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PZ - Staff ReportSTAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT HEARING January 16, 2020 DATE: TO: Planning & Zoning Commission FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0122 Ascent Subdivision LOCATION: North side of W. Franklin Rd., east of N. Black Cat Rd. in the SW '/o of Section 10, Township 3N., Range IW. I. PROJECT DESCRIPTION Annexation of 5.25 acres of land with an R-15 zoning district; Preliminary Plat consisting of 9 building lots and 5 common lots on 4.97 acres of land in the R-15 zoning district; and, Conditional Use Permit (CUP) for a multi -family development consisting of 72 dwelling units on 4.97 acres of land in an R-15 zoning district. II. SUMMARY OF REPORT A. Project Summary Acreage Future Land Use Designation Existing Land Use Proposed Land Use(s) Current Zoning Proposed Zoning Lots (# and type; bldg/common) Phasing plan (# of phases) Number of Residential Units (type of units) Density (gross & net) Open Space (acres, total buffer / qualified) Details 4.97 (the configuration of the parcel has been verified to be an original parcel of record in accord with UDC H -1A-1) MHDR (8-15 units/acre) in the TMISAP Agricultural Multi -family development RUT in Ada County R-15 9 building; 5 common 1 72 units (multi -family apartments) 14.49 gross 0.94 of an acre (18.91%) Page 1 Amenities Physical Features (waterways, hazards, flood plain, hillside) Neighborhood meeting date; # of attendees: History (previous approvals) B. Community Metrics Clubhouse, swimming pool, gazebo The Purdam Stub Drain crosses the northeast boundary of this site July 15, 2019; 2 attendees None Description I Details Page Ada Countv Highwav District • Staff report (yes/no) Yes • Requires ACHD Commission No Action (yes/no) Access (Arterial/Collectors/State One (1) access proposed via W. Franklin Rd., an arterial street H /Local)(Existing and Proposed) Traffic Level of Service Acceptable (Better than "E") Stub Street/Interconnectivity/Cross No stub streets exist to this site and none are proposed to 7 Access adjacent properties Existing Road Network None Existing Arterial Sidewalks / Existing sidewalk on Franklin; no buffer Buffers Proposed Road Improvements None (Franklin Rd. was widened to 5 -lanes in 2017 & fully improved with curb, nutter & sidewalk abutting the site) Fire Service • Distance to Fire Station 2.1 miles from Fire Station #2 • Fire Response Time 4 minutes under ideal conditions; can meet the response time goals • Resource Reliability 81% from Fire Station #2 — does meet the target goal of 85% or greater • Risk Identification Risk factor of 4 — current resources would be adequate to supply service to this project (see comments in Section VIII.C) • Accessibility Project meets all required access, road widths and turnarounds • Special/resource needs An aerial device is not required; the closest truck company is 7 minutes travel time (under ideal conditions) — Fire Dept. can meet this need in the required timeframe. • Water Supply Requires 1,500 gallons per minute for 2 hours; may be less if building is fully sprinklered, which all are proposed to be • Other Resources NA Page 2 Police Service • Distance to Police 4 miles Station • Police Response 3:53 minutes Time • Calls for Service 1,374 for Reporting District M738 (11/1/2018 — 10/21/2019) • Accessibility No issues with the proposed access • Specialty/resource No additional resources are needed at this time; the PD already services the needs area • Crimes 170 (11/1/2018 — 10/21/2019) • Crashes 31 (11/1/2018 —10/21/2019) Wastewater • Distance to Sewer 0 feet Services • Sewer Shed South Blackcat Trunkshed • Estimated Project See application Sewer ERU's • WRRF Declining 13.8 Balance • Project Consistent Yes with WW Master Plan/Facility Plan • Impacts/Concerns I Flows Commitments have been added to the Declining Balance Water • Distance to Water Services • Pressure Zone • Estimated Project Water ERU's • Water Quality Concerns • Project Consistent with Water Master Plan • Impacts/Concerns 0 feet 2 See application None Yes Applicant to stub water main to the west property line south of Lot 8, Block 1 for future water connection to the north parcel. All water dead ends must end in a hvdrant, not a blow off. Page 3 C. Project Maps Future Land Use Map Aerial Map Zoning Map Legend 0Pi, pec- Lcx o -o —RUTH IM -E Planned Development Map jLegend ___-- Prc�,j�e: t Lac�'fian , JT •---- +_ i C-rty Lirni� R1 — Pbnned Parcel C -N RUT TN -C C -C C -C f I,-,- 111. APPLICANT INFORMATION A. Applicant: Matt Schultz, Schultz Development – PO Box 1115, Meridian, ID 83680 B. Owner: Christiansen Family Limited Partnership – 576 E. Vivid Sky Dr., Meridian, ID 83642 Page 4 C. Representative: Same as Applicant IV. NOTICING Planning & Zoning Posting Date Newspaper notification published in newspaper 12/27/2019 Radius notification mailed to property owners within 300 feet 12/23/2019 Public hearing notice sign posted on site 1/3/2020 Nextdoor posting 12/23/2019 V. STAFF ANALYSIS A. ANNEXATION & ZONING City Council Posting Date The Applicant requests annexation of 5.25 acres of land with an R-15 (Medium High -Density Residential) zoning district consistent with the Medium High Density Residential (MHDR) Future Land Use Map (FLUM) designation in the Comprehensive Plan. A conceptual site plan and building elevations were submitted showing how the property is planned to develop, these plans are included in Section VII, Exhibits below. Proposed Use: The Applicant proposes to develop the site with nine (9) multi -family 2 -story eight-plex structures containing a total of 72 apartment units with associated amenities. A multi -family development is listed as a conditional use in the R-15 zoning district per UDC Table 1I - 2A -2 and is subject to the specific use standards listed in UDC 11-4-3-27 (see analysis below in Section V.Q. Compliance with the dimensional standards listed in UDC Table 11-2A-7 for the R-15 district is required, including but not limited to the maximum building height of 40 feet. Comprehensive Plan (https://www.meridianciU.or /ccoompplan): (Note: This project was submitted prior to the new Comprehensive Plan being adopted; therefore, this project will be reviewed under the previous Plan) This property is designated MHDR (Medium High Density Residential) on the Future Land Use Map in the Comprehensive Plan and is within the area governed by the Ten Mile Interchange Specific Area Plan (TMISAP). The MHDR designation allows for the development of a mix of relatively dense residential housing types including townhouses, condominiums, and apartments. Residential gross densities should range from 8 to 15 dwelling units per acre, with a target density of 12 units per acre. These are relatively compact areas within the context of larger neighborhoods and are typically located around or near mixed use commercial or employment areas to provide convenient access to services and jobs for residents. Developments need to incorporate high quality architectural design and materials and thoughtful site design to ensure quality of place and should also incorporate connectivity with adjacent uses and area pathways, attractive landscaping and a project identity. The proposed residential apartments and density of 14.49 units per acre is consistent with the uses and density desired in MHDR designated areas. Page 5 Transportation: Access to the site is proposed via one (1) driveway access from W. Franklin Rd., an arterial street; access is not available via a local street and no stub streets exist to the site. The Master Street Map does not depict any planned collector streets across this property. Franklin Rd. was widened to 5 lanes in 2017 and fully improved with curb, gutter and sidewalk abutting the site. The ACHD Capital Improvements Plan (CIP)/Integrated Five Year Work Plan (IFYWP) lists Black Cat Rd. to be widened to 5 lanes from Cherry Ln. to Franklin Rd. between 2021 and 2025; and Black Cat Rd. to be widened to 3 lanes from Overland Rd. to Franklin Rd. between 2026 and 2030. Intercounty transit service is available to serve this site via Route 42. Ten Mile Interchange Specific Area Plan — Design Guidelines: The following is Staff's analysis on the project's consistency with the design guidelines in the TMISAP applicable to this development: (Staffs comments in italics) Street -Oriented Design: Residential Buildings (pg. 3-33) - Porches should be located along at least 30% of the front fagade of the buildings facing the primary street and be a dominant element; porches on one or more side facades is recommended. Porches are not proposed; patios facing the street (Franklin Rd.) consist of 37.7% of the building elevation (40' wide patios per 106' of building elevation) but are not dominant elements of the design; no patios or porches are proposed on facades internal to the development as desired by the Plan, only on the back sides of the buildings that are not accessible to a street or pedestrian way as desired. This design element is intended to strengthen the social street life and pedestrian focus of the development consistent with traditional neighborhood design — the proposed layout of the site and design of the structures is not street -oriented and does not comply with this design policy. Building to Scale (pg. 3-34) — Buildings should be designed to human scale — everything seen and experienced from the sidewalk (i.e. building fronts, signs, lighting, open space) should be designed for human interaction at a pedestrian's perspective. With parking lots surrounding buildings, a lack of internal streets and pedestrian ways, this is generally an auto dominated development that distorts the human scale and is not consistent with the Plan. There is a minimum level of effort to create other pedestrian oriented design elements that de-emphasize the vehicle and focus on clear and visible pedestrian orientation. Therefore, the project as proposed is not consistent with this policy. • Neighborhood Design (pg. 3-36) - All residential neighborhoods should be developed in consideration of traditional neighborhood design principals and concepts and the standards in the TN -R district (i.e. mixed stock, architecture and design, streetscapes and streets) (pg. 3-36). o Mixed Housing Stock - Diversity of residential types, styles and densities (for a variety of choices to a wide range of households). Only one (1) type/style and density is proposed, which is not consistent with this policy. The Applicant requests a waiver of this policy due to small size and irregular shape of the site. o Architecture and Design — Front porches and garages accessed from an alley are usually the standard in residential areas; parking is primarily located behind buildings; vehicular access to parking lots is through alleys or driveways to shared parking lots. Patios (not porches) are proposed along 37.7% of the facades adjacent to the street (Franklin Rd.) on the south side of the development with no connections to the sidewalk; no patios or porches are proposed internally on the front facades as desired, only at the rear of the structures which do not adjoin a street or pedestrian way. Access is provided from a drive -aisle with Page 6 parking on each side, not from an alley or street as desired. Strip parking is provided in front, at the ends, and around buildings, not behind buildings as desired. The proposed plan is not consistent with this policy. o Streetscape — parkways between curbs & sidewalks, building frontages, and front yard spaces should be landscaped with trees; connected network of streets, alleys and sidewalks). There is no internal network of streets, alleys or sidewalks, only driveways with parking on each side — no parkways are provided. The street buffer, sidewalk and parkway (area between the curb and sidewalk) along W. Franklin Rd. is not applicable as the parkway is strictly used for drainage (trees are not allowed), there are no pedestrian connections from the residential units to the sidewalk and the area is actually fenced off from the sidewalk prohibiting access. The proposed development does not meet this policy. o Streets — Narrow streets with traditional neighborhood design characteristics are desired to provide a safer, more pleasant pedestrian environment and encourage interaction amongst residents. Driveways are proposed for access within the site with parking on each side —no streetscape or streets are proposed. Therefore, the proposed development does not meet this policy. • Building Form & Character: o Building Facades (pg. 3-38) - Primary building facades should face the street/public space/pedestrian area and should have an entry into the building so as to provide direct access from adjacent public spaces, streets and activity areas; where another fagade of the same building faces a parking area designed to serve that structure, both facades should be designed and detailed as primary facades and have prominent usable entries. Primary facades face a driveway with parking on each side, not a street, public space or pedestrian area. There are two (2) stairway entries to each building, however, entries to the first floor units with patios are located at the rear of the structures, not accessible from the primary faVade. The proposed development does not meet this policy. Buildings should be located so as to frame the adjacent public space & to provide an architectural backdrop for associated passive & active activities. The space between the building fagade & adjacent sidewalk should be landscaped with a combination of lawns, groundcover, shrubs and trees. Buildings are not designed to frame a public space, they are adjacent to parking and drive -aisles, which does not meet this policy. Dumpsters serving the development should be located within easy proximity of the associated use away from the primary facade of the building, ideally within a rear fagade and should be contained with screened enclosures whose exterior walls are a minimum of 6 feet in height. The proposed dumpsters are located within easy proximity of dwellings, however they are located near primary facades of buildings, and although the exterior walls of the trash enclosure are 6 feet in height, the proposed screening material (Le. chain-link with privacy slats) of the doors of the enclosures do not meet UDC standards for screening (see UDC 11 -3B -5M). The location of the dumpsters as proposed does not meet this policy but the screening material could be revised to comply. o Building Heights (pg. 3-38) — Low-rise buildings of 2-4 stories over much of the area are recommended. Two-story buildings are proposed in accord with this policy. o Neighborhood Residential (pg. 3-41): Stoop Frontage — For street and block frontages along residential streets and areas with a moderate amount of pedestrian activity, it is recommended that ground floor elevations be 18" to 24" above sidewalk grade and that the individual units open directly onto adjacent rights-of-way. Because residential streets, pedestrian areas, ground floor elevations 18" to 24" above sidewalk grade are not Page 7 proposed and individual units don't open directly onto adjacent right-of-way, the project is not consistent with this policy. Porch & Fence Frontage — The porch and fence frontage provides a building facade set back from the street to allow room for a private, fenced yard. A fence clearly signals the break between the public realm of the street and sidewalk to the private realm of the yard and porch. Porches along the front of the building allow residents the opportunity to interact and engage in activities in the public domain while maintain a level of privacy. Porches nor private fenced yards are proposed, which is not consistent with this policy. o Roofs: Pitched Roofs (pg. 3-41) - Pitched roofs where possible should be symmetrical hips or gables with a pitch between 4:12 and 12:12 with an overhang of at least 12 inches; roof brackets and rafter tail treatments are encouraged. Pitched roofs are proposed, however the exact pitch of the roof is not noted on the elevations; overhangs of at least 12 " are proposed in accord with this policy. • Public Art (pg. 3-47) — Public art should be incorporated into the design of streetscapes (pg. 3- 47). No public art is proposed, which is not consistent with this provision. Based on the above analysis, Staff finds the proposed site layout and design of the buildings is generally not consistent with the applicable design elements of the TMISAP and would require a total re -design to comply. Little to no effort has been made to address or comply with the design policies in the Plan. Therefore, Staff does not support the proposed design. Comprehensive Plan Policies (https://www.meridianciU.or /g compplan): 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): • "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 apartments will contribute to the mix of housing options and choices between ownership and rental dwelling units available in the City. • "Provide housing options close to employment and shopping centers." (3.07.02D) The proposed development will provide housing options in close proximity to the Ten Mile Interchange where existing employment uses are located and more are planned in the future; commercial businesses are also developing in this area which will provide shopping and service opportunities for area residents. • "Require open space areas within all development." (6.01.01A) Open space that complies with the minimum UDC standards listed in UDC 11-3G-3 and 11-4-3-27 is proposed. An open space exhibit for this project is included in Section VII, Exhibits. • "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) The proposed development is contiguous to the City and urban services can be provided to this development. • "Restrict private curb cuts and access points on collectors and arterial streets." (3.06.02D) One (1) access is proposed via W. Franklin Rd.; no other accesses are available to this site. A cross- access/ingress-egress easement should be granted to the properties to the north, west and east for interconnectivity between developments. Page 8 • "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) Pedestrian walkways should be provided along driveway stubs to the north, west and east for pedestrian interconnectivity between developments. • "Work with transportation agencies and private property owners to preserve transportation corridors, future transit routes and infrastructure, road and highway extensions, and to facilitate access management planning." (3.01.01J) Transit services are available to serve this site via Route 42. Route 42 is an intercountry route, with limited stops. However, the applicant should coordinate with Valley Regional Transit on a possible bus stop on this site. Zoning: Based on the analysis above, Staff is of the opinion the requested annexation with the R-15 zoning and proposed development is consistent with the MHDR FLUM designation for this site. The proposed annexation area is contiguous to City annexed property and is within the Area of City Impact Boundary. A legal description and exhibit map for the annexation area is included in Section VII.A. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. B. PRELIMINARY PLAT The proposed preliminary plat consists of nine (9) building lots and five (5) common lots on 4.97 acres of land in the proposed R-15 zoning district. Lots range in size from 12,847 to 22,998 square feet (s.f.) with an average lot size of 17,258 s.f. The plat is proposed to develop in one phase. Existing Structures/Site Improvements: There are no existing structures on this site, the site is vacant/undeveloped. Dimensional Standards (UDC LL -2: The proposed subdivision and subsequent development is required to comply with the minimum dimensional standards listed in UDC Table 11-2A-7 for the R-15 district. Staff has reviewed the proposed plat and it complies with these standards. Access (UDC 11-3A-3): One driveway access is proposed via W. Franklin Rd., an arterial street; local street access is not available to this property. Secondary emergency access to the site is not required by the Fire Dept. because all of the structures will be sprinklered. All lots within the development should be subject to a cross-access/ingress-egress easement depicted on the plat; none is depicted. This property does not have an access easement via Zimmerman Ln., the private lane along the west boundary of the site. No driveway stubs are proposed to adjacent properties; for interconnectivity between this site and future developments, driveway stubs with cross-access/ingress-egress easements should be provided to the east, west and north for future extension and interconnectivity. The adjacent properties are all designated MHDR on the FL UM and will likely develop with similar uses. The TMISAP requires residential streets or alleys to be provided for access to dwellings within the development; only drive aisles are proposed with parking on each side, which is not consistent with the Plan. Pathways (UDC 11-3A-8): There are no pathways depicted on the Pathways Master Plan for this property. Page 9 Pedestrian connections for neighborhood connectivity should be provided to adjacent properties to the north, west and east for interconnectivity between developments; none are proposed. Sidewalks (UDC 11-3A-17): A detached sidewalk was recently constructed along the frontage of this site adjacent to W. Franklin Rd. when ACHD widened Franklin Rd. in accord with UDC standards. Parkways (UDC 11-3A-17): A 10 -foot wide parkway with a drainage swale exists along Franklin Rd. between the curb and detached sidewalk constructed by ACHD with the road widening project; because this area is within the right-of- way, no trees are allowed. Native vegetation (grasses and flowers) was planted in this area and will be maintained by the HOA. Landscaping (UDC I1 -3B): A 25 -foot wide street buffer is required along W. Franklin Rd. (measured from back of curb), landscaped per the standards in UDC Table 11 -3B -7C. A 40 -foot wide buffer is proposed (measured from back of curb) with a berm and landscaping in accord with UDC standards. The street buffer is depicted on adjacent building lots but is required to be placed in a common lot maintained by the Homeowner's Association (HOA) per UDC 11-313-7C.2a. Landscaping is required in common open space areas in accord with the standards listed in UDC 11 -3G - 3E. Trees are proposed far exceeding UDC standards (i.e. 3 required; 72 provided). Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11 -3B -8C. The proposed landscaping complies with UDC standards. Qualified Open Space & Site Amenities (UDC I1 -3G): Because the area of the preliminary plat is below 5 acres in size, the qualified open space and site amenity standards listed in UDC 11-3G-3 do not apply. However, the open space & site amenity standards listed in UDC 11-4-3-27 for multi -family developments do apply (see analysis below). Fencing (UDC 11-3A-6, 11-3A-7): All fencing constructed on the site is required to comply with the standards listed in UDC 11-3A-6 and 11-3A-7. A 6 -foot tall open wrought iron fence is proposed along the northeast boundary adjacent to the Purdam Drain; a 6 -foot tall vinyl fence is proposed along the west and east boundaries; and a 4 -foot tall wrought iron fence is proposed along the south boundary within the street buffer along W. Franklin Rd. Except where fences are used as decorative landscape element, fences are only allowed on the interior edge of street buffers. Trash Enclosure: Two (2) trash dumpsters are proposed to service the development. The detail for the enclosures depict split face CMU block wall on 3 sides with a chain link gate with double diagonal privacy slats. Chain-link with slats does not qualify as a screening material per UDC 11-313-5M. Waterways (UDC 11 -3A -A) - The Purdam Drain canal runs along the northeast boundary of this site within a 25 -foot wide easement. The drain is proposed to be piped and placed in a common lot with an exclusive NMID access easement; the HOA will be responsible for maintenance of this lot. The common lot should contain grass to prevent weeds. Utilities (UDC 11-3A-21): Connection to City water and sewer services is proposed in accord with UDC 11-3A-21. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances. See Section VIII.B below for Public Works comments/conditions. This project will be serviced by existing 8 -inch water and sewer main stubs in W. Franklin Rd. Page 10 Pressurized Irrigation System (UDC 11-3A-15): An underground pressurized irrigation (PI) system is required to be provided for each lot within the development as set forth as set forth in UDC 11-3A-15. If a PI pump station is required on the developed property, such station shall be on a lot solely dedicated to that pump station and shall be owned by the entity that owns and maintains the PI system as set forth in UDC 11 -3B -6E. Primary pressure irrigation will be provided by Nampa & Meridian Irrigation District (NMID) via an existing regional pump station for Baraya Subdivision directly south of this site across Franklin Rd. Storm Drainage (UDC 11-3A-18: An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. Storm drainage will be mitigated by underground seepage beds and/or shallow landscaped retention areas. Drainage swales exist within the parkway along W. Franklin Rd. C. CONDITIONAL USE PERMIT FOR MULTI -FAMILY DEVELOPMENT As noted above, a multi -family development is listed as a conditional use in the R-15 zoning district per UDC Table 11-2A-2. Specific Use Standards (UDC 11-4-3): The proposed use is subject to the following standards: (Staffs analysis/comments in italic text) 11-4-3-27: MULTI -FAMILY DEVELOPMENT: B. Site Design: Buildings shall provide a minimum setback of ten feet (10') unless a greater setback is otherwise required by this title and/or title 10 of this Code. Building setbacks shall take into account windows, entrances, porches and patios, and how they impact adjacent properties. The east side of buildings on Lots 2,10 and 12, Block I appear to be below the 10' setback required as depicted on the site plan on Sheet PLO of the preliminary plat; the site plan does not include lot lines to determine compliance with setbacks. 2. 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. The site plan depicts screened trash enclosures and A/C units; the screening proposed on the trash enclosure doors does not qualms as an allowed screening material per UDC I1 -3B -5M. No other mechanical equipment is depicted on the plans. 3. A minimum of eighty (80) square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. In circumstances where strict adherence to such standard would create inconsistency with the purpose statements of this section, the Director may consider an alternative design proposal through the alternative compliance provisions as set forth in section 11-5B-5 of this title. All decks and patios are proposed to be 8'x 10' in accord with this requirement; 4. For the purposes of this section, vehicular circulation areas, parking areas, and private usable open space shall not be considered common open space. These areas were not included in the common open space calculations for the site. Page 11 5. No recreational vehicles, snowmobiles, boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate, designated and screened area. No storage areas are proposed. 6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to All Districts", of this title. Off-street parking is required to be provided for multi family dwellings as set forth in UDC Table 11-3C-6 based on the number of bedrooms per unit —1 -bedroom units require 1.5 spaces per unit with at least I in a covered carport or garage and 2-3 bedroom units require 2 spaces per unit with at least 1 in an a covered carport or garage. Based on (8) ]- bedroom units and (64) 2 -bedroom units, a minimum of 140 spaces are required consisting of 72 covered carport or garage spaces and 68 uncovered spaces. Parking is proposed as follows: 72 covered carport spaces and 73 surface parking spaces for a total of 145 spaces, which exceeds UDC standards by 5 spaces. 7. Developments with twenty (20) units or more shall provide the following: a. A property management office. b. A maintenance storage area. c. A central mailbox location, including provisions for parcel mail, that provide safe pedestrian and/or vehicular access. d. A directory and map of the development at an entrance or convenient location for those entering the development. These items are not depicted on the site plan or addressed in the narrative. C. Common Open Space Design Requirements: 1. A minimum area of outdoor common open space shall be provided as follows: a. One hundred fifty (150) square feet for each unit containing five hundred (500) or less square feet of living area. Not applicable b. Two hundred fifty (250) square feet for each unit containing more than five hundred (500) square feet and up to one thousand two hundred (1,200) square feet of living area. All (72) units are between 500 and 1,200 sf.; therefore, a total of 18, 000 sf. (or 0.41 of an acre) of common open space is required. The open space exhibit in Section VILE depicts 45,969 sf. (or 0.94 of an acre) of open space exceeding the minimum standard by 27,969 sf. (or 0.64 of an acre). c. Three hundred fifty (350) square feet for each unit containing more than one thousand two hundred (1,200) square feet of living area. Not applicable 2. Common open space shall be not less than four hundred (400) square feet in area, and shall have a minimum length and width dimension of twenty feet (20'). The common open space areas proposed are greater than the minimum area and dimensions noted in accord with this requirement. 3. In phased developments, common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units. The multi family component of this project is proposed to be developed in one (1) phase. 4. Unless otherwise approved through the conditional use process, common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a berm or constructed barrier at least four feet (4') in height, with breaks in the berm or barrier to allow for pedestrian access. (Ord. 09-1394, 3-3-2009, eff. retroactive to 2-4-2009) The common open Page 12 space area adjacent to W. Franklin Rd., an arterial street, contains a berm and is separated from the street by a 4 -foot tall wrought iron fence; breaks in the fence allowing pedestrian access are not proposed except at the driveway entry of the development. D. Site Development Amenities: 1. All multi -family developments shall provide for quality of life, open space and recreation amenities to meet the particular needs of the residents as follows: a. Quality of life: (1) Clubhouse. (2) Fitness facilities. (3) Enclosed bike storage. (4) Public art such as a statue. b. Open space: (1) Open grassy area of at least fifty by one hundred feet (50 x 100') in size. (2) Community garden. (3) Ponds or water features. (4) Plaza. c. Recreation: (1) Pool. (2) Walking trails. (3) Children's play structures. (4) Sports courts. 2. The number of amenities shall depend on the size of multi -family development as follows: a. For multi -family developments with less than twenty (20) units, two (2) amenities shall be provided from two (2) separate categories. b. For multi -family development between twenty (20) and seventy five (75) units, three (3) amenities shall be provided, with one from each category. c. For multi -family development with seventy five (75) units or more, four (4) amenities shall be provided, with at least one from each category. d. 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. 3. The decision making body shall be authorized to consider other improvements in addition to those provided under this subsection D, provided that these improvements provide a similar level of amenity. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Based on 72 proposed units, a minimum of 3 amenities are required from each category. A clubhouse is proposed as a quality of life amenity, a swimming pool is proposed as a recreation amenity and a gazebo and open grassy area of at least 50'x 100' in size is proposed as open space amenities, exceeding UDC standards. Page 13 E. Landscaping Requirements: 1. Development shall meet the minimum landscaping requirements in accord with chapter 3, "Regulations Applying to All Districts", of this title. The proposed landscaping complies with UDC standards; the number of trees proposed on the site far exceed UDC standards (i.e. 26 required vs. 95 proposed). 2. All street facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: a. The landscaped area shall be at least three feet (3') wide. b. For every three (3) linear feet of foundation, an evergreen shrub having a minimum mature height of twenty four inches (24") shall be planted. c. Ground cover plants shall be planted in the remainder of the landscaped area. The landscape plan depicts landscaping along the foundations of all street facing elevations; however, the summer wine ninebark species of shrub is not an evergreen variety as required. F. Maintenance and Ownership Responsibilities: All multi -family developments 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. Building Elevations (UDC 11-3A-19 I Architectural Standards Manual): Building elevations are required to comply with the design standards listed in the Architectural Standards Manual (ASM) and the design policies contained in the TMISAP. Conceptual building elevations, photos and floorplans for 1- and 2 -bedroom units (Buildings `B" & "C") were submitted for the proposed clubhouse and multi -family structures [(9) 2 -story eight-plexes], as shown in Section VII.F. The photos are of the multi -family structures currently being constructed in Harper Ridge Subdivision located on Copper Point Dr. off S. Eagle Rd. which are generally consistent with the design standards in the Architectural Standards Manual (ASM), although they do appear to be missing some pedestrian scale design elements. Building materials are proposed to consist of a mix of stucco, stone tile, wood, board and batten siding and glazing. Field and trim materials are distinguished by color and texture; window and door openings are accentuated with trim. While the proposed elevations are generally consistent with the design standards listed in the Architectural Standards Manual, they are not consistent with the design policies in the TMISAP as discussed above in Section V.A. Although the proposed use and density of the project is consistent with the MHDR FLUM designation, the site layout, internal access and building elevations are not consistent with the essential residential design policies in the TMISAP. VI. DECISION A. Staff: Based on the analysis above, Staff recommends denial of the CUP application as proposed due to inconsistency of the proposed site layout and building elevations with the TMISAP. Consequently, Staff does not recommend the City annexes the property without a development plan that is consistent with the TMISAP. Therefore, Staff recommends denial of the Annexation & Zoning and Preliminary Plat applications as well as set forth in the Findings in Section IX. Page 14 If the Commission and/or City Council is in favor of the application as proposed, the project should be continued to a later hearing date in order for Staff to prepare conditions of approval. VII. EXHIBITS A. Annexation & Zoning Legal Description and Exhibit Map EXHIBIT Description For R-15 ZONE AAIB ANNEXATION ASCENT MULTI -FAMILY A portion of the Southeast 114 of the Southwest 114 of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, idaho being more particularly described as follows: Commencing at the 5114 corner of said Section 10 from which the SW corner of said Section 10 bears North 89°15'34" West, 2640.54 feet:. thence along the South boundary line of said Section 10 North 89°1534" West, 376.47 feet to the REAL POINT OF BEGINNING; thence continuing along said South boundary lire North 89°15'34" West, 366.65 feet; thence leaving said South boundary line North 00"34'26" East, 843.2.5" feet to a point on the approximate centerline of Purdam Stub Drain; thence along said centerline South 391634" East, 572.39 feet, thence leaving said centerline South 00'34'26'' West 404.77 feet to the REAL POINT OF BEGINNING. Containing 5.25 acres, more or less, G. Page 15 17729 of CRY 0, r,h`C 5.25 ACRES S-9 S-10ts�714 5.t6 5.15 _ N89'15'34'°W 356.55' W. FRANKLIN ROAD (PJBLIC) o N89'15'X'W 254U.54` BASIS OF BEARM 376, 47_� 1 1 /4 S . i D �j S.15 IDAHO 495sW ENERAL06T R-15 ZONE AND ANNEXATION IN �JRV�Y [�, ;'&9570 °' ASCENT MULTI --FAMILY GROUP, LLC LUGAT[0 eH THE BE 1/414OF THE COsw 1/4 OF TY. pAHt]mON IQ, TM. Page 16 19-251 I0/1Jf2mo B. Preliminary Plat (date: 10/8/2019) ELI I- L -T E I T 11 1 Page 17 L t BEFORE DIGGING, CAL DrGLINE AT 1-W}._d 151 "Elt'Gk%FMWC ELI I L -T E T I I I E I I- I -H Page 18 Eb a 1. 11 t BEFORE DIGGING, CAL DrGLINE AT 1-W}._d 151 "Elt'Gk%FMWC ELI I L -T E T I I I E I I- I -H Page 18 C. Site Plan (date: 10/30/2019) Page 19 CI[nnm 4 Rockwell & Amm-, A.SCENTAPW"wd CD P3 II 13 ------------------ ID Page 19 CI[nnm 4 Rockwell & Amm-, A.SCENTAPW"wd CD P3 t ID Page 19 TRASH ENCLOSURE SECTION TRASH ENCLOSURE PIAN Page 20 D. Landscape Plan (date: 10/16/2019) Page 21 ASSENT APARTMENTS W FRANKUM ROAD MERII)IANL WAHO OVERALL LANDSCAPE PLAN Page 22 --I r'; 2m- m!Mmm M!2 z Mi z ASSENT APARTMENTS W FRANKUM ROAD MERII)IANL WAHO OVERALL LANDSCAPE PLAN Page 22 --I r'; 2m- m!Mmm M!2 ■ ASSENT APARTMENTS W FRANKUM ROAD MERII)IANL WAHO OVERALL LANDSCAPE PLAN Page 22 --I r'; 2m- m!Mmm M!2 ASSENT APARTMENTS W FRANKUM ROAD MERII)IANL WAHO OVERALL LANDSCAPE PLAN Page 22 --I }\\ \ \�� /\�} �� ƒ mill);! 2! | :7 :17 L b lz NE -0 z j�4:.�[\�� jj ��\\j�� }\\ \ \�� /\�} �� ƒ mill);! 2! | A�ENT APATMENTS . !I cql�� W FRANKLIN ROAD MERIDIANI. IDAHO LANDSCAPE PLAN - AREA ONE R7_ :17 A�ENT APATMENTS . !I cql�� W FRANKLIN ROAD MERIDIANI. IDAHO LANDSCAPE PLAN - AREA ONE b loll IN N, MEI A�ENT APATMENTS . !I cql�� W FRANKLIN ROAD MERIDIANI. IDAHO LANDSCAPE PLAN - AREA ONE '!77 I it 1. 7119 7L—r7 !7' If ASCENT APARTMENTS MERIDIAR IDAHO W FRANKLIN ROAD LANDSCAPE PLAN - AR TWO Page 24 [J; PLANTER BED CUT )CE rjlJBLIFFER AREA WITH 20 WIDE BERM SECTION A i. ----- ------- f-,'N WROUGHT IRON FENCE NOTW e7\ CONIFEROUS TREE PLANTING Ram TREE b[NG ON ,�E,MFT PLANTING SLOPE LANDSCAPE AREA 40k I I PREPARATION NOTES: �m TOPSOIL NOTES 1-111-111=11111—,�L` `4 =7 TURF AREA PREPARATION NOTES _j Z < 0 LU 0 jr < Lu r z— gz1;ffLu <Lu Z oU Lu LL Lu❑ WEED ABATEMENT NOTES: < IRRIGATION NOTES: ell V=ZM Page 25 E. Qualified Open Space Exhibit (date: 10/16/2019) CITY OF MERIDIAN MULTI -FAMILY OPEN SPACE REQUIREMENTS (R-15 UNDER 5 AC.) QUALIFIED OPEN SPACE 2" PIER W I OPEN sP� f°"ve^KVf1 esu AWP fty1�LFIED i7lk 9Gi 45744 t.7 46.P?? ft7hNfJ SPFCF7 LANDSCAPE LEGEND QV.LPIE6 GFER SPA&E Q ry i FRS. Scale: NOT TO SCALE ASCENT APARTMENTS FRANKLIN ROAD _ _ « OPEN SPACE EXHIBIT -1,0 Page 26 F. Conceptual Perspectives/Building Elevation Photos & Floor Plans FLOOR PLAN 1Q165QIlARE FEET Page 27 Ln •I- •i �BIBE INNER imiI iHill � ��i■..�..■�0�i iCO�..� lin :i • ..��.. . . ..■��HI ISI o ow mo o w II WWTFLEVATIQM EAST ELEVATION I I I I I I I I I I I I I BVIIOIIZI. B fIEVATIOIS A-2.2 J it 5 � 4 �p 4'P 4 4. P O V.4 e 4 E ® 3 II I `I NTN E EVAn� a� FJST ELEVATION AEVATIONS A-2.3 Page 28 Page 29 Page 30 COLOR BOARD Harper Ridge Subdivision 3885 B. Copper Point Dr. Meridian, ID 83642 Windows & Doors Shingles Bronze Max Def. Weathered Wood Metal Carports Slate Wood Stain Metal Sales: Daltile: 16x16 Cabot: Semi -Tsar Matte Black 5700 California Gold Taupe Body: Stucco Body: Board & Batten Fascia & Trims SW 7024: SW 7022: SW 7048: Functional Gray Alpaca LlrBane Bronze Glancey 4 Rockwell &. Associates kk A-hlt,t- • Pl-" Page 31 1 st FLOOR PLAN Mp Page 32 1st FLOOR FLAN I � I I i I I I LJ 1 -BEDROOM UNRI I 032.75ft I ti I I � I I � I I — l — J — — J EGRE95 GGFE3 5 I lul I I a a s I I I I I I I I I I I 5 I I I I I II A B til _ I I � I I I II \1 II r - I II i a3 � I 11 -BEDROOM UNIT I I I f -J 022.75 sq k s I I I I I I I I I I I 5 I I I I I II Page 33 2nd FLOOR PLAN 2nd FLOOR PLAN -BEDROOM UNIT 1 -BEDROOM UN I 11 -BEDROOM UNIT l 022.75.x9 ft 022.75 sq k 032.75 R I I I I I I I I I I I I I I I I LE r I. r 6 Page 33 2nd FLOOR PLAN 2nd FLOOR PLAN 1•/�l�y Y-11�//[ei�[y'(K� � 17►1_ ►l I-�I�M�.� A. PLANNING DIVISION The Planning Division recommends denial of the proposed Annexation, Preliminary Plat and Conditional Use Permit; therefore, no comments or conditions are recommended. If the Commission and/or City Council is in favor of the application as proposed, the project should be continued to a later hearing date in order for Staff to prepare conditions of approval. B. PUBLIC WORKS 1. Site Specific Conditions (if project is approved) 1.1 Applicant to stub water main to the west property line south of Lot 8, Block 1 for future water connection to the north parcel. All water dead ends must end in a hydrant, not a blow off. 2. General Conditions of Approval 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 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. 2.3 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. 2.4 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. 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. 2.6 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 addressed 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. Page 34 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. 2.8 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. 2.9 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. 2.10 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. 2.11 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. 2.12 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. 2.13 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. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 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. 2.18 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. 2.19 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. 2.20 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. 2.21 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. Page 35 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. 2.23 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 887-2211. C. FIRE DEPARTMENT http: //weblink. meridiancity. org/WebLink8/Doc View. aspx?id=179685 D. POLICE DEPARTMENT http: //weblink. meridiancity. org/weblink8/0/doc/180810/Pagel. aspx E. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO (COMPASS) http: //weblin k. m eridia n c i 0y. org/weblink8/0/doc/180616/Pagel. aspx F. NAMPA & MERIDIAN IRRIGATION DISTRICT (NMID) http://weblink.meridianci .org/weblink8/0/doc/180620/Pagel.aspx G. CENTRAL DISTRICT HEALTH DEPARTMENT (CDHD) hyp: //weblink. meridiancity. org/WebLink8/Doc View. aspx?id=179730 H. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) http://weblink.meridiancily.org/weblink8/0/doc/180069/Pa eg l.aspx I. ADA COUNTY HIGHWAY DISTRICT (ACHD) http://Weblink.meridiancily.org/weblink8/0/doc/180748IPa el.aVx IX. FINDINGS A. Annexation and/or Rezone (UDC 11 -5B -3E) Required 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 and/or rezone, the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Staff finds the Applicant's proposal to annex the subject 4.97 acre property with R-15 zoning and develop apartments on the site at a gross density of 14.49 units per acre consistent with the associated MHDR FL UM designation for this property. However, Staff further finds that the proposed design of Page 36 the site and building elevations are not consistent with the design policies in the TMISAP as required. (See analysis above in Section V.A for more information.) 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Stafffinds the proposed map amendment and development complies with the purpose statements of the residential districts in that it will contribute to the range of housing opportunities for the community consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Stafffinds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed residential uses should be compatible with adjacent existing and future residential uses in the area. 4. 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 Stafffinds City services are available to be provided to this development. 5. The annexation (as applicable) is in the best interest of city. Stafffinds the proposed annexation is not in the best interest of the City as proposed based on inconsistency of the project with the design policies contained in the TMISAP. (See analysis above in Section V.A for more information.) B. Preliminary Plat (UDC 11-613-6) In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) Stafffinds the proposed plat is in general conformance with the UDC (or can be conditioned to be) but the proposed development plan is not consistent with the TMISAP. (See analysis above in Section V.A above for more information.) 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; Stafffinds public services can be made available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; Stafffinds the proposed plat is in substantial conformance with scheduled public improvements in accord with the City's CIP. 4. There is public financial capability of supporting services for the proposed development; Stafffinds there is public financial capability of supporting services for the proposed development. Page 37 5. The development will not be detrimental to the public health, safety or general welfare; and Stafffinds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. Staff is unaware of any significant natural, scenic or historic features that need to be preserved with this development. C. Conditional Use Permit (UDC 11 -5B -6E) The Commission shall base its determination on the Conditional Use Permit requests upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Stafffinds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the R-15 district (see Analysis above in Section Vfor more information). 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Stafffinds that the proposed use is consistent with the future land use map designation ofMHDR and is allowed as a conditional use in UDC Table I1 -2A-2 in the R-15 zoning district. However, Stafffinds the proposed development plan is not consistent with the TMISAP as required. (See analysis above in Section V.A.) 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Stafffinds although the proposed operation and maintenance of the development should be compatible with other existing andfuture uses in the vicinity, the proposed design and construction is not consistent with the intended character of the Ten Mile Interchange area and would adversely change the essential character of the area. (See analysis above in Section VA for more information) 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Staff finds the proposed use would not adversely affect other properties in the vicinity as the surrounding properties are all designated MHDR as well and will likely develop with similar uses. However, the proposed design may adversely affect other properties as it is not consistent with the design policies in the TMISAP and does not promote interconnectivity between neighborhoods. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. Stafffinds that essential public services are available to this property and that the use could be adequately served by these facilities. Page 38