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Silverstone Apartments H-2016-0060ADA COUNTY RECORDER Christopher D. Rich 2017-076698 BOISE IDAHO Pgs=56 LISA BATT 08/17/2017 01:13 PM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. William P. Bienapfl, Jr., Owner 3. DevCo, LLC, Developer THIS DEVELOPMENT AG MONT (this Agreement), is made and entered into this �'day of lyu6u'S4 , 20 , pby and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and William P. Bienapfl, Jr., whose address is 2674 S. Andros, Meridian, Idaho 83642, hereinafter called OWNER and DevCo, LLC, whose address is 4824 W. Fairview Avenue, Boise, Idaho 83706, hereinafter called DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owners and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land, and 1.4 WHEREAS, Owner and/or Developer has submitted an application for the annexation of approximately 14.41 acres of land from the RUT zoning district in Ada County to the C -G (General Commercial) zoning district (as described in Exhibit "A"), under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner and/or Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and - before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT —SILVERSTONEAPARTMENTS (H-2016-00060) PAGE 1 OF t0 1.6 WHEREAS, the record of the proceedings for the requested preliminary plat on the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 7th day of March, 2017, the Meridian City Council approved certain Amended Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit "B"; and 1.8 WHEREAS, the Findings require the Owner and/or Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner and/or Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner and/or Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on October 11, 2016, Resolution No. 16-1173, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. DEVELOPMENT AGREEMENT - SILVERSTONE APARTMENTS (H-2016-00060 PAGE 2 OF 10 3.2 OWNER: means and refers to William P. Bienapfl, whose address is 2674 S. Andros, Meridian, Idaho 83642, the party that owns said Property and shall include any subsequent owner(s) of the Property. 3.3 DEVELOPER: means and refers to DevCo, LLC, whose address is 4824 W. Fairview Avenue, Boise, Idaho 83706, the party that is developing said Property and shall include any subsequent developer(s) of the Property. 3.4 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be re -zoned General Commercial (CG) and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner and/or Developer shall develop the Property in accordance with the following special conditions: 5.1.1 The existing home and associated outbuildings shall be removed from the site prior to applying for a building permit. 5.1.2 The record of survey for the reconfiguration of the property boundary shall be recorded with the County prior to approval of the annexation ordinance. 5.1.3 Future development of this site shall be substantially comply with the concept plan, site plan, landscape plan and architectural elevations included in the Staff Report attached to the Findings of Fact and Conclusions for Law as Exhibit "B" and the conditions contained herein. 5.1.4 A maximum of 312 residential dwelling units shall be constructed within this development. 5.1.5 Future development shall comply with the design standards listed in UDC I I - 3A-19 and the City of Meridian Architectural Standards Manual. 5.1.6 A 35 foot wide street buffer is required to be constructed along E. Overland Road, an entryway corridor, with the first phase of development and prior to DEVELOPMENT AGREEMENT - SILVERSTONE APARTMENTS (H-2016-00060) PAGE 3 OF 10 issuance of the first Certificate of Occupancy for the site. Landscaping is required to be installed within the buffer in accord with the standards listed in UDC 11-313-7C. 5.1.7 Site amenities shall be provided for this development from each of the amenity categories as follows: a tot lot with a children's play structure and a pool; a 50' x 100' open grassy area as an open space amenity; and a fitness facility, enclosed bike storage, conference/business center and a clubhouse as quality of life amenities, in accord with the standards listed in UDC 11-4-3- 27D. 5.1.8 Cross -access shall be granted to the properties to the east and to the south for future inter -connectivity. The recorded cross access agreement shall be submitted with the first certificate of zoning compliance application. 5.1.9 With the first phase of development for the multi -family, the applicant shall construct a southern access to connect to E. Pewter Street as shown in the attached Exhibit "C". 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner and/or Developer's default of this Agreement, Owner and/or Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner and/or Developer that is not cured after notice as described in Section 7.2, Owners and/or Developer shall be deemed to have consented to modification of this Agreement and de - annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner and/or Developer reserve all DEVELOPMENT AGREEMENT- SILVERSTONE APARTMENTS (H-2016-00060) PAGE 4 OF 10 rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner and/or Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner and/or Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner and/or Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner and/or Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner and/or Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner and/or Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner and/or Developer to the City in accordance with Paragraph 11 above. DEVELOPMENT AGREEMENT - SILVERSTONE APARTMENTS (H-2016-00060 PAGE 5 OF 10 13. ABIDE BY ALL CITY ORDINANCES: That Owner and/or Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 William P. Bienapfl, Jr. 2674 S. Andros Meridian, ID 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 DEVELOPER: DevCo, LLC 4824 W. Fairview Avenue Boise, ID 83706 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner and/or Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner and/or Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and DEVELOPMENT AGREEMENT - SILVERSTONE APARTMENTS (H-2016-00060 PAGE 6 OF 10 reasonable discretion, had determined that Owner and/or Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner and/or Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner and/or Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A, B and C follow] DEVELOPMENT AGREEMENT - SILVERSTONE APARTMENTS (H-2016-00060) PAGE 7 OF 10 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: DEVELOPER: DevCo, LLC. By: Printed Name: I Llvtk Co e✓ Its: L rV�e�t r ATTEST: CJ(Colejs,Qty Clerlc CITY By: _ Mayor ,y 0(y of �w E IDIAN�- IDAHO SEAL W eerd DEVELOPMENT AGREEMENT— SILVERSTONE APARTMENTS (H-2016-00060 PAGE 8 OF 10 STATE OF IDAHO ) ss: County of Ada, ) On this 3191day of , 2014, before me, the undersigned, allota>y Public in and for said State, personally appeared William P. Bienapfl, Jr., known or identified to me to be the person that executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. 