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Rainier Villas CUP H-2016-0129CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0129 Page 1 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Conditional Use Permit to develop a multi-family development consisting of one hundred eighty (180) dwelling units on 7.52 Acres of Land in the C-G zoning district, located west of N. Meridian Road between W. Corporate Drive and W. Penwood Street (parcel #S1213142120), by Shannon Robnett, Phoenix Commercial Construction. Case No(s). H-2016-0129 For the Planning & Zoning Commission Hearing Date of: January 19, 2017 and March 2, 2017 (Findings on March 16, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 19, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 19, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 19, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 19, 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-2016-0129 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 January 19, 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 January 19, 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 January 19, 2016 EXHIBIT A Rainier Villas H-2016-0129 PAGE 1 STAFF REPORT HEARING DATE: January 19, 2016 TO: Planning and Zoning Commission FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Rainier Villas – H-2016-0129 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Aaron Elton, has submitted an application for a conditional use permit to develop a multi- family development consisting of one hundred eighty (180) dwelling units on 7.52 acres of land in the C-G zoning district. See Section VII and Analysis, for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CUP application 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 January 19, and March 2, 2016. At the public hearing, the Commission moved to approve the subject CUP request. a. Summary of Commission Public Hearing: i. In favor: Devan Robnett, Shannon Robnett, Aaron Elton ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. Timing and location of amenities ii. Whether amenities can be placed on a lot that has not been subdivided. c. Key Commission Changes to Staff Recommendation: i. Remove condition #1.1.7 ii. Modification to condition #1.1.3h to allow a phased completion of Corporate Drive. iii. Modification to condition #1.1.8 to allow issuance of building permits prior to recording of a final plat. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0129 as presented during the hearing on January 19, 2017, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0129 as presented during the hearing on January 19, 2017, for the following reasons: (You should state specific EXHIBIT A Rainier Villas H-2016-0129 PAGE 2 reasons for denial.) Continuance I move to continue File Number H-2016-0129 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 west of N. Meridian Road between W. Corporate Drive and W. Penwood Street (parcel #S1213142120,) in the NE ¼ of Section 13, Township 3 North, Range 1 West, B.M. B. Applicant: Shannon Robnett 3818 E. Newby #101 Nampa, Idaho 83687 C. Owner: Mary Ballantyne 10250 Whispering Cliffs Drive Boise, Idaho 83704 D. Representative: Phoenix Commercial Construction 3818 Newby Street, Suite 101 Nampa, ID 83687 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject applications are for a 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: December 30, 2016 (Commission); C. Radius notices mailed to properties within 300 feet on: December 22, 2016 (Commission); D. Applicant posted notice on site by: January 9, 2016 (Commission); VI. LAND USE A. Existing Land Use(s): The site is currently vacant commercial property, zoned C-G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Vacant commercial property, zoned C-G South: Self-storage facility, zoned C-G East: Trade Plaza Subdivision, zoned C-G West: Vacant and developed commercial property, zoned C-G C. History of Previous Actions: In 2008, this property was platted as part of the Trade Plaza preliminary plat (PP-08-011). The previous plat has since expired and this is a remnant parcel that must be EXHIBIT A Rainier Villas H-2016-0129 PAGE 3 subdivided in order to be eligible for a building permit. In 2016 a preliminary plat was approved consisting of fifteen (15) multi-family residential lots and five (5) common lots; a conditional use permit was also concurrently approved for the property to have 90 multi-family units (H-2016-0041). Also in 2016, a final plat was approved consisting of fifteen (15) multi-family residential lots and five (5) common lots (H-2016-0107). D. Utilities: a) Location of sewer: A sewer main intended to provide service to this parcel currently exists in the SW 3rd Street stub on the north parcel boundary. b) Location of water: Water mains intended to provide service to this parcel currently exist in the SW 3rd Street stub on the north parcel boundary, and at the SW & SE corners of the parcel in W. Corporate Drive. c) Issues or concerns: Utility easements created with the Troutner Park Subdivision will need to be vacated prior to issuance of a certificate of occupancy for any buildings on Lots 1-4, Block 1. E. Physical Features: 1. Canals/Ditches Irrigation: No major facilities exist on this site. 2. Hazards: Staff is not aware of any hazards that exist on the property. 3. Flood Plain: This property does not lie within the Floodplain Overlay District. VII. COMPREHENSIVE PLAN ANALYSIS This property is designated “Commercial” on the Comprehensive Plan Future Land Use Map. The purpose of this designation is to provide a full range of commercial and retail to serve area re sidents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. Within this land use category, specific zones may be created to focus commercial activities unique to their locations. These zones may include neighborhood commercial uses focusing on specialized service for residential areas adjacent to that zone. The conditional use permit application proposes to develop the multi-family lots with one hundred eighty (180) dwelling units on 7.52 acres of land. The overall gross density of the project is 23.94 dwelling units to the acre. Staff finds that the proposed development is consistent with desired land use in the Commercial land use designated area. The “Commercial” designation allows for residential densities of between 6 and 40 dwelling units per acre. The proposed 23.94 dwelling units per acre falls within this range. 