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Goddard Creek H-2017-0007 REVISEDCITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0007 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Rezone (RZ) of 12.38 acres of land from R-4 to the R-40 (5 acres) and the C-C (7.38) zoning districts; An amendment to the Future Land Use Map (FLUM) contained in the Comprehensive Plan (CPAM) to change the land use designation on 12.38 acres of land from Office and High-Density Residential to Mixed-Use Community; A conditional use permit for a self-storage facility consisting of ten (10) buildings on approximately 7.38 acres of land in the proposed C-C zoning district; A conditional use permit for a multi-family development consisting of 82 dwelling units in the proposed R-40 zoning district on 5 acres of land; Preliminary plat (PP) consisting of 22 building lots, and 5 common lots on 12.38 acres of land in the proposed C-C and R-40 zoning districts; and, Request for an amendment to an existing development agreement (Lochsa Falls, Inst. #103012598) to update the development plan for the site from office to multi-family and self-storage for Goddard Creek, by Brian Porter. Case No(s). H-2017-0007 For the City Council Hearing Date of: June 20, 2017 (Findings on July 25, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 20, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 20, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 20, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 20, 2017, 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 City Council 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0007 - 2 - 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 Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of June 20, 2017, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for a development agreement modification, preliminary plat and rezone of 7.38 acres of land from R-4 to C-C is hereby approved per the provisions in the Staff Report for the hearing date of June 20, 2017, attached as Exhibit A. 2. The applicant’s request for an amendment to the Future Land Use Map contained in the Comprehensive Plan is hereby approved per the conditions of approval in the Staff Report for the hearing date of June 20, 2017, attached as Exhibit A. 3. The applicant’s request for a conditional use permit for the self-storage is hereby approved based on the findings in the Staff Report for the hearing date of June 20, 2017, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer’s signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0007 - 3 - extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of June 20, 2017 By action of the City Council at its regular meeting held on the 5 day of S 2017. COUNCIL PRESIDENT KEITH BIRD VOTED Yf 4 COUNCIL VICE PRESIDENT JOE BORTON VOTED Ye COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED Yeo COUNCIL MEMBER LUKE CAVENER VOTED Yeo COUNCIL MEMBER GENESIS MILAM VOTED ✓�� MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor anis de Weerd Attest: Qot�P 9�a O lvtoo,%% C.J Coles S�Py ��' City Clerk_,e� Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: 3 "/ Dated:0-7 71 ;Xj City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0007 - 4 - Exhibit A Goddard Creek – RZ, CPAM, CUP, PP, MDA H-2017-0007 PAGE 1 STAFF REPORT Hearing Date: June 20, 2017 (Continued from May 23 and June 6, 2017) TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Goddard Creek – RZ, CPAM, (2) CUP, PP, MDA (H-2017-0007) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Brian Porter, has submitted an application for the following:  Rezone (RZ) of 12.38 acres of land from R-4 to the R-40 (5 acres) and the C-C (7.38) zoning districts;  An amendment to the Future Land Use Map (FLUM) contained in the Comprehensive Plan (CPAM) to change the land use designation on 12.38 acres of land from Office and High- Density Residential to Mixed-Use Community;  A conditional use permit for a self-storage facility consisting of ten (10) buildings on approximately 7.38 acres of land in the proposed C-C zoning district;  A conditional use permit for a multi-family development consisting of 82 dwelling units in the proposed R-40 zoning district on 5 acres of land;  Preliminary plat (PP) consisting of 22 building lots, and 5 common lots on 12.38 acres of land in the proposed C-C and R-40 zoning districts; and,  Request for an amendment to an existing development agreement (Lochsa Falls, Inst. #103012598) to update the development plan for the site from office to multi-family and self- storage. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CPAM, RZ, PP, CUP, and MDA applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on March 16, 2017. At the public hearing on March 16th, the Commission moved to continue the subject RZ, CPAM, CUP, CUP, PP and MDA requests for the applicant to make changes regarding density, parking, amenities and vehicular access. a. Summary of Commission Public Hearing: i. In favor: Shon Parks, Tim Alatorre, ii. In opposition: Sheryl Tolman, Daniel Fisher iii. Commenting: Sheryl Tolman, Daniel Fisher iv. Written testimony: None Exhibit A Goddard Creek – RZ, CPAM, CUP, PP, MDA H-2017-0007 PAGE 2 v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons, Andrea Pogue b. Key issue(s) of Public Testimony: i. Noticing- the neighbors have concerns regarding how the project was noticed, both with the sign on the property as well as with the mailed notifications. ii. Concerns about the amount of traffic through the area, and for pedestrian safety. iii. Concerns about the amount of additional noise these units will bring. iv. Concerns about the lack of proposed parking for the residences and where the guests would park. c. Key Issues of Discussion by Commission: i. Concern that the perceived lack of interest in the application from the public was because the neighbors didn’t receive a notice. ii. Concerns with the amount of proposed parking for the multi-family portion. iii. Concerns over the location of the proposed access to the multi-family project. iv. Concerns that the amenities package and open space won’t meet the needs of the residents. v. The location of the entrance to the multi-family development off of Apgar Creek. vi. Concerns that the density was too great for the amount of land. d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. None This project was continued to April 20th, 2017. On April 11, 2017, the applicant submitted a revised preliminary plat, revised legal description to request R-15 in place of R-40 and a revised landscape plan based on the concerns of the Planning and Zoning Commission. On April 12,Staff issued a memo explaining the changes made to the application. The Meridian Planning & Zoning Commission heard these items again on April 20. 2017 At the public hearing, the Commission moved to recommend denial of the subject RZ, CPAM, CUP, CUP, PP and MDA requests. a. Summary of Commission Public Hearing: i. In favor: Shon Parks, James Doolin, John Carpenter ii. In opposition: iii. Commenting: Don Fleck, Dan Fisher, Bill Wade, Jamie Pollman, Rick Stillwell, Jennifer Blasko, iv. Written testimony: Petition from neighbors (see public record); Bre Jones, Catherin Dehart, Cynthia Romans, Daniel Shelton, David and Jennifer Blasko, Dorothy Pefferle, Janie Pollman, John Bellamy, Laurie Bower, Maggie Collett, Marie Fullmer, Michael Caliendo, Miranda Randall, Pam Fiscus, Philip Sosa, Rick Stillwell, Robert and Jennifer Drewett, Rod Ludlow, Rowland and Ann Stroll, Samuel Hunter, Sandra Freeman, Sheryl and Jon Hopkins, Yori Dela Rosa, Diane McLain, Jennifer Griffith v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: i. Concerns over the proposed number of parking spaces for the development; ii. Concerns over the amount of traffic on Goddard Creek and how this project will increase the traffic; iii. Concerns that the Comprehensive Plan amendment would be extremely damaging to surrounding residents; iv. Concern that the current residents purchased their homes on the knowledge that this are a would be developed in accord with the current Comprehensive Plan; Exhibit A Goddard Creek – RZ, CPAM, CUP, PP, MDA H-2017-0007 PAGE 3 v. Concerns that the project wasn’t noticed properly. c. Key Issues of Discussion by Commission: i. Design of the open space and amenities; ii. Conformance with the existing comprehensive plan and the existing development agreement; iii. Concerns over the traffic in the area, with access, parking and location of the entrance to the multi-family project; iv. Concerns about the large number of apartments that would be in the area if this were approved; d. Commission Change(s) to Staff Recommendation: i. The Commission voted to deny the subject applications based on maintaining the integrity of the current development agreement. f. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard this item on May 23rd, June 6th and June 20, 2017. At the public hearings, the Council moved to approve the RZ, CPAM, CUP (Storage Units), PP and MDA. a. Summary of City Council Public Hearing: i. In favor: Tim Alatorre, John Carpenter ii. In opposition: Linda Ullman, Richard Stillwell, Dorothy Pefferle, David Blasko, Pam Fiscus, Carol Young, John Hopkins, Cheryl Hopkins, Jim Ullman, Jamie Pollman, Dan Fischer, Penny Fischer, Brianne Jones, Will Davis, Michael Caliendo, iii. Commenting: Linda Ullman, Richard Stillwell, Jamie Pollman, Dan Fischer, Penny Fischer, Brianne Jones, Will Davis, Michael Caliendo, iv. Written testimony: Petition for denial from the neighbors, Bennett Hadden, David and Jennifer Blasko, Diane McClain, Elizabeth Grime, Linda Dullman, Janie Pollman, Jennifer and Adam Regner, Jennifer Griffith, Jim and Sandy Freeman, Kelly Creek HOA, Laurie Bower, Mark Bottles, Michael Caliendo, Pam Fiscus, Phillip Sosa, Rod Ludlow, Will Davis, Yori Dela Rosa v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bruce Chatterton b. Key Issues of Discussion by Council: i. Whether to rezone the eastern portion of the property to L-O to make the uses consistent with the zoning. ii. Conformance with the existing comprehensive plan and the existing development agreement III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H-2017-0007, as presented in the staff report for the hearing date of March 16, 2017, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number H-2017-0007, as presented during the hearing on March 16, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0007 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) Exhibit A Goddard Creek – RZ, CPAM, CUP, PP, MDA H-2017-0007 PAGE 4 IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 2780 W. McMillan Road, in the southwest ¼ of Section 26, Township 4 North, Range 1 West. (Parcel #: S0426347150) B. Owner(s): Gibson Family Revocable Living Trust P.O. Box 88 Notus, ID 83656 C. Applicant: Brian Porter 3057 E. Red Tail Drive Eagle, ID 83616 D. Representative: Shon Parks, T-O Engineers 2471 S. Titanium Place Meridian, Idaho 83642 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a comprehensive plan map amendment, rezone, preliminary plat, two (2) conditional use permits and a development agreement modification. A public hearing is required before the Planning & Zoning Commission and City Council on these applications, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: February 17, 2017 (Commission), May 5, 2017 (Council) C. Radius notices mailed to properties within 300 feet on: February 9, 2017 (Commission), April 25, 2017 (Council) D. Applicant posted notice on site(s) on: March 1, 2016 (Commission), May 12, 2017 (Council) VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of rural residential property with an existing home, zoned R-4. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Selway Apartments, zoned R-4 2. East: Residential property with a home, zoned L-O 3. South: W. McMillan Road and single-family homes in the R-4 and R-8 zoning districts 4. West: Vacant commercial property, zoned L-O C. History of Previous Actions: This property was granted annexation, preliminary plat, and a conditional use permit as part of the Lochsa Falls Subdivision in 2002 (AZ-02-010, PP-02-009, CUP 02-012) and has a development agreement (Instrument #102012598). The conditional use permit allowed for 11 office buildings to be built within the R-4 zoning district. The subject property was one such property selected to have office uses. Exhibit A Goddard Creek – RZ, CPAM, CUP, PP, MDA H-2017-0007 PAGE 5 D. Utilities: 1. Public Works: a. Location of sewer: Sanitary sewer mains intended to provide service to the subject site currently exists in W. McMillan Road. b. Location of water: Water mains intended to provide service to the subject site currently exist in W. McMillan Road, W. Apgar Creek Lane, and in N. Three Lines Lane. c. Issues or concerns: As currently proposed, the water mains within the storage facility will not be able to provide for adequate fire hydrant spacing. Applicant should consider a water main loop around the west end of the storage units from N. Three Lines Lane to the proposed main at main driveway location. Fire hydrants could then be designed at the ends of the buildings, with laterals to provide for the 300’foot maximum spacing between hydrants. E. Physical Features: 1. Canals/Ditches Irrigation: There are no waterways on this site. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This site is not located in the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS LAND USE DESIGNATION (CURRENT): The subject property is currently designated Office and High Density Residential on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. Office designated areas provide opportunities for low-impact business areas, including offices, technology and resource centers; ancillary commercial uses may be considered (particularly within research and development centers or technological parks). High Density Residential designated areas allow for the development of multi -family homes in areas where urban services are provided. Residential gross densities may exceed fifteen dwelling units per acre. Development might include duplexes, apartment buildings, townhouses, and other multi-unit structures. A desirable project would consider the placement of parking areas, fences, berms, and other landscaping features to serve as buffers between neighboring uses. Developments need to incorporate high quality architectural design and materials and thoughtful site design to ensure quality of place and should also incorporate high quality architectural design and materials and thoughtful site design that incorporate connectivity with adjacent uses and area pathways, attractive landscaping and individual project identity. LAND USE DESIGNATION (PROPOSED): The applicant proposes to amend the FLUM to change the land use designation on 12.38 acres of land from Office and High Density Residential to Mixed-Use Community (MU-C). The purpose of this designation is to allocate areas where community-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variet y of uses, including residential, and to avoid mainly single-use and strip commercial type buildings. Non-residential buildings in these areas have a tendency to be larger than in Mixed Use— Neighborhood areas, but not as large as in Mixed Use – Regional areas. Goods and services in these areas tend to be of the variety that people will mainly travel by car to, but also walk or bike to (up to three or four miles). Employment opportunities for those living in and around the neighborhood are encouraged. The concept plan is required to show access and circulation, typically a mix of at least 3 land use types, and residential densities ranging from 6 to 15 units per acre in the MU-C designated area per the Comprehensive Plan. The Comprehensive Plan indicates that a third use is typically required in the MU-C designation. In this case, staff finds that due to the size of the property it is difficult to Exhibit A Goddard Creek – RZ, CPAM, CUP, PP, MDA H-2017-0007 PAGE 6 obtain the three (3) required uses for MU-C designated properties, and because the surrounding zoning designations help provide additional uses in the immediate area, staff can reasonably state that the property is generally consistent with this goal of the Comprehensive Plan designation. Also, the Comprehensive Plan also indicates that target densities are between 6 and 15 dwelling units per acre. In this case, staff finds that the gross density (16.40 dwelling units per acre) provided by the applicant for the residential portion of the property is generally consistent with the comprehensive plan designation of MU-C. DESIGN: The design of structures on this site is required to comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. The development should incorporate high quality architectural design and materials consistent with the MU-C designation. ACCESS: Vehicular access is proposed from the private W. Apgar Creek Lane for the apartments and from W. McMillan Road for the storage units. The applicant is proposing an emergency access to W. McMillan Road for the multi-family portion, and an emergency access to N. Three Links Lane for the storage portion of the project. GOALS, OBJECTIVES, & ACTION ITEMS: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics):  “Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E) The proposed development will contribute to the variety of residential categories that currently exist in this area (i.e. low and medium density). Staff is unaware of how “affordable” the units will be.  “Provide housing options close to employment and shopping centers.” (3.07.02D) Because of its location in close proximity to nearby shopping centers (the corner of N. Ten Mile Road and W. McMillan Road), and major transportation corridors, this property is ideal for providing higher density housing options.  “Plan for a variety of commercial and retail opportunities within the Impact Area.” (3.05.01J) With the increase of residential units in the area, the proposed storage facility will contribute to the variety of uses in the northern part of the city and will provide a needed service for nearby residents.  “Ensure development provides safe routes and access to schools, parks and other community gathering places.” (3.07.02N) A 5-foot wide detached sidewalk is required along the south boundary of this site within a 25- foot wide landscape buffer along W. McMillan Road per UDC 11-3B-7C. Additionally, the applicant should extend the 5-foot wide sidewalk from the north boundary of the site (Selway Apartments site) to the proposed sidewalk along W. McMillan Road. The sidewalk shall be located between the multi-family project and the storage units.  “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.” (3.07.02N) Exhibit A Goddard Creek – RZ, CPAM, CUP, PP, MDA H-2017-0007 PAGE 7 The proposed high density development is located in close proximity to major access thoroughfares (i.e. McMillan and Ten Mile Road) within the City. It’s also near Heroes Park and the future Keith Bird Park.  “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) Staff believes the proposed multi-family residential and self-storage uses of the property are generally co that with the required 25-foot landscape buffer proposed on the north side of the self-storage component (adjacent to the Selway Apartments site) that the uses are compatible with the surrounding residential uses.  “Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets.” (2.01.04B) Landscaping is proposed within planter islands in the parking areas on this site as shown on the landscape plan attached in Exhibit A.4.  “Require common area in all subdivisions.” (3.07.02F) Common area is proposed within the development consisting of stormwater detention facilities constructed in accord with UDC 11-3B-11, and passive open space. Staff requires additional information in order to determine if the common open space meets the requirements of the UDC as required in section 11-3G-3B.  “Amend the Unified Development Code and Comprehensive Plan Future Land Use Map to ensure a wide variety of housing types can be developed and properly zoned and land is available” (3.07.01A) The area in the vicinity of W. McMillan Road and N. Ten Mile Road is limited in housing options. The proposed project would promote housing diversity and provide greater opportunities for residents to live near their place of employment and shopping centers.  “Adopt land use designations that will allow for housing opportunities for all income levels.” (3.07.01D) Few of the major employment areas within the City are adequately supported with enough housing options. Density near employment centers allow for workforce housing and promote community resiliency, potentially reducing commute times and expenses, and allowing for increased community and economic engagement.  “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) The UDC (11-3A-3) restricts access to arterial streets when access is available from a local street. The applicant has indicated that they will construct an access to the existing cross access to the private street (W. Apgar Creek Lane).The proposed access to W. McMillan Road is predicated on the applicant obtaining a waiver from City Council and obtaining ACHD’s approval.  “Consistent with the Transportation and Land Use Integration Plan, require all new residential neighborhoods to provide sidewalks, curb and gutters, and complete streets.” (3.07.02B) Curb, gutter and sidewalks do not currently exist along W. McMillan Road. The applicant shall construct them as part of this project. Portions between the curb and the sidewalk are improved with gravel. With the development of this project, the applicant should replace the existing gravel with vegetative groundcover in accord with UDC 11-3B-7C. Exhibit A Goddard Creek – RZ, CPAM, CUP, PP, MDA H-2017-0007 PAGE 8 STATE REQUIRED COMPREHENSIVE PLAN ANALYSIS Idaho’s counties and cities are required by law, Idaho Code 67-6508, to prepare, implement, review, and update a comprehensive plan which outlines goals and policies for land use. Fourteen elements which must be addressed in the plan are listed in the Code. It is the detailed ordinances that then spell out how these policies are to be achieved. The order in which the following policies are presented implies no order or priority. a. Property Rights The purpose of this element is to ensure that the land use policies, restrictions, conditions, and fees do not unconstitutionally violate private property rights, and establish a consistent review process that enable the City to ensure that any proposed actions will not result in an unconstitutional taking of private property without due process of law. Staff finds that the requested Comprehensive Plan Land Use Map change would not unconstitutionally vi olate private property rights. Two neighborhood meetings were held, one on October 10, 2016 and 8 people attended, and one on December 22, 2016 and 6 people attended (see sign-up sheet included in application). b. Population The City of Meridian must ensure that population growth is accommodated in an orderly pattern. Residential and commercial developments must be easily served by City infrastructure and public services. Necessary services are currently available to the subject site and should still be available upon development of the site. Additional housing choice is needed in the area to accommodate the population growth. c. School Facilities and Transportation The purpose of this element is to direct new residential development to areas with adequate school facilities and student transportation. The City did not receive a letter from the West Ada School District, so the impact this development will have on existing school facilities is unknown. d. Economic Development Meridian’s economic base has been gradually shifting over the last 20 years from a farming-based economy to a retail, service, and manufacturing-based economy. During this time, local policy with regard to the types of lands needed to support the economic and employment needs of the community has also changed. The Comprehensive Plan forecasts the need to continually adjust the provision of commercial lands in order to gradually broaden economic opportunity throughout the City. As mentioned in the history section of this application, the subject site was previously slated as appropriate for an office use. However, given the amount of vacant commercial land in this area, staff believes additional housing option in this area are a more appropriate use for this property, especially because the property is adjacent to a major arterial roadway and near a major commercial center. The subject property is currently identified as appropriate for residential uses. However, because the site is located near major transit corridors (McMillan and Ten Mile Road) and commercial and employment uses and services, Staff finds the proposed MU-C designation is appropriate for this site. e. Land Use The Comprehensive Plan Future Land Use Map is a graphic representation of applicable policies and goals of Meridian’s Comprehensive Plan. The Map has been prepared to identify suitable areas for future residential, commercial, and industrial development. The Map is designed to be a Exhibit A Goddard Creek – RZ, CPAM, CUP, PP, MDA H-2017-0007 PAGE 9 projection of growth patterns for the City. Therefore, the Map is to be used as a guide for decisions regarding requests for land use changes. f. Natural Resources The purpose of this element is to promote conservation of areas of natural significance, where appropriate. Staff is not aware of any natural resources that exist on this site that would be impacted by the proposed development. g. Hazardous Areas The purpose of this element is to ensure regulation of development in hazardous areas, such as floodplains, unstable slopes, etc. Staff is unaware of any hazardous areas on this site. h. Public Services, Facilities, and Utilities City water and sewer service is available to the subject property and will be extended upon development by the developer. i. Transportation The purpose of this element is to promote an efficient and safe transportation system within the City. The proposed development will increase traffic within this area of the City; however, the nearby traffic corridors (i.e. Ten Mile Road and McMillan) should provide efficient and safe transportation to and from the development. The proposed development is also within walking and biking distance of many services, future employment centers, and nearby public parks. j. Recreation Recreation resources within Meridian include 19 developed City parks totaling approximately 240 acres. The City is in the process of developing new park facilities. The City also maintains several pathways. This site is not formally designated for recreational purposes. However, the site is located near Heroes Park. k. Special Areas or Sites The subject amendment does not directly impact any lands designated for open