11,11ii i, ii�lv►,19 (SEAL)'VARY PU ':� G 7E OV4 STATE OF IDAHO ) ss: County of Ada, ) Notary Public for Idaho Residing at: IZ3.o144--, My Commission Expires: p] 1) to 5 On this -PJ day of , 201 q, before me, the undersigned, a Notary Public in and for said State, personally appeared ���„� ` �„�Q,r , known or identified to me to be the of DevCo, LLC, and acknowledged to me that he executed the same on behalf of said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SEAL 10 S Notary Public for Idaho 4 SOT AR 3' Residing at: e� • :My Commission Expires: `g 111 PU,5 c �'•.,,4 TE O C •111„1,11"1 DEVELOPMENT AGREEMENT - SILVERSTONE APARTMENTS (H-20161-00060) PAGE 9 OF 10 STATE OF IDAHO ) : ss County of Ada ) On this day of , 2M, before me, a Notary Public, personally appealed Tammy de Weerd and Oay Coles, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. •00..•.••1• (SEAL) �,•' jtiPNE► 0, OTA4 Ctaj�Lry W04 - Notary Public f r I ah�� � J' � .^ Residing at: �-u-t-� I Commission expires: 8 -a,'2 -0q0221 DEVELOPMENT AGREEMENT - SILVERSTONE APARTMENTS (H-2016-00060) PAGE 10 OF 10 JAM, X EXHIBIT 5XH [SIT A May 3, 2016 Siiverstone Apartments Annexation Legal Description A parcel of land located in the NW114 of the NC114 of Section 21, T. 3 N., R, 1 E., B.M.. Ada Coonty, Idaho, more particularly described as follows: BEGINNING at a found brass cap marking the N114 corner of Section 21; Thence South 891113'35" East, coin dent with the north line of the NW114 of the NE114 of Section 21 and Ilia canwfline of E. Overland Road, 703M feet', Thence South 0'111'04' West, Parallel Mh the west lino of tho NW114 of the NE114 of Section 21, a distance of 892, 98 feet-, Thence North atPl 3'17" West, 703.00 feet to said west line of tho NW114 of tho NE114 of Section 21; Thorico Oorth V11'04" East, coincident with said west Fine of the NWI/4 of the NE114 of Section 21, a distance of 892.93 feet to the POINT OF BEGINNING: The above described parcef contains 14.41 acres more or less. Basis of Bearings is North 89"13'35" West, bemeen the found alLIM111UM cap marking the corner of Sections 21. 22, 16 and 15 and the found brass cep marking the 114 corner common to Sections 16 and 21, all in T. 3 IN, R. 1 E., S.M, NiM COP SEC. 21 EXHIBIT S SILVERSTONE APARTMENTS ANNEXMION SECTION 21, T. 3 N., R. I F_ SAC ADA COUNTY, IDAHO F. OVERLAND RD. BASIS OF BEARINGS S 89'13'35'E 2676,67' f6 15 i 703,00' 1973 87' 21 22 N, 4 11 Ac�±x N 69 - 13*17" W WnuAM P. BlEM%PFL. JR 14221 0 OF L POVO a NTS ; 2030 & WASH)NG TON A VC EMMETT, ID 63617 R (208) 3-98-6104 F, (208) 398.8105 v -11W.SAWT00THLS.00A'. 3 OP' CITY OF MERIDIAN AMENDED FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0060 1 - CITY OF MERIDIAN AMENDED FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for an amendment to the Comprehensive Plan Future Land Use Map to change the land use designation on 25.97 acres of land from Medium Density Residential to Mixed Use Regional and to change the land use designation on 42.18 from Boise’s “Suburban” Comprehensive Plan Land Use designation to Medium Density Residential by DevCo, LLC. Case No(s ). H-2016-0060 For the City Council Hearing Date of: August 16, 2016 (Findings on September 6, 2016) AMENDED Findings on March 7, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 16, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 16, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 16, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 16, 2016, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian 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. 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. EXHIBIT B CITY OF MERIDIAN AMENDED FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0060 2 - 6. That the City has granted an order of approval of the annexation and zoning request 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 Planning Department, the Public Works Department and any affected party requesting notice. 7. That this annexation approval is subject to a development agreement containing the provisions in the attached Staff Report for the hearing date of August 16, 2016, incorporated by reference. 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 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 August 16, 2016, attached as Exhibit A. 2. The applicant’s request for annexation and zoning was approved with a C-G zoning district, with the provisions noted in the Staff Report for the hearing date of August 16, 2016, attached as Exhibit A. 3. The applicant’s request for a conditional use permit is hereby approved based on the findings in the Staff Report for the hearing date of August 16, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (6) Month Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within six (6) months of the City Council granting annexation and/or rezone (UDC 11-5B-3D). 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 (UDC 11-5B-3F). 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 August 16, 2016 By ction of the City Council at its regular meeting held on the 7 day of 2646, COUNCIL PRESIDENT KEITH BIRD VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED &4 COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED Y10Z COUNCIL MEMBER TY PALMER VOTED A COUNCIL MEMBER LUKE CAVENER VOTED !er COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD TIE BREAKER) VOTED e 13iwj Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By: G • : O c- Dated: City, Office CITY OF MERIDIAN AMENDED FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0060 3- Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 1 STAFF REPORT Hearing Date: August 16, 2016 TO: Mayor & City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Silverstone Apartments – AZ, CPAM, CUP (H-2016-0060) Note: This project was heard on July 7, 2016 by the Planning and Zoning Commission. During the hearing, public testimony inadvertently excluded the 42.18 acres from the applicant’s CPAM request. The applicant’s application materials clearly stated their intent to include the 42.18 acres that was originally part of the City of Boise’s AOCI. Further, the applicant has received approvals from the City of Boise and correspondence from our Public Works Department that support the inclusion of this property. The Clerk’s office noticed the property as such and all of the notices to the adjacent property owners included the correct information. To ensure the public record reflects the entire scope of the CPAM application, staff has updated the staff report that includes the 42.18 acre property as part of the CPAM application. I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, DevCo, LLC, has submitted an application for the following: An amendment to the Future Land Use Map (FLUM) contained in the Comprehensive Plan CPAM) to change the land use designation on 25.97 acres of land from Medium Density Residential (MDR) to Mixed Use-Regional (MU-R); and 42.18 acres to the Medium Density Residential Comprehensive Plan Land Use designation. Annexation and zoning (AZ) of 14.41 acres of land from the RUT zoning district in Ada County to the C-G zoning district; Conditional use permit (CUP) for a multi-family development consisting of 312 dwelling units in the C-G district. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CPAM, AZ and CUP 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 July 7, 2016. At the public hearing, the Commission moved to recommend approval of the subject CPAM, AZ and CUP requests. a. Summary of Commission Public Hearing: i. In favor: Jim Conger (Applicant) ii. In opposition: Donna McDonald, iii. Commenting: Gary Glenn, Jerrod Jenkins iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 2 i. Traffic on Overland Road ii. Access to Overland Road c. Key Issues of Discussion by Commission: i. Design of the apartment ii. Access to Overland Road iii. Amenities provided with the development iv. Appropriateness of this property as part of the large Mixed Use designation d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard these items on August 16, 2016. At the public hearing, the Council approved the subject AZ and PP request. a. Summary of City Council Public Hearing: i. In favor: Jim Conger (Applicant) ii. In opposition: None iii. Commenting: Lee Colson iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key Issues of Discussion by Council: i. None c. Key Council Changes to Staff/Commission Recommendation i. None 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-2016-0060, as presented in the staff report for the hearing date of July 7, 2016, 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-2016-0060, as presented during the hearing on July 7, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0060 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 4225 E. Overland Road, in the NE ¼ of Section 21, Township 3N., Range 1E. B. Owner(s): Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 3 William P. Bienapfl Jr. 2674 S. Andros Meridian, ID 83642 C. Applicant: DevCo, LLC 4824 W. Fairview Ave. Meridian, ID 83706 D. Representative: Conger Management Group 4824 W. Fairview Ave Meridian, Idaho 83706 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, annexation and a conditional use permit. 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: June 20 and July 4, 2016 (Commission); July 25 and August 8, 2016 (Council) C. Radius notices mailed to properties within 300 feet on: June 10, 2016 (Commission); July 21, 2016 (Council) D. Applicant posted notice on site(s) on: June 24, 2016 (Commission); August 1, 2016 (Council) VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of rural residential property and agricultural production, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: E. Overland Road and single family homes in Rolling Hills Subdivision, zoned R1 in Ada County 2. East: Commercial property, zoned RUT in Ada County 3. South: Agricultural property, zoned RUT in Ada County 4. West: Commercial property in the Silverstone Business Park, zoned C-G C. History of Previous Actions: None D. Utilities: 1. Public Works: a. Location of sewer: Sanitary sewer mains intended to provide service to the subject site currently exists in E. Overland Road. b. Location of water: Water mains intended to provide service to the subject site currently exist in E. Overland Road. c. Issues or concerns: None Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 4 E. Physical Features: 1. Canals/Ditches Irrigation: The Eight Mile Creek is south of the proposed development and should not impact the development of this property however, there is a smaller drainage ditch that needs to be relocated or tiled with the development of the multi-family project. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: A portion of the site along the Eight Mile Creek is located in the Meridian Floodplain Overlay District. It appears the area proposed for the multi-family project is outside of this area. VII. COMPREHENSIVE PLAN POLICIES AND GOALS LAND USE DESIGNATION (CURRENT): This property is designated Medium Density Residential MDR) on the Comprehensive Plan Future Land Use Map (FLUM). The MDR designation allows smaller lots for residential purposes within City limits. Uses typically include single family homes at densities of 3 to 8 dwelling units per acre. See Exhibit A.2 for current FLUM. LAND USE DESIGNATION (PROPOSED): The applicant proposes to amend the FLUM to change the land use designation on 25.97 acres of land from Medium Density Residential (MDR) to Mixed-Use Regional (MU-R) and 42.18 acres to Medium Density Residential Land Use designation. Mixed-Use Regional: The purpose of the Mixed-Use Regional designation is to provide a mix of employment, retail, and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together, including residential, and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. For example, an employment center should have support retail uses; a retail center should have supporting residential uses as well as supportive neighborhood and community services. The standards for the MU-R designation provide an incentive for larger public and quasi-public uses where they provide a meaningful and appropriate mix to the development. The developments are encouraged to be designed according to the conceptual MU-R plan depicted in Figure 3-5 (Below). Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 5 Medium Density Residential: The purpose of the Medium Density designation is to allow smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of public amenities such as open space, pathways, or land dedicated for public services. TRANSPORTATION: The Master Street Map depicts a future north/south collector road in this area. The construction of this roadway is not proposed with the development of the multi-family development however, the proposed concept plan identifies a future road connection to Overland Road farther to the east. Although the applicant is proposing Overland Road access with the multi- family development, to increase inter-connectivity as envisioned in the Comprehensive Plan, staff recommends that the applicant grant cross access to the properties to the east and south with the development of the multi-family project. Further, the one access point to Overland Road is predicated on ACHD and City Council granting the approval. The transportation system for the MDR portion of the site will be reviewed with a future development application. DESIGN: The design of future structures on this site are 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-R designation. In order for the development to be considered integrated with the adjacent MU-R designated