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 high density 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.  “Provide housing options close to employment and shopping centers.” (3.07.02D) This site is located along a major retail/commercial/employment corridor (Meridian Road) within the City. High density residential development is desired in this area to support the employment and retail/restaurant/commercial uses. EXHIBIT A Rainier Villas H-2016-0129 PAGE 4  “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City services are readily available to serve the proposed development in accord with UDC 11-3A-21.  “Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets.” (2.01.04B) Perimeter landscaping and internal planter islands are proposed in the new parking areas however, they must comply with the landscape requirements in UDC 11-3B-8C.  “Locate high-density development, where possible, near open space corridors, or other permanent major open space and park facilities, Old Town, and near major access thoroughfares.” (3.07.02L) The proposed development is in close proximity to Story Park, a multi-use pathway along Main Street, commercial developments, Downtown and east access to Interstate I-84.  “Elevate quality of design for houses and apartments; evaluate the need for design review guidelines for single-family homes.” (3.07.02O) The multi-family structures within the proposed development will be subject to the design standards in UDC 11-3A-19 and the guidelines in the Architectural Standards Manual. The proposed buildings appear to meet the requirements of the Architectural Standards manual, however further refinement to the design of these structures may be required in order for the project to meet the design review requirements.  “Require common area in all subdivisions.” (3.07.02E) The specific use standards for the multi-family development require common open space and site amenities based on the square footages and the number of units. As proposed, the landscape plan depicts 1.36 acres of common open space and eight (8) amenities. The amenities include a clubhouse with a fitness facility, a sports court, a play structure, a splash pad, a hot tub, outdoor patio and an open grassy area at least 50 feet by 100 feet.  “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) UDC 11-3A-3 restricts the access to collector and arterial roadways when local street access is available. The subject property fronts on SW 3rd Street which is designated as a local street. The site plan as submitted depicts two (2) access to W. Corporate Drive which is a collector roadway. This layout was approved with the previous Conditional Use Permit for this project (H-2016-0041). The applicant proposes to vacate a section of SW 3rd Street with a separate vacation application. Based on the analysis above, staff finds the proposed development is consistent with the Comprehensive Plan. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zones: Per UDC 11-2B-1, the purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian Comprehensive Plan. Six (6) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. Properties within the C-G district are typically in close proximity and/or have access to interstate or arterial intersections. Allowed uses are the largest scale and broadest mix of retail, office, service, and light industrial uses. B. Schedule of Use: Unified Development Code (UDC) Table 11-2B-2 lists the permitted, accessory, EXHIBIT A Rainier Villas H-2016-0129 PAGE 5 conditional, and prohibited uses in the C-G zoning district. The proposed multi-family development is listed as a conditional use. 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 11-2B-3 for the C-G 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 in11-4-3-27C and11-4-3-27D. G. Structure and Site Design Standards: The proposed multi-family development must comply with the design standards in accord with UDC 11-3A-19 and the Architectural Standards Manual. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: PRELIMINARY AND FINAL PLAT (PP, FP): In 2016, a preliminary and final plat were approved on this property (H-2016-0041, H-2016-0107). The plat as proposed as part of this application is not consistent with what was approved as part of the previous applications. The applicant will be required to apply for a final plat modification due to the extent of the requested changes. Conditional Use Permit (CUP): In June of 2016, a conditional use permit was approved for this property to allow for 88 multi-family units. The applicant has acquired additional property bringing the total acreage from 5.35 to 7.52 acres and is requesting a new CUP to increase the acreage and to increase the number of units from the approved 88 up to the requested 180. This new CUP request will replace the previously approved CUP on this property (H-2016-0041). The UDC (Table 11-2B-2) requires CUP approval for a multi-family development in the C-G zoning district. The multi-family residential development is proposed to consist of 180 dwelling units within eleven (11) structures. The units will consist of 2- and 3-bedrooms with a minimum size of 850 sq. ft. The applicant proposes a play structure, a sports court, a splash pad, a clubhouse and a grassy area 50 feet by 100 feet in size. Multi-family residential uses are consistent with those desired in Commercial designated areas and are allowed in the C-G district as a conditional use. 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. Private useable open space in accord with UDC standards is proposed for each unit in the form of private patios and balconies.  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. EXHIBIT A Rainier Villas H-2016-0129 PAGE 6 The site plan submitted by the applicant appears to meet these requirements as set forth in UDC 11-4-3-27.  