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Brickyard Sub - CUP, MDA, PP H-2017-0107 FFCLCITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0107 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Modification to the Development Agreement to Accommodate the Proposed Development Plan; Conditional Use Permit for a Multi-Family Development Consisting of 215 Dwelling Units on 13.06 Acres of Land in the C-G Zoning District; and Preliminary Plat for 61 Building Lots and 4 Common Lots on 14.27 Acres of Land in the C-G Zoning District for Brickyard Subdivision, by John Carpenter. Case No(s). H-2017-0107 For the City Council Hearing Date of: October 3, 2017 (Findings on October 10, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 3, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 3, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 3, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 3, 2017, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0107 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of October 3, 2017, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for a modification to the development agreement, conditional use permit and preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of October 3, 2017, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer’s signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two (2) year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1, the Director may authorize a single extension of the time to commence the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0107 - 3 - use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-5B-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of October 3, 2017 By action of the City Council at its regular meeting held on the day of 6Cy&1— 2017. COUNCIL PRESIDENT KEITH BIRD VOTED /C -Gr COUNCIL VICE PRESIDENT JOE BORTON VOTED /a COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED \/64 COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Attest: City Clerk Copy served -upon Applicant, Community Development Department; Public Works Department and City Attorney. By: Dated: ��y���� 1 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0107 - 4 - EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 1 STAFF REPORT HEARING DATE: October 3, 2017 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Brickyard Subdivision – CUP, PP, MDA (H-2017-0107) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, John Carpenter, has submitted an application for modification to the existing development agreement (MDA) to accommodate the proposed development plan; conditional use permit (CUP) for a multi-family development consisting of 215 dwelling units on 13.06 acres of land in the C-G zoning district; and preliminary plat (PP) consisting of 61 building lots and 4 common lots on 14.27 acres of land in the C-G zoning district. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA, CUP and PP applications based on the Findings of Fact and Conclusions of Law in Exhibit C of this report. The MDA does not require action from the Planning & Zoning Commission, only City Council. The Meridian Planning & Zoning Commission heard these items on September 7, 2017. At the public hearing, the Commission moved to recommend approval of the subject CUP, PP and MDA requests. a. Summary of Commission Public Hearing: i. In favor: Jonathan Seel, James Doolin ii. In opposition: None iii. Commenting: Irene Shrier iv. Written testimony: James Doolin, Applicant’s Representative v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Concern regarding traffic impact on Ustick & Eagle Roads; desire for traffic calming for the driveway along the west boundary of the site; and effect of proposed development on property values. c. Key Issues of Discussion by Commission: i. The phasing of amenities for the development; ii. The adequacy of parking for the commercial uses associated with the vertically integrated residential units; d. Commission Change(s) to Staff Recommendation: i. At the request of the applicant, the 5-foot tall metal view fence depicted on the landscape plan along the east boundary of the site is proposed to be changed to a 6-foot tall vinyl privacy fence (see condition #1.2.2e). ii. At the request of the applicant, the splash pad, plastic contour benches and public art should be removed as proposed amenities as they were not intended to be included as amenities in the final plans (see modification to condition #1.2.4 and Exhibit A.6). EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 2 iii. Include a condition that requires speed bumps to be constructed within the driveway along the west property boundary for traffic calming (see condition #1.2.1d in Exhibit B). iv. Modify condition #1.2.4 in Exhibit B to allow the swimming pool, clubhouse, shelter and playground to be constructed with Phases 1 and 2 prior to issuance of any Certificate of Occupancies within the development. e. Outstanding Issue(s) for City Council: i. The Applicants requests Council approval of a waiver to UDC 11-3A-3 for the proposed accesses via the collector street (i.e. N. Centrepoint Way). The Meridian City Council heard these items on October 3, 2017. At the public hearing, the Council approved the subject MDA, CUP and PP requests. a. Summary of City Council Public Hearing: i. In favor: Jonathan Seel, Applicant’s Representative; James Doolin, Applicant ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: Kyle Radek b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. The Council very much liked the proposed development. d. Key Council Changes to Staff/Commission Recommendation i. Council granted the waiver request to UDC 11-3A-3 for the access proposed via the collector street (i.e. Centrepoint Way) (see condition #1.1.4). ii. At the request of Public Works’ staff, the applicant agreed and Council subsequently required the developer to connect the southeast portion of their water system to the existing main to the south (see condition #2.1.2). III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017-0107, as presented in the staff report for the hearing date of October 3, 2017, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0107, as presented during the hearing on October 3, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0107 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located approximately 1/3 of a mile north of E. Ustick Road and west of N. Eagle Road at 3611 N. Centrepoint Way, in the SE ¼ of Section 32, Township 4 North, Range 1 East. EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 3 B. Applicant: John Carpenter, T-O Engineers 332 N. Broadmore Way, Ste. 101 Nampa, ID 83687 C. Owner: Jeff W. Moore PO Box 8204 Boise, ID D. Representative: Same as Applicant E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a conditional use permit, preliminary plat and a development agreement modification. A public hearing is required before the Planning & Zoning Commission and City Council on the preliminary plat and conditional use permit; and a public hearing