property to the west, the proposed mixed use area (multi-family and future commercial development) should be cohesive in site layout and architectural design of the business park to the west. The proposed concept plan depicts a multi-family development and future commercial property. The multi-family portion of the plan depicts 15 multi-family residential structures, containing a total of 312 dwelling units at a net density of 23.2 units/acre. The proposed density falls within the density range (6 to 40 units/acre) desired in MU-R designated areas. The commercial portion depicts ten (10) buildings, including a portion of which falls within the jurisdiction of the City of Boise’s Area of City Impact. These buildings vary in size from 40,000 s.f. to the smallest pad site of 3,500 s.f. The proposed plan depicts future layout, future connectivity to a public road road and internal connectivity (vehicular and pedestrian) with the multi-family development. In general, staff is supportive of the concept plan however; staff would encourage the applicant align the driveway between the future commercial and multi-family on the east boundary with the drive aisle between buildings D and F. There is not development proposed for the MDR portion of the site, At this time, the applicant is only requesting a land use designation. Staff anticipates more details of how this property will develop with a future development application. 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 multi-family residential development will contribute to the variety of residential uses that currently exist in this area (i.e. low and medium density). Staff is unaware of how affordable” the units will be. Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 6 Provide housing options close to employment and shopping centers.” (3.07.02D) Because of its location in close proximity to the Silverstone Business Park, nearby shopping centers), and major transportation corridors (I-84 and SH-55/Eagle Road), this property is ideal for providing higher density housing options. 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) The proposed multi-family development is located in close proximity to major access thoroughfares (i.e. I-84 and SH-55/Eagle Road) within the City. Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The existing rural residential properties to the north are across a major arterial roadway and should not be impacted by the proposed multi-family development on the south side of Overland Road. 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.5. Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) This property is contiguous to land that has already been annexed into the City. Urban services can be provided to this property upon development. 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 Eagle Road and the I-84/Eagle Road interchange 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. Require landscape street buffers for new development along all entryway corridors.” 2.01.02E) A 35-foot wide landscape buffer is required along E. Overland Road, an arterial street, in accord with the standards listed in UDC 11-3B-7C Landscape Buffers along Streets. Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development.” (3.07.03B) The development of multi-family homes on this site will contribute to the variety of housing types available in this part of the City. Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 7 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 stub street at E. Pewter Falls Street. The proposed access to Overland 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 already exist along E. Overland Road. Portions between the curb and the sidewalk are improved with gravel. With the development of the multi-family project, the applicant should replace the existing gravel with vegetative groundcover in accord with UDC 11-3B-7C. 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 Map Amendment, Annexation and Conditional Use Permit would not unconstitutionally violate private property rights. A neighborhood meeting was held on April 27, 2016 of which 4 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. 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. A letter was received from the West Ada School District stating that the proposed development is predicted to generate approximately 250 school aged children (spread over all grade levels) which West Ada School District claims will have a significant impact on schools in the district most of which are already operating at or over capacity. 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, medical 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 Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 8 adjust the provision of commercial lands in order to gradually broaden economic opportunity throughout the City. The subject property is currently identified as appropriate for Medium-Density Residential uses. However, because the site is located near major transit corridors (I-84 and Eagle Road/SH-55) and commercial and employment uses and services, Staff finds the proposed MU-R 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 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. Eagle Road/SH-55 and I-84) should provide efficient and safe transportation to and from the development. With the development of the multi-family project the applicant will need to construct an access road that connects the proposed multi-family development with E. Pewter Falls Street to facilitate access to a signalized intersection. The proposed development is also within walking and biking distance of many services, employment centers, public transit and public parks. The mixed use standards encourage integrated transportation connections. Additional access for the area, as shown on the concept plan, will be provided when the surrounding properties are developed and reviewed and approved with future development applications. 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 within a couple of miles of Kleiner Park, a 60-acre regional park (Fairview Ave./Eagle Rd.) and Storey Park, a 16+/- acre city park (Franklin Rd/Main St.) 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. Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 9 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. The applicant proposes to change the land use designation on this property to MU-R and develop multi-family residential uses on the site at a gross density of 23.2 units/acre. Under the mixed use standards it is anticipated that future residential development will range in densities between 6 to 40 dwelling units to the acre. Staff believes the proposed change will provide housing opportunities near employment, shopping and medical services in close proximity to major transportation corridors i.e. I-84 and Eagle Road/SH-55). 