP -14-005 -1- 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of September 2, 2014, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for annexation, preliminary plat and conditional use permit is hereby approved per the conditions of approval in the attached Staff Report for the hearing date of September 2, 2014, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11 -6B -7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-613-7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 1I - 6B -7C). Notice of Two (2) Year Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two (2) year period. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-008, PP -14-008 & CUP -14-005 -2- Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-513-617). Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting the modification (UDC 11-513-3F.2). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11-513-317.3). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application 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. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board 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 2, 2014 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-008, PP -14-008 & CUP -14-005 -3- By action of the City Council at its regular meeting held on the �� day of , 2014. COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED COUNCIL VICE PRESIDENT KEITH BIRD VOTED COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Ta de Weerd v�O`p,TGBA GGS77J-. Attest: z City of EDfc ��®weao aycee o man, City Clerk �Fy SE -NL r� E° ��ri�. TRE aS�1R Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. By"�f\� � ----:> � Dated: City Jerks ce n CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-008, PP -14-008 & CUP -14-005 -4- EXHIBIT A STAFF REPORT HEARING DATE: September 2, 2014 (: M`ERjDIAN%­ (Continued from July 22, and August 19, 1 A H O 2014) TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager (208) 887-2211 SUBJECT: Shallow Creek— AZ 14-008, PP -14-008 and CUP -14-005 I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant has applied for annexation of 6.61 acres of land from the RUT zoning district in Ada County to the R-15 zoning district; preliminary plat consisting of eighteen (18) buildable lots and two (2) common lots on approximately 5.85 acres and; a conditional use permit (CUP) for a multi -family development consisting of seventeen (17) four-plex structures, totaling sixty-eight (68) dwelling units. (See Section 9 for further analysis) II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ, PP and CUP with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report. The Meridian Planning and Zoning Commission heard these items on June 19.2014. At the public hearing, the Commission voted to recommend annroval of the subiect AZ. PP and CUP requests. a. Summary of Commission Public Hearing: L In favor: Steve Arnold ii. In opposition: None iii. Commenting: Rod Cullip, Helen and Dale Sharp, John and Mary Ann Duncan and Melanie Hensmen (all in opposition) iv. Written testimony: Steve Arnold v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key Issues) of Discussion by Commission: L The land use designation of the property to the east. ii. Development in the flood plain. c. Key Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: L None plow I oil I 1 �► 1 I ' 1 I' I 1 11 1 111_11 11 X11• Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 1 EXHIBIT A III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -14- 008, PP -14-008 and CUP -14-005, as presented in the staff reportfor the hearing date of September 2, 2014, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -14-008, PP -14-008 and CUP -14-005, as presented during the hearing on September 2, 2014, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Numbers AZ -14-008, PP -14-008 and CUP -14-005 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the southeast corner of S. Locust Grove Road and E. Franklin Road in the NW '/4 of Section 17, Township 3N., Range 1 E. (Parcel No. S 1117223430) B. Applicant/Owner: BCS Properties, LLC 1341 S. Spring Valley Nampa, ID 83686 C. Representative: Steve Arnold, A Team Land Consultants 1785 S. Whisper Cove Avenue Boise, ID 83709 Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 2 jy, Written testimony: None L Staff presenting application: Bill Parsons yL Other staff commenting on annlication: Bill Nary L Key Issues of Discussion by Council: L The density of the proposed development jj, The lack of children amenitim jjj, A single access into the proposed development jy, Development within the flood plain and floodway. y, Perimeter fencing along the north and east boundaries. r, Key Council Changes to Staff/Commission Recommendation >i Council modified DA provision a. restricting the use of the property to 64 multi -family _ units. ji. fammil modified DA provision d. requiring the development of 3.82 acres of open U Council added a new condition of approval requiring the construction of a 4 -foot tall wrought iron fence and 2 -foot tall cinder block wall combination along the north and east boundary. jy, ouncil modified condition of approval 1.5.2. bullet #2 adding the requirement of a poo amenfty and the inclusion of a covered patio with the clubhouse design. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -14- 008, PP -14-008 and CUP -14-005, as presented in the staff reportfor the hearing date of September 2, 2014, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -14-008, PP -14-008 and CUP -14-005, as presented during the hearing on September 2, 2014, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Numbers AZ -14-008, PP -14-008 and CUP -14-005 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the southeast corner of S. Locust Grove Road and E. Franklin Road in the NW '/4 of Section 17, Township 3N., Range 1 E. (Parcel No. S 1117223430) B. Applicant/Owner: BCS Properties, LLC 1341 S. Spring Valley Nampa, ID 83686 C. Representative: Steve Arnold, A Team Land Consultants 1785 S. Whisper Cove Avenue Boise, ID 83709 Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 2 EXHIBIT A D. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject applications are for annexation, a preliminary plat and a conditional use permit. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 2, and 16, 2014 (Commission); June 30 and July 14, 2014 (Council) C. Radius notices mailed to properties within 300 feet on: May 22, 2014 (Commission); June 26, 2014 (Council) D. Applicant posted notice on site by: June 9, 2014 (Commission); July 11, 2014 (Council) VI. LAND USE A. Existing Land Use(s): The site is currently vacant undeveloped property. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Pasture, County residence and undeveloped commercial property, zoned RUT and C -G South: LDS Stake Center, zoned C -N East: County residences and pasture, zoned RUT West: Single family residence and ACHD drainage pond, zoned R-40 C. History of Previous Actions: NA D. Utilities: a. Location of sewer: A sanitary sewer main intended to provide service to the subject site currently exists in S. Locust Grove Road. b. Location of water: A water main intended to provide service to the subject site currently exists in S. Locust Grove Road. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: The Five Mile Creek transverses the property. 2. Hazards: See comments below. 3. Flood Plain: The property is encumbered by both a flood plain and floodway. VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Mixed-use Community" on the Comprehensive Plan Future Land Use Map. The mixed-use area anticipates densities between six (6) and fifteen (15) dwellings per acre. The proposed site plan depicts 68 dwelling units on 5.85 acres for a total gross density of 11.6 dwelling units/acre which falls within the density parameters stated in the Comprehensive Plan. In a typical mixed use area, the Comprehensive Plan envisions a mix of non-residential and residential uses that are interrelated. However, this site is encumbered by a natural waterway (floodway) which limits the potential to have a true mixed use project. When analyzing the surrounding parcels along the Franklin and Locust Grove Corridor, staff believes there will be other Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 3 EXHIBIT A opportunities in the future for adjacent properties to development with non-residential uses to complement the proposed multi -family development. Given the site constraints of this parcel and its proximity to an established street network, staff believes a single use such as the proposed multi -family development is favorable for this site. Therefore, staff finds that the proposed development is consistent with the Comprehensive Plan. Staff also finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • "Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi -family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development." (3.07.03B, pg. 56) Stafffinds that this location is ideal for a multi family development because of its proximity to services and transit along Locust Grove and Franklin Road Corridors. • "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.0 IF, pg. 45) City services will be provide and extended with the development of this site. • "Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system." (3.03.03B, pg. 48) A segment of the City's pathway is proposed to be constructed with the multi family development. Although this connection will not tie into an existing network; this pathway will connect with the Woodbridge Subdivision pathway in the future. • "Encourage infill development in vacant/undeveloped areas within the City over fringe area development to halt the outward progression of urban development.:" (5.01.02B, pg. 69) The proposed development is an infill project consistent with this objective. • "Elevate quality of design for houses and apartments; evaluate the need for design review guidelines for single-family homes." (3.07.020, pg. 56) The structures within the proposed development will be subject to the design standards in UDC I1 -3A-19 and the guidelines in the Meridian Design Manual. • Reduce the number of existing access points onto arterial streets by using methods such as cross access agreements, access management and frontage/backage roads (3.03.02N, Chapter 3, page 48). Access to site will be provided from single driveway connection to S. Locust Grove Road. Due to the number of constraints on the property no other access is proposed nor is cross access being required to any of the surrounding properties. "Require common area in all subdivisions." (3.07.02F) The applicant is required to provide a minimum of 10% qualified open space as set forth in UDC 11-3G-3. The submitted plat depicts plats 22.5% (or 3.85 acres) of common open space. The proposed subdivision is in compliance with the common area requirement. • "Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and Jackson and Evans drainages) throughout commercial, industrial and residential areas." (5.01.01E) Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 4 EXHIBIT A The Five Mile Creek is proposed to be improved as an amenity with a 10 foot wide pedestrian pathway. The applicant will have to coordinate with the City, irrigation district and the Army Corp of Engineers for the improvements to Five Mile Creek. Based on the above analysis, staff is supportive of the proposed development as it is generally consistent with the comprehensive plan. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. 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. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the permitted, accessory, conditional, and prohibited uses in the proposed R-15 zoning district. The proposed multi -family development is listed as a conditional use in the R-15 zoning district. The specific use standards listed in UDC 11-4-3-27 for multi -family developments apply to development of this site. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district apply to development of this site. D. Landscaping Standards: 1. Per UDC 11-3G-3, the plat is required to provide 10 percent open space and one amenity for every 20 acres of development area. 2. The proposed 10 -foot multi -use pathway shall comply with the design standards in accord with UDC 11-3A-8 and UDC 11-3B-12. 