is required only before the City Council on the development agreement modification, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: August 18, 2017 (Commission); September 15, 2017 (City Council) C. Radius notices mailed to properties within 300 feet on: August 10, 2017 (Commission); September 8, 2017 (City Council) D. Applicant posted notice on site(s) on: August 25, 2017 (Commission); September 22, 2017 (City Council) VI. LAND USE A. Existing Land Use(s): The site consists of 12 lots (Lots 9-11, Block 1 and Lots 16, 19-26, Block 2) in Centrepoint Subdivision No. 2, zoned C-G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Rural residential properties, zoned RUT in Ada County South: Commercial properties, zoned C-G East: Vacant/undeveloped property and an office, zoned RUT in Ada County West: Single-family residential properties, zoned R-8 C. History of Previous Actions:  This property was annexed (AZ-03-025, Blue Marlin) in 2003 and zoned C-G; a development agreement was required as a provision of annexation, recorded as Instrument No. 105048793.  A modification to the development agreement (MI-05-017, Nesmith Annexation) was approved in 2005, recorded as Instrument No. 106060856, to add 1.5 acres of property to the provisions of the development agreement and reduce the landscape buffer along the west property boundary adjacent to the residential uses in Champion Park Subdivision to 10 feet.  A preliminary plat (PP-06-063) for CentrePoint North Subdivision was approved in 2007. EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 4  A final plat (FP-07-011) for Phase 2 of the development which includes the subject property was approved in 2007 and recorded in 2016 (Book 110, Page 15889).  A new development agreement (Blue Marlin, MI-06-008) was approved in 2006, recorded as Instrument No. 106191305, which replaced the two earlier agreements (#105048793 and #106060856). This agreement removed the requirement for a conditional use permit/planned development to be submitted and included a conceptual development plan for the site. The Kohl’s parcel (#S0532449210) was excluded from this agreement and is still subject to the two aforementioned agreements.  A modification to the development agreement (Inst. #106191305) (MDA-12-007) was approved in 2012, recorded as Instrument No. 114002255, which amended the conceptual development plan and associated provisions of the agreement to allow the development of multi-family residential uses within CentrePoint Subdivision which was previously prohibited; “commercial/multi-family” was depicted on the concept plan as future uses for the subject property.  A modification to the development agreement (Inst. #106191305 & 114002255) was approved in 2016 to allow the development of a self-service storage facility with outdoor storage on the portion of this site that lies west of N. CentrePoint Way (H-2016-0057, Instrument No. 2016-079095). A conditional use permit (H-2016-0069) was also approved for a self-service storage (CentrePoint Storage) facility on that site.  A property boundary adjustment (A-2017-0133) for CentrePoint Subdivision No. 2 was tentatively approved on August 15, 2017 which adjusted the property lines between Lots 16 and 17, 18 and 19, and 18 and 26, Block 2. Final approval is required to be obtained within one year of the date of tentative approval. C. Utilities: 1. Location of sewer: The city currently owns and maintains sewer mains directly adjacent to the proposed development in N. Centerpointe Way. 2. Location of water: The city currently owns and maintains water mains directly adjacent to the proposed development in N. Centerpointe Way. 3. Issues or concerns: The applicant shall be responsible for the installation of additional water and sewer mains and services to the project. D. Physical Features: 1. Canals/Ditches Irrigation: There are no open waterways on this site. 2. Hazards: Staff is not aware of any hazards that exist on this site. 3. Flood Plain: This site does not lie within the floodplain overlay district. VII. COMPREHENSIVE PLAN This property is designated Mixed Use – Regional on the Comprehensive Plan Future Land Use Map. The purpose of this designation is to provide a mix of employment, retail, and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together, including residential, and to avoid predominately 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. Mixed use developments are encouraged to be designed according to the conceptual MU-R plan depicted on page 30 of the Comprehensive Plan as shown below. EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 5 The applicant proposes to development multi-family 4-plexes on the site containing a total of 215 dwelling units in townhome configurations; and 32 vertically integrated residential units with a total of 7,300 square feet of commercial space on the ground floor in two (2) 3-story buildings. The multi-family portion of the development requires conditional use permit approval in the C-G zoning district, the vertically integrated residential use does not. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics):  “Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi- family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development.” (3.07.03B) The proposed multi-family residential development will contribute to the variety of housing types available within this part of the City and will offer rental options for 3 bedroom units.  “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 3 bedroom units will contribute to the variety of residential housing options within the City; staff is unaware how “affordable” the units will be.  “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.6.  “Provide housing options close to employment and shopping centers.” (3.07.02D) This site is located in close proximity to the stores in CentrePoint Subdivision, The Village and Crossroads as well as major employment areas to the south (i.e. Blue Cross, Scentsy, PKG, St. Luke’s hospital and medical offices, etc.). The proposed housing development will provided much needed density in this area and housing options for employees in close proximity to their work place.  “Require open space areas within all development.” (6.01.01A) The proposed development is required to comply with the minimum common open space design standards listed in 11-4-3-27C for multi-family developments. EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 6  “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City sewer and water services are available to be extended to the subject property with development of the site.  “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) The proposed site plan depicts 3 accesses on each side of N. CentrePoint Way, a collector street. Because the UDC (11-3A-3) limits access points to collector streets unless otherwise waived by City Council, Council approval of the proposed accesses is required.  “Locate high-density development, where possible, near open space corridors or other permanent major open space and park facilities, Old Town, and near major access thoroughfares.” (3.07.02, pg. 55) The proposed development is located near major access thoroughfares (SH 55/N. Eagle Rd./E. Fairview Ave.) and within a mile of Kleiner Park (a 60-acre City park).  “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) Staff feels the proposed 4-plex development should be a compatible use adjacent to single-family residential uses to the west and rural residential uses to the north as they are all residential in nature.  “Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system.” (3.03.03B) A pathway stub currently exists at the west boundary of the site from Champion Park Subdivision, which will link the existing and proposed developments together. In accord with the above policies and for the above-stated reasons, staff believes the proposed use is appropriate in this location. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: Per UDC 11-2B-1, the purpose of the commercial districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Six 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. Allowed uses in the C-G district consist of the largest scale and broadest mix of retail, office, service and light industrial uses and are typically located in close proximity and/or with access to interstate or arterial intersections. B. Schedule of Use: Unified Development Code (UDC) Table 11-2B-2 lists the permitted, accessory, conditional, and prohibited uses in the C-G zoning district. A multi-family development is listed as a conditional use; retail stores and vertically integrated residential projects are listed as a permitted use in the C-G district. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district apply to development of this site. D. Landscaping: Street buffer, parking lot and buffers to adjoining residential uses are required to be installed in accordance with the standards listed in UDC Table 11-2B-3, UDC 11-3B-7C, 11-3B-8C and 11-3B-9C for the C-G zoning district. EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 7 E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for multi-family dwellings & vertically integrated residential uses. F. Structure and Site Design Standards: Development of this site must comply with the design standards in accord with UDC 11-3A-19 and the standards listed in the Architectural Standards Manual. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. DEVELOPMENT AGREEMENT MODIFICATION (MDA): The applicant proposes to modify the existing developments (Instrument #106191305,114002255 and 2016-079095) to change the development plan on the west side of CentrePoint Way from a self-service storage facility to a multi- family development; and the east side of CentrePoint Way from multi-family and commercial/retail to multi-family and vertically integrated residential. The proposed conceptual development plan consists of a total of 247 dwelling units with 215 units in 2 and 3-story four-plex townhome configurations and 32 dwelling units above and behind commercial spaces totaling 7,300+/- square feet in two (2) vertically integrated structures (see Exhibit A.2 for existing and proposed concept development plans). The applicant also proposes to amend the DA to include changes to the text of the agreement as noted in Exhibit A.3. Staff has also included recommendations for modifications to the applicant’s request as well as new provisions based on the proposed development plan. Please see Exhibit A.3 for more information. 2. PRELIMINARY PLAT (PP): A preliminary plat is proposed consisting of 61 building lots and 4 common lots on 14.27 acres of land in the C-G zoning district for Brickyard Subdivision (see Exhibit A.5). This is a re-subdivision of Lots 9-11, Block 1 and Lots 16, 19-26, Block 2, Centrepoint Subdivision No. 2. A property boundary adjustment (A-2017-0133) was recently tentatively approved (subject to final approval) that created the boundary configuration of the subject property. Prior to submittal of the first final plat application, the PBA approval should be finalized. Phasing: The plat is proposed to develop in four separate phases, beginning at the north end of the site on the east side of N. Centrepoint Way; the majority of the site amenities are proposed to be constructed in Phase 4, the last phase (see phasing plan in Exhibit A.5). Because the dog park and two shelters are the only amenities proposed in the first three phases of development, Staff recommends the amenities proposed on Lot 1C, Block 2 consisting of a swimming pool, splash pad, community center, shelter and playground are constructed with the first phase of development. Dimensional Standards: The proposed plat is required to comply with the dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district. There is no minimum lot size or street frontage requirements but there is a maximum building height allowed of 65 feet. Access/Traffic: Access to streets should comply with the standards listed in UDC 11-3A-3. Access to collector and arterial streets is limited unless otherwise approved by City Council. This site abuts a private driveway along the south boundary of the site and N. Centrepoint Way bisects this site north/south; access via a local street is not available. Three private driveway accesses via N. Centrepoint Way, a collector street, are proposed on each side of the street – one of those is for access to the parking lot at the central common area on Lot 1C, Block 2, the others are for access to the residential units; City Council approval of the proposed accesses is required. Two driveway accesses are also proposed via the east/west private drive that connects to Eagle Road. There EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 8 are no existing stub streets to this property from adjacent properties that require extension nor are any proposed. A Traffic Impact Study (TIS) was submitted to ACHD for this project. A staff report has not yet been received from ACHD. Landscaping: Street buffers are required as set forth in UDC Table 11-2B-3 for the C-G district and landscaped in accord with the standards listed in UDC 11-3B-7C. A 20-foot wide street buffer is required to be provided along either side of N. Centrepoint Way, a collector street; a buffer is proposed as required with a 4-foot tall berm with a mix of evergreen and deciduous trees. A 10-foot wide street buffer is required to be provided along the north boundary of the site adjacent to Jasmine Lane, a private street, per the development agreement (Inst. #2016-079095). Per UDC 11-3B-7C.2, all residential buffers are required to be on a common lot, maintained by a homeowner’s association and shall be planted in accord with the standards listed in UDC 11-3B-7C. There are no existing trees on this site that are being removed that require mitigation. All street buffers are required to be planted with trees and shrubs, lawn, or other vegetative groundcover; a minimum density of one tree per 35 linear feet is required within street buffers. The calculations table shown on the landscape plan