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 a high- density residential development consisting of 15 buildings with a total of 312 residential units. 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. n. Agriculture The subject amendment will impact areas being used for farming activities. The multi-family development will be constructed on land that was previously used as farm 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 Eagle Road/SH-55 and I-84, major transportation corridors in the City, and is in close proximity to shopping, employment and service uses, staff believes the MU-R and MDR designations and proposed development is appropriate for this property. If the change to the FLUM is approved, the proposed development will contribute to the mix of housing types in this area at a density desired in MU-R 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 Zone (C-G): The purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian Comprehensive Plan. Six (6) Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 10 districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. B. Schedule of Use: Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the proposed C-G zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2B-3 for the C-G zoning district. D. Landscaping Standards (UDC 11-3B): The standards for landscaping contained in UDC 11-3B and 11-4-3-27F apply to development of this site. E. Common Open Space and Site Amenity Requirements: Common open space and site amenities are required to be provided on the site in accord with the requirements listed in11-4-3-27C and 11-4-3- 27D. The standards listed in UDC 11-3G-3 do not apply to development of this site because the property is not in a residential district. F. Structure and Site Design Standards: Development is required to comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. 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 25.97 acres of land from Medium-Density Residential to Mixed Use- Regional. A concept plan for the entire proposed MU-R area was submitted with the subject application. The concept plan depicts a mixed use development consisting of ten (10) commercial buildings ranging in size from 40,000 square feet to 3,500 square feet, access to the future development and various other commercial site improvements and a 312 unit multi-family development. This is a first phase of a much larger development that is slated for a future application submittal (see applicant’s narrative for details). Note: Some of the area still remains within the City of Boise’s Area of City Impact as shown in Exhibit A.3. Prior to submitting an application to the City of Meridian, the applicant reached out to Boise City to determine the likelihood of being able to provide utilities to the 42.18 acres proposed to be included in the Comprehensive Plan Future Land Use Map. (The property to be included in the Comprehensive Plan Future Land Use Map is indicated in a purple box in Exhibit A.2). It was determined that Boise City could not provide utilities for the property in question. In a letter dated January 20, 2016 sent to Cody Riddle, the Current Planning Manager for Boise City, Warren Stewart of the City of Meridian indicated that the area in question was included in Meridian’s Master Planning for Sanitary Sewer and Water Services and that the property is serviceable by the City of Meridian (see Exhibit A.7). Subsequently, Boise’s City Council de-annexed the subject property on April 19, 2016 and a letter was sent to the applicant stating such (see Exhibit A.8). The applicant is now requesting to include this 42.18 acre parcel into the City of Meridian’s Comprehensive Plan Future Land Use Map with the MDR land use designation. For the reasons stated in Section VII above, Staff is in support of the applicant’s request. Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 11 B. Annexation & Zoning (AZ): The applicant requests approval to annex and zone 14.41 acres of land with a C-G zoning district consistent with the proposed FLUM designation of MU-R to develop the multi-family portion of the property. In the application submittal, the applicant did submit a tentative approval letter from Ada County Development Services approving a property boundary in the configuration of the proposed development. Staff recommends that the applicant submit a letter of final approval from Ada County Development Services for the Boundary Line Adjustment and a recorded copy of the Record of Survey, prior to approval of the annexation ordinance by City Council. 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. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. To ensure the site develops as proposed and recommended by staff with this application, staff recommends a DA as a provision of annexation with the provisions included in Exhibit B. C. Conditional Use Permit (CUP): A CUP is requested for a multi-family development in the proposed C-G zoning district as required by UDC Table 11-2A-2. The multi-family residential development is proposed to consist of 312 dwelling units within (15) 3-story structures on 13.51 acres of land. The units will consist of 204 2-bedroom units and 108 1-bedroom units containing 500s.f. and 1,200 s.f. respectively. A 4,389 s.f. clubhouse is proposed that will contain a business center, leasing office, exercise room, and enclosed bike storage with a covered patio. Associated garage (15) and carport structures (25) are also proposed (see site plan in Exhibit A.4). Specific Use Standards: The specific use standards for multi-family developments listed in UDC 11-4-3-27 apply to development of this site as follows: (Staff’s comments in italics) A minimum of 80 square feet (s.f.) of private useable open space is required to be provided for each unit. The patios proposed with the submitted floor plans do not comply with the required 80 s.f. of private open space per unit. At the time of Certificate of Zoning Compliance submittal, the applicant shall revise the floor plans to meet this requirement. Developments with 20 units or more shall provide a property management office, a maintenance storage area, a central mailbox location with provisions for parcel mail that provides safe pedestrian and/or vehicular access and a directory map of the development at an entrance or convenient location for those entering the development. The submitted site plan shows the property management office, maintenance storage area, mailbox location. The site plan submitted with the Certificate of Zoning Compliance application should depict the location of the directory map. At a minimum, 250 s.f. of common open space is required for each unit containing more than 500 s.f. and up to 1,200 s.f. of living area. Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 12 Because all of the proposed units (312) contain between 500 and 1,200 square feet of living area, a minimum of 78,000 s.f. (or 1.79 acres) of common open space is required to be provided. A total of 2.55 acres of passive and active open space is proposed. Common open space is required to be a minimum of 400 s.f. in area with a minimum length and width dimension of 20 feet. The calculations table depicts 111,383 s.f. of common open space is proposed. For multi-family developments with more than one hundred (100) units, the decision making body shall require additional amenities commensurate to the size of the proposed development. Because 312 units are proposed, the Commission should determine if the number of amenities is proportionate to the size of the proposed development each from at least one from each category (i.e. quality of life, open space, recreation). The applicant proposes to provide the following amenities: 1) clubhouse, 2) fitness facility (in the clubhouse), 3) a swimming pool, 4) a children’s play structure, 5) a 50’x 100’ open grassy area, and 6) enclosed bicycle storage (within the clubhouse), with the capability of storing approximately 60 bicycles, and 7) a business center (within the clubhouse) which fall under the quality of life and recreation categories. The applicant has provided seven (7) amenities as detailed above. Staff believes the applicant has provided sufficient amenities for the size of the proposed development. Landscaping is required to comply with UDC 11-4-3-27-F. All street facing elevations shall have landscaping along their foundation as follows: the landscaped area shall be at least 3-feet wide and have an evergreen shrub with a minimum mature height of 24 inches for every 3 linear feet of foundation. The remainder of the area shall be landscaped with ground cover plans. The landscape plan submitted with the Certificate of Zoning Compliance should comply with this requirement for the sides of the structures that face E. Overland Road. 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. Access: The primary entrance for the development is from E. Overland Road. The applicant has also proposed cross-access to the future commercial development to the east and depicts a road to the southwest corner of the apartments that will provide access to an existing stub street (E. Pewter Falls Street) from the Silverstone Campus Subdivision. The Master Street Map depicts a collector street from E. Overland Road through the proposed development. The applicant proposes to move the street farther east, to align with the future commercial. This would also provide access to future residential development to the south with a future development application. ACHD is currently analyzing this request with the applicant’s traffic impact study. At the time of this staff report, staff had not received comments from ACHD on the access points to the proposed development. Staff anticipates ACHD’s comments prior to the Council hearing. With the first phase of development, staff recommends that the applicant construct a southern access from the multi-family development to connect to E. Pewter Falls Street. Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 13 Parking: Off-street vehicle parking is required to be provided on the site in accord with the standards listed in UDC 11-3C-6. For multi-family developments, parking standards are based on the number of bedrooms per unit – 1-bedroom units require 1.5 spaces per unit with at least one of those in a covered carport or garage and 2-bedroom units require 2 spaces per unit with at least one of those in a covered carport or garage. The proposed multi-family development consist of 108 one-bedroom units and 204 two-bedroom units bedroom units. A total of 332 covered spaces and 256 open spaces are proposed. The number of covered and open parking stalls proposed complies with UDC standards. For the clubhouse, a minimum of one space per 500 square feet of gross floor area is required to be provided in accord with the standards listed in UDC 11-3C-6B. Based on 4,389 square feet, a minimum of 9 parking spaces are required to be provided. A minimum of one bicycle parking space for every 25 proposed vehicle spaces or portion thereof is required to be provided on the site per UDC 11-3C-6G in accord with the standards listed in UDC 11-3C-5C. Based on 588 vehicle spaces proposed to be provided on the site, a minimum of 24 bicycle spaces are required. The applicant proposes a total of 190 bicycle parking spaces in bicycle racks dispersed throughout the site in compliance with this requirement. Landscaping: Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-3B-8C as proposed. A 25-foot wide buffer was created with the Silverstone Campus Subdivision on the west boundary. Per the multi-family standards a minimum of a 10- foot wide setback is required along the perimeter of the project which should provide additional buffering for the residential units proposed next to the west boundary. Street buffer landscaping along E. Overland Road is required as set forth in UDC Table 11-2B-3. A 35-foot wide buffer is required along E. Overland Road, an entryway corridor. Landscaping is required to be installed within the street buffer in accord with the standards listed in UDC 11-3B-7C with the first phase of development and prior to issuance of the first Certificate of Occupancy for the site. Sidewalks: A detached sidewalk exists along E. Overland Road however, there is existing gravel in between the existing curb and the sidewalk that must to be removed and the area vegetated with the development of the multi-family project. Fencing: Any fencing proposed to be constructed on the site shall comply with the standards listed in UDC 11-3A-7. A 7-foot tall wrought iron fence is proposed around the swimming pool; no other fencing is proposed. Fencing is not permitted within the required 35 foot landscape buffer along E. Overland Road. The gated entry off of E. Overland Road must be removed. Trash Enclosures: Trash enclosures (and other service functions) are required to be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. Safe access and adequate lighting should be provided in these areas in accord with UDC 11 -3A- 12B. Five trash enclosures are depicted on the site. The number of enclosures, sizes and locations should be approved by Bob Olsen, Republic Services. A detail of the trash enclosures should be submitted with the Certificate of Zoning Compliance application(s). Building Elevations: Building elevations were submitted for the multi-family structures and clubhouse. (see Exhibit A.6). The applicant did not provide elevations of the garages or the carports. Prior to the Commission hearing, the applicant shall submit the elevation of the garages and the carport structures. Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 14 Building materials for the clubhouse consist of fiber cement horizontal lapped siding and Portland cement stucco with architectural laminated fiberglass roof shingles; stone veneer is listed in the notes as a material but is shown in error per the applicant. Building materials for the multi-family structures consist primarily of fiber cement horizontal lapped siding with Portland cement stucco accents and architectural laminated fiberglass roof shingles. Building materials for the garages and storage buildings consist primarily of fiber cement horizontal lapped siding with Portland cement stucco accents on the rear of the structures and asphalt roof shingles. Building materials for the garage/maintenance building consist of Portland cement stucco with asphalt roof shingles. Future structures built on the site are required to comply with the City’s design standards and guidelines in effect at the time of development and obtain design review approval; the proposed elevations are conceptual only and are not approved. Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate of Zoning Compliance application for establishment of the new use and to ensure all site improvements comply with the provisions of the UDC and the conditions in this report prior to application for building permits, in accord with UDC 11-5B-1. Design Review: The applicant is required to submit an application for Design Review concurrent with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and building design is required to be consistent with the elevations and site plan submitted with this application, the conditions of approval noted herein, and the design standards and guidelines in effect at the time of submittal of the application. In summary, Staff recommends approval of the proposed CPAM, AZ and CUP applications with the conditions included in Exhibit B and approval of the proposed AZ 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. Conceptual Area Plan (dated: 1/27/16) 4. Site Plan (dated: 11/18/15) 5. Landscape Plan (dated: 1/29/16) 6. Conceptual Building Elevations (dated: 6/27/15) 7. Letter from Warren Stewart (Meridian) 8. Letter from Cody Riddle (Boise) B. Agency & Department Comments C. Legal Description & Exhibit Map for Annexation & Zoning Boundary D. Required Findings from Unified Development Code 1 - Exhibit A.1: Zoning & Aerial Maps 2 - Exhibit A.2: Existing & Proposed FLUM 3 - Exhibit A.3: Conceptual Area Plan (dated: 1/27/16) Comp Plan Amendment CUP/ Annexation Boise City, Not a Part 4 - Exhibit A.4 CUP Site Plan (dated: 11/18/15) 5 - 6 - Exhibit A.5: Landscape Plan (dated: 1/29/16) 7 - 8 - 9 - Exhibit A.6: Conceptual Building Elevations (dated: 1/27/16) 10 - 11 - 12 - 13 - Exhibit A.7: Letter from Warren Stewart (Meridian) 14 - Exhibit A.8: Letter from Cody Riddle (Boise) 15 - B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS 1. PLANNING DEPARTMENT 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. The existing home and associated outbuildings shall be removed from the site prior to applying for a building permit. b. The record of survey for the reconfiguration of the property boundary shall be recorded with the County prior to approval of the annexation ordinance. c. Future development of this site shall substantially comply with the concept plan, site plan, landscape plan and architectural elevations included in Exhibit A and the conditions contained herein. d. A maximum of 312 residential dwelling units shall be constructed within this development. e. Future development shall comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. f. A 35-foot wide street buffer is required to be constructed along E. Overland Road, an entryway corridor, with the first phase of development and prior to issuance of the first Certificate of Occupancy for the site. Landscaping is required to be installed within the buffer in accord with the standards listed in UDC 11-3B-7C. g. Site amenities shall be provided for this development from each of the amenity categories as follows: a tot lot with a children’s play structure and a pool; a 50’x 100’ open grassy area as an open space amenity; and a fitness facility, enclosed bike storage, conference/business center and clubhouse as quality of life amenities, in accord with the standards listed in 11-4- 3-27D. h. Cross-access shall be granted to the properties to the east and to the south for future inter- connectivity. The recorded cross access agreement shall be submitted with the first certificate of zoning compliance application. i. With the first phase of development for the multi-family, the applicant shall construct a southern access to connect to E. Pewter Falls Street as shown in the attached Exhibit. 1.1.2 The developer shall comply with the specific use standards for multi-family developments listed in UDC 11-4-3-27. 1.1.3 The landscape plan included in Exhibit A.3, dated January 29, 2016, is approved with the conditions contained herein. 1.1.4 The site plan included in Exhibit A.4, dated November 18, 2015, shall be revised as follows: a. The site plan submitted with the Certificate of Zoning Compliance application should depict the location of the directory map. 16 - b. Parking shall comply with the standards listed in UDC 11 -3C-6 for multi-family dwellings and for the clubhouse listed in UDC 11-3C-6B. c. With the first phase, construct an access from the southwest corner of the Silverstone Apartments property to the existing stub street (E. Pewter Falls Street) in the Silverstone Campus Sub. d. Include a detail of the trash enclosures. e. Remove the gate from the E. Overland Road access. f. Remove the fencing from the required 35 foot landscape buffer or relocate to the interior edge of the street buffer. g. The cross access drive on the east boundary of the multi-family development shall shift to the south and align with the drive aisle between building D and F. 1.1.5 Submit a detail of the proposed children’s play equipment for the tot lot with the certificate of zoning compliance application. 1.1.6 All fencing shall comply with the standards listed in UDC 11-3A-7. 1.1.7 The submitted floorplans do not provide the required 80 square feet of private open space per unit. With the CZC submittal, the applicant shall submit floorplans that meet the requirements as set forth in UDC 11-4-3-27. 1.1.8 The applicant is required to obtain approval of a Certificate of Zoning Compliance application for establishment of the new use and to ensure all site improvements comply with the provisions of the UDC and the conditions in this report prior to application for building permits, in accord with UDC 11-5B-1. 1.1.9 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, the conditions of approval noted herein, and comply with the design standards and guidelines in effect at the time of submittal of the application. 1.1.10 The applicant shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features, per UDC 11-4-3-27G. A copy of the document(s) shall be submitted with the first Certification of Zoning Compliance application. 1.1.11 Prior to the Commission hearing, the applicant shall submit the elevation of the garages and the carport structures. 1.1.12 Landscaping is required to be provided along the foundation of all street facing elevations in accord with the standards in UDC 11-4-3-27-F. 1.1.13 The applicant shall obtain a Council waiver for the access to Overland Road in accord with UDC 11-3A-3. 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. 17 - 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. The existing gravel in between the existing curb and the sidewalk that must to be removed and the area vegetated with the development of the multi-family project. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3B-5I, 11-3B-8C, and Chapter 3 Article C. 1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C (streets). 1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.10 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.11 Provide bicycle parking spaces as proposed on the site plan. 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 Architectural 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. 18 - 1.4.3 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design Review application from the Planning Division, prior to submittal of any building permit application. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 A portion of this project lies within the Meridian Floodplain Overlay District. Prior to any development occurring in the Overlay District, a floodplain permit application, including hydraulic and hydrologic analysis is required to be completed and submitted to the City and approved by the Floodplain Administrator per MCC 10-6. 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 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.1.3 Provide a water main stub to the southern project boundary in the newly required stub street. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28(c) 1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association ditch owners), with written approval or non-approval submitted to the Public Works Department. 19 - If lateral users association approval can’t be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at 208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro- paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-1-4(b). 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 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 20 - the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.22 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 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 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 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 4.5 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.6 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13’6 as set forth in International Fire Code Section 503.2.1. 4.7 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. The cost of this installation is to be borne by the developer. (National Fire Protection Std 1141 Section 5.2.11.1) 21 - 4.8 Maintain a separation of 5’ from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. 4.9 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 4.10 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in International Fire Code Section 505.1. 4.11 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. 4.12 All portions of the buildings located on this project must be within 150’ of a paved surface as measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1. 4.13 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. 4.14 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. 4.15 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets. IFC 102.9 4.16 Buildings over 30’ in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. 4.17 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141, Section A5.2.18. 5. REPUBLIC SERVICES 5.1 Republic Services has requested details of the trash enclosures. Please coordinate with Bob Olson, Republic Services (208-345-1265 or rolson@republicservices.com) and obtain approval of the trash enclosure prior to submittal of the Certificate of Zoning Compliance application. 6. PARKS DEPARTMENT 6.1 The Parks Department has no comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT At the time of the Commission hearing, staff had not yet received a staff report from ACHD regarding this application. 22 - Exhibit C: Legal Description & Exhibit Map for Annexation & Zoning Boundary 23 - 24 - 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 - Regional uses will be compatible with existing and future residential and 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 if the applicant complies with the conditions in Exhibit B. 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 multi-family development 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. 2. ANNEXATION & ZONING 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 annexation, the 25 - Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; Council finds that the proposed map amendment to C-G is consistent with the proposed MU- R FLUM designation for this site and should be compatible with existing and future uses in the area. Therefore, Council finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that the proposed map amendment to the C-G zoning district is consistent with the purpose statements of the residential districts as detailed in Section VIII above. 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 detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. Council considered all oral or written testimony that was provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, 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). Council finds the proposed annexation of this property is in the best interest of the City if the applicant develops the site in accord with the conditions listed in Exhibit B and enters into a development agreement. 3. CONDITIONAL USE PERMIT: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Council finds that the site is large enough to accommodate the proposed use and meet the dimensional and development regulations of the C-G zoning district and the specific use standards for multi-family developments. b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Council finds that the proposed multi-family residential use in the C-G 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 26 - 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 multi- family use will be compatible with existing residential and future commercial uses in the vicinity and with the existing and intended character of the area and will not adversely change the character of the area. Council considered all public testimony that was 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. 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 referenced all public testimony that was presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which Council is unaware. E Pewter Falls 5# EXHIBIT C D4W SILVERSTONE APARTMENTS MERIDIAN, IDAHO - 2016 -5-