3. Parking Lot Landscaping: All parking lot landscaping must comply with the standards set forth in UDC 11-313-8C. 4. A 25 -foot wide landscape buffer is required adjacent to E. Franklin Road and S. Locust Grove Road in accord with UDC Table 11-2A-7. The landscape buffers must comply with the standards set forth in UDC 11 -3B -7C. E. Parking Standards: UDC 11 -3C -6A requires off-street vehicle parking to be provided on the site. For one bedroom units, 1.5 vehicle parking spaces are required per dwelling unit; at least one in a covered carport or garage. For 2-3 bedroom units, 2 parking spaces; at least one in a covered carport or garage. The clubhouse will require one space per 500 square feet of gross floor area in accord UDC 11-3C-613. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: ANNEXATION (AZ): The applicant has applied to annex and zone a total of 6.61 acres of land with an R-15 zoning district. As discussed above in Section VII, the proposed zoning is consistent with the corresponding FLUM designation of MU -C. The legal description submitted with the application, included in Exhibit A.2, shows the boundaries of the property proposed to be annexed. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 5 EXHIBIT A The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA is required as a provision of annexation. See Exhibit B for the recommended changes to the development agreement. PRELIMINARY PLAT (PP): The proposed preliminary plat consists of eighteen (18) buildable lots and two (2) common lots on approximately 5.85 acres. The eighteen (18) lots are proposed to develop with seventeen (17) two story four-plex structures containing sixty-eight (68) units and a club house. Lot sizes range in size between 5,403 square feet and 8,190 square feet respectively. All of the lots comply with the minimum lot size of the R-15 zone (see Exhibit A.3). Access: Access to the proposed development is provided from a single curb cut to S. Locust Grove Road. Due to the number of constraints on the property no other access is proposed nor is cross access being required to the east. Both staff and ACHD are supportive of the access to the site. The parking area and the internal drive aisles are proposed as a common lot (Lot 10, Block 1) within the development. Since this common lot provides the public street access, the applicant must add a note on the face of the plat or record a separate document and reference the recorded document number on the face of the plat that identifies a blanket cross access agreement and shared parking agreement for the entire complex. Flood Plain and Floodway: The subject property is encumbered by a flood plain and floodway. Development in the flood plain will require the approval of a flood plain development permit prior to construction commencing on the site. The applicant is also proposing several enhancements and encroachments (e.g. landscaping, pathway, parking and planter islands) in the floodway which may not be allowed without further approvals and study. Staff has coordinated with the City's Flood Plain Administer and if this area is to be enhanced as proposed, the applicant may have to revise the plans based on the review and approval by the City's Flood Plain Administrator and the Army Corp of Engineers. Prior to the submittal of a final plat, the applicant should provide the City's and Corp's approval for development in the floodway. Landscaping: UDC Table 11-2A-7 requires a 25 -foot wide landscape buffer adjacent to Franklin and Locust Grove Roads. The landscape buffers must comply with the standards set forth in UDC 11 -3B -7C. Multi -use Pathway: The City's Master Pathways Plan designates a 10 -foot multi -use pathway to on the subject property. The applicant is proposing a 10 -foot multi -use pathway adjacent to the north and east side of proposed development. The pathway must comply with the standards set forth UDC 11-3A-8 and UDC 11-3B-12. Fencing: The applicant is not proposing to construct any fencing with the proposed development. There is existing fencing along the south boundary of the development installed with the LDS church. Any fencing constructed with this development must comply with UDC 11-3A-7. Ditches, Laterals, and Canals: The Five Mile Creek courses through this site. UDC 11-3A-6 requires natural waterways to be left open as a natural amenity. Irrigation ditches, laterals, canals and drains that are not being used as an amenity must be piped or otherwise covered. The Five Mile Creek is a natural waterway that should be protected and enhanced by leaving it open and constructing a pathway adjacent to it. The applicant is proposing to enhance the Five Creek as envisioned by the Comprehensive Plan; however the applicant is responsible to obtain all of the necessary approvals from the City and the Army Corp of Engineers prior any development occurring on the property. Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 6 EXHIBIT A Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single - point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. CONDITIONAL USE PERMIT (CUP): A conditional use permit is requested for a multi -family development in an R-15 zoning district in accord with UDC Table 11-2A-2. The proposed multi- family development consists of seventeen (17) two-story four-plex structures containing a total of sixty-eight (68) dwelling units. Unit mix includes all two and three bedroom units. The specific use standards for multi -family developments are contained in UDC 11-4-3-27. These standards apply to site design, common open space, site amenities, architectural character, landscaping, and maintenance. The proposed project generally complies with the following standards. a. Setbacks: Buildings shall provide a minimum setback of 10 feet, unless a greater setback is otherwise required by the UDC. (UDC Table 11-2A-7 requires a greater setback of 12 feet in the rear.) All of the buildings along the perimeter are setback in excess of 12 feet in accord with the R-15 dimensional standard. b. Service areas: On-site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer or utility vaults shall be fully screened from view from any public street. The proposed trash enclosures are internal to the proposed development and will have limited visibilityfrom the site in accord with this requirement. c. Private, usable open space: A minimum of 80 square feet of private, usable open space is required 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. All of the units must have 80 square feet of patio space and/or private open space. d. Developments with 20 units or more shall provide the following: A property management office, a maintenance storage area, a central mailbox location (including provisions for parcel mail), and a directory and map of the development at a convenient location. The property management office, maintenance storage area and the directory map are not depicted on the submitted plans and will need to be included to the plans submitted with the certificate ofzoning compliance application. The central mailbox location is located on Lot 17, Block 1. e. Parking: UDC 11 -3C -6A requires off-street vehicle parking to be provided on the site. For 2-3 bedroom units, 2 parking spaces; at least one in a covered carport or garage is required. Based on the unit mix (68- 2 and 3bedroom units), a combined total of 136 covered and uncovered parking stalls are required. The clubhouse will require one space per 500 square feet of gross floor area. The applicant is proposing a 69 covered parking stalls and 67 uncovered parking stalls which meets the minimum requirements for multi- family units. However, the applicant has not provided the required parking for the clubhouse. With the submittal of certificate of zoning compliance application, the applicant must include the required parking stalls for the clubhouse or reduce the number of multi family units on the site. The submitted site plan depicts a total of eleven (11) bikes racks throughout the Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 7 EXHIBIT A development. Staff is supportive of the proposed number of bike racks for the site but a detail was not provided with the submitted application. With the submittal of certificate of zoning compliance application, the applicant must provide details of bike racks. f. Common Open Space Design Requirements: UDC 11-4-3.27C requires a minimum of 250 square feet of outdoor common open space for each unit containing more than 500 square feet and up to 1,200 square feet of living area. (The common open space shall be not less than 400 square feet in area, and shall have a minimum length and width dimension of 20 feet.) Because all of the proposed units contain between 500 and 1,200 square feet of living area, a minimum of 17,000 s.f of common open space is required to be provided. The open space for the entire development is approximately 3.85 acres. Note: The development has a large amount of open space due to the inclusion of the improvements proposed to Five Mile Creek. g. Amenities: All multi -family developments shall provide for quality of life, open space and recreation amenities to meet the particular needs of the residents. UDC 11-4-3-27 requires multi -family developments between 20 and 75 units provide a minimum of three (3) amenities; one from each of the aforementioned categories. The applicant is proposing the following qualifying amenities: 1) a covered picnic area, 2) large open grassy area, 3) clubhouse and 4) a 10 foot pathway. Stafffinds the applicant is providing a greater number of amenities than required by ordinance. Staff is supportive of the proposed amenities for the development. h. Elevations: Elevations are required to meet the architectural standards set forth in UDC 11-4-3-27E. As mentioned earlier, the applicant is proposing to construct twenty (20) four plexes with the same architectural design. The proposed buildings provide variations in the roofplanes and modulation in the fagades. All of the structures are proposed to incorporate a mix of building materials to include the following: three (3) wood siding material (board and batten, horizontal lap and shake), architectural shingles and belly band (see Exhibit A.4). While staff is supportive of the proposed material changes, staff is concerned that the development will have a monotonous design concept and the applicant has not proposed any color schemes. At a minimum, staff recommends three (3) distinct color palettes of earth tone colors to provide color variation. Additionally, staff recommends the applicant provide three (3) building designs that use the same form and building materials but orient the materials differently on the facade of the structures to provide variations in the proposed development. The proposed clubhouse should also contain the same building materials as the four plexes to complement the proposed development. The site will also house twenty-eight (28) carport structures. The submitted a carport is a flat roofed single post design. The Meridian Design Manual (E-2.3.2.4) encourages carport designs that complement the design of residential structures. Staff recommends the proposed carports should be painted or powder coated to complement the overall color scheme for the development. Compliance with the aforementioned design changes will be required with the submittal of a certificate ofzoning compliance and administrative design review application. i. Landscaping: Staff has reviewed the submitted landscape for compliance with the UDC. The landscape plan, labeled Landscape Concept Plan, is approved with the following modifications/notes: All street facing elevations shall have landscaping along their foundation as follows: the landscaped area shall be at least 3 -feet wide and have an evergreen Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 8 EXHIBIT A shrub with a minimum mature height of 24 inches for every 3 linear feet of foundation. The remainder of the area shall be landscaped with ground cover plans. The landscape plan submitted with the Certificate of Zoning Compliance for the structures should comply with this requirement. • Parking lot landscaping must be installed in accord with the standards listed in UDC 11 -3B -8C. Each planter island that serves a single row of parking spaces is required to be landscaped with at least one tree and shall be covered with low shrubs, lawn, or other vegetative groundcover. • 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 City Engineer's signature on the Final Plat. All standards of installation shall apply as listed in UDC 11-313-14. j. Maintenance and Ownership Responsibilities: Per UDC 11-4-3-27G, a legally binding document shall be recorded that states the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features. The applicant must comply with this requirement and a single entity must manage the entire development. Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC application is required to be submitted prior to issuance of building permits for any of the lots. The applicant is required to obtain approval of a design review application for the proposed structures and site design for the multi -family development. This application may be submitted concurrently with the CZC application. The applicant must comply with the design standards listed in UDC 11-3A- 19 and the guidelines contained in the Meridian Design Manual. In summary staff finds the proposed project complies with the future land use map, applicable policies of the Comprehensive plan and is conditioned to comply with the applicable development standards in the UDC. Based on the aforementioned analysis, staff recommends approval of the subject application. X. EXHIBITS A. Drawings 1. Vicinity Map 2. Legal Description and Exhibit map 3. Proposed Preliminary Plat/Site Plan (dated: 0414-4 08/15/14)(REVISED) 4. Proposed Landscape Plan (dated: 04/21/14) 5. Proposed Building Elevations B. Conditions of Approval 1. Planning Division 2. Public Works Department 3. Fire Department 4. Police Department 5. Republic Services 6. Parks Department 7. Ada County Highway District C. Required Findings from Unified Development Code Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 9 Exhibit A.1: Vicinity Map Vicinity Map Legend C -G Rill Print Date* 6,'9'2014 Vicinity Map Legend R-40 EXHIBIT A 0 0.15 0.3 Miles 0 Th. n4xmalion a.- on ads —P Is C—,Nled from �f Wd.. —k.S ae —ty ., 9 a.. .1 1. IN 11-1e,i. .-- —..— pie'—, ., any ., Iry du P. -W o,,i IL AUWM. WAY R11 Bowstring St', E Bowstring St E Bowstri St R-8 F Greiner St o E Greiner St < EMae" I,, pr L+ E t,6. dl�rtd,e Dr 01 F 0.15 0.3 mimif.s 0 Print Date 6'92014 — , — \-,P k ti O Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 10 E Katispelt St E Watertower St Rill Print Date* 6,'9'2014 Vicinity Map Legend R-40 EXHIBIT A 0 0.15 0.3 Miles 0 Th. n4xmalion a.- on ads —P Is C—,Nled from �f Wd.. —k.S ae —ty ., 9 a.. .1 1. IN 11-1e,i. .-- —..— pie'—, ., any ., Iry du P. -W o,,i IL AUWM. WAY R11 Bowstring St', E Bowstring St E Bowstri St R-8 F Greiner St o E Greiner St < EMae" I,, pr L+ E t,6. dl�rtd,e Dr 01 F 0.15 0.3 mimif.s 0 Print Date 6'92014 — , — \-,P k ti O Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 10 EXHIBIT A Exhibit A.2: Annexation Legal Description and Exhibit Map -N—/anon Professional Er4rteers, Land Surveyors and Planners to % / / / i c' 'Rc 826 3RD St. South, Nampa, ID 83651 Ph (208) 454-0256 Fax (208) 454-0979 e-mail: dholzhcy@mscng.us FOR: Syringa Creek UC JOB NO.: AU0713 DATE: May 02, 2014 ANNEXATION PARCEL An annexation parcel of land being a portion of the NW I/4 NW I/4 of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County Idaho, more particularly described as follows: BEGINNING at the northwest corner of the NWI/4 NWl/4; Thence S 89e 56' 10" E a distance of 240.01 feet along the north boundary of the NWl/4 NWI/4 to a point; Thence S 00° 31' 11" W a distance of 185.01 feet parallel with the west boundary of the NW 1/4 N W 1/4 to a point; Thence S 89° 56' 10" E a distance of 345.45 feet parallel with the north boundary of the NW 1/4 NW I/4 to a point on the approximate centerline of Five Mile Creek; Thence along the approximate centerline of Five Mile Creek the following courses and distances; Thence S 44e 38'22" E a distance of 44.34 fat to a point; Thence S 36° 23' 10" E a distance of 119.84 fat to a point; Thence S 16e 22' 57" E a distance of 292.73 fat to a point; Thence leaving approximate centerline of Five Mile Creek N 89e 56' 10" W a distance of 391.10 fat parallel with the north boundary of the NWl/4 NWI/4 to a point; Thence N 00° 31' 11" E a distance of 113.74 feet parallel with the west boundary of the NWl/4 NWI/4 to a point; MA50N &5TAWr-LD, W - El 12 %rrA-3 SUR vL YrAt 5 i /'I A Aw- x 5 rwien Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 11 EXHIBIT A Thence N 89° 56' 10" W a distance of 382.88 feet parallel with the north boundary of the NWI/4 NWI/4 to a point on the west boundary of the NWI/4 NW1/4; Thence N 00° 31' 11" E a distance of 479.96 feet along the west boundary of the NW1/4 NW1/4 to the POINT OF BEGINNING. This annexation parcel contains 6.61 acres more or less. MA50N&5TANrr1 D,W EAC#CCJf -, iCmiYm&nAAWIC5 Poke 2 N 3 Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 12 EXHIBIT A NOO 3111 t Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 13 EXHIBIT A Exhibit A.3: Proposed Preliminary Plat/ Site Plan (dated: 044444 08/15114)(REVISED) Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 14 EXHIBIT A Exhibit A.4: Proposed Landscape Plan (dated 4/21/14) fIIIIIIIi-- __ - t#, •III 1111 . ` _�:. _.__- r ..a.�.,..,.,...,.. 1 �'_FEN':F.DETNIA Shallow Creek Apartments / Mer/cdian, Idaho TEAM :,1.1c.7--.1-11— _ Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 15 EXHIBIT A Exhibit A.5: Proposed Building Elevations and Floor Plans 4 ALUNLTS ENTRY "'An' 3 BUNrr-ENTRY/ A UNIT -SIDE ELEVATION 2 FNTRY/RINTr-SIDE. MAVATTON 1 A LTITT � SIDE F[LVATION A UNfr - 19,7"RY/ B UNIT- SIDE ME VATTON nm �a.wns Y .� a LUUj to 1 R LfNli - ENTRY/ A UNIT - SIDE ELEVATION Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 16 EXHIBIT A 2 SECUND FLUOR PLAN 1 FIRST FLOOR PUN Y W n In 4 aP. & 7LDING S[?('RGN (a)'A' & °B" INtrS 3 ROOFPLAN-'A'&'P'U.NnS 2 SY COND FLOOR PIAN - 'A- & -W UNITS 1 GRUUND FLOOR PLNI - 'A- &'B' UNr1S Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 17 EXHIBIT A (� 1 fL[KIR PLAN 5 REFLECTED CER r\G PLt\ 8 PLooR PLAN ,3 ELEVATION2 ELEVATION 9 FLOOR PLi.\ W410 PLAN Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 18 EXHIBIT A Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 19 EXHIBIT A B. Conditions of Approval 1. PLANNING DIVISION 1.1 ANNEXATION 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. A final plat application will not be accepted until the DA is recorded. The applicant shall contact the City Attorney's Office to initiate this process. The DA shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk's office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: a. Future development of the site shall generally comply with the preliminary plat, landscape plan and elevations included in Exhibit A. A maximum of 69 64 multi -family units shall be constructed on the site. b. Future development of the site shall comply with the ordinances in effect at the time of development. c. Future development of the site shall be consistent with the design standards in UDC I I - 3A-19 and the guidelines in the Meridian Design Manual. d. The site shall develop with.8�5 3.822 acres of common open space as proposed. 1.2 PRELIMINARY PLAT - SITE SPECIFIC CONDITIONS OF APPROVAL 1.2.1 The preliminary plat, prepared by Mason and Stanfield, dated 0441A4 08/15/14, shall be revised as follows: • The applicant shall add a note on the face of the plat or record a separate document and reference the recorded document number on the face of the plat that identifies a blanket cross access agreement and shared parking agreement for the entire multi -family complex (Lot 9, Block 1). • Maintenance of all the multi -family common areas shall be the responsibility of the Shallow Creek Subdivision Owners' Association. • Other than the single driveway access approved by ACHD and the City, direct lot access to S. Locust Grove and E. Franklin Road is prohibited. 1.2.2 The landscape plan, prepared by Power Enterprises Inc., dated 04/21/14, shall be revised as follows: • The applicant shall construct a 25 -foot wide landscape buffer adjacent to S. Locust Grove Road and E. Franklin Road in accord with UDC 11 -3B -7C. • The 10 -foot multi -use pathway shall be constructed in accord with the standards set forth in UDC 11-3A-8 and UDC 11-313-12. Submit a public use easement to the Planning Division for the multi -use pathway adjacent to the Five Mile Creek prior to City's Engineer signature on the final plat. • Parking lot landscaping shall comply with the standards set forth in UDC 11 -3B -8C. • The applicant shall construct any proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7. The applicant shall construct a 4 -foot tall decorative wrought iron fence and two -foot tall cinder block wall combination on the north and east boundary as proposed on the revised site plan. dated Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 20 EXHIBIT A 08/15/14. 1.2.3 With the submittal of a final plat and prior to any development within the flood plain and the floodway, the applicant shall have plans reviewed and approved by the City's Flood Plain Administrator, Nampa and Meridian Irrigation District, and the Army Corp of Engineers. 1.2.4 The applicant shall record a final plat prior to obtaining a building permit for the proposed multi -family development. 1.3 General Conditions of Approval 1.3.1 Comply with all bulk, use, and development standards of the R-15 zoning district listed in UDC Chapter 2 District regulations. 1.3.2 Provide a pressurized irrigation system consistent with the standards as set forth in UDC I I - 3A-15, UDC 11-313-6 and MCC 9-1-28. 1.3.3 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.3.4 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11 -3B -5J. 1.4 Process Conditions of Approval 1.4.1 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11 -6B -3C2. 1.4.2 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years, or 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.3 Staff failure to cite any specific ordinance provisions does not relieve the applicant from responsibility of compliance. 1.5 CONDITIONAL USE PERMIT - Site Specific Conditions of Approval 1.5.1 The site plan, dated 04/21/14, is approved with the following changes: • Provide a detail of the eleven (11) bike racks proposed for the development. • The applicant shall revise the site plan to include a property management office; maintenance storage area and the directory map. The property management office and storage area may be incorporated as part of the clubhouse. • The applicant shall revise the site plan to include the required parking stalls for the clubhouse or reduce the number of multi -family units on the site. The number of parking stalls is predicated on the size of the proposed clubhouse. 1.5.2 The landscape plan prepared by Power Enterprises Inc., dated 04/21/14, is approved with the following changes: • Landscaping along the foundation of the buildings shall comply with UDC 11-4-3-27F. • Provide a minimum of 345 3.82 acres of common open space as proposed. The applicant shall provide the following qualifying amenities: 1) a covered picnic area, 2) large open grassy area, 3) clubhouse with a covered natio. 4) a Wool and 5) a 10 -foot pathway as proposed. 1.5.3 The building elevations attached in Exhibit A.5, are approved with the following changes: • The applicant shall provide three (3) building designs that use the same form and Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 21 EXHIBIT A building materials but orient the materials differently on the fagades of the structures to provide variations in the proposed development. The clubhouse shall incorporate the same mix of building materials as the four-plexes; • At a minimum, the apartment buildings shall have three (3) color schemes to include two field colors and one trim color and; • The carports shall be painted or powder coated to complement the overall color scheme of the development. 1.5.4 The developer shall comply with the specific use standards for multi -family developments listed in UDC 11-4-3-27. 1.5.5 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. 1.5.6 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 1.5.7 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. A copy of the recorded document shall be submitted with the first Certificate of Zoning Compliance (CZC). The responsible party for the maintenance of the development shall be a single entity overseeing the entire multi -family development. 1.5.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-313- 5I, 11-313-8C, and Chapter 3 Article C. 1.5.9 Provide at least 80 square feet of private, useable open space, such as a patio or balcony/deck, for each multi -family dwelling unit in accordance with UDC 11-4-3-2713-3. 1.6 General Conditions of Approval 1.6.1 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. The outdoor lighting shall have downward shielding on the building and the perimeter lighting shall not impact the surrounding single family residences. 1.6.2 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.6.3 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A- 12. All HVAC equipment shall be screened. 1.6.4 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the guidelines set forth in the City of Meridian Design Manual. 1.6.5 The conditional use approval shall be null and void if the applicant fails to 1) commence the use within two years as set forth in UDC 11-513-6171 or 2) gain approval of a time extension as set forth in UDC 11-513-6F4. 1.6.6 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance application and Design Review from the Planning Division, prior to submittal of building permit application. NOTE: A CZC application may include one or more multi -family units on a lot/parcel. 2. PUBLIC WORKS DEPARTMENT 2.1 The Shallow Creek plans as submitted do not appear to meet the floodplain regulations. These items need to be resolved before any floodplain permit application is submitted Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 22 EXHIBIT A and reviewed: • Next to the walking path there appears to be a wall within the floodway. The wall must be outside of the floodway. • Parking and curbing are shown within the floodway. The curbing creates a rise. While minimal, it does not meet the "no -rise" requirement. • The submitted landscape plan shows the installation of new trees to be planted in the floodway. This will not likely meet the no -rise requirements as well. There are a few options here: a. Do not propose to plant trees within the floodway; b. Provide hydraulic analysis showing no rise from the proposed new plantings; c. Develop a habitat restoration plan and study, including hydraulic analysis which would likely have to include compensatory storage for the amount of rise calculated. 2.2 Sanitary sewer service for this development shall be from an extension of the existing main in N. Locust Grove Road. Per Meridian City Code, 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 outside of a public right-of-way. 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. Applicant shall be required to abandon the existing sewer stub to the property from the existing manhole in N. Locust Grove Road, north of the entrance to the development. 2.2 Domestic water service to this development will be from an extension of the existing main in N. Locust Grove Road, and via a second connection to an existing main to the south through the adjacent LDS Church site as shown on the preliminary plat map. Applicant will not be required to install the parallel water mains through the site as shown. Per Meridian City Code, 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 outside of a public right-of-way. Applicant shall be required to either abandon the existing water main stub to the property in N. Locust Grove Road, north of the entrance to the development, or install a new fire hydrant at this location. 2.3 Per Meridian City Code, the applicant shall be responsible to install sewer and water mains to and through this development. 2.4 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, 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. Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 23 EXHIBIT A 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, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.6 All existing structures that are required to be removed shall be 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 may be 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. 2.10 Street signs are to be in place, sanitary sewer and 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, etc., prior to signature on the final plat. 2.12 All development improvements, including but not limited to sewer and water, 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 the issuance of a plan approval letter. 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, and provide evidence of their approval prior to signature on the final plat. 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 Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 24 EXHIBIT 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 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.21 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.22 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.23 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 2.24 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887- 2211. 2.25 Applicant shall submit compaction testing results to the Community Development Department for all areas that have, or will receive fill materials, prior to applying for building permits. 3. FIRE DEPARTMENT 3.1 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 '/2" outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 ''/2" outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 25 EXHIBIT A h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 3.4 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.5 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and have a clear driving surface of 20' in width capable of supporting an imposed weight of 75,000 GVW, per International Fire Code Section 503.2. 3.6 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 3.7 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1. 3.8 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J.For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). 3.9 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. 3.10 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in International Fire Code Section 505.1. 3.11 The applicant shall work with Public Works and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1. 3.12 All R-2 occupancies with 3 or more units shall be required to be fire sprinkled as set forth in International Fire Code Section 903.2.8. 3.13 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141, Section A5.2.18. 4. POLICE DEPARTMENT 4.1 Lighting needs to be installed on all pathways at the read of each building that has the walking path. The best solution to requiring pathway lighting would be to have substantial read pathway lighting at each structure to light that section of the rear pathway and keep safety of users at a premium. 4.2 Addressing needs to be done in a manner to assist first responders. So signage needs to direct public safety personnel to the rear buildings addresses set back from the road and behind the first set of building that abut the roadway. Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 26 EXHIBIT A 5. REPUBLIC SERVICES 5.1 The applicant shall submit a scaled site plan stamped approved by Republic Services verifying compliance with Republic Service's requirements with the CZC application. 6. PARKS DEPARTMENT 6.1 Construct a 10 -foot wide multi -use pathway consistent with standards set forth in UDC I I - 3A-8 and UDC 11 -3B -12C. The pathway shall be constructed along the north and east side of the proposed development. 6.2 Prior to signature on the final plat by the City Engineer, the applicant shall submit a public access easement to the Planning Division of the Community Development Department for the multi -use pathway along the north and east sides of the proposed development for approval by City Council and subsequent recordation. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 In accordance with District Policy 7203.3 the applicant shall be required to update the existing ramps located in the following locations so as to be ADA compliant: • The intersection of Locust Grove Road and Franklin Road abutting the site. 7.2 The applicant will be required to pay all applicable platting and review fees prior to final approval. Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 27 EXHIBIT A C. Required Findings from Unified Development Code 1. ANNEXATION & ZONING: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Council finds the proposed annexation and zoning to R-15 is consistent with the MU -C future land use designation for this site. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that the proposed R-15 zoning district and the multi -family use allowed in that district is consistent with the purpose statement of the residential district in that it provides for a range of housing opportunities. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-511-3.E). The Council finds annexing this property with R-15 zoning district is in the best interest of the City as the property will be able to develop the project consistent with the vision of the Comprehensive Plan. Further, annexation this property will allow utilization of available City services and a reduction of enclave areas in this area of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan and is consistent with this Unified Development Code; The Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that public services are available and will continue to be provided to the subject property. See Exhibit B of the Staff Report for more details from public service providers. Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 28 EXHIBIT A c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because water and sewer and any other utilities will be provided by the developer at their own cost, the Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Some services are already being provided to the subject development. The Council finds there is public financial capability of supporting and continuing services for/to this development. e. The development will not be detrimental to the public health, safety or general welfare; and The Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. The Council considered all public testimony presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems. L The development preserves significant natural, scenic or historic features. The Council does not find there are any significant natural, scenic or historic features that will be lost with development of the site. 3. Conditional Use Permit Findings: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Council finds that if the site is designed in accord with the site plan in Exhibit A and the conditions of approval in Exhibit B, the site will be large enough to accommodate the proposed use and meet the dimensional and development regulations of the R-15 zoning district and the multi -family specific use standards. b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Council finds that the proposed multi -family residential use in the R-15 zone meets the objectives of the Comprehensive Plan and UDC. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Council finds that the general design, construction, operation and maintenance of the multi -family use will be compatible with other residential and commercial uses in the general neighborhood and with the existing and intended character of the vicinity and will not adversely change the character of the area. The Council considered all public testimony presented to determine whether or not the proposal will adversely affect the Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 29 EXHIBIT A 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 Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this staff report and constructs all improvements and operates the use in accordance with the UDC standards. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Council finds that sanitary sewer, domestic water and irrigation can be made available to the subject property. Please refer to comments prepared by the Public Works Department, Fire Department, Police Department and other agencies. L That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The Council finds that the applicant will pay to extend the City utilities 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 impact fees. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. The Council recognizes the fact that traffic and noise will increase with the approval of this development; however, whenever undeveloped property is developed the amount of traffic generation does increase. 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 Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. The Council referenced all public testimony presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance. Shallow Creek AZ -14-008, PP -14-008 & CUP -14-005 PAGE 30