space, natural resources, or scenic areas, nor does the parcel contain any known significant or sensitive natural resources. l. Housing The City of Meridian is charged with ensuring an adequate and attractive living environment which meets the needs of City residents of different ages, family sizes, lifestyles, and income levels. To accomplish this, the plan identifies areas appropriate for residential development and areas not appropriate. This site is currently designated for residential uses (HDR). The applicant proposes to change the land use designation on this property to MU-C and develop multi-family residential uses on a portion of the site at a gross density of 16.40 units/acre. The MU-C designation encourages residential densites between 6 and 15 dwelling units to the acre. Staff believes the proposed change will provide housing opportunities near employment, shopping and medical offices in close proximity to major transportation corridors (i.e. McMillan and Ten Mile Road). m. Community Design The purpose of this element is to ensure a pattern of planned growth resulting in orderly and attractive developments within the City of Meridian. The intended use of this property is to develop the property with self-storage facility and an 82-unit multi-family development. To ensure quality design, all future structures will be required to comply with the City’s design standards contained in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. Exhibit A Goddard Creek – RZ, CPAM, CUP, PP, MDA H-2017-0007 PAGE 10 The applicant will also be required to obtain Certificate of Zoning Compliance and Design Review approval for the entire project. n. Agriculture The subject amendment does not impact areas being used for farming activities although a large portion of the property does appear to be used as pasture/grazing land. o. Implementation The City provides the necessary staff and facilities to administer and enforce the policies and goals of the Comprehensive Plan. The City of Meridian Planning Division will administer the Comprehensive Plan and its policies through the Unified Development Code. The Planning & Zoning Commission is also authorized by the Council to review, approve and make recommendations on proposals affecting the public’s interest in land use. The City Council is the ultimate decision making authority on most land use applications. p. National Interest Electric Transmission Corridors This site is not designated for a high-voltage transmission line corridor. q. Public Airport Facilities This site is not designated for a public airport facility. SUMMARY: Because this site is located near Ten Mile Road and McMillan Road, major transportation corridors in the City, and is in close proximity to shopping, future employment and service uses, staff believes the MU-C designation and proposed development is appropriate for this property with staff’s recommended changes. If the change to the FLUM is approved, the proposed development with (staff’s conditions) will contribute to the mix of housing types in this area at a density desired in MU-C designated areas. The development will also provide housing options near commercial and employment areas located along Eagle Road and in the general vicinity. Convenient access to services and jobs for residents would also be provided. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zoning District: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range (UDC 11-2A-1). B. Schedule of Use: UDC Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the proposed R-40 zoning district and UDC Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the proposed C- C zoning district. Any use not explicitly listed is prohibited. A multi-family development is listed as a conditional use in the R-40 district and the self-storage use is listed as a conditional use in the C-C zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2A-8 for the R-40 district and UDC Table 11-2B-3 for the C-C district. D. Landscaping: Landscaping is required within parking areas in accordance with the standards listed in UDC 11-3B-8C and within common areas in accord with UDC 11-4-3-27F. Exhibit A Goddard Creek – RZ, CPAM, CUP, PP, MDA H-2017-0007 PAGE 11 E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for multi- family dwellings and for commercial uses. F. Self-Service Uses: UDC 11-3A-16 lists the specific requirements for self-service uses (see section 9 below for further analysis). G. Structure and Site Design Standards: Development of this site must comply with the design standards in accord with UDC 11-3A-19 and the guidelines listed in the Architectural Standards Manual (ASM). H. Common Open Space and Site Amenity Requirements: Common open space and site amenities are required to be provided on the multi-family site in accord with the requirements listed in UDC 11-3G-3 and UDC 11-4-3-27. IX. ANALYSIS Analysis of Facts Leading to Staff Recommendation: A. Comprehensive Plan Map Amendment (CPAM): The applicant proposes to amend the FLUM contained in the Comprehensive Plan to change the land use designation on 12.38 acres of land from Office and High-density residential to MU-C. For the reasons stated in Section VII above, Staff is in support of the applicant’s request. B. Rezone (RZ): The applicant requests approval to rezone 12.38 acres of land from R-4 to R-40 (5 acres) and C-C (7.38 acres) zoning districts consistent with the proposed FLUM designation of MU-C. The applicant has submitted a site plan, included in Exhibit A.4, that depicts (82) attached structures. The proposed R-40 zoning district will accommodate the proposed multi-family development with a gross density of 16.40 dwelling units per acre. The proposed self-storage facility with a total square footage of 143,964 will accommodate the entire project on site. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and zoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. C. DEVELOPMENT AGREEMENT MODIFICATION (MDA): A modification to the existing development agreement (DA) (Instrument No. 103012598) is requested to remove this property from the existing development agreement and to enter into a new development agreement with the associated concept plan and elevations (see Exhibits A.4 and A.5). The existing DA approved for the property does not reflect the current owner’s desires for the property’s development. In order to accommodate the proposed development, the applicant’s request (and staff’s recommendation) is that the proposed development be placed in a new development agreement with the associated zoning designations, elevations, and concept plan. The proposed conceptual development plan depicts an 82-unit multi-family attached housing development and a 143,964 square foot self-storage complex. Staff’s recommended DA provisions are in Exhibit B. D. Preliminary Plat (PP): Exhibit A Goddard Creek – RZ, CPAM, CUP, PP, MDA H-2017-0007 PAGE 12 The applicant proposes a new preliminary plat consisting of 22 residential building lots, one (1) commercial lot, and 5 common area lots on 12.38 acres of land in the proposed C-C and R-40 zoning districts. Existing Structures: There is an existing home and accessory structures on this site. All structures are required to be removed prior to City Engineer signature on the final plat. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the dimensional standards listed in UDC Table 11-2A-8 for the R-40 zoning district and 11-2B-2 for the C-C zoning district. All of the lots comply with the minimum standards. Construction of buildings on the site should comply with the setback and dimensional standards for the R-40 and C-C districts. The lots range in size from 3,940 square feet to 6,562, with the majority of the lots accommodating 4 residential units in one building. Access: Access to streets is required to comply with the standards listed in UDC 11-3A-3. The UDC (11-3A-3) requires access to be taken from a local street when available. The applicant is requesting a Council waiver to allow for direct access to W. McMillan Road. ACHD has approved the proposed access points. The proposed plat depicts access for the multi-family portion of the project via W. Apgar Creek Lane (Private Street), at the north boundary of the site. Direct access to the storage portion is provided through an access to W. McMillan Road and emergency access is provided at N. Three Links Lane. Staff recommends that the applicant provide a gated access to the vacant office parcel to facilitate another emergency access when the office park develops. An emergency access to the multi-family portion of the project is also proposed from W. McMillan Road. Traffic Impact Study (TIS): A TIS was not required by ACHD for this development. Landscaping: Street buffer landscaping is required to be provided along collector streets as set forth in UDC Table 11-2A-7 per the standards listed in UDC 11-3B-7C; buffers are not required along local streets in the R-15 zone. A 25 foot landscape buffer is required along W. McMillan Road. Open Space: A minimum of 10% (or .73 acres) of the multi-family portion of the site is required to consist of qualified open space in accord with the standards listed in UDC 11-3G-3B in addition to that required by UDC 11-4-3-27 for multi-family developments (see CUP analysis below). A total of 1.56 acres of qualified open space is proposed consisting of half of the landscape buffer along W. McMillan Road, stormwater detention facilities, a 50’ X 100’ area that is also called out as a stormwater detention area and internal micropaths consistent with UDC standards (see Exhibit A.4). Stormwater detention facilities must comply with the design standards listed in UDC 11-3B-11. Site Amenities: A minimum of one qualified site amenity that meets the requirements listed in UDC 11-3G-3C is required to be provided within this development in addition those required by UDC 11-4-3-27 for multi-family developments (see CUP analysis below). A tot lot and a public art piece are proposed as amenities. The applicant shall provide details of both amenities prior to the Commission hearing to ensure that the amenities meet the requirements in UDC 11-3G-3C. Fencing: A 6-foot tall fence is depicted on the landscape plan along the west boundary of the storage portion of the project. All fencing should comply with the standards listed in UDC 11-3A- 7. The applicant shall provide fencing around the 25-foot landscape buffer along the north boundary. Staff is concerned that this area is screened from view from the adjacent streets and could be a potential nuisance area. Exhibit A Goddard Creek – RZ, CPAM, CUP, PP, MDA H-2017-0007 PAGE 13 The site plan indicates a number of paths to connect to the existing landscape buffer and sidewalk along N. Goddard Creek Way. This is a common lot for the Kelly Creek Subdivision. The applicant will need to work with the Kelly Creek HOA in order to coordinate those improvements. Sidewalks: Sidewalks are required to be provided with development in accord with the standards listed in UDC 11-3A-17. Staff is also recommending that the applicant provide a sidewalk from the north boundary of the site to connect to the existing sidewalk along the south side of W. Apgar Creek Lane and continue south within the proposed landscape easement to connect to the proposed sidewalk along W. McMillan Road. Micropaths shall be placed in common lots or an easement needs to be in place indicating who is responsible for maintenance of those areas. Utilities: Street lights are required to be installed along public streets adjacent to the development in accord with the City’s adopted standards, specifications and ordinances. All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Adequate fire protection shall be required in accord with the appropriate fire district standards. Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for the development in accord with UDC 11-3A-15 as proposed and will be served by the Nampa & Meridian Irrigation district. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City’s adopted standards, specifications, and ordinances, per UDC 11-3A-18. A site storm drainage area is depicted on the landscape plan within common lot 16C. In order for these areas to count toward the qualified open space requirements, they must be constructed in accord with the standards listed in UDC 11-3B-11. E. Conditional Use Permit(s) (CUP) Multi-family: A CUP is requested for a multi-family development in the proposed R-40 zoning district as required by UDC Table 11-2A-2. The proposed multi-family development consists of 82 dwelling units consisting of (12) townhouse buildings, each unit containing 2-3-bedrooms. 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. All of the floor plans depict 84 s.f. of private usable open space consisting of patios and balconies for each unit in accord with UDC standards.  Developments with 20 units or more shall provide a property management office, a maintenance storage area, a central mailbox location with pro visions 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. An on-site property management office is proposed within one of the units; the site plan submitted with the Certificate of Zoning Compliance application should depict the exact location of the maintenance storage area and directory map of the development.  At a minimum, 350 s.f. of common open space is required for each unit containing more than 1,200 s.f. of living area. Because all of the proposed units (82) contain more than 1,200 square feet of living area, a minimum of 28,700 square feet (or 0.65 of an acre) of common open space is required to be provided in addition to that 26,170 square feet is Exhibit A Goddard Creek – RZ, CPAM, CUP, PP, MDA H-2017-0007 PAGE 14 required (or 0.60 of an acre) required by UDC 11-3G-3B. A total of 1.25 acres of common open space is required. The applicant’s narrative describes the open space as 68,176 square feet (or 1.56 acres) consisting of active and passive common areas at least 400 square feet in area in accord with UDC standards. Staff has concerns that the amount of open space is not sufficient for the development Staff did not receive a detailed table indicating how the open space was calculated. In order for staff to ensure that sufficient open space is being proposed for the multi-family development, the applicant shall provide a detailed open space exhibit prior to the Commission hearing.  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 82 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) in addition to those (1) required by UDC 11-3G-3C. The applicant proposes to provide a tot lot with a children’s play structure, an open space area at least 50’ X 100’, a public art piece, and a walking trail . The applicant shall be required to provide one (1) additional amenity on the multi-family portion of the project to meet the requirements of Both UDC 11-3G-3 and 11-4-3-27, for a total of five (5) amenities.  The architectural character of the structures shall comply with the standards listed in UDC 11-4-3-27E. The conceptual elevations included in Exhibit A.4 incorporate windows and offset walls for variety and articulation; main entrances are designed as a focal point of the building and are covered for weather protection; rooflines have a significant pitch; and building materials consist of vertical board and batten siding, stone veneer accents, and architectural shingles in accord with these standards. Because homes on lots that back up to W. McMillan Road, W. Apgar Creek Lane, N. Goddard Creek Way and the required pedestrian pathway within the landscape easement as indicated by the preliminary plat, will be highly visible, staff recommends the rear or sides of structures on lots that face these streets/common open spaces incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines.  All roof and wall mounted mechanical, electrical, communications, and service equipment should be screened from public view from the adjacent streets and properties. Administrative design review and Certificate of Zoning Compliance application(s) are required for both uses to ensure final design of structures comply with this requirement and the City of Meridian Architectural Standards Manual. See Building Elevations section below for more information.  Landscaping is required to comply with UDC 11-4-3-27-F. All street facing elevations shall have landscaping along their foundation as follows: the landscaped area shall be at least 3-feet wide and have an evergreen shrub with a minimum mature height of 24 inches for every 3 linear feet of foundation. The remainder of the area shall be landscaped with ground cover plans. The landscape plan submitted with the Certificate of Zoning Compliance should comply with this requirement for the sides of the structures that face W. McMillan and N. Goddard Creek Way.  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 or prior to issuance of Certificate of Occupancy at the latest. Exhibit A Goddard Creek – RZ, CPAM, CUP, PP, MDA H-2017-0007 PAGE 15 E. Conditional Use Permit(s) (CUP) Self-service Storage: A second CUP is requested for a self-storage facility in the C-C zoning district as required by UDC Table 11-2B-2. The storage units consist of 143,964 square feet of storage space on 5 acres of land. Self-Service Storage Facilities: The specific use standards for the self-service storage facility listed in UDC 11-4-3-34 apply to development of this site as follows: A. Storage units and/or areas shall not be used as dwellings or as a commercial or industrial place of business. The manufacture or sale of any item by a tenant from or at a self - service storage facility is specifically prohibited. The applicant must comply with this requirement. B. On-site auctions of unclaimed items by the storage facility owners shall be allowed as a temporary use in accord with Section 11-3E temporary use requirements of this Title. The applicant must comply with this requirement. C. The distance between structures shall be a minimum of twenty-five feet (25’). The distance between all of the buildings meets or exceeds the 25-foot distance requirement. D. The storage facility shall be completely fenced, walled, or enclosed and screened from public view. Where abutting a residential district or public road, chain-link shall not be allowed as fencing material. Chain-link will not be permitted as a fencing material where the proposed facility fronts N. Ten Mile Road. E. If abutting a residential district, the facility hours of public operation shall be limited to 6:00 a.m. to 11:00 p.m. The site abuts the Selway Apartments to the north and the proposed multi -family project as part of this application. F. A minimum twenty five foot (25’) wide landscape buffer shall be provided where the facility abuts a residential use, unless a greater buffer width is required by this title. Landscaping shall be provided as set forth in subsection 11-3B-9C of this title. Two 25-foot landscape buffers are required in this case, one to the north of the self- storage against the Selway Apartments, and one to the proposed multi-family project. G. If the use is unattended, the standards in accord with Section 11-3A-16 self-service uses of this Title shall also apply. (See standards from UDC 11-3A-16 below). H. The facility shall have a second means of access for emergency purposes. A secondary emergency only access is proposed via N. Three Links Lane, along the northern boundary of the site. Staff recommends that the applicant connect to the existing 30’ cross access easement on the west boundary of the site that was approved with Verona Subdivision No.4. The secondary access for the proposed multi-family project is near the southeast corner of the multi-family project and is an access to W. McMillan Road. I. All outdoor storage of material shall be maintained in an orderly manner so as not to create a public nuisance. Materials shall not be stored within the required yards. Stored Exhibit A Goddard Creek – RZ, CPAM, CUP, PP, MDA H-2017-0007 PAGE 16 items shall not block sidewalks or parking areas and may not impede vehicular or pedestrian traffic. The applicant shall comply with this requirement. J. The site shall not be used as vehicle wrecking or junkyard as herein defined. The applicant shall comply with this requirement. K. For any use requiring the storage of fuel or hazardous material, the use shall be located a minimum of one thousand feet (1,000’) from a hospital. The applicant is not proposing to store any hazardous material on the site. The applicant shall comply with this requirement. Self-Service Uses: The proposed use of the property is for a self-service storage facility. UDC 11-3A-16 requires all unattended self-service uses to comply with the following requirements: A. Entrance or view of the self-service storage facility shall be open to the public street or to adjoining businesses and shall have low-impact security lighting. The entrance of the facility from W. Mcmillan Road is open and visible from the public street. Low-impact security lighting is required to be provided. B. Financial transaction areas shall be oriented to and visible from an area that receives a high volume of traffic, such as a collector or arterial street. This standard is not applicable. C. Landscape shrubbery shall be limited to no more than three feet (3’) in height between entrances and financial transaction areas and the public street. This standard is not applicable. Parking: For multi-family developments, off-street parking is required in accord with the standards listed in UDC Table 11-3C-6. Based on (82) 2-3 bedroom units, a total of 164 parking spaces are required for the multi-family development – 82 of which are required to be in a covered carport or garage. The site plan depicts a total of 205 parking spaces – 94 in enclosed garages, 94 on parking pads in front the garages, 4 ADA parking stalls, and 13 other stalls located throughout the development. For non-residential uses such as the property management office, a minimum of one space is required to be provided for every 500 square feet of gross floor area in accord with the standards listed in UDC 11-3C-6B. Based on roughly 100 square feet, a minimum of one parking space is required to be provided for the office. Parking: Per UDC 11-3C-6B, in commercial districts, one off-street parking space is required per 500 square feet of gross floor area. Based on the total square footage of the office structure on the site of roughly 1,500 square feet, the applicant would be required to install three (3) parking stalls and one (1) ADA stall. The site plan shows 4 stalls and 1 ADA stall. This appears to be in compliance with the UDC. Additionally, per UDC 11-3C-6G, one bicycle parking space is required to be provided for every 25 vehicle spaces, in compliance with the standards listed in UDC 11 -3C-5C. The submitted site plan shall include the one (1) required bike rack. Landscaping: Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-3B-8C as proposed. Mitigation: There are existing trees on this site. The applicant is required to comply with the Exhibit A Goddard Creek – RZ, CPAM, CUP, PP, MDA H-2017-0007 PAGE 17 mitigation standards listed in UDC 11-3B-10C.5 for any existing trees 4-inch caliper or greater that are removed from the site. Contact Elroy Huff, City Arborist (208-371-1755), prior to removal of any existing trees from the site. Tree mitigation plan should be located on the revised landscape plan submitted with the first CZC application. Building Elevations: The architectural character of the structures shall comply with the standards listed in UDC 11-4-3-27E as noted above, and the City of Meridian Architectural Standards Manual. Building elevations and floor plans were submitted for the proposed multi-family structures within this development as shown in Exhibit A.5. Building materials consist of vertical board and batten siding, stone veneer accents, and architectural shingles. Staff recommends that with submittal of the CZC, that the applicant provide revised elevations that include additional materials on the rear and side elevations for the multi-family development. The proposed development is required to comply with the design review standards set forth in UDC 11-3A-19 and the Meridian Design Manual. The applicant has submitted renderings that demonstrate how the site will be viewed from the public streets and the future pathway. In the narrative, the proposed building materials for these structures appear to include split face CMU block and stucco. Further review of the structures will take place with the administrative design review application. Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate of Zoning Compliance application for establishment of the new uses and to ensure all site improvements comply with the provisions of the UDC and the conditions in this report prior to construction, in accord with UDC 11-5B-1. Design Review: The applicant is required to submit an application for Design Review concurrent with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and building design is required to be generally consistent with the elevations and site plan submitted with this application and the standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. In summary, Staff recommends approval of the proposed RZ, CPAM, PP, CUP and MDA applications with the conditions included in Exhibit B and approval of the proposed RZ application with a development agreement that includes the provisions listed in Exhibit B of this report in accord with the findings contained in Exhibit D. \ X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Existing & Proposed FLUM 3. Proposed Preliminary Plat (dated: 1/16/2017) Exhibit A Goddard Creek – RZ, CPAM, CUP, PP, MDA H-2017-0007 PAGE 18 4. Proposed Landscape Plan (dated: 1/01/2017) 5. Proposed Building Elevations & Floor Plans B. Agency & Department Comments C. Legal Description & Exhibit Map for Zoning Boundary D. Required Findings from Unified Development Code Exhibit A Exhibit A Page 1 A. Drawings/Other Exhibit A.1: Zoning Map Exhibit A - 2 - Exhibit A.2: Existing and Proposed Future Land Use Map Exhibit A - 3 - Exhibit A.3: Proposed Preliminary Plat (dated: 1/16/2017) Exhibit A - 4 - Exhibit A.4: Proposed Landscape Plan (dated: 01/01/2017) Exhibit A - 5 - Exhibit A.5: Proposed Building Elevations & Floor Plans Exhibit A - 6 - Exhibit A - 7 - Exhibit A - 8 - B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS 1. PLANNING DEPARTMENT 1.1.1 The existing development agreement, recorded as Instrument #102012598, shall be amended to include the attached site plan for the self-storage business. 1.1.2 The Development Agreement Modification (MDA) shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting the modification. The revised DA shall incorporate the provisions in Exhibit A.4 and the A.5. 1.1.11.1.3 The applicant shall obtain a Council waiver for the access to McMillan Road in accord with UDC 11-3A-3. 1.1.2 With submittal of the final plat application, the applicant shall submit an application and receive 1.1.45 The preliminary plat included in Exhibit A.3, dated 1/16/17, shall be revised as follows: is approved as shown. a. Structures are not allowed within the required 25-foot wide landscape buffer between the commercial and residential uses. The applicant shall remove any structures within the landscape buffers. 1.1.56 The site/landscape plan included in Exhibit A.4, dated 01/01/17, shall be revised as follows: a. UDC section 11-2B-3 requires a 25-foot landscape buffer when a commercial use is adjacent to a residential use. The applicant shall provide a 25 foot landscape buffer on the east side of the storage unit portion of the project. b. The applicant shall provide a 5-foot sidewalk from the north boundary of the site to the proposed sidewalk along W. McMillan Road. The sidewalk shall be located in the proposed 25-foot landscape easement adjacent to the storage unit portion of the project. The applicant shall provide documentation indicating who is responsible for maintenance of this pathway and landscaping. c. The proposed detached sidewalk along W. Apgar Creek Lane shall connect to the existing sidewalk along N. Goddard Creek Way. d. Depict a directory and map of the development at an entrance or convenient location for those entering the development, per UDC 11-4-3-27B.7. e. Depict the location of the maintenance storage area required by UDC 11-4-3-27B.7. af. With the development of this project, the applicant shall replace the existing gravel along W. McMillan Road with vegetative groundcover in accord with UDC 11-3B-7C. bg. Stormwater detention facilities must comply with the standards listed in UDC 11-3B-11. h. Depict a minimum of 205 standard parking stalls on the site as proposed, which may include handicap stalls; 94 of which shall be in a covered carport or garage in accord with UDC 11- 3C-6B and Table 11-3C-6. Compact stalls may be provided above and beyond the required number. i. Micropaths shall be placed in common lots or an easement needs to be in place indicating who is responsible for maintenance of those areas. cj. The applicant shall provide fencing around the 25-foot landscape buffer along the north boundary. k. The applicant shall coordinate with the Kelly Creek HOA in order to coordinate work in their common lot along N. Goddard Creek Way. Exhibit A - 9 - l. 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. m. A detail of the trash enclosures shall be submitted with the Certificate of Zoning Compliance application(s). 1.1.6 The applicant shall provide details of both the public art piece and the play structure prior to the Commission hearing to ensure that the amenities meet the requirements in UDC 11-3G-3C. 1.1.7 The applicant shall be required to provide one (1) additional amenity on the multi-family portion of the project to meet the requirements of Both UDC 11-3G-3 and 11-4-3-27, for a total of five (5) amenities. 1.1.8 CC&R’s or a maintenance agreement for the development shall state that all residents have access to all common areas depicted in the open space exhibit in Exhibit A.4. 1.1.9 A minimum of 1.56 acres of qualified open space shall be provided within the development as proposed and in accord with UDC 11-3G-3B and 11-4-3-27C. The applicant shall include detailed calculations along with an exhibit demonstrating compliance with these standards. 1.1.10 Submit a detail of the proposed children’s play equipment for the tot lot and a detail of the proposed public art piece with the final plat application. 1.1.67 All fencing shall comply with the standards listed in UDC 11-3A-7. 1.1.12 Homes on lots that back up to W. McMillan Road, W. Apgar Creek Lane, N. Goddard Creek Way and the required pedestrian pathway within the landscape easement as indicated by the preliminary plat (Lots 1-6, 8-12, 13, 17 and 22-25), will be highly visible, the rear or sides of structures on lots that face these streets/common open spaces shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. 1.1.13 With submittal of the certificate of zoning compliance for the multi-family development, the applicant shall provide revised elevations that include two (2) additional building materials on the rear and one (1) additional material on the sides. 1.1.14 With submittal of the certificate of zoning compliance the applicant shall provide a master site plan that indicates which building will be built on which lot. 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. Exhibit A - 10 - 1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C (streets). 1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.10 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.11 Provide bicycle parking spaces as set forth in UDC 11-3C-6G consistent with the design standards as set forth in UDC 11-3C-5C. 1.2.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 1.2.13 Construct all required landscape areas used for storm water integration consistent with the standards as set forth in UDC 11-3B-11C. 1.2.14 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the guidelines set forth in the City of Meridian Design Manual. 1.2.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.2.16 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 1.2.17 All fencing constructed on the site shall comply with the standards as set forth in UDC 11-3A-7 and 11-3A-6B as applicable. 1.3 Ongoing Conditions of Approval 1.3.1 The conditional use may only be transferred or modified consistent with the provisions as set forth in UDC 11-5B-6G. The applicant shall contact Planning Division staff regarding any proposed modification and/or transfer of ownership. 1.3.2 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The conditional use approval shall be null and void if the applicant fails to 1) commence the use within two years as set forth in UDC 11-5B-6F1 or 2) gain approval of a time extension as set forth in UDC 11-5B-6F4. 1.4.3 The applicant shall submit and obtain approvals of each Certificate of Zoning Compliance and Design Review application from the Planning Division, prior to submittal of any building permit application. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 As currently proposed, the water mains within the storage facility will not be able to provide for adequate fire hydrant spacing. Applicant should consider a water main loop around the west end of the storage units from N. Three Lines Lane to the proposed main at main driveway location. Fire hydrants could then be designed at the ends of the buildings, with laterals to provide for the Exhibit A - 11 - 300’foot maximum spacing between hydrants. 2.1.2 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to 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. 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, Exhibit A - 12 - 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. 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. Exhibit A - 13 - 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 public sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. POLICE DEPARTMENT 3.1 The Police Department has no comments on this application. 4. FIRE DEPARTMENT 4.1 Any newly installed Fire Department connections for sprinkler or standpipes will require locking Knox box plugs. 4.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 4.3 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 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. 4.3 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 4.4 All common driveways shall be straight or have a turning radius of 28’ inside and 48’ outside and have a clear driving surface of 20’ in width capable of supporting an imposed weight of 75,000 GVW, per International Fire Code Section 503.2. 4.5 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. 4.6 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 4.7 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.8 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. Exhibit A - 14 - 4.9 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. 4.10 Commercial and office occupancies will require a fire-flow consistent with International Fire Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C. 4.11 Maintain a separation of 5’ from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. 4.12 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 4.13 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in International Fire Code Section 505.1. 4.14 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. 4.15 All electric gates are required to be 20’ in width and equipped with a Knoxbox key switch as set forth in International Fire Code Section 503.6 & National Fire Protection Standard 1141, Section 5.3.17.3. 4.16 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. 4.17 There shall be a fire hydrant within 100’ of all fire department connections as set forth in local amendment to the International Fire Code 10-4-2L. 4.18 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets. IFC 102.9 4.19 Buildings over 30’ in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. 4.20 This project will be required to provide a 20’ wide swing or rolling emergency access gate as set forth in International Fire Code Sections 503.5 and 503.6. The gate shall be equipped with a Knoxbox padlock which has to be ordered thru the Meridian Fire Department. All gates at the entrance to fire lanes shall be located a minimum of 30 feet from the roadway and shall open away from the roadway, unless other provisions are made for safe personnel operations as set forth in National Fire Protection Standard 1141, Section 5.3.17. 4.21 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 Please coordinate with Bob Olson, Republic Services (208-345-1265) and obtain approval of the trash enclosure location prior to submittal of the Certificate of Zoning Compliance application. Exhibit A - 15 - 6. PARKS DEPARTMENT 6.1 The applicant is required to comply with the mitigation standards listed in UDC 11-3B-10C.5 for any existing trees 4-inch caliper or greater that are removed from the site. Contact Elroy Huff, City Arborist (208-371-1755), prior to removal of any existing trees from the site. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.01 Dedicate right-of-way on McMillan Road to total 38-feet from centerline. The applicant will be compensated for the right-of-way. 7.1.02 Widen the pavement on McMillan Road to a minimum of 17-feet from centerline with a 3-foot gravel shoulder abutting the site. 7.1.03 Construct a 5-foot wide detached concrete sidewalk on McMillan Road located outside of the proposed right-of-way dedication area. The front edge of sidewalk should be located a minimum of 43-feet from centerline. Provide a sidewalk easement that shall encompass the entire area between the right-of-way line and 2-feet behind the back edge of the sidewalk. 7.1.04 Close the existing driveway from the site onto McMillan Road with 5-foot wide concrete sidewalk. 7.1.05 Construct a 30-foot wide curb return type driveway onto McMillan Road located 568-feet (measured centerline-to-centerline) from Cortona Way. 7.1.06 Construct a 20-foot wide emergency access from the site onto McMillan Road. Gates or bollards shall be located outside of the right-of-way, and installed as determined by Meridian Fire Department. 7.1.07 Pave the driveways their full widths and at least 30-feet into the site beyond the edge of McMillan Road. 7.1.08 Payment of impacts fees are due prior to issuance of a building permit. 7.1.09 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.01 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right- of- way (including all easements). 7.2.02 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.03 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.04 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at387-6280 (with file number) for details. 7.2.05 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. Exhibit A - 16 - 7.2.06 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.07 It is the responsibility of the applicant to verify all existing utilities within the right-of-way.The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.08 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.09 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. Exhibit A - 17 - C. Legal Description & Exhibit Map for Zoning Boundary Exhibit A - 18 - Exhibit A - 19 - Exhibit A - 20 - D. Required Findings from Unified Development Code 1. COMPREHENSIVE PLAN AMENDMENT FINDINGS: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an amendment to the Comprehensive Plan, the Council shall make the following findings: a. The proposed amendment is consistent with the other elements of the Comprehensive Plan. Council finds that the proposed changes, as recommended by staff, to the Future Land Use Map are generally consistent with elements of the Comprehensive Plan as detailed in Section VII above. b. The proposed amendment provides an improved guide to future growth and development of the city. Council finds that the proposal to modify the Future Land Use Map to allow for Mixed Use Community uses will be compatible with existing residential and future office/commercial uses in the nearby vicinity. c. The proposed amendment is internally consistent with the Goals, Objectives and Policies of the Comprehensive Plan. Council finds that the proposed amendment is internally consistent with the Goals, Objectives, and Policies of the Comprehensive Plan (see Section VII for detailed analysis). d. The proposed amendment is consistent with the Unified Development Code. Council finds that the proposed amendment is consistent with the Unified Development Code. e. The amendment will be compatible with existing and planned surrounding land uses. Council finds the proposed amendment will be compatible with adjacent existing and future residential and commercial uses. f. The proposed amendment will not burden existing and planned service capabilities. Council finds that the proposed amendment would not burden existing and planned service capabilities in this area of the city. Sewer and water services are available to be extended to this site. g. The proposed map amendment (as applicable) provides a logical juxtaposition of uses that allows sufficient area to mitigate any anticipated impact associated with the development of the area. Council finds the proposed self-storage and multi-family developments of this property is consistent with the proposed map amendment and will not significantly impact development in this area and provides a logical juxtaposition of uses. h. The proposed amendment is in the best interest of the City of Meridian. For the reasons stated in Sections VII, VIII, and IX and the subject findings above, Council finds that the proposed amendment is in the best interest of the City. Exhibit A - 21 - 2. REZONE: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; Council finds the proposed density and associated C-C zoning designations are consistent with the applicable provisions of the Comprehensive Plan in regard to the MU-C future land use map designations for this site. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that the proposed map amendment and subsequent development will contribute to the storage opportunities available in the northern portion of the City. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be materially detrimental to the public health, safety, or welfare. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). Because this application is for a rezone, this finding is not applicable. 3. PRELIMINARY PLAT: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the developer at their own cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. Exhibit A - 22 - d. There is public financial capability of supporting services for the proposed development; Council relies upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. Council considers any public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which Council is unaware. 4. 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. Council finds that if the required parking can be accommodated on the site, the site will be large enough to accommodate the proposed uses and meet the dimensional and development regulations of the C-C zoning district and the specific use standards for self-storage developments. b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Council finds that the proposed self-storage use in the C-C zone meets the objectives and policies of the Comprehensive Plan. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Council finds that the general design, construction, operation and maintenance of the self- storage use will be compatible with existing residential and future office/commercial uses in the vicinity and with the existing and intended character of the area and will not adversely change the character of the area. Council considers 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. Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this staff report and constructs all improvements and operates the use in accordance with the UDC standards. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. Exhibit A - 23 - Council finds that sanitary sewer, domestic water and irrigation can be made available to the subject property. Please refer to comments prepared by the Public Works Department, Fire Department, Police Department and other agencies. 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. Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay impact fees. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Council 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. Council recognizes the fact that traffic and noise will increase with the approval of this development; however, whenever undeveloped property is developed, the amount of traffic generation does increase. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. Council references 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.