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PZ Recommendations /Staff Report to CCSTAFF REPORT HEARING DATE: May 19, 2015 C�v IDIAN%-, TO: Mayor and City Council 1 D A H O FROM: Bill Parsons, Planning Supervisor 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: RZ-15-005; PFP-15-002; CUP-15-006 and ALT-15-005 — Hamelin Village I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, B & S Investments, LLC, has submitted an application for a rezone (RZ), combined preliminary/final plat (PFP), conditional use permit (CUP) and alternative compliance (ALT) for Hamelin Village. The applicant proposes to rezone 0.50 acres of land from the R-15 zoning district to the R-40 zoning district. A preliminary/final plat consisting of two (2) multi -family building lots and one (1) common lot in the proposed R-40 zoning district on approximately 0.45 acres of land. A conditional use permit is for a multi -family development consisting of eight (8) dwelling units (two (2) four-plex structures) in the proposed R40 zoning district. The alternative compliance is to deviate from the landscape buffer requirements set forth in UDC 1I- 3B and the parking standards set forth in UDC 11-3C-5. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed RZ, PFP, CUP and ALT based on the Findings of Fact and Conclusions of Law in Exhibit D of this report. The Meridian Planning and Zoning Commission heard these items on April 16, 2015. At the public hearing, the Commission voted to recommend approval of the subiect RZ, PFP and CUP requests. a. Summary of Commission Public Hearing: L In favor: Shawn Nickel ii. In opposition: None W. Commenting: None iv. Written testimony: John Rennison, Applicant's response to the staff report v. Staff presenting application: Bill Parsons A. Other staff commenting on application: None b. Key Issues) of Discussion by Commission: L None c. Key Commission Chame(s) to Staff Recommendation: i. Required the covered canopy on the rear elevation as originally submitted. ii. Modified condition of approval 2.2.7 requiring the final plat to be recorded prior to occupancy of the first structure. d. Outstanding Issue(s) for City Council: i. None Hamelin Village RZ-15-005; PFP-15-002; CUP-15-006 & ALT-15-005 PAGE 1 III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-15- 005; PFP-15-002; CUP-15-006 and ALT-15-005 (optional), as presented in the staff report for the hearing date of May 19, 2015, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-15-005; PFP-15-002; CUP-15-006 and ALT-15-005 (optional), as presented during the hearing on May 19, 2015, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Numbers RZ-15-005; PFP-15-002; CUP-15-006 and ALT-15-005 (optional) 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 at 603 W. Pine Avenue in the SE 1/a of Section 12, Township 3 North, Range 1 West. (Parcel No. S1212427965) A. Applicant/Owner: B & S Investments, LLC 1980 S. Meridian Road, Suite #140 Meridian, ID 83642 C. Representative: John Rennison, Rennison Engineering P.O. Box 1001 Eagle, ID 83616 D. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for rezone, combined preliminary/final plat, conditional use permit and alternative compliance. A public hearing is required before the Planning and Zoning Commission and City Council on the rezone, combined preliminary plat and conditional use permit and the Director is the decision maker on the alternative compliance request, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: March 30 and April 13, 2015 (Commission); April 27, and May 11, 2015 (Council) C. Radius notices mailed to properties within 300 feet on: March 26, 2015 (Commission); April 23, 2015 (Council) D. Applicant posted notice on site(s) on: April 6, 2015 (Commission); May 7. 2015 (Council) VI. LAND USE A. Existing Land Use(s): The site consists of a single family residence and multiple detached accessory structures that will be removed upon development of the site. The property is currently zoned R-15. Hamelin Village RZ-15-005; PFP-15-002; CUP-15-006 & ALT-15-005 PAGE 2 B. Character of Surrounding Area and Adjacent Land Use and Zoning: The subject property is primarily surrounded by multi -family developments except for a single family residence that abuts the northeast corner of the proposed development. The contiguous properties are zoned R- 15. C. History of Previous Actions: NA D. Utilities: 1. Location of sewer: Sanitary sewer service for this development exists in W. Pine Avenue. 2. Location of water: Domestic water service for this development exists in W. Pine Avenue. 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: No major facilities exist on this site. 2. Hazards: Staff is not aware of any hazards that exist on this site. 3. Flood Plain: This site does not lie within the floodplain overlay district. VII. COMPREHENSIVE PLAN The Comprehensive Plan Future Land Use Map (FLUM) designates this site as High Density Residential (HDR). The purpose of the HDR designation is to allow for the development of multi -family homes in areas where urban services are provided. Residential gross densities may exceed 15 dwelling units per acre. The applicant is proposing to rezone the property to develop the property with eight (8) dwelling units in two (2) buildings. Each unit consists of 2-bedroom. A gross density of 17.8 dwelling units per acre is proposed in a proposed R-40 zone. The proposed density is consistent consistent with the HDR designation and the requested R-40 zoning district. Staff 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) The proposed multi family residential development will contribute to the variety of housing types available in this part of the City and offer rental options. • "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.01F) City services are readily available to serve the proposed development in accord with UDC 11-3A-21. • "Require appropriate landscaping and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.) (3.06.02F) A 25 foot wide street buffer is required along W. Pine Avenue, a designated arterial street however; the applicant has requested alternative compliance to reduce the buffer width from 25 feet to 15 feet and landscape the buffer in accord with the standards listed in UDC 11-3B- 7C. Hamelin Village RZ-15-005; PFP-15-002; CUP-15-006 & ALT-15-005 PAGE 3 • "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.01F) Except for the single family home near the northeast corner of the proposed development, this area is primarily developed with multi family developments consistent with the HDR land use designation. The adjacent single family home is currently designated MDR on the Comprehensive Plan; the underlying zoning district of the property is R-15 which will allow the property to redevelop with higher densities. • "Encourage infill development." (3.01.02B) The subject property is surrounded by property that has been developed. Further, the property currently has a dilapidated home and is near downtown which makes it a good candidate for infill redevelopment. • "Restrict private curb cuts and access points on collectors and arterial streets." (3.06.02D) The plans as submitted depict local street access to W. Idaho Avenue in accord with UDC I I - 3A-3. To ensure Lot 2, Block I has access to the local street, the applicant is responsible for executing a reciprocal cross access agreement as noted on the final plat. • "Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets." (2.01.0413) Perimeter landscaping and internal planter islands are proposed in the new parking area however, the applicant is requesting to deviate from the landscape requirements in UDC H- 3B-8C in order to meet the intent of the parking regulations of the UDC. • "Locate high -density development, where possible, near open space corridors, or other permanent major open space and park facilities, Old Town, and near major access thoroughfares." (3.07.02L) The Comprehensive Plan envisions high density in this area and the site is located on the fringe of the Old Town area. • "Elevate quality of design for houses and apartments; evaluate the need for design review guidelines for single-family homes." (3.07.020) The structures within the proposed development will be subject to the design standards in UDC 11-3A-19 and the guidelines in the Meridian Design Manual. Staff has recommended additional modifications to the submitted building elevations attached in Exhibit A.5. For the above reasons, staff believes the proposed development is consistent with the Comprehensive Plan. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of the Residential Districts (R-40): Per UDC 11-2A-1, 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 R-40 zoning district. The proposed multi -family development is listed as a conditional use in the R-40 zoning district. The specific use standards listed in UDC 11-4-3-27 for multi -family developments apply to development of this property. Hamelin Village RZ-15-005; PFP-15-002; CUP-15-006 & ALT-15-005 PAGE 4 C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2A-8 for the R-40 zoning district applies to development of this site. D. Landscape Standards: 1. Parking Lot Landscaping: All parking lot landscaping must comply with the standards set forth in UDC 11-313-8C. The applicant has submitted a concurrent alternative compliance application to deviate from this requirement. (See analysis below.) 2. A 25-foot wide landscape buffer is required adjacent to W. Pine Avenue in accord with UDC Table 11-2B-3. The landscape buffers must comply with the standards set forth in UDC 11- 313-7C. The applicant has submitted a concurrent alternative compliance application to deviate from this requirement. (See analysis below.) 3. Common open space and site amenities are required to be provided on the site in accord with the requirements set forth in UDC11-4-3-27. E. Off -Street Parking: Off-street parking is required in accord with UDC 11-3C-6A for the proposed multi -family development. For two -bedroom units, two (2) parking spaces are required; at least one in a covered carport or garage. The applicant has submitted a concurrent alternative compliance application to deviate from this requirement. (See analysis below.) F. Structure and Site Design Standards: Development of this site must comply with the design standards in accord with UDC 11-3A-19. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: REZONE (RZ): The applicant proposes to rezone 0.50 acres of land from the R-15 to the R40 zoning district to accommodate the two (2) proposed four-plex structures requested with the concurrent CUP application. Because the R-15 district allows a maximum density of 15 dwelling units to the acre and the proposed density is 17.8 dwelling units to the acre the rezone is necessary to support the proposed density. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be rezoned. The City may require a development agreement (DA) in conjunction with a rezone pursuant to Idaho Code section 67-6511A. Because the existing R-15 zoning district and the proposed R-40 district requires a conditional use permit to establish a multi -family use, the Comprehensive Plan envisions this use and a majority of the area is developed with multi -family developments, staff is not recommending a DA with the rezoning of the property. CONDITIONAL USE PERMIT (CUP): A CUP is requested for a multi -family development in the proposed R-40 zoning district as required by UDC Table I 1-2A-2. The multi -family development is proposed to consist of eight (8) dwelling units on approximately 0.45 acres. The multi -family development is proposed to consist of two (2) two-story four-plex structures consisting of all two -bedroom units. Specific Use Standards: The specific use standards for multi -family developments listed in UDC 11-4-3-27 apply to development of this site as follows: Hamelin Village RZ-15-005; PFP-15-002; CUP-15-006 & ALT-15-005 PAGE 5 • Buildings shall provide a minimum setback of 10 feet, unless a greater setback is otherwise required by the UDC. The setback depicted on the plan shows a minimum setback of 10 feet which complies with this requirement. • 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 visibility from the site. Republic Services has requested the applicant contact them to possibly reduce the enclosure size proposed on the site plan. Further, the submitted plans do not depict the location of any transformers or mechanical equipment. With CZC and DES application, the applicant must demonstrate compliance with all of the aforementioned requirements. A minimum of 80 square feet (s.f.) of private useable open space is required to be provided for each unit. The submitted plans depict balconies in excess of 80 s.f. in accord with this provision. Developments with 20 units or more shall provide a property management office, a maintenance storage area, a central mailbox location with provisions for parcel mail that provides safe pedestrian and/or vehicular access and a directory map of the development at an entrance or convenient location for those entering the development. The requirement is not applicable because the proposed development is under 20 dwelling units. At a minimum, 250 s.f. of common open space is required for each unit containing more than 500 s.f. and up to 1,200 s.f. of living area. Because all of the proposed units contain between 500 and 1,200 square feet of living area, a minimum of 2,000 s.f. of common open space is required to be provided. The submitted site plan depicts approximately 3,279 square feet of common open space which is in excess of the open space required by City Code. Additional landscaping is proposed along the perimeter of the development and along the street frontages. Staff finds the applicant has provided adequate landscaping for the site. For multi -family developments with less than 20 units or more, 2 site amenities are required to be provided with at least one from each category listed in UDC 11-4-3-27D. Because eight (8) units are proposed, two (2) amenities must be provided for the site with at least one from each category. The applicant is proposing a community garden and public art. The architectural character of the structures shall comply with UDC 11-4-3-27E. The proposed elevations consist of the following building materials: 1) Horizontal, vertical and cedar wood siding; 2) Decorative brackets; 3) Windows and trim; 4) Stucco columns; and 5) 30 year architectural shingle roofing. In review the design standards, staff believes the proposed elevations do not comply with all of the design standards. To ensure compliance, staff recommends the following modifications prior to the Commission hearing: Hamelin Village RZ-15-005; PFP-15-002; CUP-15-006 & ALT-15-005 PAGE 6 1) The right and left elevations of the units should incorporate four (4) transom windows and decorative trim per facade; 2) All of the proposed vertical siding should be replaced with board and batten siding to provide additional articulation to the fapade; 3) The stucco accents proposed on the columns and canopy of the rear elevation should be replaced with wood siding and trim to complement the primary building materials; 4) The stucco columns on the front, left and right elevations should be omitted and the canopies should be designed as part of the structure and cantilevered using decorative brackets; and 5) Decorative brackets should be incorporated on the portion of the front facade that is proposed for the cedar siding. 6) Submit elevations of the carport design. The proposed carports should be painted and/or powdered coated to complement the color scheme of the proposed development. • Landscaping is required to comply with UDC 11-4-3-27-F. 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 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 submitted landscape plan complies with this requirement. • The development is required to record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features. The applicant must submit this documentation of compliance with this requirement with the Certificate of Zoning Compliance application. Further, UDC H- 3B-7C2.a requires all residential street buffers to be on a common lot maintained by a homeowner's association. Access: Access to the multi -family development will be provided from W. Idaho Avenue. Per plat note #7 Lot 1, Block 1 is to provide a cross access and share parking for the entire development. Both requirements are in compliance with UDC I1-3A.3. A copy of the recorded cross access and shared parking agreement must be provided prior to signature on the final plat. Parking: For multi -family developments, off-street parking is required in accord with the standards listed in UDC Table 11-3C-6 as follows: ➢ The applicant is proposing to construct all 2-bedroom units therefore; 2 parking spaces are required; at least 1 a covered carport or garage. Based on (the number of units) a total of sixteen (16) parking stalls are required, eight (8) covered and eight (8) open spaces. The submitted site plan depicts the sixteen (16) parking stalls required by UDC 11-3C-6 however, eight (8) of the sixteen stalls are compact. Per the UDC compact stalls are allowed only after the site is developed with the required amount of standard parking stalls. In this instance the applicant has insufficient lot width to accommodate the required eight (8) standard parking stalls and is seeking alternative compliance to count the compact stalls as part of the required parking. The other eight (8) stalls and the two-way drive aisle meet the dimensional standards of UDC Table 11-3C-5. Staff is supportive of the request because of the proximity of the development to downtown and because the site will still provide the sixteen (16) parking stalls required by ordinance. However, staff recommends dispersing the covered parking Hamelin Village RZ-15-005; PFP-15-002; CUP-15-006 & ALT-15-005 PAGE 7 as follows: provide covered parking for four (4) of the compact stalls and four (4) of the standard stalls. Further, the applicant should install wheel stops in all of the parking stalls to minimize vehicle overhang into the 2-foot wide landscape buffer. A minimum of one bicycle parking space for every 25 proposed vehicle spaces or portion thereof is required to be provided on the site. The applicant is proposing a bike rack in the parking area of the proposed development consistent with this requirement. With the submittal of the CZC and DES application, the applicant must provide a detail of the proposed bike rack. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications, and ordinances, per UDC 11-3A-18. Landscaping: Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-313-8C. Street buffer landscaping is required in accord with the standards listed in UDC 11-313-7C. The applicant has submitted a concurrent alternative compliance application to deviate from both of the above -stated requirements. In order to accommodate the required number of parking stalls with the primary access from Idaho Street, the applicant is requesting a reduced the landscape buffer width adjacent to Pine Avenue from 25 feet to 15 feet. Further, the property is approximately 66 feet wide and cannot accommodate all of the dimensional standards of the parking lot and the perimeter landscape requirements (total dimension is 73 feet) (see parking analysis above). Specifically, the applicant is requesting to reduce the parking lot perimeter landscaping on the west and east boundary from 5 feet to 2 feet on each side. To off -set the required landscape buffer and parking lot landscaping, the applicant is proposing the following: 1) Increase the amount of plantings along the Pine Avenue frontage; and 2) Provide 1,229 square feet of additional common open space (3,279 square feet in total) between the two (2) four-plexes which exceeds the 2,000 square feet of common open space required by the multi -family standards. Staff is supportive of the applicant's request. Existing Trees: There are existing trees on the property that may need to be removed with the development of the property. The applicant should protect all existing trees on the site that are greater than four -inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-311-10, mitigation is required for all existing healthy trees 4-inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement. Prior to signature on the final plat, the applicant should submit a revised landscape plan that details the mitigation plan outlined by the developer and the City Arborist. Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC application is required to be submitted prior to issuance of building permits. 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. With the CZC and DES submittal, the applicant should extend at least one of the internal 5-foot wide walkways to connect to the 5-foot wide attached sidewalk along W. Pine Avenue. Hamelin Village RZ-15-005; PFP-15-002; CUP-15-006 & ALT-15-005 PAGE 8 PRELIMINARY/FINAL PLAT (PFP): The applicant has submitted a combined PFP consisting of two (2) multi -family building lots and one (1) common lot in the proposed R-40 zoning district on approximately 0.45 acres of land to develop the property with eight (8) multi -family dwelling units. Existing Structures: The site consists of a single family residence and multiple detached accessory structures that will be removed upon development of the site. A demolition permit should be procured through Community Development. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the dimensional standards listed in UDC Table 11-2A-8 for the R-40 zoning district. All of the lots comply with the minimum standards. Per the multi -family standards a 10-foot setback is required along the perimeter of the development as noted above. Waterways: The applicant is proposing to pipe an irrigation ditch with the subject application. Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided should be covered. Fencing: No fencing is depicted on the landscape plan for this site. If fencing is proposed for the site, it must comply with the standards listed in UDC 11-3A-7 and a fence detail must be provided with the submittal of the CZC and DES application. Sidewalks: Currently, 5-foot wide attached sidewalks are constructed along W. Pine Avenue and W. Idaho Avenue. The UDC requires a 5-foot wide detached sidewalk on the south side of W. Pine Avenue. Because the pedestrian facilities pre -date the proposed development, staff recommends that the existing sidewalk remain with the development. The existing access to W. Pine Avenue must be vacated and reconstructed with new curb, gutter and sidewalk in accord with ACHD standards. Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for the development in accord with UDC 11-3A-15 as proposed. Staff recommends approval of the subject applications with the conditions listed in Exhibit B per the Findings in Exhibit D. X. EXHIBITS A. Drawings 1. Vicinity Map 2. Proposed Preliminary/Final Plat (dated: March 25, 2015) 3. Proposed Landscape Plan (dated: March 4, 2015) 4. Proposed Site Plan (dated: March 25, 2015) 5. Conceptual Building Elevations (dated: March 4, 2015) (REVISED NOT AARR) B. Agency Comments/Conditions of Approval 1. Planning Division 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company Hamelin Village RZ-15-005; PFP-15-002; CUP-15-006 & ALT-15-005 PAGE 9 6. Ada County Highway District Parks Department C. Legal Description and Exhibit Map for Proposed Rezone D. Required Findings from Unified Development Code Hamelin Village RZ-15-005; PFP-15-002; CUP-15-006 & ALT-15-005 PAGE 10 Exhibit A.1: Vicinity Map Vicinity Map 0 0.0375 0.075 W Idaho Ave Print Date: 7 24 2014 Hamelin Village RZ-15-005; PFP-15-002; CUP-15-006 & ALT-15-005 PAGE 11 Exhibit A.2: Proposed Preliminary/Final Plat (dated: March 25, 2015) HAMELIN VILLAGE SUBDIVISION MERIDIAN, MAHO PRELEV II NARY PLAT MARCH 2O15 r ,, r� _ .� .a `Zee"..,.... .• „1 - • WK �F:"....o Priers Hamelin Village RZ-15-005; PFP-15-002; CUP-15-006 & ALT-15-005 PAGE 12 411—.... 'r-•-•--- 9Y WwL iILI !'iM1IIM. k MBRI NRAI SM M POET A PLAT SHOWING HAMELIN VILLAGE SUBDIVISION A PARCEL OF LAND LOCATED NL THE NM 1/4 OF NE SE 1/4 Of SECTION 12. T. J N, R. T w.. N.M. CITY OF MERIDIAN. ADA COUNTY. IDAHO 2015 BASIS OF BEARING W. PINE AVENUE LLMRY . w•uc warty nAr ..._..=1..._R._�.Jr......e 4MRl� i � q MLL 2 j i wnAiRe NLOCI( 1 T •!� yMyy LOOT Y .NO wfi ! 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LLi RwM Lw LLwr s wwrw AR w 1UC 1 4 �i1WiRING 1•L.•wMwrM lwMLw• LwlwrR wws4p3 Exhibit A.3: Proposed Landscape Plan (dated: March 4, 2015) .2 NoANNO -,, ,r W .M I, - Hamelin Village RZ-15-005; PFP-15-002; CUP-15-006 & ALT-15-005 PAGE 14 04 Palulio & I &ANPKAM VLW 71 -2- Exhibit AA Proposed Site Plan (dated: March 25, 2015) HAMOBLIN VIELLAGE SUBDIVISION CONDMIONAL USE PERN[rr t.� m RR :, # I =0 Y L MEN i. y -r 1 oiu ouw o.■. •w it Hamelin Village RZ-15-005; PFP-15-002; CUP-15-006 & ALT-15-005 PAGE 15 Exhibit AS: Conceptual Building Elevations (dated: March February 2, 2015) (REVISEDNOT APPR$'B) 3RUN BIEVAMON 4 IIn VI"ATION Hamelin Village RZ-15-005; PFP-15-002; CUP-15-006 & ALT-15-005 PAGE 16 B. Agency Comments/Conditions 1. PLANNING DIVISION 1.1 Site Specific Conditions of Approval 1.1.1 Development of the site shall substantially comply with the site plan and landscape plan, included in Exhibit A, the design standards listed in UDC 11-3A-19, the guidelines contained in the City of Meridian Design Manual, and the conditions in this report. 1.1.2 The developer shall comply with the specific use standards for multi -family developments listed in UDC 11-4-3-27, including but not limited to the following: a. The applicant 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, per UDC 11-4-3-27G. b. The architectural character of the structures shall comply with UDC 11-4-3-27E. The applicant shall revise the elevations with the submittal of the certificate of zoning compliance application as follows: I) The rear elevation canopy shall project from the building facade a minimum of 9 feet as previously proposed. The Fight and -ft ekva&--- of e its a'---" 6) Submit elevations of the proposed carports. The proposed shall be painted and/or powder coated to complement the overall color scheme of the development. d. All roof and wall -mounted mechanical, electrical, communications, and service equipment shall be screened from public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means. 1.1.3 The preliminary and final plat included in Exhibit A.3, dated March 25, 2015, shall include the following: a. Construct Lot 3, Block 1 as proposed. b. Cross -access and shared parking agreement shall be noted on the plat in accord with UDC 11- 3A-3A.2. A separate cross -access easement and shared parking agreement may be recorded. c. Direct lot access to W. Pine Avenue is prohibited as noted on the final plat. d. Prior to signature on the final plat, the applicant shall remove the existing curb cut on W. Pine Avenue and replace it with curb, gutter and a 5-foot attached sidewalk in accord with ACHD Hamelin Village RZ-15-005; PFP-15-002; CUP-15-006 & ALT-15-005 PAGE 17 standards. 1.1.4 The landscape plan included in Exhibit A.3, dated March 25, 2015, shall include the following: a. Landscaping is required to be provided along the foundation of all street facing elevations in accord with the standards in UDC 11-4-3-27-F. b. Lot 3, Block 1 shall be landscaped as proposed. c. Prior to signature on the final plat, the landscape plan must be revised and detail the mitigation plan coordinated with the City Arborist and demonstrate compliance with the tree mitigation standards in accord with UDC 11-3B-10. d. The applicant's alternative compliance request for landscaping the perimeter of the parking lot is approved; the parking lot landscaping shall be installed as proposed. e. All street buffers and common open space shall be maintained by an owner's association as set forth in UDC 11-3B-7C2b. 1.1.5 The site plan included in Exhibit A.4, dated March 25, 2015, shall be revised as follows: a. With the CZC and DES submittal, the applicant shall extend one of the internal 5-foot wide walkways to the 5-foot wide attached sidewalk along W. Pine Avenue. b. Provide a detail of the bike rack. c. The applicant shall construct a minimum of sixteen (16) parking stalls for the development as dimensioned on the site plan; four (4) of the compact stalls shall be covered and four (4) of the standard stalls shall be covered. d. The applicant shall install wheel stops in all of the parking stalls to minimize vehicle overhang in the landscape buffer and hitting the adjacent fence. 1.1.6 The applicant shall provide, at a minimum, a community garden and public art in accord with the site amenity requirements listed in UDC 11-4-3-27D. 1.1.7 The applicant shall provide a minimum of 3,279 square feet of qualified open space as proposed. 1.1.8 Per UDC 11-5B-5B2, the Director (at the applicant's request) approved the alternative compliance regarding the landscape standards set forth in UDC 11-3B-7C and UDC 11-3B-8C and the parking standards set forth in UDC 11-3C-5. 1.1.9 The existing residence shall be removed prior to City Engineer signature on the final plat. A demolition permit shall be procured from the Building Division. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-40 district listed in UDC Chapter 2 District regulations. 1.2.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-313-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. The applicant does not have to replace the existing 5-foot wide sidewalk adjacent to Pine Avenue. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-313-5J. Hamelin Village RZ-15-005; PFP-15-002; CUP-15-006 & ALT-15-005 PAGE 18 1.2.7 Provide bicycle parking spaces as set forth in UDC 11-3C-6G consistent with the design standards as set forth in UDC 11-3C-5C. 1.2.8 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. All HVAC equipment shall be screened from the adjacent streets. 1.2.9 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.2.10 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 1.2.11 All fencing constructed on the site shall comply with the standards as set forth in UDC 11-3A-7. 1.2.12 Staff's failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. 1.2.13 Provide temporary fencing around the perimeter of the building site to contain debris during construction prior to release of building permits. 1.3 Ongoing Conditions of Approval 1.3.1 The conditional use may only be transferred or modified consistent with the provisions as set forth in UDC 11-513-6G. The applicant shall contact Planning Division staff regarding any proposed modification and/or transfer of ownership. 1.3.2 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 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 11-513-6F1 or 2) gain approval of a time extension as set forth in UDC 11-513-6F4. 1.4.3 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design Review application from the Planning Division, prior to submittal of any building permit application. 1.4.4 The applicant shall submit a final approval letter from the Street Naming Committee approving the street names for the proposed subdivision. 1.4.5 Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 1.4.6 The preliminary/final 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 11-613-7. 2. PUBLIC WORKS DEPARTMENT 2.1 General Conditions of Approval 2.2.1 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 Hamelin Village RZ-15-005; PFP-15-002; CUP-15-006 & ALT-15-005 PAGE 19 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. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.2 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. 2.2.3 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.2.4 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. 2.2.5 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. 2.2.6 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. 2.2.7 Final Plat for this subdivision shall be recorded prior to occupancy of the first structure for- buildille i3efmits. 2.2.8 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. 2.2.9 All development improvements, including but not limited fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.10 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. 2.2.11 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. 2.2.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.13 Developer shall coordinate mailbox locations with the Meridian Post Office. Hamelin Village RZ-15-005; PFP-15-002; CUP-15-006 & ALT-15-005 PAGE 20 2.2.14 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.15 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. 2.2.16 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. 2.2.17 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 ACHD. 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. 2.2.18 At the completion of the project, the applicant shall be responsible to submit record drawings for any new pulic works infrastructure 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. 2.2.19 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 public 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. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.20 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 public 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. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. FIRE DEPARTMENT 3.1 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1. 3.2 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. 3.3 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 3.4 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in International Fire Code Section 505.1. 3.5 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 3.6 Buildings over 30' in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. Hamelin Village RZ-15-005; PFP-15-002; CUP-15-006 & ALT-15-005 PAGE 21 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to the site design submitted with the application. 5. REPUBLIC SERVICES 5.1 The applicant shall contact Bob Olson, Republic Services, at 208-345-1265 or rolson@republicservices.com to obtain approval of the dumpster location. 6. PARKS DEPARTMENT 6.1 The applicant shall comply with the tree mitigation standards set forth in UDC 11-313-10. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 A traffic impact fee may be assessed by ACHD and will be due prior to issuance of a building permit. Please contact ACHD Planning and Development Services at 387-6170 for information regarding impact fees. 7.1.2 Plans must be submitted to the ACHD Development Review Department prior to final approval. (Only when work is done in the ROW) 7.1.3 Prior to the construction or installation of any roadway improvements (curb, gutter, sidewalk, pavement widening, driveways, culverts, etc.) a permit or license agreement must be obtained from ACHD. (Only when work is done on the ROW) 7.1.4 Prior to the construction or installation of any roadway improvements (curb, gutter, sidewalk, pavement widening, driveways, culverts, etc.) a permit to work in the right-of-way must be obtained through ACHD Construction Services. For questions regarding the permitting process, please contact Construction Services at 387-6280. (For driveway paving ONLY) 7.1.5 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way (including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non -compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. Hamelin Village RZ-15-005; PFP-15-002; CUP-15-006 & ALT-15-005 PAGE 22 7.2.7 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 (1-811-342-1585) 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. 7.2.8 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. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 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 ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. Hamelin Village RZ-15-005; PFP-15-002; CUP-15-006 & ALT-15-005 PAGE 23 C. Legal Description and Exhibit Map for Proposed Rezone COMPASS LAND SURVEYING, P.L.L.C. 6940 N. Linder Road Telephone: (208) 442-0115 Meridian, Idaho 83646 Fax: (208) 327-2106 Email: ieffwb.cls(@gnail.com March 24, 2015 603 W. Pine Avenue Description A PARCEL OF LAND LOCATED IN THE NW1/4 OF THE SE1/4 SECTION 12, T. 3 N., R. 1 W., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND ALUMINUM CAP MONUMENT STAMPED 'PLS 12220" MARKING THE NW CORNER OF SAID NW1/4 SE1/4 (CENTER 1/4 CORNER OF SECTION 12), SAID CORNER BEARS S. 89°48 02" W., 2664.90 FEET FROM A FOUND BRASS CAP MONUMENT STAMPED "PLS 11118, 2013" MARKING THE NE CORNER OF SAID SE1/4 (EAST 1/4 OF SECTION 12); THENCE ALONG THE CENTER LINE OF SAID W. PINE AVE., N. 89°46'23" E., 659.94' (FORMERLY 660.001 TO A SET 5/8 INCH IRON PIN WITH CAP STAMPED -CLS PLS 11574" SAID POINT BEING THE POINT OF BEGINNING OF THIS PLAT; THENCE CONTINUING ALONG SAID CENTER LINE, N. 89°4623" E., 66.17 FEET (FORMERLY 66.00 FEET) TO A SET 5/8 INCH DIAMETER IRON PIN WITH PLASTIC CAP STAMPED "CLS PLS 11574"; THENCE LEAVING SAID CENTER LINE, S. 00°02n5" W., 330.00 FEET TO A POINT MARKING THE CENTER LINE OF W. IDAHO AVENUE; THENCE ALONG SAID CENTER LINE, S. 89°46'50" W., 65.94 FEET (FORMERLY 66.00 FEET) TO A POINT; THENCE ALONG THE EAST BOUNDARY OF SAID SEABURY SUBDIVISION, N. 00°00'04" E., 329.99 FEET (FORMERLY 330.00 FEET) TO THE POINT OF BEGINNING. CONTAINING 0.50 ACRES, MORE OR LESS. Hamelin Village RZ-15-005; PFP-15-002; CUP-15-006 & ALT-15-005 PAGE 24 REZONE EXHIBIT LOCATED IN SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, B.M. CITY OF MERIDIAN, ADA COUNTY, IDAHO W. PINE AVENUE i----------------------- S89'48'02'W--------------- 2884.9a--------------------------- ----- -----N89.46'23-E------------- --1419.70'--------------.J-J----� N � ' `12 7 89.49'SS'E ` —p _ _ _ _ - N S9'46'23' E 659.94, CIA Comer T Southv N S_9'4523" E RI T - v -� - --__t -Found Brews Cap Q CL � - 1245.20' 114Comer'PLS12220' tofway Pins Ave & E. IGyht of 91 -" 11118. 201r of W. Pha Avenue—,, CP&F No. 7513752, '1. 1 1 Way W. 41h St, Stamped W CP&F No. 7813493, 9349387 & 9363144 -1-4 • •Idaho Stale Hghway �J7 I S7251S8, 93745n, I Survey Marker. 45+72.85' 9401932E & 114006712 i 1 1 1 1 I l LOT 1 LOT 4 1 1 BLOCK 1 BLOCK 1 1 1 IUNPLATTED N j PARCEL NO, 49 c� S1212427965 M 0.50 ACRES ( 1 1 1 SEABURY S BDIVISION i BOOK 80, PAGES 8587 & 8588 1 1 0 25 60 100 1 1 LOT 2 13 Stale: V = 50 BLOCK 1 ! 1 to 1 LOT Qul 1� 1• 3 BLOCK 1 z1 I 0 0 Calculated point N N SUE'S SUBDIVISION Found brass tap 1 1 BOOK 80, PAGES 8571 & 8572 ® Found aluminum cap monument 115 4 LOT I ® Set 5/8 Inch die. x 30 Inch iron W 9, !tom 1 of W. IDAHO AVE. 1 -- pin w/plastic cap PLS 11574 Boundary line 65_94'— — — — Section/Center line _ _ — S 89'4650" W Lot Ina Hamelin Village RZ-15-005; PFP-15-002; CUP-15-006 & ALT-15-005 PAGE 25 D. Required Findings from Unified Development Code 1. REZONE: 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 Commission finds the proposed rezone to the R-40 zoning district is consistent with the HDR 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 Commission finds that the proposed R-40 zoning district and the proposed multi -family residential use is consistent with the purpose statement of the residential district in that it provides for a range of housing opportunities including apartments as proposed. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. However, the Commission recommends that the Council consider any oral or written testimony that may be provided when determining this finding. 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 Commission 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 11-513-1E). Because this application is for a rezone, this finding is not applicable. 2. PRELIMINARY/FINAL PLAT: 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; The Commission finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The Commission finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the Hamelin Village RZ-15-005; PFP-15-002; CUP-15-006 & ALT-15-005 PAGE 26 City's capital improvement program; Because City water and sewer and any other utilities will be provided by the developer at their own cost, the Commission 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; The Commission recommends that the Council rely upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The Commission is not aware of any health, safety, or environmental problems associated with the platting of this property that should be brought to the Council's attention. ACHD considers road safety issues in their analysis. The Commission recommends that the Commission consider all public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which Staff and the Commission are unaware. f. The development preserves significant natural, scenic or historic features. The Commission is unaware of any natural, scenic or historic features on this site. Therefore, the Commission finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Commission and Council may consider 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. 3. CONDITIONAL USE PERMIT: 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 Commission 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-40 zoning district and the specific use standards for multi -family developments. b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Commission finds that the proposed multi -family residential use in the R-40 zone meets the objectives of the Comprehensive Plan. 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. Hamelin Village RZ-15-005; PFP-15-002; CUP-15-006 & ALT-15-005 PAGE 26 The Commission finds that the general design, construction, operation and maintenance of the multi -family use will be compatible with existing residential and future commercial uses in the vicinity and with the existing and intended character of the vicinity so as to not adversely change the character of the area. The Commission recommends that the Council consider any public testimony that may be presented to determine whether or not the proposal will adversely affect the other properties in the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Commission 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 Commission 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. 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. The Commission finds that the applicant will 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 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 Commission finds that the proposed development should not involve activities that will create nuisances that would be detrimental to the general welfare of the surrounding area. The Commission 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 Commission finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. The Commission recommends that the Council 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 and the Commission are unaware. 4. Alternative Compliance Findings: In order to grant approval for alternative compliance, the Director shall determine the following findings: 1. Strict adherence or application of the requirements is not feasible; OR Hamelin Village RZ-15-005; PFP-15-002; CUP-15-006 & ALT-15-005 PAGE 27 The Director finds that strict adherence to the parking standards is still being met even though eight of the sixteen parking stalls are compact; this is an infill development. The Director also finds complying with the landscape standards is not feasible so that access to the proposed development can be provided from W. Idaho Avenue in accord with UDC 11-3A-3. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the alternative compliance provides an equal means for meeting the City's parking standards given its proximity to downtown and the fact that the parking ratio is consistent with UDC Table 11-3C-6. The Director also finds the applicant's proposal to increase the plantings along Pine Avenue and providing more common open space between the two (2) four-plexes provides an equal means for complying with the landscape standards set forth in UDC 11-313. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Director finds that the proposed alternative to the landscaping and parking will not be detrimental to the public welfare or impair the use/character of the surrounding properties. Hamelin Village RZ-15-005; PFP-15-002; CUP-15-006 & ALT-15-005 PAGE 28