should be revised to reflect the linear feet of frontage on N. Centrepoint Way and Jasmine Lane less the width of driveways and the updated tree requirement. Subdivision Design & Improvement Standards: Compliance with the subdivision design and improvements standards listed in UDC 11-6C is required. Staff has reviewed the proposed plat and determined it to be in compliance with these standards. Sidewalks: Sidewalks are required to be provided with development in accord with the standards listed in UDC 11-3A-17. Typically, a 5-foot wide detached sidewalk is required along collector streets; however, because N. Centrepoint Way wasn’t designated as a collector street when the initial development was approved, a 5-foot wide attached sidewalk was allowed to be constructed. Therefore, staff does not recommend the sidewalk is reconstructed to comply with this requirement. Utilities: All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. A sewer & water easement exists across Block 2 as depicted on the Centrepoint Subdivision No. 2 plat. Prior to submittal of the final plat for City Engineer signature on Phase 1, submit a written request for the relinquishment of the easement to the City (Inst. #2016-060153). Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for the development in accord with UDC 11-3A-15 as proposed. Storm Drainage: An adequate storm drainage system is required in all developments; design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A- 18. 3. CONDITIONAL USE PERMIT (CUP): A CUP is proposed for a multi-family development in a C-G zoning district containing a total of 215 dwelling units on 13.06 acres of land. The units are proposed to be configured as 4-plex townhomes (i.e. each unit has an upstairs and downstairs) – 39 of the units are in 2-story structures and 176 of the units are in 3-story structures. Note: Two vertically integrated buildings are also proposed within this development that contain a total of 32 dwelling units and 7,300+/- square feet of commercial area but are not included in the following analysis as the uses are permitted in the C- G district and do not required CUP approval. Analysis of the vertically integrated residential project will take place with the Certificate of Zoning Compliance application. EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 9 Specific Use Standards: The specific use standards for multi-family developments listed in UDC 11-4- 3-27 apply to development of this site as follows: (Staff’s comments in italics)  A minimum of 80 square feet (s.f.) of private useable open space is required to be provided for each unit. The applicant’s narrative states 82 square foot patios are proposed for each unit in compliance with this requirement.  Developments with 20 units or more shall provide a property management office, a maintenance storage area, a central mailbox location with provisions for parcel mail that provides safe pedestrian and/or vehicular access and a directory map of the development at an entrance or convenient location for those entering the development. The site plan depicts cluster mailboxes throughout the development which should include provisions for parcel mail; the property management office is proposed to be located in the community center; and the maintenance storage area will be located in one of the garage units at the east boundary of the site to the east of the vertically integrated buildings. The site plan submitted with the Certificate of Zoning Compliance application should depict the location of the directory map for the development and the other required items.  A minimum of 350 square feet of common open space is required for each unit containing more than 1,200 square feet of living area. All of the proposed units are between 1,450 and 1,750 square feet; therefore, a minimum of 75,250 square feet (or 1.73 acres) of common open space is required for this development. The open space exhibit included in Exhibit A.7 depicts a total of 4.25 acres of common open space in accord with this requirement.  For multi-family developments with 75 units or more, 4 site amenities are required to be provided with at least one from each category listed in UDC 11 -4-3-27D. For developments with more than 100 units, the decision making body shall require additional amenities commensurate to the size of the proposed development. The applicant proposes internal pathways throughout the development; a 20’ x 20’ fabric sail shelter, a 16’ x 20’ dual slope pavilion, a 1,750 square foot fenced dog park, a 2,400 square foot open space/urban plaza for the vertically integrated units, a children’s play structure, a 20’ x 40’ outdoor swimming pool, splash pad, a clubhouse with a covered patio, a 50’ x 100’ grassy open area, a 20-30 yard x 25-35 yard U8 soccer/sports field, picnic tables, and park benches, plastic contour benches and public art. These amenities fall within the quality of life, open space and recreation categories as required and Staff feels they are commensurate for 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 plants. The landscape plan submitted with the Certificate of Zoning Compliance should comply with this requirement for the sides of the structures that face N. Centrepoint Way, Jasmine Lane and the east/west private driveway that lies along the south boundary of the site.  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.  A minimum building setback of 10 feet is required unless a greater setback is otherwise required per UDC 11-4-3-27B.1. All buildings depicted on the site plan comply with this requirement.  All on-site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer and utility vaults shall be located in areas not visible from a public street, or shall be fully screened from view from a public street. The applicant should comply with this EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 10 requirement; if any of these are proposed, they should be included on the landscape plan submitted with the Certificate of Zoning Compliance application. Parking: For multi-family developments, off-street parking is required in accord with the standards listed in UDC Table 11-3C-6, which requires 2 parking spaces per dwelling unit with at least one of those in a covered carport or garage. Based on (215) 3-bedroom units, a minimum of 430 parking spaces are required, 215 of which are required to be covered. A total of 594 parking spaces consisting of 254 garage spaces, 254 driveway spaces and 86 guest spaces are proposed which exceeds the minimum UDC standards by a total of 164 spaces. Two story units are proposed to have 2 car garage and 2 driveway spaces. Note: The afore-noted calculations were provided by the applicant; the calculations on the plat (sheet 1) are not correct and need to be revised. For non-residential uses such as the community center, a minimum of one space is required to be provided for every 500 square feet (s.f.) of gross floor area in accord with the standards listed in UDC 11-3C-6B. Based on 1,600 square feet, a minimum of 3 spaces are required. A