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. All of the proposed units contain between 500 and 1,200 square feet of living area. Therefore, a minimum of 45,000 s.f. (or 1.03 acres) of common open space is required to be provided for the development. Common open space is required to be a minimum of 400 sq.ft. of area with a minimum length and width dimension of 20 feet. The calculations table depicts 59,541 sq.ft. of common open space proposed. The applicant is proposing to use an additional 5,000 sq. ft. as an amenity. The applicant is also proposing open space adjacent to a collector roadway. UDC section 11-4- 3-27C.4 requires that open space adjacent to a collector roadway be separated from the street by a berm or constructed barrier at least four feet (4’) in height, with breaks in the berm or barrier to allow pedestrian access.  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. Because 180 units are proposed, 4 amenities must be provided for the site with at least one from each category (i.e. quality of life, open space, recreation). The proposed amenities include a clubhouse with a fitness facility, a sports court, a play structure, a splash pad a hot tub, an outdoor patio and an open grassy area at least 50 feet by 100 feet.  The architectural design of the structures shall comply with the standards set forth in the Architectural Standards Manual. The conceptual elevations are included in Exhibit A.4. Staff is supportive of the proposed structures as they appear to generally comply with the standards of the Architectural Standards Manual. The structures should provide variation in materials and colors as required by the ASM.  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 plants. The landscape plan appears to comply with this requirement.  The development is required to record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features. The applicant should submit documentation of compliance with this requirement with the Certificate of Zoning Compliance application. Dimensional Standards: The proposed plat is required to comply with the dimensional standards of the C-G zoning district listed in UDC Tables 11-2B-3. Staff has reviewed the proposed plat and found the plat to comply with the requirements of the C-G district. Access: Access to this development is proposed from W. Pennwood Street and W. Corporate Drive. The site plan as submitted depicts two (2) access points to W. Corporate Drive which is a collector roadway. The access points were approved with a previous application. EXHIBIT A Rainier Villas H-2016-0129 PAGE 7 The applicant will have to execute a reciprocal cross access and shared parking agreement between all of the lots to ensure that they all have local street access in accord with UDC 11 -3A-3. The applicant must include a note on the face of the final plat that details this requirement or provide a separate recorded copy of the agreement prior to signature on the final plat. Sidewalks: UDC 11-3A-17 requires detached sidewalks to be constructed along all collector streets. The applicant is proposing to construct 5-foot wide attached sidewalk adjacent to W. Pennwood Street and along Corporate Drive in accord with the UDC standards. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Parking: Off-street vehicle parking is required to be provided on the site in accord with the standards listed in UDC 11-3C-6. For multi-family developments, parking standards are based on the number of bedrooms per unit – 1-bedroom units require 1.5 spaces per unit with at least one of those in a covered carport or garage and 2-bedroom units require 2 spaces per unit with at least one of those in a covered carport or garage. For the recommended clubhouse, one space is required for every 500 s.f. of gross floor area. A clubhouse floor plan was submitted with the application with an approximate square footage of 2,400. In accordance with the previously mentioned parking requirement for a clubhouse, the site plan shall provide 5 stalls for the clubhouse. All of the units in the proposed development will have 2-3 bedrooms. A total of 353 parking spaces are required, with 180 in covered spaces. The applicant has provided 370 parking spaces total, but has not shown the required number of covered spaces. Associated carport structures are required as part of this project. At the time of CZC submittal, the applicant shall provide a revised site plan showing the required number of covered stalls, as well as an exhibit showing the design of the structures. 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 370 vehicle spaces proposed to be provided on the site, a minimum of 15 bicycle spaces are required. The site plan indicates that twenty one (21) bicycle parking spaces are provided. Landscaping: Street buffer landscaping along W. Corporate Drive is required as set forth in UDC Table 11-2B-3. Landscaping is required to be installed within the street buffer in accord with the standards listed in UDC 11-3B-7C. 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. Fencing: Any fencing proposed to be constructed on the site shall comply with the standards listed in UDC 11-3A-7. A 6-foot tall wrought iron fence is proposed around the tot-lot, basketball court nd splash pad; A 6-foot tall vinyl fence is proposed on the east and west sides of the development. Trash Enclosures: Trash enclosures (and other service functions) are required to be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. Safe access and adequate lighting should be provided in these areas in accord with UDC 11-3A-12B. EXHIBIT A Rainier Villas H-2016-0129 PAGE 8 A detail of the trash enclosures should be submitted with the Certificate of Zoning Compliance application(s).The enclosures and locations should be approved by Bob Olsen, Republic Services. Building Elevations: Building elevations were submitted for the multi-family structures (see Exhibit A.4). The architectural elevations appear to generally meet the requirements of the Architectural Standards Manual. No building elevations were submitted for the carports. These shall be submitted with the Certificate of Zoning Compliance application. 