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CC - Staff ReportStonesthrow Subdivision AZ-15-005; PP-15-006; CUP-15-009 PAGE 1 STAFF REPORT HEARING DATE: July 7, 2015 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: AZ-15-005; PP-15-006; CUP-15-009 – Stonesthrow Subdivision I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Steve Arnold, has submitted an application for annexation and zoning (AZ), preliminary plat (PP) and conditional use permit (CUP) for Stonesthrow Subdivision. The applicant proposes to annex and zone 10.26 acres of land from the RUT zoning district in Ada County to the R-40 zoning district in the City. The preliminary plat consists of 35 multi-family residential lots and 6 common lots in an R-40 zoning district on 9.22 acres of land. The conditional use permit is for a multi-family development consisting of 140 dwelling units in a proposed R-40 zoning district as required by UDC Table 11-2A-2. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ, PP and CUP based on the Findings of Fact and Conclusions of Law in Exhibit D of this report. The Meridian Planning & Zoning Commission heard these items on June 4, 2015. At the public hearing, the Commission moved to recommend approval of the subject AZ, PP and CUP requests. a. Summary of Commission Public Hearing: i. In favor: Steve Arnold ii. In opposition: Alvera McClain; Georgia Lett; Linda Monroe; Ruby Strubal; Deborah McKnight; Ray Valenti; Emery Helm; Richard Salisbury; Patricia Jennings; Randy Jennings; Doug Peterson; Lori Cover; Robert Stucker; Scott Kim; Delores Sass; Megan Ward; Ken Sansoucie; iii. Commenting: None iv. Written testimony: Steve Arnold; petition from adjacent property owners in Crossroads Subdivision; Emery & Pamela Helm; and Shirley Lovett v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. Traffic circulation and volumes in the general vicinity. c. Key Commission Change(s) to Staff Recommendation: i. Erect signage notifying the public of special needs/hearing impaired residents in the vicinity at the exit of the development on Florence (see condition #1.1.1d) ii. Where crosswalks are proposed they should be constructed as raised crosswalks for a length of 6-8 feet for traffic calming (or other traffic calming method as allowed by ACHD) (see condition #1.1.5e). Stonesthrow Subdivision AZ-15-005; PP-15-006; CUP-15-009 PAGE 2 d. Outstanding Issue(s) for City Council: i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-15- 005, PP-15-006 & CUP-15-009, as presented in the staff report for the hearing date of July 7, 2015, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-15-005, PP-15-006 & CUP-15-009, as presented during the hearing on July 7, 2015, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Numbers AZ-15-005, PP-15-006 & CUP-15-009 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 approximately ¼ mile south of E. Fairview Avenue on the west side of N. Mount Hood Avenue, in the NE ¼ of Section 9, Township 3 North, Range 1 East. (Parcel No. S1109121000) B. Applicant: Steve Arnold 1785 S. Whisper Cove Boise, ID 83709 C. Owner: Sable, LLC 2074 W. Rieber Drive Meridian, ID 83642 D. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for annexation, preliminary plat and 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: May 18 and June 1, 2015 (Commission); June 15 and 29, 2015 (City Council) C. Radius notices mailed to properties within 300 feet on: May 14, 2015 (Commission); June 11, 2015 (City Council) D. Applicant posted notice on site(s) on: May 22, 2015 (Commission); June 19, 2015 (City Council) VI. LAND USE A. Existing Land Use(s): The site consists of vacant undeveloped land, zoned RUT in Ada County. Stonesthrow Subdivision AZ-15-005; PP-15-006; CUP-15-009 PAGE 3 B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Wal-Mart, zoned C-C; and a cemetery, zoned RUT in Ada County South: Single-family residential properties in Macaile Meadows Subdivision, zoned R-8 East: Single-family residential properties in the development process, zoned RUT in Ada County West: Single-family residential properties in Crossroads Subdivision, zoned R-4 C. History of Previous Actions: NA D. Utilities: 1. Location of sewer: A sanitary sewer main intended to provide service to the subject site currently exists at the western boundary in E. Florence Drive. 2. Location of water: Water mains intended to provide service to the subject site currently exist at the end of E. Florence Drive, N. Venture Street, and N. Mount Hood Avenue. 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There are no open ditches 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) currently designates this property 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. Developments might include duplexes, apartment buildings, townhouses, and other multi-unit structures. A desirable project would consider the placement of parking areas, fences, berms, and other landscaping features to serve as buffers between neighboring uses. Developments need to incorporate high quality architectural design and materials and thoughtful site design to ensure quality of place and should also incorporate high quality architectural design and materials and thoughtful site design that incorporate connectivity with adjacent uses and area pathways, attractive landscaping and individual project identity. The applicant proposes to develop 140 apartment units on the site consisting of a mix of 2 and 3 bedroom units resulting in a gross density of 15.18 dwelling units per acre (d.u./acre) and a net density of 16.39 d.u./acre, consistent with the HDR designation. Staff has reviewed the proposed building elevations for the multi-family structures and deems them to be of high quality design and materials (e.g. mix of fiber cement board and batten and/or shingle style siding, horizontal lap siding, and trim and fascia with architectural grade asphalt shingles) as desired in HDR designated areas. Landscaping is proposed along the perimeter boundaries, which will assist in providing a buffer to adjoining residential and commercial uses. The layout and design of the development with the off-set buildings provides modulation, interest, and varying setbacks to adjacent streets and abutting uses. Stonesthrow Subdivision AZ-15-005; PP-15-006; CUP-15-009 PAGE 4 Although the adjacent residential developments to the west, south and north did not provide any pedestrians connections to this sit, pathways are proposed internally for interconnectivity throughout the development. 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 within this part of the City and offer rental options for 2 and 3 bedroom units.  “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 sewer and water services are available to be extended to the subject property with development of the property.  “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The proposed multi-family residential development should be compatible with existing and future single-family residential uses to the south, west and east while providing a transition and buffer to the existing commercial use (Wal-Mart) to the north. The applicant proposes a modified pinwheel design for the structures that abut existing residential properties to the west and south. These structures have their front entrance on the other sides of the structures; only a patio with a sliding door will face the west and south respectively. Additionally, a greater rear setback is proposed than the required 15 feet, ranging from 22-30 feet along the west boundary and 30-40 feet along the south boundary.  “Encourage infill development.” (3.01.02B) The subject property is surrounded by property on the north, west and south sides that has been annexed and developed in the City. Development of this parcel will allow city services to be extended to this site as planned.  “Require common area in all subdivisions.” (3.07.02F) Common area is proposed on Lot 1, Block 2 for a clubhouse, swimming pool and bocce ball court as shown on the landscape plan attached in Exhibit A.3. The applicant is required to provide qualified open space in accord with the standards listed in UDC 11-3G-3B.  “Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E) The proposed apartments will contribute to the variety of residential housing options and rental prices available within the City.  “Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets.” (2.01.04B) Landscaping is proposed within planter islands in the parking areas on this site as shown on the landscape plan attached in Exhibit A.3.  “Provide a walkable community through good design.” (2.01.01A) Stonesthrow Subdivision AZ-15-005; PP-15-006; CUP-15-009 PAGE 5 There are several sidewalk connections between buildings and to and through the proposed parking areas. The extension of sidewalk along Florence Drive also makes this community/neighborhood more walkable. There is a major retailer (Wal-Mart) just north of the subject site. Staff believes a pedestrian connection should be provided so members of the community/neighborhood do not have to walk all the way around the existing block wall to get there.  “Evaluate comprehensive impact of growth in all land use decisions (e.g., traffic impacts, school enrollment, parks, etc). (3.01.01B) Staff has evaluated the impact this development would have. Please see the analysis section and comments from other service providers. ACHD has included analysis in their report for the impact this development will have on traffic.  “Designate areas for high density residential on the Future Land Use Map.” (3.07.01G) This property is one of the few areas throughout the City designated high density residential on the FLUM.  “Provide housing options close to employment and shopping centers.” (3.07.02D) This site is adjacent to a Wal-Mart and near both the Crossroads shopping center and The Village. There are already single-family housing options in this area; the proposed project will provide additional housing options. For the above reasons, staff believes the proposed development is consistent with the policies and goals of the Comprehensive Plan and will be a desirable project in the HDR designated area. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zones: 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. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 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. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2A-8 for the R-40 zoning district apply to development of this site. D. Landscaping Standards (UDC 11-3B): The standards for landscaping contained in UDC 11-3B and 11-4-3-27F apply to development of this site.E. Common Open Space and Site Amenity Requirements: Common open space and site amenities are required to be provided on the site in accord with the requirements listed in UDC 11-3G-3; 11-4-3-27C; and11-4-3-27D. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: ANNEXATION (AZ): The applicant proposes to annex and zone 10.26 acres of land from the RUT district to the R-40 zoning district. As discussed above in Section VII, staff believes the proposed Stonesthrow Subdivision AZ-15-005; PP-15-006; CUP-15-009 PAGE 6 zoning and development is consistent with the goals and policies in the Comprehensive Plan and with the HDR designation for this site. The applicant has submitted a site plan, included in Exhibit A.4, which depicts how the site is proposed to develop with a multi-family residential development consisting of 140 dwelling units. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and zoned. The City may require a development agreement (DA) in conjunction with an annexation and zoning request pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the provisions included in Exhibit B and as detailed below. CONDITIONAL USE PERMIT (CUP): A CUP is requested for a multi-family development in an R-40 zoning district as required by UDC Table 11-2A-2. The multi-family development is proposed to consist of a total of 140 dwelling units in 35 four- plex structures with a clubhouse, swimming pool, pathways and a bocce ball court on 9.22 acres of land. A mix of 2 and 3 bedroom units are proposed. 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: (Staff’s comments in italics)  A minimum of 80 square feet (s.f.) of private useable open space is required to be provided for each unit. The applicant states that 80 s.f. of private useable open space will be provided for each unit through private patios. Staff recommends revised floor plans are submitted prior to the City Council hearing that clearly depicts the square footage of the patios in accord with this requirement.  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 property management office is proposed within the clubhouse building; each building will have a storage area for maintenance supplies; a central mailbox location with provisions for parcel mail and directory map of the development should be depicted on a revised site plan submitted prior to the City Council hearing.  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 35,000 s.f. (or 0.80 of an acre) of common open space is required to be provided. A total of 4.39 acres of common open space consisting of the clubhouse/swimming pool/bocce ball court lot and open space between buildings is proposed in excess of UDC standards.  For multi-family developments with 75 units or more, 4 site amenities are required to be provided with at least one from each category listed in UDC 11-4-3-27D. For developments with more than 100 units, the decision making body shall require additional amenities commensurate to the size of the proposed development. Because 140 units are proposed, more than 4 amenities should be provided for the site with at least one from each category (i.e. quality of life, open space, recreation). The applicant proposes to provide a clubhouse, swimming pool, bocce ball court, walking paths Stonesthrow Subdivision AZ-15-005; PP-15-006; CUP-15-009 PAGE 7 throughout the development, and a fitness facility in the clubhouse, which fall under the quality of life and recreation categories. Staff recommends one additional amenity from the open space category (i.e. open grassy area of at least 50’ x 100’ in size; community garden; ponds or water features; or a plaza) is provided within the proposed development.  The architectural character of the structures shall comply with UDC 11-4-3-27E. The conceptual elevations included in Exhibit A.4 appear to comply with this requirement. Administrative design review is required with the Certificate of Zoning Compliance application to ensure final design of structures comply with this requirement and design review requirements.  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 landscape plan submitted with the Certificate of Zoning Compliance should comply with this requirement for the structures that front on E. Florence Drive and N. Mount Hood Avenue.  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 should submit documentation of compliance with this requirement with the Certificate of Zoning Compliance application. Parking: For multi-family developments, off-street parking is required in accord with the standards listed in UDC Table 11-3C-6. Based on (140) 2-3 bedroom units, 140 covered spaces and 140 open spaces are required for a total of 280 parking spaces. The site plan depicts a total of 284 parking spaces, 50% of which will be covered, in accord with UDC standards. The site plan should be revised prior to the City Council meeting to include the locations of the covered parking stalls. For the clubhouse, a minimum of one space per 500 square feet of gross floor area is required to be provided in accord with the standards listed in UDC 11-3C-6B. Based 2,375 square feet, a minimum of 4 parking spaces are required; 4 spaces are depicted on the site plan in accord with UDC standards. A minimum of one bicycle parking space for every 25 proposed vehicle spaces or portion thereof is required to be provided on the site per UDC 11-3C-6G in accord with the standards listed in UDC 11-3C-5C. Based on 284 vehicle spaces required to be provided on the site, a minimum of 12 bicycle spaces are required. The applicant proposes 23 bicycle racks in compliance with this requirement. Landscaping: Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-3B-8C. The landscaping appears to comply with these standards except for the two rows of parking on the east side of the clubhouse/pool. Per the UDC, a linear group of parking spaces can’t exceed 12 in a row without an internal planter island. The parking area on the west side of the clubhouse and pool area has two rows of parking with more than 12 stalls and no planter island. Planter islands should be added within the parking areas on both sides of the drive aisle in accord with this requirement. Landscaping is required along the foundation of all street facing elevations in accord with the standards listed in UDC 11-4-3-27F; the landscape plan submitted with the Certificate of Zoning Compliance application should include landscaping in accord with this Stonesthrow Subdivision AZ-15-005; PP-15-006; CUP-15-009 PAGE 8 requirement on all street facing elevations along E. Florence Drive and N. Mount Hood Avenue. Building Elevations: Building elevations and pictures were submitted for the residential and clubhouse structures within this development as shown in Exhibit A.5. Three different designs of the residential structures are proposed consisting of a pinwheel design, modified pinwheel (there is not an entry on the back side of the structure, only a patio, on structures that abut existing residential properties), and a modern design. The proposed structures have the appearance of single-family homes rather than apartments. Building materials are proposed to consist of a mix of fiber cement board and batten and/or shingle style siding, horizontal lap siding, and trim and fascia with architectural grade asphalt shingles. Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate of Zoning Compliance application for establishment of the new use and to ensure all site improvements comply with the provisions of the UDC and the conditions in this report prior to construction, in accord with UDC 11-5B-1. Design Review: The applicant is required to submit an application for Design Review concurrent with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and building design is required to be consistent with the elevations and site plan submitted with this application and the standards listed in UDC 11-3A-19 and design guidelines included in the Meridian Design Manual. PRELIMINARY PLAT (PP): A 41 lot PP consisting of 35 building lots and 6 common lots in the R-40 zoning district is proposed on 9.22 acres of land for Stonesthrow Subdivision. The plat is proposed to develop in three phases as shown on the phasing plan in Exhibit A.2. Existing Structures: There are no existing structures on this site. 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. Construction of buildings on the site should comply with the setback and dimensional standards for the R-40 district. The proposed plat is required to comply with the maximum block length standards listed in UDC 11-6C-3F; staff has reviewed the plat and it complies with these standards. Access: The proposed plat depicts access to the development via N. Mount Hood Avenue and the extension of E. Florence Drive, both local streets. Several driveways are proposed via E. Florence Drive. The UDC does not restrict access to local streets. Stub Streets: There is one stub street (E. Florence Drive) that exists to this site located at the west boundary, which is proposed to be extended through the site and connect to N. Venture Street with the first phase of development. Extension of Florence Drive into and through this site is key for both neighborhood connectivity and vehicular circulation and access to a signal at Fairview Avenue (at Records). No stub streets are proposed with this development as the surrounding property is already developed. Traffic Impact Study (TIS): A TIS was submitted to and reviewed by ACHD which included the single-family residential project to the east (White Cloud Subdivision). The ACHD report states all of the existing local streets will operate within ACHD’s acceptable level of service thresholds for local streets. Stonesthrow Subdivision AZ-15-005; PP-15-006; CUP-15-009 PAGE 9 Street Improvements: The applicant proposes to complete Venture Street and Mount Hood Avenue as 36-foot street sections with vertical curb, gutter, and 5-foot wide attached concrete sidewalks within the existing right-of-way. Florence Drive is proposed to be extended through the site and connect to Venture Street as a 36- foot street section with curb, gutter and 5-foot wide detached sidewalks. Three bulb outs are also proposed to be constructed on Florence for traffic calming purposes. ACHD recommended to the applicant and the City in their staff report that the applicant work with Wal-Mart to construct a driveway from Venture Street to the existing Wal-Mart north of the site. ACHD would pay for the design and the construction of the driveway if an agreement with Wal-Mart could be made, as the driveway would provide direct access to shopping reducing vehicle trips on area residential streets. Staff concurs with ACHD’s recommendation and is including a condition of approval to that effect. Landscaping: Street buffer landscaping is not required to be provided as only local streets abut this site; local streets do not require a street buffer in the R-40 zoning district. Open Space: A minimum of 10% (or 0.92 of an acre) of the area of the site is required to consist of qualified open space in addition to the requirements listed in UDC 11-4-3-27, per UDC 11-3G- 3A. Qualified open space must comply with the standards listed in UDC 11-3G-3B. A total of 4.39 acres of common open space is depicted on the plans. However, the open space proposed does not meet the minimum requirements for qualified open space. A total of 19,402 s.f. (or 0.45 of an acre) of qualified open space is proposed within Lot 1, Block Block 2; an additional 0.47 of an acre of qualified open space is required to be provided. Staff recommends the applicant provide details on the provision of the additional qualified open space at, or prior to, the Commission hearing. Site Amenities: A minimum of one site amenity that meets the requirements listed in UDC 11- 3G-3C is required to be provided with this development in addition to the site amenity requirements listed in UDC 11-4-3-27, Multi-family Developments, per UDC11-3G-3A. Qualified site amenities must comply with the standards listed in UDC 11-3G-3C. Staff recommends the applicant provide one additional site amenity in accord with this standard; details of the amenity should be provided at, or prior to, the Commission hearing. Multi-Use Pathway: No multi-use pathways are designated on the Pathways Master Plan for this site. Waterways: There are no open ditches on this site. Fencing: All fencing should comply with the standards listed in UDC 11-3A-7. A detail for six-foot tall vinyl privacy fence and 6-foot tall vinyl with lattice top fence is depicted on the landscape plan for fencing that may be constructed around the perimeter of this site to replace the existing fence(s); the applicant is unsure at this point if fencing will be constructed. The plan submitted with the Certificate of Zoning Compliance application should depict the type and location of all fencing if proposed. There is existing cedar fencing along the west boundary of this site and along the north boundary of the building lots along the south boundary of the site; cinder block fencing exists along the north boundary of the site. For interconnectivity to the Wal-Mart parcel to the north, staff recommends a small section of the wall is removed, with the permission of Wal-Mart, and a pathway connection is provided. Stonesthrow Subdivision AZ-15-005; PP-15-006; CUP-15-009 PAGE 10 Additionally, because there is a 10-foot wide common area lot along the southern boundary of the site on the Macaile Meadows property, staff recommends any fencing installed along this boundary comply with the standards listed in UDC 11-3A-7A.7. Sidewalks: Sidewalks are required to be provided with development in accord with the standards listed in UDC 11-3A-17 along E. Florence Drive, N. Venture Street and N. Mount Hood Avenue. A 5-foot wide detached sidewalk is proposed along both sides of E. Florence Dr. and a 5-foot wide attached sidewalk is proposed along N. Venture Street and N. Mount Hood Avenue. Utilities: Street lighting is required to be installed within the development in accord with the City’s adopted standards, specifications and ordinances. All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Adequate fire protection shall be required in accord with the appropriate fire district 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 and will be served by the Nampa & Meridian Irrigation district. 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. Storm drainage is proposed to be retained on-site through surface and subsurface facilities as approved by ACHD. 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. Preliminary Plat (dated: 04/08/15) & Phasing Plan 3. Landscape Plan (dated: 04/08/15) 4. Site Plan (dated: 04/08/15) 5. Conceptual Building Elevations (dated: 10/15/14 and 04/09/15) & Pictures B. Agency Comments/Conditions of Approval 1. Planning Division 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company 6. Ada County Highway District 7. Parks Department C. Legal Description and Exhibit Map for Proposed Annexation D. Required Findings from Unified Development Code Stonesthrow Subdivision AZ-15-005; PP-15-006; CUP-15-009 PAGE 11 Exhibit A.1: Vicinity Map Stonesthrow Subdivision AZ-15-005; PP-15-006; CUP-15-009 PAGE 12 Exhibit A.2: Preliminary Plat (dated: 04/08/15) & Phasing Plan Stonesthrow Subdivision AZ-15-005; PP-15-006; CUP-15-009 PAGE 13 Exhibit A.3: Landscape Plan (dated: 04/08/15) Stonesthrow Subdivision AZ-15-005; PP-15-006; CUP-15-009 PAGE 14 Exhibit A.4: Site Plan (dated: 04/08/15) Stonesthrow Subdivision AZ-15-005; PP-15-006; CUP-15-009 PAGE 15 Stonesthrow Subdivision AZ-15-005; PP-15-006; CUP-15-009 PAGE 16 Exhibit A.5: Conceptual Building Elevations (dated: 10/15/14 and 04/09/15) & Pictures Pinwheel Design (Internal lots – Lots 17-20 & 30-33 and Lot 5, Blk 2) Stonesthrow Subdivision AZ-15-005; PP-15-006; CUP-15-009 PAGE 17 Modified Pinwheel Design (no rear entry) (lots along south and west boundaries) Stonesthrow Subdivision AZ-15-005; PP-15-006; CUP-15-009 PAGE 18 Modern Design (all other lots) Stonesthrow Subdivision AZ-15-005; PP-15-006; CUP-15-009 PAGE 19 Stonesthrow Subdivision AZ-15-005; PP-15-006; CUP-15-009 PAGE 20 Stonesthrow Subdivision AZ-15-005; PP-15-006; CUP-15-009 PAGE 21 Stonesthrow Subdivision AZ-15-005; PP-15-006; CUP-15-009 PAGE 22 Stonesthrow Subdivision AZ-15-005; PP-15-006; CUP-15-009 PAGE 23 Stonesthrow Subdivision AZ-15-005; PP-15-006; CUP-15-009 PAGE 24 Stonesthrow Subdivision AZ-15-005; PP-15-006; CUP-15-009 PAGE 25 B. Agency Comments/Conditions 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 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. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. Development of the site shall substantially comply with the site plan, building elevations and materials included in Exhibit A, the design standards listed in UDC 11-3A-19 and the guidelines contained in the City of Meridian Design Manual, and the conditions in this report. b. The developer shall work with Wal-Mart to construct a driveway from Venture Street to the existing Wal-Mart north of the site. ACHD would pay for the design and the construction of the driveway if an agreement with Wal-Mart could be made, as the driveway would provide direct access to shopping reducing vehicle trips on area residential streets. If Wal-Mart declines permission in writing, the developer shall be absolved of this requirement. c. The developer shall work with Wal-Mart to obtain permission to remove a small section of the wall along the north boundary of the site for a pedestrian connection between this development and Wal-Mart. If Wal-Mart declines permission in writing, the developer shall be absolved of this requirement. d. Signage shall be erected at the exit of the development on E. Florence Drive notifying the public of special needs/hearing impaired residents in the vicinity. 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. Floor plans shall be submitted with the Certificate of Zoning Compliance application that clearly depicts a minimum of 80 square feet for the patios in compliance with private useable open space standards. 1.1.3 The preliminary plat included in Exhibit A.2, dated 4/8/15, shall be revised prior to the City Council hearing as follows: a. Provide an additional minimum 0.47 of an acre of qualified open space as required in UDC 11-3G-3A in accord with the standards listed in UDC 11-3G-3B. 1.1.4 The landscape plan included in Exhibit A.3, dated 4/8/15, shall be revised prior to the City Council hearing as follows: 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. Include a calculations table demonstrating compliance with the qualified open space requirements listed in UDC 11-3G-3B. Stonesthrow Subdivision AZ-15-005; PP-15-006; CUP-15-009 PAGE 26 c. A landscaped planter island is required within the rows of parking on each side of the drive aisle on the east side of the clubhouse/swimming pool in accord with UDC 11-3B-8C. d. Fencing details should be included on the plan if fencing is proposed. Any fencing proposed along the southern boundary should comply with the standards listed in UDC 11-3A-7A.7 for fencing adjacent to common open space. e. Provide an additional minimum 0.47 of an acre of qualified open space as required in UDC 11-3G-3A in accord with the standards listed in UDC 11-3G-3B. 1.1.5 The site plan included in Exhibit A.4, dated 4/8/15, shall be revised prior to the City Council hearing as follows: a. Depict the location of 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, in accord with UDC 11-4-3-27B. b. Include locations of covered parking in accord with the standards listed in UDC 11-3C-6. c. The site plan shall depict a central mailbox location with provisions for parcel mail and directory map of the development in accord with UDC 11-4-3-27B.7. d. Provide an additional minimum 0.47 of an acre of qualified open space as required in UDC 11-3G-3A in accord with the standards listed in UDC 11-3G-3B. e. Where crosswalks are proposed they should be raised for a length of 6-8 feet for traffic calming (or other traffic calming method should be provided as allowed by ACHD). 1.1.6 The final plat shall substantially comply with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C. 1.1.7 A minimum 5-foot wide detached sidewalk shall be constructed along E. Florence Drive and a 5- foot wide attached sidewalk shall be constructed along N. Mount Hood Avenue and N. Venture Street as proposed in accord with the standards listed in UDC 11-3A-17 with the first phase of this development. 1.1.8 A minimum of 0.92 of an acre (or 10% of the area of the site) of qualified open space is required to be provided on the site as set forth in accord with the standards listed in UDC 11-3G-3B. The applicant shall provide details at the Commission hearing regarding compliance with this standard. 1.1.9 The developer shall provide a clubhouse, swimming pool, bocce ball court, walking paths throughout the development, and a fitness facility in the clubhouse as site amenities in accord with UDC 11-4-3-27D and 11-3G-3C as proposed. In addition, two other site amenities are required to be provided; one from the open space category (i.e. open grassy area of at least 50’ x 100’ in size; community garden; ponds or water features; or a plaza). per UDC 11-4-3- 27D; and one as set forth in UDC 11-3G-3C. The applicant shall provide details at, or prior to, the Commission hearing on what these amenities will be. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the applicable 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. Stonesthrow Subdivision AZ-15-005; PP-15-006; CUP-15-009 PAGE 27 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3B-5I, 11-3B-8C, and Chapter 3 Article C. 1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C (streets). 1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.10 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.11 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. 1.2.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 1.2.13 Construct all required landscape areas used for storm water integration consistent with the standards as set forth in UDC 11-3B-11C. 1.2.14 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. 1.2.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.2.16 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 1.2.17 All fencing constructed on the site shall comply with the standards as set forth in UDC 11-3A-7 and 11-3A-6B as applicable. 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 11-5B-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 11-5B-6F1 or 2) gain approval of a time extension as set forth in UDC 11-5B-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. Stonesthrow Subdivision AZ-15-005; PP-15-006; CUP-15-009 PAGE 28 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 Street lighting is shown on the landscape plan for private entrances, but type 2 lighting will be required at the intersection of Florence Drive and Venture Street, and at the corner where Florence Drive meets Mount Hood Avenue. A street light plan needs to be included as part of the final plat application. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer 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. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 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. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 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. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 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. Stonesthrow Subdivision AZ-15-005; PP-15-006; CUP-15-009 PAGE 29 2.2.8 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. 2.2.9 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. 2.2.10 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. 2.2.11 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. 2.2.12 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. 2.2.13 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. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 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. 2.2.18 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. 2.2.19 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. 2.2.20 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. 2.2.21 100 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 light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found on the city of meridian Public Works Department’s website at http://www.meridiancity.org/public_works.aspx?id=272. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Stonesthrow Subdivision AZ-15-005; PP-15-006; CUP-15-009 PAGE 30 2.2.22 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. 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. 2.2.23 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. 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 Any newly installed Fire Department connections for sprinkler or standpipes will require locking Knox box plugs. 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 ½” 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 ½” outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 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. 3.4 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. 3.5 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 3.6 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. 3.7 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. 3.8 Maintain a separation of 5’ from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. 3.9 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. Stonesthrow Subdivision AZ-15-005; PP-15-006; CUP-15-009 PAGE 31 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 There shall be a fire hydrant within 100’ of all fire department connections as set forth in local amendment to the International Fire Code 10-4-2L. 3.12 Buildings over 30’ in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. 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 locations on the multi-family residential portion of the site. 6. PARKS DEPARTMENT 6.1 The Park’s Department has no comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Complete Venture Street and Mount Hood Avenue as 36-foot street sections with vertical curb, gutter, and 5-foot wide attached concrete sidewalks within the existing right-of-way, as proposed. 7.1.2 Extend Florence Drive east through the site tying into Venture Street as a 36-foot street section with vertical curb, gutter, and 5-foot wide detached concrete sidewalks within 50-feet of right-of- way. Provide a permanent right-of-way easement if public sidewalks are placed outside of the dedicated right-of-way. 7.1.3 Construct 2 bulb-outs providing a minimum width of 24-feet of pavement curb to curb on Florence Drive, as proposed. Provide written fire department approval for the use of the bulb- outs. 7.1.4 Construct 5 driveways onto Florence Drive and one driveway onto Mount Hood Avenue, as noted below. Pave all of the driveways their full width at least 30-feet into the site beyond the edge of pavement of Florence Drive and Mount Hood Avenue.  Two 24-foot wide driveways onto Florence Drive (north and south sides), located approximately 125-feet east of the west property line.  One 28-foot wide driveway onto Florence Drive, located approximately 250-feet east of the west property line.  One 28-foot wide driveway onto Florence Drive, located approximately 340-feet east of the west property line.  One 28-foot wide driveway onto Florence Drive, located approximately 455-feet east of the west property line.  One 28-foot wide driveway onto Mount Hood Avenue, located approximately 200-feet north of the south property line. Stonesthrow Subdivision AZ-15-005; PP-15-006; CUP-15-009 PAGE 32 7.1.5 If an agreement can be made with Wal-Mart, coordinate the construction of a driveway from Venture Street to the existing Wal-Mart located north of the site. ACHD will be responsible for the design and construction of the driveway. 7.1.6 Payment of impacts fees are due prior to issuance of a building permit. 7.1.7 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. 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 Stonesthrow Subdivision AZ-15-005; PP-15-006; CUP-15-009 PAGE 33 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. Stonesthrow Subdivision AZ-15-005; PP-15-006; CUP-15-009 PAGE 34 C. Legal Description and Exhibit Map for Proposed Annexation Stonesthrow Subdivision AZ-15-005; PP-15-006; CUP-15-009 PAGE 35 Stonesthrow Subdivision AZ-15-005; PP-15-006; CUP-15-009 PAGE 36 Stonesthrow Subdivision AZ-15-005; PP-15-006; CUP-15-009 PAGE 37 D. Required Findings from Unified Development Code 1. ANNEXATION: 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 annexation 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 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 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 11-5B-3.E). The Commission finds annexing this property with R-40 zoning district is in the best interest of the City as the property will be able to develop as multi-family project consistent with the vision of the Comprehensive Plan. Further, annexation of this property will allow utilization of available City services and a reduction of enclave areas in the City. 2. PRELIMINARY 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 Stonesthrow Subdivision AZ-15-005; PP-15-006; CUP-15-009 PAGE 28 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 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 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 Council consider any public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which the Commission 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 and policies 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. The Commission finds that the general design, construction, operation and maintenance of the multi-family use will be compatible with existing residential and commercial uses in the vicinity and with the existing and intended character of the area and will not adversely change the character of the area. The Commission recommends 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. Stonesthrow Subdivision AZ-15-005; PP-15-006; CUP-15-009 PAGE 29 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. The ACHD report states all of the existing local streets will operate within ACHD’s acceptable level of service thresholds for local streets. 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 the Commission is unaware.