total of 8 parking spaces are proposed for the community center/splash pad/playground area in accord with UDC standards. A minimum of one bicycle parking space for every 25 proposed vehicle spaces or portion thereof is required to be provided on the site per UDC 11-3C-6G in accord with the standards listed in UDC 11- 3C-5C. Based on 633 vehicle spaces proposed, a minimum of 26 bicycle spaces are required; a total of 48 spaces are proposed in several bicycle racks dispersed throughout the development in accord with this requirement. Landscaping: Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-3B-8C and will be reviewed with individual Certificate of Zoning Compliance applications. The UDC (11-2B-3) requires a 25-foot wide buffer to residential uses in the C-G district; however, the development agreement (Instrument No. 106060856) allows a 10-foot wide buffer to be provided instead with the stipulation that trash compactors and loading docks not be allowed along the west side of the future buildings. Landscaping is required to be installed within this buffer in accord with the standards listed in UDC 11-3B-9C which require a dense buffer consisting of a mix of evergreen and deciduous trees, shrubs, lawn or other vegetative ground cover that results in a barrier that allows trees to touch at maturity. Fencing: All new fencing is required to comply with the standards listed in UDC 11-3A-7. A 6-foot tall vinyl privacy fence is proposed along the north boundary of the site and shall be located at the back edge of the street buffer along Jasmine Lane. A 56-foot tall metal view vinyl privacy fence is also proposed along the east boundary of the site adjacent to future commercial uses. Trash Enclosure: The design and locations of the trash enclosures are required to be approved by Bob Olson at Republic Services (phone: 208-345-1265; or, email: Olson, Robert rolson@republicservices.com. A stamped approved plan is required to be submitted with the Certificate of Zoning Compliance application for the proposed trash enclosures. Site Amenities: Site amenities are as proposed in Exhibit A.6 and as noted above. The majority of the amenities for this site are proposed on Lot 1C, Block 2 in Phase 4 – the last phase of development. Staff recommends the swimming pool, splash pad, community center, shelter and playground is included in the first phase of development instead; the soccer field and open space may be completed with Phase 4 as proposed. Building Elevations: Two building types in various color schemes are proposed for the 4-plex structures within the development consisting of 3-story units and 3-story with 2-story units on each end as shown in Exhibit A.8. Buildings along the west boundary are proposed to be all 2-story 4-plexes to preserve view corridors of the adjacent development and provide a transition to the 3-story structures. To ensure EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 11 buildings are 2-stories along the west boundary, staff recommends a provision is added to the DA to restrict buildings to 2 stories in that area. The architectural character of the structures shall comply with the standards listed in the City of Meridian Architectural Standards Manual. The elevations submitted with the Certificate of Zoning Compliance application should demonstrate compliance with those standards and should be substantially consistent with the concept elevations submitted with this application. Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate of Zoning Compliance application for establishment of the new use and to ensure all site improvements and structures comply with the provisions of the UDC and the conditions in this report, in accord with UDC 11-5B-1. Design Review: The applicant is required to submit an application for Design Review concurrent with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and building design is required to be generally consistent with the elevations, site plan and landscape plan submitted with this application, the standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual and conditions of approval in Exhibit B. Staff recommends approval of the subject applications with the conditions listed in Exhibit B per the Findings in Exhibit C. X. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Existing & Proposed Conceptual Development Plans Included in Governing Development Agreements 3. Proposed & Recommended Modifications to Development Agreement 4. Site Plan (dated: 7/13/2017) 5. Preliminary Plat & Phasing Plan (dated: 7/13/2017) 6. Landscape Plan (date: 7/13/2017) & Site Amenities 7. Open Space Exhibit (dated: 9/5/2017) 8. Proposed Building Elevations & Floor Plans B. Agency Comments/Conditions of Approval 1. Planning Division 2. Public Works Department 3. Fire Department 4. Police Department 5. Republic Services 6. Ada County Highway District 7. Parks Department C. Required Findings from Unified Development Code EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 12 Exhibit A.1: Vicinity/Zoning Map ÚÚd ÚÚd R-4 R-8 RUT C-G R-8 L-O R-4 R-8 R-2 R1 RUTD/DA R-8 R-8 R-8 R-2 R-15 R1 R-8 RUT R-4 R-4 RUT RUT R1 R1 R-15 C-N C-C R-15RUT RUT C-N RUT R1 R-2 R-8 RUT N E A G L E R D E USTICK RD E JASMINE LN N G R E N A D I E R W A Y N S H A R O N A V E E ARCH DR ETRAILBLAZ E R D R E SPEARFISH DR EHERITAGEPARKLN N L E S L I E WA Y N P A N K R A T Z W A Y E KAMAY DR ESUMMERHEIGHTSDR E RINGNECK ST E WAINWRIGHT DR N W I N G A T E L N E PICARD S T E L O BELIA ST E NAKANO DR N T R O X E L W A Y E VAN OKER ST E BOWMAN ST E PICARDLN EEXPEDITIONDR N D E V L I N W A Y E SUMMERPLACE CT N VE R A D O AV E NSUMMER F I E L D WAY E CHANDLER ST E RACE CT N SUMMERSIDE WAY N D E V L I N A V E N B E T U L A AV E E RACE ST E S UMMERDAWNDR N C H I A N T I WA Y ESUMMERRIDGEDR N H A W K I N S A V E N R E C O R D S A V E E MILFORD ST N S P A N G L E D R E CONNER ST E SUMMER DAWN ST E KAMAYCT E SUMME R D A W N DR N D A S H W O O D PL N C H A N C E R Y P L ELEIGH FIELD DR E C O N K L I N D R E G ARBER DR E SATTERFIELD S T N R O S E P O I N T A V E E SEVILLE LN E TECATE LN E MODELO LN ECOUGARCREEKDR N S U M M E R S I D E L N E SIDEWINDER DR N S U M M E R P A R K A V E N L A N C E R A V E N D U A N E D R E G R A N A D IL L O D R N P E T T Y W A Y N V I L L E R E L N E OMERA ST E WIGLEDR E PARADISELN EFREEDOMLN N C E N T R E P O I N T W A Y N B R O O K S B U R G W A Y N S H A R O N A V E N C A J U N L N N D I X O N A V E N C H E L M S F O R D A V E N S U M M E R C R E S T W A Y N D I X O N A V E N L E S L I E W A Y N LESLIE W A Y ESUMMERCOVEDR N LA N C E R AV E ESUMMERFALLSDR N J U S T I N A V E N LIN W O O D W A Y N B E T U L A A V E N C A M A S C R E E K W A YN P A T R I O T C I R N L A W S O N P L ESWINDELL D R E S T A R L N E STAR LN N L E B L A N C W A Y N RO G U E R I V E R W A Y 4N1E32 4N1E33 3N1E05 3N1E04 North Slough -ENSR Survey Sh avrerLateral Nourse Lateral Milk Lateral SouthSlough Milk Lateral EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 13 Exhibit A.2: Existing & Proposed Conceptual Development Plans Included in Governing Development Agreements Existing Concept Plan included in Development Agreement (Inst. #106191305, MI-06-008): Modified with 1st and 2nd Amendments to Development Agreement (see below) EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 14 Existing Concept Plan & Building Elevation Included in 2nd Amendment to Development Agreement (Inst. #2016-079095, H-2016-0057): Proposed Conceptual Development Plan (dated: August 30, 2017): Self-service storage facility EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 15 Exhibit A.3: Proposed & Recommended Modifications to Development Agreement H-2017-0107 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 16 Staff recommends a pathway IS constructed at the west boundary of this site that connects to the pathway from Champion Park for interconnectivity between developments; modify provision accordingly Strike “sidewalk included” as the sidewalk is depicted on the landscape plan outside of the 10’ landscape buffer Include: “and shall be consistent with the standards in the Architectural Standards Manual”. Include: “and shall be consistent with the standards in the Architectural Standards Manual”. Include: “Multi-family units shall be restricted to 2-stories in height along the west boundary adjacent to Champion Park Subdivision to preserve view corridors of adjacent residents as proposed by the Developer”. Delete provision (Staff recommends a pathway is constructed with this development that connects to the existing pathway in Champion Park Subdivision for interconnectivity between developments as noted above in provision #5.1c.) EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 17 Staff Recommends the Following Additional Provisions are added to the Agreement:  The CC&R’s for the development shall restrict the use of garages within the development to parking for vehicles only to ensure the site has adequate parking for its residents.  Four-foot tall bollard lighting is required along all internal pathways within the multi-family portion of the development.  Include traffic calming textures on internal driveways within the development as proposed to slow traffic.  Provide a crosswalk if allowed by ACHD across Centrepoint Way to provide safe pedestrian access to the common area where the swimming pool and community center is located.  Business hours of operation for commercial uses that abut a residential use or zoning district are restricted from 6:00 am to 11:00 pm unless extended hours are requested and approved through a conditional use permit in accord with UDC 11-2B-3A.4.  Design of all structures shall comply with the standards listed in the Architectural Standards Manual and shall be generally consistent with the conceptual elevations submitted with this application included in Exhibit A.8.  Residential buildings along the west boundary of the multi-family development adjacent to Champion Park Subdivision shall be restricted to 2-stories in height as proposed by the applicant in Exhibit A.8 to preserve view corridors for the adjacent residents in Champion Park Subdivision. EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 18 Exhibit A.4: Site Plan (dated: July 13, 2017) The conventional townhome buildings have the following spaces:  254 garage spaces, based on the following: o 39 units with 2-car garages o 176 units with 1-car garages  254 driveway parking spaces, based on the following: o 39 units with 2-car driveway spaces o 176 units with 1-car driveway spaces  86 guest parking spaces  TOTAL PARKING SPACES IN TOWNHOME PORTION OF THE DEVELOPMENT – 594 SPACES provided, 430 required The Clubhouse has the following spaces:  7 guest parking spaces  1 handicap parking space  TOTAL PARKING SPACES FOR THE CLUBHOUSE – 8 SPACES, 4+ required EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 19 Exhibit A.5: Preliminary Plat & Phasing Plan (dated: 7/13/2017) EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 20 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 21 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 22 Exhibit A.6: Landscape Plan (dated: 7/13/2017) & Site Amenities EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 23 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 24 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 25 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 26 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 27 Exhibit A.7: Open Space Exhibit (dated: 9/5/2017) EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 28 Exhibit A.8: Proposed Building Elevations & Floor Plans EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 29 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 30 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 31 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 32 Buildings restricted to 2-stories EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 33 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 34 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 35 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 36 Clubhouse: EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 37 EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 38 Garages: EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 39 B. Agency Comments/Conditions 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval – Preliminary Plat 1.1.1 Development of the site shall substantially comply with the preliminary plat, site plan and building elevations included in Exhibit A, the design standards listed in UDC 11-3A-19 and in the Architectural Standards Manual, and the conditions in this report. 1.1.2 The preliminary plat included in Exhibit A.5, dated July 13, 2017, shall be revised as follows: a. The 20-foot wide street buffer along N. Centrepoint Way, a collector street, and the 10-foot wide street buffer along Jasmine Lane, a private street, is required to be placed in separate common lots or on permanent dedicated buffers depicted on the plat, per UDC 11-3B-7C.2. 1.1.3 The landscape plan included in Exhibit A.5, dated July 13, 2017, shall be revised as follows: a. Revise the calculations table shown on the landscape plan to reflect the linear feet of frontage along N. Centrepoint Way and Jasmine Lane less the width of driveways and the updated tree requirement based on the standards listed in UDC 11-3B-7C. Additional trees are required within the street buffers to comply with UDC 11-3B-7C. b. The 6-foot tall vinyl privacy fence proposed along the north boundary of the site adjacent to Jasmine Lane shall be depicted at the back edge of the street buffer. 1.1.4 City Council approval (or partial approval) of the proposed accesses via N. Centrepoint Way, a collector street, is required. The City Council granted a waiver to UDC 11-3A-3 for all of the proposed accesses. 1.1.5 Prior to submittal of the final plat for City Engineer signature on Phase 1, submit a written request to the City for relinquishment of the sewer and water easement (Inst. #2016-060153). 1.1.6 The applicant shall obtain final approval of the property boundary adjustment application (A-2017-0133) from the Planning Division prior to submittal of the first final plat application. 1.2 Site Specific Conditions of Approval – Conditional Use Permit 1.2.1 The site plan included in Exhibit A.4, dated July 13, 2017, shall be revised as follows: a. Depict the property management office, maintenance storage area, central mailbox locations (including provisions for parcel mail) that provide safe pedestrian and/or vehicle access, and a directory and map of the development at an entrance or convenient location for those entering the development in accord with UDC 11-4-3-27B.7. b. Include a parking calculations table consistent with the requirements listed in UDC 11-3C-6 and with what is proposed for the proposed garage, driveway and guest spaces. The calculations shown on the plan do not match the calculations provided by the applicant. c. Depict a pathway connection at the west boundary of the site to the pathway stub in Champion Park Subdivision. d. Depict speed bumps within the driveway along the west property boundary for traffic calming. 1.2.2 The landscape plan included in Exhibit A.5, dated July 13, 2017, shall be revised as follows: a. All street facing elevations along N. Centrepoint Way, Jasmine Lane and the east/west private driveway that exists along the southern boundary of the site shall have a landscaped area at least 3-feet wide that is landscaped with an evergreen shrub every 3 linear feet of foundation with a minimum mature height of 24 inches per UDC 11-4-3-27E. EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 40 b. All on-site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer and utility vaults shall be depicted on the plan and be located in areas not visible from a public street, or shall be fully screened from view from a public street. c. Landscaping is required to be installed within the 10-foot wide buffer to residential uses along the west boundary of the site in accord with the standards listed in UDC 11-3B-9C. d. Depict a pathway connection at the west boundary of the site to the pathway stub in Champion Park Subdivision and landscaping in accord with the standards listed in UDC 11-3B-12C. e. Replace the 5-foot tall metal view fencing depicted along the east boundary of the site with 6-foot tall vinyl privacy fencing. 1.2.3 Provide a minimum of 4.25 acres of common open space for the development in accord with the open space exhibit included in Exhibit A.7 and UDC 11-4-3-27C. 1.2.4 Provide site amenities as proposed in Exhibit A.6 in accord with UDC 11 -4-3-27D. The site amenities proposed on Lot 1C, Block 2 that consist of a swimming pool, community center, splash pad, shelter and playground shall be constructed with the first and second phases of development prior to any Certificate of Occupancies being issued for the development; the adjacent soccer field and open space may be constructed with Phase 4 as proposed. 1.2.5 All on-site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from a public street. 1.2.6 Trash compactors and loading docks shall not be allowed along the west side of the future buildings along the west boundary of the site adjacent to single-family residential uses in Champion Park Subdivision per the development agreement (Inst. #106060856). 1.2.7 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. 1.2.8 The design and locations of the trash enclosures are required to be approved by Bob Olson at Republic Services (phone: 208-345-1265; or, email: Olson, Robert rolson@republicservices.com. A stamped approved plan is required to be submitted with the Certificate of Zoning Compliance application for the proposed trash enclosures. 1.3 General Conditions of Approval 1.3.1 Comply with all bulk, use, and development standards of the C-G zoning district listed in UDC Chapter 2 District regulations. 1.3.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.3.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. 1.3.4 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. 1.3.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.3.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.3.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3B-5I, 11-3B- 8C, and Chapter 3 Article C. EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 41 1.3.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-7C (streets). 1.3.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-11C. 1.3.10 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. 1.3.11 Provide bicycle parking spaces as set forth in UDC 11-3C-6G consistent with the design standards as set forth in UDC 11-3C-5C. 1.3.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 1.3.13 Construct all required landscape areas used for storm water integration consistent with the standards as set forth in UDC 11-3B-11C. 1.3.14 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 Standards Manual. 1.3.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3.16 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 1.3.17 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. 1.3.18 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval. Applicant shall also include the location of any existing street lights in the development plan set. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 1.4 Ongoing Conditions of Approval 1.4.1 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. 1.4.2 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.5 Process Conditions of Approval 1.5.1 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. 1.5.2 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design Review application for all future structures proposed on the site from the Planning Division, prior to submittal of any building permit applications. 1.5.3 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11- 5C-3C. 1.5.4 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years of the approval of this combined preliminary/final plat; or 2) gain approval of a time extension as set forth in UDC 11-6B-7. EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 42 1.5.5 The applicant shall obtain the City Engineer's signature on a final plat within two years of the approval of this combined preliminary/final plat as set forth in UDC 11-6B-7A. 1.5.6 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.5.7 The property owner shall sign the amended development agreement and return such to the City within 6 months of the Council granting this development agreement modification request as set forth in UDC 11- 5B-3D2. 1.5.8 The applicant shall pay any applicable impact fees prior to the issuance of a building permit. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 The water main in "Street B" needs to be connected to the water main in Centerpoint to avoid a dead end. Water main easement needs to be extended to property line at NE corner so water main in "Street A" can be connected to east in future. 2.1.2 The developer shall connect the southeast portion of the water system to the existing main in the private drive along the south boundary of the site to the south, as discussed at the City Council meeting and agreed upon by the applicant. This main shall be routed through the parking area in the southeast corner of the project. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub- grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 43 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898- 5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 44 2.2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. FIRE DEPARTMENT 3.1 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 3.2 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 3.3 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 3.4 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project which serves more than 30 homes, as set forth in International Fire Code Section D107.1. The two entrances should be separated by no less than ½ the diagonal measurement of the full development as set forth in International Fire Code Section D104.3. The applicant shall provide a stub street to the property to the (west/east/north/south). 3.5 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. 3.6 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. 3.7 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. 3.8 There shall be a fire hydrant within 100’ of all fire department connections as set forth in local amendment to the International Fire Code 10-4-2L. 3.9 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets. IFC 102.9. 3.10 Buildings over 30’ in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. 3.11 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. 3.12 As set forth in International Fire Code Section 504.1, multi-family and commercial projects shall be required to provide an additional sixty inches (60”) wide access point to the building from the fire lane to allow for EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 45 the movement of manual fire suppression equipment and gurney operations. The unobstructed breaks in the parking stalls shall be provided so that building access is provided in such a manner that the most remote part of a building can be reached with a length of 150' fire hose as measured around the perimeter of the building from the fire lane. Code compliant handicap parking stalls may be included to assist meeting this requirement. Contact the Meridian Fire Department for details. 4. POLICE DEPARTMENT 4.1 The Police Department has no comment on this application. 5. PARKS DEPARTMENT 5.1 The Park’s Department has no comment on this application. 6. ADA COUNTY HIGHWAY DISTRICT 6.1 Site Specific Conditions of Approval 6.1.1 Replace any broken or deteriorated segments of curb, gutter, or sidewalk on Centerpoint Way abutting the site. 6.1.2 Parking is restricted on both sides of Centerpoint Way. Install “NO PARKING” signs on both sides of the roadway. 6.1.3 Construct 6 driveways onto the east and west sides of Centerpoint Way located 140, 360, and 570-feet north of the existing private drive aisle abutting the site’s south property line. 6.1.4 Construct the 6 driveways as curb return type driveways with 15-foot curb radii abutting the existing roadway edge. Pave the driveways their full width a minimum of 30-feet into the site beyond the edge of Centerpoint Way adjacent to the site. 6.1.5 Install a sign at the terminus of the stub street to the north, Centerpoint Way, stating that, “THIS IS A DESIGNATED COLLECTOR ROADWAY. THIS STREET WILL BE EXTENDED AND WIDENDED IN THE FUTURE.” 6.1.6 Payment of impacts fees are due prior to issuance of a building permit. 6.1.7 Comply with all Standard Conditions of Approval. 6.2 Standard Conditions of Approval 6.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right -of-way (including all easements). 6.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 6.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non- compliant pedestrian improvements abutting the site to meet current Americans with Di sabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 6.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 6.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 46 6.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 6.2.7 It is the responsibility of the applicant to verify all existing utilities within the right -of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 6.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 6.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 6.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 6.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. EXHIBIT A Brickyard Sub – CUP, PP, MDA (H-2017-0107) PAGE 47 C. Required Findings from Unified Development Code 1. PRELIMINARY PLAT: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the developer at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; The City Council has determined that there is public financial capability of supporting services for the proposed development based on comments provided from the public service providers (i.e., Police, Fire, ACHD, etc.). (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds there is not any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. f. The development preserves significant natural, scenic or historic features. The City Council is unaware of any significant natural, scenic or historic features that exist on this site. 2. CONDITIONAL USE PERMIT (UDC 11-5B-6E) The Commission and Council shall base its determination on the Conditional Use Permit request upon the following: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds that the subject property is large enough to accommodate the proposed use and the dimensional & development regulations of the C-G district (see Analysis Section IX for more information). EXHIBIT A b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed use is consistent and harmonious with the UDC and Comprehensive Plan Future Land Use Map designation of Commercial for this site. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds that if the applicant complies with the conditions outlined in this report, the proposed use should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The City Council finds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently available to the subject property. The City Council finds that the proposed use will be served adequately by all of the public facilities and services listed above. 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. If approved, the applicant will be financing any improvements required for development. The City Council finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community’s economic welfare. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The City Council finds the proposed use will not be detrimental to any persons, property or the general welfare of the area. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The City Council finds that there should not be any health, safety or environmental problems associated with the proposed use. Further, the City Council finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance.