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Verraso Village No. 2 H-2016-0005CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0005 Page 1 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Conditional Use Permit for a Multi-Family Development Consisting of 32 Dwelling Units on 2.61 Acres of Land in a C-G Zoning District for Verraso Village No. 2, Located at 3476, 3478, 3510, 3524, 3540 and 3564 Modelo Lane and 2975 N. Records Ave., by Chad Olsen. Case No(s). H-2016-0005 For the Planning & Zoning Commission Hearing Date of: February 18, 2016 (Findings on March 3, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 18, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 18, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 18, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 18, 2016, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this decision, which shall be signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0005 Page 2 upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the conditions of approval in the attached staff report for the hearing date of February 18, 2016, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the Planning & Zoning Commission’s authority as provided in Meridian City Code § 11- 5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for a conditional use permit is hereby approved in accord with the conditions of approval in the staff report for the hearing date of February 18, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City in accord with UDC 11-5B-6F.1. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two (2) year period in accord with UDC 11-5B-6F.2. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.F.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as determined and approved by the Commission may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff report for the hearing date of February 18, 2016 EXHIBIT A Verraso Village No. 2 - CUP (H-2016-0005) PAGE 1 STAFF REPORT HEARING DATE: February 18, 2016 TO: Planning & Zoning Commission FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Verraso Village No. 2 – CUP (H-2016-0005) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Chad Olsen, has applied for a conditional use permit (CUP) for a multi-family development consisting of 32 dwelling units on 2.61 acres of land in the C-G zoning district for Phase 2 of Verraso Village, as required by UDC Table 11-2B-2. See Section VIII, Analysis, for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CUP application with the conditions of approval in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report. The Meridian Planning and Zoning Commission heard this item on February 18, 2016. At the public hearing, the Commission moved to approve the subject CUP request. a. Summary of Commission Public Hearing: i. In favor: Chad Olsen ii. In opposition: None iii. Commenting: None iv. Written testimony: Chad Olsen v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. None c. Key Commission Changes to Staff Recommendation: i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016- 0005 as presented in the staff report for the hearing date of February 18, 2016, with the following modifications: (Add any proposed modifications.) I further recommend Staff to prepare Findings of Fact and Conclusions of Law & Order for the hearing date of March 3, 2016. Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0005, as presented during the hearing on February 18, 2016, for the following reasons: (You should state specific reasons for denial.) EXHIBIT A Verraso Village No. 2 - CUP (H-2016-0005) PAGE 2 Continuance I move to continue File Number H-2016-0005 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 subject property is located south of E. Ustick Road on the west side of N. Records Way at 3476, 3478, 3510, 3524, 3540, and 3564 Modelo Lane and 2975 N. Records Ave., in the northwest ¼ of Section 4, Township 3 North, Range 1 East. B. Applicant: Chad Olsen 12790 W. Telemark Street Boise, ID 83713 C. Owner: Una Mas, LLC 1717 E. Chisholm Drive Nampa, ID 83687 D. Representative: Same as applicant E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a conditional use permit which requires a public hearing before the Planning & Zoning Commission, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: February 1 and 15, 2016 C. Radius notices mailed to properties within 300 feet on: January 28, 2016 D. Applicant posted notice on site by: February 8, 2016 VI. LAND USE A. Existing Land Use(s) & Zoning: This site consists of vacant/undeveloped land, zoned C-G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Vacant/undeveloped land, zoned C-G South: Multi-family (Verasso No. 1), zoned C-G East: Single-family rural residential properties, zoned RUT in Ada County West: Commercial development (Gold’s Gym and Rosauers), zoned C-G C. History of Previous Actions:  The subject property was annexed (AZ-05-061, Ord. #06-1251) in 2005 with a C-G zoning district. A development agreement was recorded as a provision of annexation (Instrument No. 106137048).  A preliminary plat (PP-08-007) was approved in 2008 for Una Mas Subdivision. A private EXHIBIT A Verraso Village No. 2 - CUP (H-2016-0005) PAGE 3 street (PS-08-006) application was also approved for two private streets within the development, which included Modelo Lane that runs along the south boundary of this site.  A final plat (FP-09-002) was approved in 2009 for Una Mas Subdivision and was later recorded in 2011 (Bk. 103, Pg. 13894). The subject property was included in the plat as Lots 11-17, Block 1. A modification to the final plat (MFP-11-002) was approved in 2011, which allowed a right-in/right-out access via N. Records Ave. for Lot 1 and others as approved specifically by the City and ACHD.  A modification to the development agreement (H-2015-0016) for Una Mas subdivision was approved by City Council in 2015 that removed the requirement for future structures within the development to comply with the building elevations previously approved by Council with the annexation and only requires future buildings to obtain design review approval. D. Utilities: Location of sewer: A sanitary sewer main intended to serve the subject site exists directly to the east in N. Records Avenue. Location of water: Water mains intended to serve the subject site exists at he south west corer of the subject site in Modelo Lane. Issues or concerns: Applicant shall be required to install a sanitary sewer main in the yet unnamed Private Drive along the north boundary to provide service to the development. E. Physical Features: 1. Canals/Ditches Irrigation: There are no open ditches that cross this site. 2. Hazards: Staff is unaware of any hazards that may exist on this site. 3. Flood Plain: This property does not lie within the floodplain or flood way. VII. COMPREHENSIVE PLAN ANALYSIS This site is designated Mixed Use – Regional (MU-R) on the Comprehensive Plan Future Land Use Map (FLUM). The purpose of this designation is to provide a mix of employment, retail, and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together, including residential, and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. Fox example, an employment center should have support retail uses; a retail center should have supporting residential uses as well as support retail uses; a retail center should have supporting residential uses as well as supportive neighborhood and community services. The standards for the MU-R designation provide an incentive for larger public and quasi-public uses where they provide a meaningful and appropriate mix to the developments. The developments are encouraged to be designed according to the conceptual MU-R plan depicted in Figure 3-5 of the Comprehensive Plan. This site is proposed to develop with medium high-density residential uses at a gross density of 12.2 dwelling units per acre (d.u./acre). The proposed development consists of 32 dwelling units constructed in sets of two attached units on 2.61 acres of land. The proposed use should contribute to the mix of housing opportunities in this area adjacent to retail, employment and restaurant uses near major intersections (Eagle & Ustick Roads and Eagle & Fairview Roads), consistent with the plan for MU-R designated areas. EXHIBIT A Verraso Village No. 2 - CUP (H-2016-0005) PAGE 4 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, pg. 56) The future development consists of essentially single-family attached units in groups of two constructed as a multi-family development with a shared common area and amenities. However, the units are not on individual lots so it is considered a multi-family project. The residential dwellings, which all contain 3 bedrooms and 3.5 bathrooms, should contribute to the variety of rental options available within the City.  “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, pg. 45) City services will be provided and extended with development of this site.  “Require appropriate landscaping and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.) A 20-foot wide landscaped street buffer is required along N. Records Avenue, a collector street, as proposed.  “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F, pg. 53) The proposed residential units should be compatible with existing rural residential properties to the east across N. Records Avenue; there is existing and future commercial (C-G allowed) uses to the west, north and south.  “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) The applicant proposes one new driveway access via N. Records Avenue, a collector street, for access to the units proposed on the north side of the mew.  “Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity.” (3.07.02C) There are pedestrian pathways depicted on the site plan through the mew for access to each unit and connection to the sidewalk along N. Records Avenue.  “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.” (3.07.02, pg. 55) The proposed medium high-density development is located near major access thoroughfares [N. Eagle Road (State Highway 55) and E. Ustick Road & E. Fairview Ave. (both arterial streets)] and is within walking distance of Kleiner Park, a 60 acre City park, and The Village at Meridian shopping center to the south. VIII. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: CONDITIONAL USE PERMIT (CUP): A conditional use permit is requested for a multi-family development in the C-G zoning district in accord with UDC Table 11-2B-2. EXHIBIT A Verraso Village No. 2 - CUP (H-2016-0005) PAGE 5 The development is proposed to consist of (32) 3-bedroom/3.5 bath residential dwellings on 2.61 acres of land. The residences will be constructed as attached units in sets of 2 with shared common area and amenities. The subject property consists of 4 building lots (Lots 14-17, Block 1) and a portion of 3 other building lots (Lots 11-13, Block 1) in Una Mas Subdivision. 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:  A minimum of 80 square feet (s.f.) of private useable open space is req uired to be provided for each unit. Floor plans were submitted that depict a 4.5-foot wide x 18-foot long private patio for each unit which demonstrates compliance with this requirement.  Development with 20 units or more are required to provide a property management office, maintenance storage area, central mailbox location (including provisions for parcel mail) that provides safe pedestrian and/or vehicular access, and a directory and map of the development at an entrance or convenient location for those entering the development. The property management and leasing office and maintenance storage area located within the first phase of development to the south of this site and will also serve Phase 2. Two mailbox locations are proposed centrally within the site one on each side of the mew, and an address sign is depicted on the site plan at each of the entries off N. Records Avenue.  At a minimum, 350 s.f. of outdoor common open space is required for each unit containing more than 1,200 s.f. of living area. All of the proposed units (32) contain over 1,800 square feet of living area; therefore, a minimum of 11,200 square feet of common open space is required in accord with the standards listed in UDC 11-4-3-27C. The applicant proposes 16,480 s.f. of common open space consisting of the courtyard (mew), 20’ x 216’ common area along the west boundary which also doubles as an emergency access, and the street buffer along the collector street (N. Records Avenue). The mew is proposed to be separated and screened from the street buffer along Records Avenue by a 5-foot tall wall with a pedestrian access gate. The west end of the mew is proposed to be fenced with a privacy fence; staff recommends a wrought iron fence with a gate is provided instead to provide visibility of the common area – the applicant has agreed to this change. The common are is proposed to be constructed concurrently with the adjacent dwellings.  For multi-family developments between 20 and 75 units, three (3) amenities are required to be provided with at least one from each category listed in UDC 11-4-3-27D.1. A total of 32 units are proposed, which requires a minimum of 3 amenities to be provided. The applicant proposes a walkway through the mew with connections to each unit; and 8 fountains within the mew – one in front of each of the structures, which qualify as open space and recreation amenities. A clubhouse/meeting area with a veranda, which qualifies as a quality of life amenity, is being provided with the first phase of development and will also serve this phase. These amenities satisfy this requirement.  The architectural character of the structures shall comply with UDC 11-4-3-27E. The proposed elevations provide articulation and variety through varying roof planes, windows, and offset walls. The main entrances to the units are designed as a focal point with overhead weather protection. A variety of sloped roof forms are proposed for interest from the street. Exterior building materials are proposed to consist primarily of stucco with cement board siding accents and metal or composition shingle roofing which conveys permanence and durability. The facades of the structures facing the mew EXHIBIT A Verraso Village No. 2 - CUP (H-2016-0005) PAGE 6 incorporate a lot of windows. Overall, the architectural character of the proposed structures complies with UDC 11-4-3-27E. All roof and wall mounted mechanical, electrical, communications and service equipment should be screened from public view from the adjacent public streets and properties. The design of all structures on the site are subject to the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual and will be reviewed with the Design Review application(s).  Landscaping is required to comply with UDC 11-4-3-27-F. All street facing elevations shall have landscaping along their foundations 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. Landscaping is required in accord with this requirement and shall be depicted on the landscape plan submitted with the Certificate of Zoning Compliance application.  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 shall submit documentation of compliance with this requirement with submittal of the Certificate of Zoning Compliance. Dimensional Standards: The proposed development is required to comply with the dimensional standards of the C-G zoning district listed in UDC Table 11-2B-3 and for multi-family developments listed in 11-4-3-27. The setbacks for the C-G district are 0; however, the 20-foot required street buffer along Records Way will serve as a setback on the east side of the development. UDC 11-4-3-27B.1 requires a minimum building setback of 10 feet unless a greater setback is otherwise required. Staff has reviewed the proposed site plan and found it in compliance with the aforementioned standards. Access: Access is depicted on the site plan to each structure on the south side of the mew from Modelo Lane, a private street, via N. Records Avenue along the east boundary of the site; a driveway is proposed for access to each structure along the north side of the mew via N. Records Avenue. Grass-crete is proposed within the common area along the west side of the development for emergency access from Modelo to the driveway. Note: As part of ACHD’s approvals for The Village at Meridian project, the developer (CenterCal) was required to construct Records Avenue from E. River Valley Street to its current terminus at the south boundary of Una Mas subdivision with development of Phase III. Parking: The UDC requires off-street vehicle parking to be provided on the site in accord with the standards listed in Table 11-3C-6 for multi-family developments. Based on these standards, a total of 32 covered and 32 uncovered spaces are required. Two-bay garages with associated 2- space parking pads are proposed for each of the units; parking pads should be 20 feet by 20 feet in size. The proposed site plan complies with UDC standards for parking. One bicycle parking space is required to be provided for every 25 proposed vehicle spaces per UDC 11-3C-6G. Based on a total of 128 proposed parking spaces, a minimum of 5 bicycle parking spaces should be provided for the development. There is one bicycle rack depicted on the site plan at the northeast corner of the site. Multi-Use Pathway: There is not a multi-use pathway designated on this site in the Master Pathways Plan. EXHIBIT A Verraso Village No. 2 - CUP (H-2016-0005) PAGE 7 Landscaping: A minimum 20-foot wide landscaped street buffer is required along N. Records Avenue, a collector street, in accord with the standards listed in UDC 11-3B-7C as proposed. A minimum 5-foot wide landscape buffer is required along the perimeter of the site on the north side of the driveway that provides access for the homes on the north side of the mew in accord with UDC 11-3B-8C. Common Open Space & Site Amenities: Because this site is below 5 acres in size and in a commercial district, the open space and site amenity requirements listed in UDC 11-3G-3 are not applicable. However, common open space and site amenities are required per the specific use standards listed in UDC 11-4-3-27 as noted above. Sidewalks/Pathways: A five-foot wide detached sidewalk exists on this site along N. Records Avenue in accord with UDC 11-3A-17. A pathway is proposed within the mew for pedestrian access to each of the units. A sidewalk was required to be constructed with the first phase of development along the south side of Modelo Lane. Lighting: Lighting is proposed within the planters in the courtyard/mew. All lighting shall comply with the standards listed in UDC 11-3A-11 and shall be designed so as not to trespass beyond the courtyard area and become a nuisance to adjacent dwellings. Fencing: All fencing constructed on the site is required to comply with the standards listed in UDC 11-3A-7. Fencing is not depicted on the plans. Waterways: There are no open waterways on this site. Building Elevations: The applicant submitted conceptual elevations for each of the 5 types of structures proposed to be constructed within the development (see Exhibit A.4). Construction materials for the structures are proposed to consist of stucco with cement board siding and/or corrugated metal siding accents and metal or composition shingle roofing. Consistent with Phase 1, staff recommends all structures incorporate a minimum of 2 different material types along with stone or brick accents on the driveway facing elevations to enhance design and variety. A cohesive color scheme featuring a minimum of two field colors: a trim color and a front door color with coinciding garage door colors should also be used. Pre-fabricated steel panels should only be used as an accent material. Final design of the multi-family structures will be required to comply with the design standards listed in UDC 11-3A-19, the guidelines contained in the Meridian Design Manual for residential developments (pgs. 119-139) (or any updates provisions thereof), and the conditions in Exhibit B of this report. Note: The development agreement (DA) for Una Mas Subdivision contains a provision that requires the applicant to submit an application for design review with each building Certificate of Zoning Compliance. The elevations are required to be in substantial conformance to the elevations Council approved at the April 4, 2006 hearing and have similar modulation and treatments to those elevations. A DA modification application (H-2015-0016) was recently approved that removed the requirement for compliance with the previously approved elevations and required design review approval only; the amended DA has been sent to the applicant for signature but has not yet been returned for Council approval and subsequent recordation. The DA should be recorded prior to issuance of a Certificate of Zoning Compliance for the proposed structures. Property Boundary Adjustment (PBA): The proposed development includes only a portion of Lots 11-13, Block 1. Therefore, the applicant should submit a property boundary adjustment application to adjust the property lines between these lots and Lots 14-17, Block EXHIBIT A Verraso Village No. 2 - CUP (H-2016-0005) PAGE 8 1 and obtain final approval prior to submittal of a Certificate of Zoning Compliance application for this site. Certificate of Zoning Compliance (CZC): A CZC application is required to be submitted for approval of the new use and to ensure that all construction complies with the provisions of the UDC and the conditions contained in this report listed in Exhibit B. For multi-family projects, one overall or multiple individual CZC applications can be submitted. Design Review (DES): An Administrative Design Review application is required to be submitted for approval of the proposed structures, per UDC 11-5B-8. Development shall comply with the design standards listed in UDC 11-3A-19 and the design guidelines listed in the Meridian Design Manual or any updated provisions thereof. The DES and CZC application(s) may be submitted concurrently. Staff recommends approval of the proposed CUP with the conditions included in Exhibit B. IX. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Site Plan (dated: January 6, 2016) 3. Proposed Landscape Plan (dated: January 6, 2016) 4. Proposed Building Elevations & Floor Plans B. Agency & Department Comments/Conditions C. Required Findings from Unified Development Code EXHIBIT A Verraso Village No. 2 - CUP (H-2016-0005) PAGE 9 Exhibit A.1: Vicinity/Zoning Map Kleiner Park EXHIBIT A Verraso Village No. 2 - CUP (H-2016-0005) PAGE 10 Exhibit A.2: Proposed Site Plan (dated: January 6, 2016) EXHIBIT A Verraso Village No. 2 - CUP (H-2016-0005) PAGE 11 Exhibit A.3: Proposed Landscape Plan (dated: January 6, 2016) EXHIBIT A Verraso Village No. 2 - CUP (H-2016-0005) PAGE 12 Exhibit A.4: Proposed Building Elevations & Floor Plans EXHIBIT A Verraso Village No. 2 - CUP (H-2016-0005) PAGE 13 EXHIBIT A Verraso Village No. 2 - CUP (H-2016-0005) PAGE 14 EXHIBIT A Verraso Village No. 2 - CUP (H-2016-0005) PAGE 15 B. Agency & Department Comments/Conditions 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 Development of the site shall substantially comply with the site plan, landscape plan, and building elevations and materials included in Exhibit A, the conditions of approval listed herein, the provisions of the development agreement (Instrument No. 106137048) and amended development agreement (H-2015-0016). 1.1.2 Exterior building materials shall include a minimum of 2 different material types; additionally, stone or brick accents shall be included on driveway facing elevations to enhance design and variety. A cohesive color scheme featuring a minimum of two field colors: a trim color and a front door color with coinciding garage door colors should be used. Pre-fabricated steel panels should only be used as an accent material unless otherwise approved through alternative compliance (see UDC 11-5B-5). The architectural character of the proposed structures shall comply with the standards listed in UDC 11-4-3-27E and 11-3A-19, and the guidelines contained in the Meridian Design Manual (see pages 119-139) or any updated provisions thereof. 1.1.3 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. All roof and wall mounted mechanical, electrical, communications and service equipment should be screened from public view from the adjacent public streets and properties. The design of all structures on the site are subject to the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual and will be reviewed with the Design Review application(s). b. 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 shall submit documentation of compliance with this requirement with submittal of the Certificate of Zoning Compliance. 1.1.4 The developer shall submit a property boundary adjustment application to adjust the property lines between Lots 11-13 and 14-17, Block 1 and obtain final approval prior to submittal of a Certificate of Zoning Compliance application for this site. 1.1.5 The development agreement modification (H-2015-0016) shall be approved by Council and recorded prior to submittal of a Certificate of Zoning Compliance application for this site. 11.6 Any fencing constructed on the site shall be consistent with the standards as set forth in UDC 11- 3A-7 and 11-3A-6B. 1.1.7 The applicant shall provide amenities as proposed with this application in accord with UDC 11- 3G-3, including a clubhouse/meeting area within the office structure with a veranda in phase 1, a courtyard/plaza (mew) with pedestrian walkways through the center to each unit, and fountains. The courtyard/plaza (mew) shall be constructed concurrently with the adjacent dwellings. 1.1.8 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 1.1.9 Off-street vehicle parking shall be provided on the site in accord with UDC Table 11 -3C-6 for multi-family dwellings as proposed on the site plan included in Exhibit A. EXHIBIT A Verraso Village No. 2 - CUP (H-2016-0005) PAGE 16 1.1. 10 The site plan included in Exhibit A.2 shall be revised as follows: a. A minimum 5-foot wide perimeter landscape buffer is required along the north boundary of the site adjacent to the driveway that provides access to the lots on the north side of the mew in accord with UDC 11-3B-8C, unless the property to the north also develops with multi- family uses in which case a buffer is not required. 1.1.11 The landscape plan included in Exhibit A.3 shall be revised as follows: a. All street facing elevations shall have landscaping along their foundations 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 (UDC 11-4-3-27F). b. A minimum 5-foot wide perimeter landscape buffer is required along the north boundary of the site adjacent to the driveway that provides access to the lots on the north side of the mew in accord with UDC 11-3B-8C. c. Lawn or other vegetative groundcover is required within the parkway (between the curb and sidewalk) along N. Records Avenue in accord with UDC 11-3B-7C (include symbol). d. Depict 6-foot tall vinyl fencing along the west boundary of the site as proposed consistent with that in Phase 1. e. Depict a wall across the east end of the mew at the back edge of the street buffer to match that in Phase 1. f. Depict wrought iron fencing with a gate across the west end of the mew to enclose the mew but provide visibility of the common area along the west boundary of the site. The applicant has agreed to provide the same fencing/gate in Phase 1. g. Depict qualified open space calculations on the plan in accord with UDC 11-4-3-27C. 1.1.12 The lighting proposed within the mew/courtyard within the planters shall comply with the standards listed in UDC 11-3A-11 and shall be designed so as not to trespass beyond the courtyard area and become a nuisance to adjacent dwellings. 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. 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). EXHIBIT A Verraso Village No. 2 - CUP (H-2016-0005) PAGE 17 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 Bicycle parking spaces shall be consistent with the design standards 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. 1.3 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 application and Design Review from the Planning Department, prior to submittal of building permit application(s). 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 Applicant shall be required to install a sanitary sewer main in the yet unnamed Private Drive along the north boundary, and tie into the existing water main near the southwest corner of the development. 2.1.2 A street light plan will need to be included in the civil construction plans. The plan will need to include the installation of Type 1 lighting along Records Road. 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 EXHIBIT A Verraso Village No. 2 - CUP (H-2016-0005) PAGE 18 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 be dedicated using the City of Meridian’s standard forms. Applicant shall 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. 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 shall be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a 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 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. 2.2.6 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. 2.2.7 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. 2.2.8 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. 2.2.9 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. 2.2.10 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. 2.2.11 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.12 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.13 All grading of the site shall be performed in conformance with MCC 11-12-3H. EXHIBIT A Verraso Village No. 2 - CUP (H-2016-0005) PAGE 19 2.2.14 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. 2.2.15 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. 2.2.16 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. 2.2.17 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. 2.2.18 100 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. 2.2.19 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. POLICE DEPARTMENT 3.1 The Police Department has no comments on this application. 4. FIRE DEPARTMENT 4.1 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. 4.2 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. EXHIBIT A Verraso Village No. 2 - CUP (H-2016-0005) PAGE 20 4.3 Private Alleys and Fire Lanes shall have a 20’ wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 4.4 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 4.5 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.6 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. 4.7 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. 4.8 Maintain a separation of 5’ from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. 4.9 The applicant shall work with Public Works and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1. 4.10 All R-2 occupancies with 3 or more units shall be required to be fire sprinkled as set forth in International Fire Code Section 903.2.8. 4.11 A directional sign shall be provided at the entry off of Records Avenue for addressing purposes as proposed. 5. REPUBLIC SERVICES 5.1 Republic Services has no comment at this time on this development. 6. PARKS DEPARTMENT 6.1 The Parks Department has no comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT ACHD has reviewed this application and has determined that there are no improvements required to the adjacent streets. EXHIBIT A Verraso Village No. 2 - CUP (H-2016-0005) PAGE 21 C. Required Findings from Unified Development Code 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: 1. 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 C-G zoning district and the specific use standards for multi-family developments. 2. 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 development in the C-G zone meets the objectives of the Comprehensive Plan and UDC. 3. 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 development will be compatible with other residential and commercial uses in the general neighborhood and with the existing and intended character of the vicinity and will not adversely change the character of the area. 4. 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. 5. 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. 6. 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. EXHIBIT A 7. 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 will not involve uses that will crea te 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. 8. 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.