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 application for building permits, 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. All structures built on the site are required to comply with the City’s design standards and Architectural Standards Manual and obtain design review approval; the proposed elevations are conceptual only and are not approved. Staff recommends approval of the proposed CUP application with the recommended conditions of approval in Exhibit B. IX. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Site Plan (dated: 01/10/2017) 3. Proposed Landscape Plan (dated: 11/21/2016) 4. Conceptual Building Elevations (dated: 06/06/2016) B. Agency and Department Comments/Conditions C. Required Findings from Unified Development Code EXHIBIT A Rainier Villas H-2016-0129 PAGE 9 Exhibit A.1: Vicinity Map EXHIBIT A Rainier Villas H-2016-0129 PAGE 10 Exhibit A.2: Proposed Site Plan (dated 01/10/2017) EXHIBIT A Rainier Villas H-2016-0129 PAGE 11 Exhibit A.2: Proposed Landscape Plan (dated: 11/21/2016) EXHIBIT A Rainier Villas H-2016-0129 PAGE 12 Exhibit A.4: Conceptual Building Elevations (dated: 06/06/2016) EXHIBIT A Rainier Villas H-2016-0129 PAGE 13 EXHIBIT A Rainier Villas H-2016-0129 PAGE 14 B. Agency and Department Comments/Conditions 1. PLANNING DIVISION 1.1 Site Specific Conditions of Approval 1.1.1 Development of the site shall substantially comply with the preliminary plat, site plan, and landscape plan included in Exhibit A, the design standards listed in UDC 11-3A-19, the guidelines contained in the City of Meridian Architectural Standards Manual, and the conditions in this report. 1.1.2 The developer shall comply with the specific use standards for multi-family developments listed in UDC 11-4-3-27, including but not limited to the following: a. The applicant shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features, per UDC 11-4-3-27G. b. All roof and wall-mounted mechanical, electrical, communications, and service equipment and trash enclosure shall be screened from public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means. 1.1.3 The site plan included in Exhibit A.2, dated May 13, 2016, shall include the following: a. Prior to the planning and zoning commission, the site plan shall be revised to show the location of the proposed trash enclosures. The enclosures and locations should be approved by Bob Olsen, Republic Services. b. A detail of the trash enclosures shall be submitted with the Certificate of Zoning Compliance application(s). c. Cross-access and shared parking agreement shall be noted on the plat in accord with UDC 11-3A- 3A.2. A separate cross-access easement and shared parking agreement may be recorded. The applicant shall include a note on the face of the final plat that details this requirement or provide a separate recorded copy of the agreement prior to signature on the final plat. d. Provide a detail of the bike racks with the Certificate of Zoning Compliance application. e. The applicant shall construct a minimum of two hundred fourteen (214) parking stalls for the development as dimensioned on the site plan; a minimum of ninety-two (92) stalls shall be covered. f. At the time of CZC submittal, the applicant shall provide a revised site plan showing the required number of covered stalls. g. The site shall develop with the following proposed amenities: a clubhouse, a fitness facility, a play structure, an outdoor patio, a hot tub, a splash pad, a sports court and a 50’ X 100’ open grassy area. h. If this is a phased development, W. Corporate Drive shall be constructed with the first phase. i. Prior to issuance of a building permit, the applicant shall submit and receive approval to vacate a portion of SW 3rd Street as well as any impacted utility easements associated with the applicable lots. 1.1.4 The landscape plan included in Exhibit A.2, dated May 13, 2016, shall include the following: a. Landscaping is required to be provided along the foundation of all street facing elevations in accord with the standards in UDC 11-4-3-27-F. b. All street buffers and common open space shall be maintained by an owner's association as set forth in UDC 11-3B-7C2b. c. The applicant shall separate the open space adjacent to W. Corporate Drive with a berm or barrier at EXHIBIT A Rainier Villas H-2016-0129 PAGE 15 least four feet (4’) in height, with breaks in the berm or barrier to allow for pedestrian access in accord with UDC 11-4-3-27C.4. 1.1.5 The elevations included in Exhibit A.4, shall meet the requirements of UDC 11-3A-19, as well as the standards set forth in the City of Meridian’s Architectural Standards Manual (ASM). 1.1.6 The applicant shall submit elevations of the proposed carports with the Certificate of Zoning Compliance application. The required carports shall be painted and/or powder coated to complement the overall color scheme of the development. 1.1.7 The plat as proposed as part of this application is not consistent with what was approved as part of the previous applications (H-2016-0041, H-2016-0107). The applicant shall receive approval of a final plat modification prior to applying for a certificate of zoning compliance. 1.1.8 The final plat shall be recorded prior to applying for a building permit. 1.1.9 The site shall develop with a maximum of 180 dwelling units. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the C-G zoning districts 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 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. All HVAC equipment shall be screened from the adjacent streets. 1.2.8 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.2.9 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 1.2.10 All fencing constructed on the site shall comply with the standards as set forth in UDC 11-3A-7. 1.2.11 Staff’s failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. 1.2.12 Provide temporary fencing around the perimeter of the building site to contain debris during construction prior to release of building permits. 1.3 Ongoing Conditions of Approval 1.3.1 The conditional use may only be transferred or modified consistent with the provisions as set forth in UDC 11-5B-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 EXHIBIT A Rainier Villas H-2016-0129 PAGE 16 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. 1.4.4 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years, or 2) gain approval of a time extension as set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 A street light plan will need to be included in the final plat application. The plan will need to include Type 2 lighting on Corporate Dr. 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 2.1.2 The dead-end water mains within this project shall terminate with fire hydrants. 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 signature of the final plat by the City Engineer. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-2-28C1). 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. EXHIBIT A Rainier Villas H-2016-0129 PAGE 17 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. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 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. 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 improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 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 11-1-4B. 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. EXHIBIT A Rainier Villas H-2016-0129 PAGE 18 2.2.21 Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). 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. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 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. POLICE DEPARTMENT 3.1 The Police Department did not submit 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. 4.3 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 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 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. EXHIBIT A Rainier Villas H-2016-0129 PAGE 19 4.6 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. 4.7 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13’6 as set forth in International Fire Code Section 503.2.1. 4.8 Operational fire hydrants, temporary or permanent street signs, and access roads with an all-weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 4.9 The roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface. Streets less than 26’ in width shall have no on-street parking; streets less than 32’ in width shall have parking only on one side. These measurements shall be based on the drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of 13’ 6”. The roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth in International Fire Code Section 503.2.1. and D103.6.1 and D103.6.2. 4.10 Maintain a separation of 5’ from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. 4.11 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 4.12 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in International Fire Code Section 505.1. 4.13 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. 4.14 All portions of the buildings located on this project must be within 150’ of a paved surface as measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1. 4.15 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. 4.16 As set forth in International Fire Code Section 504.1, multi-family and commercial projects shall be required to provide an additional sixty inches (60”) wide access point to the building from the fire lane to allow for the movement of manual fire suppression equipment and gurney operations. The unobstructed breaks in the parking stalls shall be provided so that building access is provided in such a manner that the most remote part of a building can be reached with a length of 150' fire hose as measured around the perimeter of the building from the fire lane. Code compliant handicap parking stalls may be included to assist meeting this requirement. Contact the Meridian Fire Department for details. 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 design. 6. PARKS DEPARTMENT 6.1 The Parks Department did not submit comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT EXHIBIT A Rainier Villas H-2016-0129 PAGE 20 7.1 At the time that this staff report was written, comments had not been received by ACHD. EXHIBIT A Rainier Villas H-2016-0129 PAGE 21 C. Required Findings from Unified Development Code 1. 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 C-G 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 C-G zone meets the objectives of the Comprehensive Plan. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Commission finds that the general design, construction, operation and maintenance of the multi-family use will be compatible with existing residential and future commercial uses in the vicinity and with the existing and intended character of the vicinity so as to not adversely change the character of the area. Staff recommends that the Commission and Council consider any public testimony that may be presented to determine whether or not the proposal will adversely affect the other properties in the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Commission finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this staff report and constructs all improvements and operates the use in accordance with the UDC standards. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Commission finds that sanitary sewer, domestic water and irrigation can be made available to the subject property. Please refer to comments prepared by the Public Works Department, Fire Department, Police Department and other agencies. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The Commission finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay impact fees. EXHIBIT A Rainier Villas H-2016-0129 PAGE 29 g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The Commission finds that the proposed development should not involve activities that will create nuisances that would be detrimental to the general welfare of the surrounding area. The Commission recognizes the fact that traffic and noise will increase with the approval of this development; however, whenever undeveloped property is developed, the amount of traffic generation does increase. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The Commission finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. The Commission recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware.