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Findings
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW wl AND aI IDIAN =-- DECISION & ORDER In the Matter of Preliminary Plat Consisting of 16 Buildable Lots and 6 Common Lots, Conditional Use Permit for a 64-unit Multi -family Development AND Development Agreement Modification to Increase the Number of Multi -family Units and Buildable Lots Approved with the Recorded DA (Instrument #106187189) for Touchstone Place Subdivision, Located on the South Side of E. Fairview Avenue; West of N. Stonehenge Way, by Iron Mountain Real Estate Inc. Case No(s). PP-13-009, CUP-13-003 and MDA-13-011 For the City Council Hearing Date of. July 23, 2013 (Findings on August 13, 2013) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 23, 2013, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 23, 2013, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 23, 2013, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 23, 2013, 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-13-009, CUP-13-003 and MDA-13-011 -I- 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 Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of July 23, 2013, 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 preliminary plat, conditional use permit and development agreement modification is hereby approved per the conditions of approval in the attached Staff Report for the hearing date of July 23, 2013, 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 Two (2) Year Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City. 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-13-009, CUP-13-003 and MDA-13-011 -2- Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as determined and approved by the 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 I 1-513-6F). Notice of Two (2) Year Development Agreement Duration The amended development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting the modification (UDC 11-513-3F.2). 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 two (2) year approval period (UDC 11-513-317.3). 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 July 23, 2013 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-13-009, CUP-13-003 and MDA-13-011 -3- By action of the City Council at its regular meeting held on the 2013. —./e3 day of COUNCIL PRESIDENT BRAD HOAGLUN VOTED _+,�-- COUNCIL VICE PRESIDENT CHARLIE ROUNTREE VOTED __(jiq-- COUNCIL MEMBER DAVID ZAREMBA VOTED It -- COUNCIL MEMBER KEITH BIRD VOTED _&j,�_k MAYOR TAMMY de WEERD �— (TIE BREAKER) VOTED Mayor Tam e Weerd Attest: pC�y J9 O� City of aycee man, City Clerk IDIAN*. y JDAHO �F SEAL Copy served upon Applicant, The P F� i�eTDenx °P - Public Works Department and City Attorney. B-v �- Z;� Dated: g• (�� ler Ci 's ice CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-13-009, CUP-13-003 and MDA-13-011 -4- STAFF REPORT HEARING DATE: TO: FROM: SUBJECT: EXHIBIT A July 23, 2013 Mayor and City Council Bill Parsons, Associate City Planner 208-884-5533 �E IDIAN -- PP-13-009, CUP-13-003 and MDA 13-011 — Touchstone Place I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Iron Mountain Real Estate, LLC, has applied for a preliminary plat consisting of sixteen (16) multi -family lots and six (6) common lots on approximately 4.38 acres in an R-15 zoning district. A conditional use permit (CUP) is also being requested for a multi -family development consisting of sixteen four-plex structures, totaling sixty-four (64) dwelling units. To accommodate the applicant's proposal to increase the unit count from 48 units to 64 units, the applicant must amend the recorded development agreement (Instrument # 106187189). (See Section 9 for further analysis) NOTE. The preliminary plat submitted with this application does not include the entire boundary of the parcel. A sliver along the northwest boundary of the parcel (adjacent Fairview Avenue) has been split offfrom the proposed development since the previous approvals in 2006. For this reason, the parcel must be made whole and the adjacent property must consent to his property being a lot and block in the proposed subdivision. Staff anticipates a revised plat prior to the City Council hearing however, staffs recommendation of approval on the preliminary plat is contingent on the applicant obtaining the property owner's consent. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed PP, CUP and MDA with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report. The Meridian Planning -and Zonine Commission heard these items on June 20 2013. At the public hearing, the Commission voted to recommend approval of the subiect PP CUP and MDA requests. a. Summary of Commission Public Hearin— i. In favor: Kent Brown and Jeremy Amar ii. In opposition: None iii. Commenting: Dustin Bristol and Richard Verschoor iv. Written testimony None v. Staff presenting application• Bill Parsons A. Other staff commentin on application• Bruce Freckleton b. Kev Issue(s) of DiscussiI'llon by Commission i. Additional landscaping along the east and south boundary ii. Requiring the construction of PRV station with this development iii. Inclusion of the Mor an roe(parcel #S1107110605 as a lot and block within the Proposed subdivision c. Kev Commission Change(sl to Staff Recommendation i. Modified condition 1.5.3 bullet #2 strikin the re uirement fora able roof carport. d. Outstanding Issues) for Citv Council: i. None Touchstone Place PP-13-009, CUP-] 3-003 and MDA-13-011 PAGE 1 EXHIBIT A The Meridian City Council heard these in+; At the nnhiir nearmrt the ouncil approvedAlle subject PP. Ci1P and 11IDA request - A, &mmary of City Council Public Hearin s In favor: Kent Brown n onpo ition• None Ill. Commenting• None iY. Written testimony@ -Kevin Amar taff nresentin apnli anon• Bill Parsons A Other staff CommentingPnImentilIg on application None * Key Issues s of Dis nssion by .o il- j. None *, KkY Council hap es to Staff/(` mmis ion Recommendation s nil striick DA provision #1 requiring the in tallation of the PRV stab ii Council modified conditions of approval 12 2 bullet #5 and the wording from common lot t non buildable i�t RL Council modified condition of approval 2.3 requiring the installation of PRV vault and conduits for Dower and telemet.-.� cablin¢ near the N c.,ndli. - a.. ,w r:v a �e water connection III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers PP-13- 009, CUP-13-003 and MDA-13-011, as presented in the staff report for the hearing date of July 23, 2013, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers PP-13-009, CUP-13-003 and MDA-13-011, as presented during the hearing on July 23, 2013, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Numbers PP-13-009, CUP-13-003 and MDA-13-01 Ito the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) W. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the south side of E. Fairview Avenue and west of N. Stonehenge Way in the NE '/< of Section 07, Township 3 North, Range 1 East. (Parcel No. S 1107120615) B. Applicant/Owner: Iron Mountain Real Estate Inc. 3681 N. Locust Grove Road, Suite #100 Meridian, ID 83646 C. Representative: Kent Brown 3161 E. Springwood Drive Meridian, ID 83642 D. Applicant's Statement/Justification: Please see applicant's narrative for this information. Touchstone Place PP-] 3-009, CUP-13-003 and MDA-13-01 ] PAGE 2 EXHIBIT A V. PROCESS FACTS A. The subject applications are for a preliminary plat, conditional use permit and a development agreement modification. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 3, and 17, 2013 (Commission); July land 15 2013 (City Council) C. Radius notices mailed to properties within 300 feet on: May 23, 2013 (Commission); June 27, 2013 (City Council) D. Applicant posted notice on site by: June 10, 2013 (Commission); July 12, 2013 (City Council) VI. LAND USE A. Existing Land Use(s): The property is currently developed with a single family home. The existing home will be removed upon development of the multi -family project. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Undeveloped and developed commercial property, zoned RIM in Ada County and C-G South: Single family residences, zoned R-8 East: Single family residences and animal care facility, zoned R-8 and C-G West: Partially developed commercial property, zoned C-G C. History of Previous Actions: In 2006, the property received annexation (AZ-06-028), preliminary plat (PP-06-028) and conditional use permit (CUP-06-021) approval to develop a 48-unit multi- family development. A development agreement was required with the annexation approval and recorded as instrument # 106187189. The previous developer did not complete the subdivision process or commence the multi -family use thus the PP and CUP have expired. The development agreement remains in effect for the property. D. Utilities: a. Location of sewer: Sanitary sewer mains that are intended to provide service to this development is existing in N. Sandlin Avenue to the south. b. Location of water: Domestic water mains that are intended to provide service to this development are existing to the north in E. Fairview Avenue and in N. Sandlin Avenue to the south. C. Issues or concerns: Sanitary sewer and domestic water services must be extended though this development to the north subdivision boundary in N. Sandlin Lane, and west subdivision boundary W. Wilson Street. The development also falls on a domestic water pressure zone boundary, and therefore will be required to install a pressure reducing station in the vicinity of their south connection. E. Physical Features: L Canals/Ditches Irrigation: No major facilities impact the proposed development. However, a small sliver of the Settlers Canal bisects the northeast corner of the development adjacent to Fairview Avenue. If it has not already been tiled, the applicant shall responsible for tiling this portion of the canal. 2. Hazards: Staff is not aware of any hazards that exist on this site. Touchstone Place PP-13-009, CUP-13-003 and MDA-13-011 PAGE 3 EXHIBIT A 3. Flood Plain: NA VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Commercial" on the Comprehensive Plan Future Land Use Map. Chapter III (pg. 21-22) of the Comprehensive Plan contains a definition of the commercial designation. This definition includes multi -family residential as an acceptable use in commercial areas. As such the property was annexed with the R-15 zone to support the proposed multi -family use. The intent of the development is to increase density along the Fairview Corridor to support the various commercial uses in the area. Although the Comprehensive does not specify a maximum density for the proposed development within the Commercial designation, the underlying R-15 zoning district allows a maximum density of 15 dwelling units to the acre. The previous CUP approved 48 dwelling units with a gross density of 10.83 dwelling units to the acre. The new plan consists of 64-units with a gross density of 14.6 dwelling units to the acre. The gross density of the proposed development, albeit higher than the previous plan, is still consistent with the maximum density allowed in the R-15 zone. Because the commercial designation encourages multi -family development and the requested density is consistent with the R-15 zone, staff finds that the proposed development is consistent with the Comprehensive Plan and the UDC. Staff also 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, pg. 56) Stafffinds that this location is favorable for a multi family development because of its proximity to services along Fairview Avenue. Staff also recognizes the importance of providing diverse housing types throughout the community. The proposed development should help meet some of that demand. "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.0IF, pg. 45) City services will be provide and extended with the development of this site. "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.0IF, pg. 53) Stafffinds that this project acts as a good buffer between the commercial uses on Fairview Avenue and the existing single family residential properties to the south and east of the proposed development. The scale and bulk of these buildings are less than the previous ones which were three and four story structures. All of the proposed four plexes will be two-story in height and have a 2,000 square building footprint similar to a single family home. The applicant is also proposing a 14 foot building setback along the boundaries of the single family homes which is more than the minimum of 10 feet required by the multi family standards. Stafffinds the proposed development should be compatible with the adjacent single family uses. "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, pg. 48) Touchstone Place PP-13-009, CUP-13-003 and MDA-13-011 PAGE 4 EXHIBIT A A stub street is constructed along the south boundary of the proposed development. A small segment of public street will be constructed and stub to the partially developed commercial property to the west. The applicant is responsible for constructing a 5-foot wide attached sidewalk along this roadway. The submitted plat depicts the required 5-foot wide sidewalk along the east side off. Sandlin Avenue and the north side of E. Wilson Street. On the south side of E. Wilson Street the applicant must construct a 10 foot multi -use pathway per the City's Master Pathways plan. With the development of the multi family project, the applicant is proposing to construct a combination of 5-foot wide sidewalks and 7-foot wide sidewalks. The internal sidewalks extend through the development and along the east side of the proposed driveway providing a connection to Fairview Avenue. Staff is supportive of the proposed pedestrian connections. • "Encourage infill development in vacant/undeveloped areas within the City over fringe area development to halt the outward progression of urban development.:" (5.01.0213, pg. 69) The proposed development is an infill project consistent with this objective. • "Elevate quality of design for houses and apartments; evaluate the need for design review guidelines for single-family homes." (3.07.020, pg. 56) The structures within the proposed development will be subject to the design standards in UDC I1-3A-19 and the guidelines in the Meridian Design Manual. • Reduce the number of existing access points onto arterial streets by using methods such as cross access agreements, access management and frontage/backage roads (3.03.02N, Chapter 3, page 48). The applicant is proposing a driveway connection to Fairview in lieu of the public street which was previously approved. The recorded development agreement requires cross access to the County parcel to the west. However, a sliver has been split of from this property which could impact the cross access to the westerly County parcel. Staff is concerned this sliver could become a spite strip in the future and restricts the access from occurring. Since the parcel was part of the original parcel of record the applicant must coordinate with the adjacent property to include the parcel as a lot and block within the proposed development. If this is accomplished cross access to the county property could proceed as approved under the recorded development agreement. The submitted plat also shows cross access to the commercial property to the east. Providing cross access to both of these properties should help reduce driveways to Fairview Avenue. Based on the above analysis, staff is supportive of the proposed development as it is generally consistent with the comprehensive plan. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the permitted, accessory, conditional, and prohibited uses in the R-15 zoning district respectively. The proposed multi -family development is listed as a conditional use in the R-15 zoning district. The specific use standards listed in UDC 11-4-3-27 for multi -family developments apply to development of this site. Touchstone Place PP-13-009, CUP-13-003 and MDA-13-011 PAGE 5 EXHIBIT A C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district apply to development of this site. D. Landscaping Standards: 1. Parking Lot Landscaping: All parking lot landscaping must comply with the standards set forth in UDC 11-3B-8C. 2. A 25-foot wide landscape buffer is required adjacent to E. Fairview Avenue in accord with UDC Table 11-2A-7. Said buffer must comply with the standards set forth in UDC 11-3B- 7C. E. Parking Standards: UDC 11-3C-6A requires off-street vehicle parking to be provided on the site. For one bedroom units, 1.5 vehicle parking spaces are required per dwelling unit; at least one in a covered carport or garage. For 2-3 bedroom units, 2 parking spaces; at least one in a covered carport or garage. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: DEVELOPMENT AGREEMENT MODIFICATION (MDA): The subject property is governed by a development agreement (DA) recorded as instrument #106187189. Currently, the recorded DA restricts the development of this site to 48 dwelling units and two (2) residential building lots. The applicant is proposing sixteen (16) multi -family lots and 64 dwelling units. In order to move forward with the proposed development the recorded DA must be amended. Further analysis of the plat and the conditional use permit is provided below. See Exhibit B for the recommended changes to the development agreement. PRELIMINARY PLAT (PP): In 2006, a preliminary plat for this site was approved by the City. A final plat was never recorded. After the previous approvals, a sliver of the property along the west boundary of the driveway connection to Fairview Avenue was split from the subject parcel without proper subdivision approval from Ada County or the City of Meridian. The applicant is aware of this issue and has been given the contact information for the owner of the split property. Prior to the City Council hearing, Staff is requiring an amended plat to include the sliver (parcel #S1107120605) as part of a lot and block within the subdivision. The proposed preliminary plat consists of sixteen (16) buildable lots and six (6) common lots on approximately 4.38 acres. The sixteen (16) lots are proposed to develop with sixteen (16) two story four-plex structures containing sixty-four (64) two bedroom units. Lot sizes range in size between 3,700 square feet and 5,757 square feet. The proposed lots must be a minimum of 2,400 square feet per dwelling. All of the lots comply with the minimum lot size of the R-15 zone (see Exhibit A.2). NOTE: For the purposes of this application an aggregate total of the plat area was a factor for determining the plats conformance with the R-15 dimensional standards (64 X 2, 400 = 3.52 acres). As noted above, the plat exceeds the aforementioned acreage. Access: Access to the proposed development is provided from the extension of the public street (N. Sandlin Avenue) stubbed at the south boundary and a driveway connection to E. Fairview Avenue. The proposed public street will also stub to the partially developed commercial property to the west for future connectivity. The parking area and the internal drive aisles are proposed as a common lot (Lot 16, Block 1) within the development. Since this common lot provides the public street connections, Staff recommends the applicant add a note on the face of the plat or record a separate document and reference the recorded document number on the face of the plat that identifies a blanket cross access agreement and shared parking agreement for the entire complex. Touchstone Place PP-13-009, CUP-13-003 and MDA-13-011 PAGE 6 EXHIBIT A The driveway extension to E. Fairview Avenue is the critical extension with this project. The submitted plat depicts cross access to both adjacent properties to use the driveway connection. Staff is supportive of the proposed cross access between all properties however; if the parcel split issues (as described above) are not resolved with this application Staff is concerned that the split parcel could become a spite strip restricting the driveway access if/when the Ada County parcel to the west develops. On the east boundary of the driveway is an animal care facility. In 2009, the City approved a certificate of zoning compliance (CZC) for the expansion of that facility. A condition of approval of the CZC requires that land owner to vacate its Fairview access and take access from the applicant's proposed driveway. The animal clinic owner signed an agreement with the City to take access from the driveway once it was constructed. Staff recommends the applicant coordinate with this property owner, grant cross access to the property and construct the driveway to the eastern property boundary in the location approved with the animal clinic CZC. Landscaping: UDC Table 11-2A-7 requires a 25-foot wide landscape buffer adjacent to Fairview Avenue. A portion of this buffer is being provided via Lot 1, Block 1. As previously mentioned, the property along the west boundary of the Fairview driveway needs to be part of a lot and block of the proposed development. Once this parcel is included into the plat, a 25-foot wide landscape buffer must be provided adjacent to Fairview Avenue. Since this parcel is not viable to develop, staff recommends the applicant include this parcel as a common lot and landscape it consistent with the buffer on the east side of the driveway (Lot 1, Block 1). With the submittal of the final plat, parcel # S1107120605 should be included as a common lot as discussed above and landscaped in accord with UDC 11-3B-7C. Multi -use Pathway: The City's Master Pathways Plan designates a 10-foot multi -use pathway to on the subject property. Per discussions with the Parks Department, the applicant is proposing a 10-foot multi -use pathway adjacent to the south side of E. Wilson Street. Currently, the submitted plat depicts both a 5-foot wide sidewalk and the 10-foot wide multi -use pathway. Staff recommends the applicant coordinate with ACHD to see if the required pathway can replace the requirement for the sidewalk. Removing the 5-foot wide sidewalk would allow additional landscaping to be installed in the common lot (Lot 8, Block 1). Staff is supportive of the pathway becoming part of ACHD right-of-way. The pathway must comply with the standards set forth UDC 11-3A-8 and UDC 11-3B-12. Tree Mitigation: The submitted landscape plan indicates that several trees exist on the property. The applicant intends on preserving as many trees as possible. Staff is supportive of existing trees remaining part of the project. The applicant must coordinate with the City Arborist to determine which trees need to be mitigated. With final plat submittal, the submitted landscape plan must detail the mitigation plan coordinated with the City Arborist and demonstrate compliance with the tree mitigation standards in accord with UDC 11-3B-10. Fencing: The applicant is proposing to construct a 6-foot tall cedar fence along the east, north and segment along the south and west boundaries. Staff is supportive of the proposed fencing plan. All fencing constructed with this development must comply with UDC 11-3A-7. Ditches, Laterals, and Canals: The Settlers Canal traverses along E. Fairview Avenue east of the proposed Fairview driveway. Per UDC 11-3A-6 the Canal must be piped or otherwise covered. It appears the facility was piped during the expansion of the animal care facility developed to the east. If it is not the applicant must pipe the facility. With final plat submittal, staff recommends the applicant verify the canal is tiled. Touchstone Place PP-13-009, CUP-13-003 and MDA-13-011 PAGE 7 EXHIBIT A Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single - point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Existing Structure: An existing home will be removed from the property to make way for the proposed multi -family development. CONDITIONAL USE PERMIT (CUP): A conditional use permit is requested for a multi -family development in an R-15 zoning district in accord with UDC Table 11-2A-2. The proposed multi- family development consists of sixteen (16) two-story four-plex structures containing a total of sixty-four (64) dwelling units. Unit mix includes all two -bedroom units. The specific use standards for multi -family developments are contained in UDC 11-4-3-27. These standards apply to site design, common open space, site amenities, architectural character, landscaping, and maintenance. The proposed project generally complies with the following standards. a. Setbacks: Buildings shall provide a minimum setback of 10 feet, unless a greater setback is otherwise required by the UDC. (UDC Table 11-2A-7 requires a greater setback of 12 feet in the rear.) The setback depicted on the plan shows a minimum setback of 14 feet which complies with this requirement. b. Service areas: On -site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer or utility vaults shall be fully screened from view from any public street. The proposed trash enclosures are internal to the proposed development and will have limited visibility from the site. The trash enclosure adjacent to Lot 15, Block I encroaches into a 20 foot wide sanitary sewer easement that will be required with the platting of the property. Because the enclosure cannot encroach into the future easement, it must be relocated elsewhere on the site. If the enclosure is placed where it is visible from a public street, said enclosure must be screened in accord with the aforementioned standard. The applicant should also coordinate with Republic Services on appropriate location for the enclosure. c. Private, usable open space: A minimum of 80 square feet of private, usable open space is required 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. All of the units have 80 square feet of patio space (see Exhibit A. S). d. Developments with 20 units or more shall provide the following: A property management office, a maintenance storage area, a central mailbox location (including provisions for parcel mail), and a directory and map of the development at a convenient location. The applicant is not proposing to construct a property management office building. One of the units constructed on Lot 2, Block I will serve as the property manager's office. Exceptfor the maintenance storage area, all other items are accounted for on the submitted site plan. With the submittal of certificate of zoning compliance application, the applicant must revise the site plan to include a maintenance storage area. The storage area should be incorporated as a cohesive part of the development and not placed on the central open space. Touchstone Place PP-13-009, CUP-13-003 and MDA-13-011 PAGE 8 EXHIBIT A e. Parking: UDC 11-3C-6A requires off-street vehicle parking to be provided on the site. For 2-3 bedroom units, 2 parking spaces; at least one in a covered carport or garage is required. Based on the unit mix (64- 2-bedroom units), a combined total of 128 covered and uncovered parking stalls are required. The applicant is proposing a 64covered parking stalls and 73uncovered parking stalls which exceed this requirement. UDC 11-3C-6G requires one bicycle parking space per every 25 parking spaces. Based on this calculation; only five (5) bike parks are required by ordinance. On submitted site plan, three bike racks are proposed; each capable of supporting seven (7) bikes. In reviewing the floor plan for the units, the applicant has not provided any additional storage area for the units. Because storage space is limited on the site, staff recommends additional bike racks be provided in the development. With the submittal of certificate of zoning compliance application, the site plan must be revised to include two (2) bike racks capable of supporting seven (7) bikes; one on the east side and one on the south side of the proposed development. f. Common Open Space Design Requirements: UDC 11-4-3.27C requires a minimum of 250 square feet of outdoor common open space for each unit containing more than 500 square feet and up to 1,200 square feet of living area. (The common open space shall be not less than 400 square feet in area, and shall have a minimum length and width dimension of 20 feet.) Based on the proposed unit size (986 square feet), a minimum of 16, 000 square feet of common open space is required. The proposed project includes a centralized open space (12,713 square feet) which is approximately 79 percent of the required open space. Additional passive open space is provided along the perimeter of the proposed development. The project complies with the open space requirements. g. Amenities: All multi -family developments shall provide for quality of life, open space and recreation amenities to meet the particular needs of the residents. UDC 11-4-3-27 requires multi -family developments between 20 and 75 units provide a minimum of three (3) amenities; one from each of the aforementioned categories. The applicant is proposing the following qualifying amenities: 1) covered picnic area, 2) central open grassy area and 3) a play structure. Although the applicant is providing three (3) amenities, an amenity addressing the quality of life component of the ordinance has not been met. With the submittal of certificate ofzoning compliance application, the site plan must be revised to include a quality of life amenity set forth in UDC 11-4-3-27DI.a. h. Elevations: Elevations are required to meet the architectural standards set forth in UDC 11-4-3-27E. The applicant is proposing to construct sixteen (16) four plexes with the same architectural design. The proposed buildings provide variations in the roof planes and provide modulation in the fagades. All of the structures are proposed to incorporate a mix of building materials to include the following: stone wainscot on the front facade, and three (3) wood siding materials (board and batten, horizontal lap and shake) (see Exhibit A.5). The same building materials are proposed to screen the second story patios which staff believes enhances the architecture of the structures. The applicant is also proposing four (4) distinct color palettes of earth tone colors for the proposed development to provide color variation. While staff is supportive of the proposed material changes and the proposed color palette, staff is concerned that the development will have a monotonous design concept. Staff recommends the applicant incorporate a second building design that uses the same form and building materials but orient the materials differently on the facade of the structure providing a minimum of two variations in elevations. Staff also recommends the applicant place additional windows on the side elevations of the units for each master bedroom and dining area as depicted on the submitted floor plans. Touchstone Place PP-13-009, CUP-13-003 and MDA-13-011 PAGE 9 EXHIBIT A The site will also house fourteen (14) carport structures. The applicant has submitted a carport design which staff does not support. The Meridian Design Manual (E-2.3.2.4) encourages carport designs that complement the design of residential structures. Since the proposed four plexes incorporate a gable roof, staff recommends a similar designed carport. The proposed carports should be painted or powder coated to complement the overall color scheme for the development. Compliance with the aforementioned design changes will be required with the submittal of a certificate ofzoning compliance application. i. Landscaping: Staff has reviewed the submitted landscape for compliance with the UDC. The landscape plan, labeled Landscape Concept Plan, is approved with the following modifications/notes: • With CZC submittal, the applicant provide a landscape plan that is designed by a landscape architect, landscape designer or qualified nurseryman in accord with UDC 11-3B-3. • Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-3B-8C. Each planter island that serves a single row of parking spaces is required to be landscaped with at least one tree and shall be covered with low shrubs, lawn, or other vegetative groundcover. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Engineer's signature on the Final Plat. All standards of installation shall apply as listed in UDC 11-3B-14. j. Maintenance and Ownership Responsibilities: Per UDC 11-4-3-27G, a legally binding document shall be recorded that states the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features. The applicant must comply with this requirement and a single entity must manage the entire development. Certificate of Zoning Compliance: The applicant is required to submit an application for Certificate of Zoning Compliance for the proposed use prior to establishment of the new use in accord with UDC 11-513-1. The final plat must be recorded prior to issuance of a building permit for any of the proposed structures. 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 proposed site design and structures shall be consistent with the standards listed in UDC 11- 3A-19 and the guidelines listed in the Meridian Design Manual. In summary staff finds the proposed project complies with the future land use map, applicable policies of the Comprehensive plan and is conditioned to comply with the applicable development standards in the UDC. Based on the aforementioned analysis, staff recommends approval of the subject application. X. EXHIBITS A. Drawings 1. Vicinity Map 2. Proposed Preliminary Plat (REVISED) (dated: n^ i� 07/16/13) 3. Proposed Site Plan Touchstone Place PP-13-009, CUP-]3-003 and MDA-13-01 ] PAGE 10 EXHIBIT A 4. Proposed Landscape Plan 5. Proposed Building Elevations and Floor Plans B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Republic Services 6. Parks Department 7. Ada County Highway District C. Required Findings from Unified Development Code Touchstone Place PP-13-009, CUP-13-003 and MDA-13-011 PAGE 11 Exhibit A.1: Vicinity Map 1769 700 704 C-G 8 C-G 813 i 835 715 1425 R-15 304 U iZ EXHIBIT A 1— -E L751j �7 103 11 1795 1805 Carot-St '62 1370 1490 1 1 �R8 40 950 1722 z 161855 1385 20 900 980 0,_ 1621 1130 1330 1450 570 E -fafrW6w-Av-e C21 2 1351 1 1580 375 C2 1005 557f 1524 1515 1535 4.1 513: - & 152211. P hn 14971 !E �—EJC-Zb ��C, lwv, 7T :a 56 1453 1 1340 �A ILT. I WA194 14456,-%--- A ,\--I 3.. 757 Touchstone Place PP-13-009, CUP-13-003 and MDA-13-011 PAGE 12 EXHIBIT A Exhibit A.2: Proposed Preliminary Plat (REVISED) (dated: 84)2443 07/16/13) a®® o®� m®® aM® ®© ®v=® ®®® PRRUMINARY PLAT FOR OUCHSTO� PLA('15 SU[iDIVI$I,Qh t�r ' WA ini �,• '� N11 Touchstone Place PP-13-009, CUP-13-003 and MDA-13-011 PAGE 13 EXHIBIT A Exhibit A.3: Proposed Site Plan Touchstone Place PP-13-009, CUP-13-003 and MDA-13-011 PAGE 14 EXHIBIT A Exhibit A.4: Proposed Landscape Plan and Amenity Details FANNEW UROKPFIRPH S INSTANT — NI BILTMORE CO. EQUITY _ FFF, ���,OPRTIES F'AENPHI PROPERTIES INSTANTC PROPRTIE LLC EOUITY UY _ LLC PROPERTIES C TOUCHSTONE PLACE SUBDMSION LLC • it LEI LANDSCAPE CONCEPT PLAN j 1 1187 East Fairview Ax i I O : Menma,. bano wu { O+ 1 0 O • BLAU GALE y LANDSCAPE LEGEND UuMIMY SPECIES 2D Sr" 312E Q . . ru l�aAs .. TREES wlE alT AIIFAMAS CaNt1ftRUCTiaM _ utows • EARK"AOFF CALF A >r EN �. i PROP RTIE ME LJ - w-waswsr MCKSTEAD JA F � � �AI"Es '' CARPORT %, LANDSCAPE PLAN , I � • � � � 0 � __ Touchstone Place PP-13-009, CUP-] 3-003 and MDA-13-011 PAGE 15 EXHIBIT A Touchstone Place PP-13-009, CUP-]3-003 and MDA-13-011 PAGE 16 EXHIBIT A Exhibit A.5: Proposed Building Elevations and Floor Plans 5 Touchstone Place PP-13-009, CUP-] 3-003 and MDA-13-01 I P.A(il: 17 EXHIBIT A R�IG�� EIEYATIflN s ��� ELEVATION Touchstone Place PP-13-009, CUP-13-003 and MDA-13-011 PAGE 18 EXHIBIT A Ak 41 LJ LJ 2 FRONT ELEVATION +�Alfl 11-r.lUr LJ I I LJ SIDE ELEVATION .,KE-rC:H ALEXANDER FOURPLEX-CARPORTSTUDY CAIi1'3=?T STUDY Fir j i-,'jE AO.0 FRONT & SIDE ELEVATICA,c %/A CALE: 1/4- PATE: Touchstone Place PP-13-009, CUP-13-003 and MDA-13-011 PAGE 19 EXHIBIT A pp q Lrvr�G Rm L21'I1G AU HITO u-s•i tr-r . jw-'. ri tr-r [ - v-sair ........... ........ CTUR \(BATH LC 8 SAA�TyyH � 1 IL ST -r B.p—{ ai.BED900]I ! - BEDROOM .... lr-3+Mil'-7a.......... '..........Jr-2'ti1Rla.......... BED800V s�C*Bic LEVEL 1 -A A: 9U sqh - - - - - -- � LEVEL I-B P. 155-3 1l4" A. $64 sq 6 P: 155'-3" LML 2-A A:$04sgk Touchstone Place PP-13-009, CUP-13-003 and MDA-13-011 LEVEL 2-B A: 984 sq h PAGE 20 EXHIBIT A B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 DEVELOPMENT AGREEMENT MODIFCATION 1.1.1 The development agreement (DA) shall be signed by the property owner(s) and returned to the City within two years of the City Council granting approval. The amended DA shall include the following provisions: DA Instrument # 106187189 - Modify Section 4.1: strike through construction and development of multi -family development consisting of 48 dwelling units, 2 residential building lots and 2 common lots in a proposed R-15 zone on 4.55 acres pertinent to this AZ- 06-028 application. Insert: For the construction of a 64-unit multi family development consisting of 16 residential building lots and 7common lots in an R-1 S zoning district pertinent to frle number PP-13-009 and CUP-13-011. Modify Section 5.1, provision 46 to read: the maximum of 64 units shall be constructed on the site. Modify provision #9: add parcel #S1107120605 and #S1107120620. Add the following new provisions: Provision #11: The applicant shall grant cross access to parcel #51107110527 and construct the access driveway to the eastern property boundary in the location approved with the CZC- 09-056. The driveway shall be constructed prior to issuance of certificate of occupancy for the first structure. Provision #12: Development of the site shall substantially comply with the plat, site and landscape plans in Exhibits A.2, A.3, A. 4 and the building elevations included in Exhibit A.5, the conditions of approval listed herein, the design standards listed in UDC 11-3A-19, and the guidelines contained in the City of Meridian Design Manual. We ;Z1 1. P�F}Pi#1Pr-11 fa•1-l�nrisd^ +' + hE� c yr c the aBI31 i a ri�ti� il-�-k1E?-Tf l-la.LrM - - - m l l .,-c'ti2c`� - "mirrrcrir: 1.2 PRELIMINARY PLAT - SITE SPECIFIC CONDITIONS OF APPROVAL 1.2.1 Applicant shall meet all terms of the approved annexation (AZ-06-028) and any applicable provisions of the recorded development agreement (instrument #106187189). 1.2.2 The preliminary plat, prepared by Bailey Engineering, dated 48 Q4l_3 07/16/13, labeled C- lshall be revised as follows: The applicant shall add a note on the face of the plat or record a separate document and reference the recorded document number on the face of the plat that identifies a blanket cross access agreement and shared parking agreement for the entire multi -family complex (Lot16, Block 1) and the recorded cross access agreements as noted in the DA provisions # 9 and #11 above. Maintenance of all multi -family common areas shall be the responsibility of the Touchstone Place Subdivision Homeowners' Association. Prior to the City Council hearing, the applicant shall revise the plat and include parcel #51107120605 to the west as part of a lot and block within the proposed subdivision. Touchstone Place PP-13-009, CUP-13-003 and MDA-13-011 PAGE 21 EXHIBIT A • Other than the driveway access approved by ACHD, direct lot access to E. Fairview Avenue is prohibited. • Depict parcel #S 1107120605 as c9.;,m„fta40+ a non-b ild blQ 1 Said lot shall be landscaped in accord with UDC 11-3B-7C. of within the subdivision. 1.2.3 The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7. 1.2.4 The applicant shall record a final plat prior to obtaining a building permit for the proposed multi -family development. 1.2.5 Construct a 10-foot wide multi -use on the south side of E. Wilson Street. Said pathway shall be constructed in accord with UDC 11-3A-8 and UDC 11-313-12. Coordinate with ACHD regarding incorporating the 10-foot pathway as part of the right-of-way. 1.2.6 The existing residence shall be removed prior to City Engineer signature of the final plat. 1.2.7 Comply with all ACHD conditions of approval. 1.2.8 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC I 1-3A-6. With final plat submittal, the applicant shall verify the canal is tiled. 1.3 General Conditions of Approval 1.3.1 Comply with all bulk, use, and development standards of the R-15 zoning district listed in UDC Chapter 2 District regulations. 1.3.2 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. 1.3.3 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.3.4 Install all utilities consistent with the standards as set forth in UDC l 1-3A-21 and 11-3B-5J. 1.4 Process Conditions of Approval 1.4.1 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.2 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years, or 2) gain approval of a time extension asset forth in UDC 11-6B-7. 1.4.3 Staff failure to cite any specific ordinance provisions does not relieve the applicant from responsibility of compliance. 1.5 CONDITIONAL USE PERMIT - Site Specific Conditions of Approval 1.5.1 The site plan, labeled "Site Plan" is approved with the following changes: • The site plan must include two (2) more bike racks capable of supporting seven (7) bikes; one on the east side and one on the south side of the proposed development. • The applicant must revise the site plan to include a maintenance storage area. Said storage area shall be incorporated as cohesive part of the development and not placed on the central open space. • The trash enclosure adjacent to Lot 15, Block 1 encroaches into a 20-foot wide sanitary sewer easement that will be required with the platting of the property. Because the enclosure cannot encroach into the future easement, it must be relocated elsewhere on the Touchstone Place PP-13-009, CUP-] 3-003 and MDA-13-011 PAGE 22 EXHIBIT A site. If the enclosure is placed where it is visible from a public street, it must be screened. The applicant shall coordinate with Republic Services on appropriate location for the enclosure. • The minimum setback to the adjacent residences (east and south boundary) shall be 14 feet as proposed. .5.2 The landscape plan, labeled "Landscape Concept Plan" is approved with the following changes: • Landscaping along the foundation of the buildings shall comply with UDC 11-4-3-27-F. • Provide a minimum of 0.76 acres of common open space as proposed. The applicant is shall provide the following qualifying amenities: 1) covered picnic area, central open grassy area, 3) a play structure and include a quality of life amenity as set forth in UDC 11-4-3-27D1.a. • Depict parcel #S 1107120605 as g9mM9ft4QI a non-b >il able lot within the subdivision. Said lot shall be landscaped in accord with Lot 1, Block 1. • With final plat submittal, the submitted landscape plan must detail the mitigation plan coordinated with the City Arborist and demonstrate compliance with the tree mitigation standards in accord with UDC 11-3B-10. • With CZC submittal, the applicant shall provide a landscape plan that is designed by a landscape architect, landscape designer or qualified nurseryman in accord with UDC 1I- 3B-3. 1.5.3 The building elevations attached in Exhibit A.5, are approved with the following changes: • The applicant should incorporate a second building design that uses the same form and building materials but orient the materials differently on the favade of the structure providing a minimum of two variations in elevations. The applicant shall provide windows on the side elevations of the units for each master bedroom and dining area depicted on the submitted floor plans. At a minimum the applicant shall provide four color schemes as proposed. • The applicant has submitted a carport design which staff does not support. The Meridian Design Manual (E-2.3.2.4.) encourages carport designs that complement the design of residential structures. Carports for the proposed development shall 99! a be painted or powder coated to complement the overall color scheme for the development. 1.5.4 The developer shall comply with the specific use standards for multi -family developments listed in UDC 11-4-3-27. One of the units constructed on Lot 2, Block 1 must serve as the property manager's office as proposed. 1.5.5 Any fencing constructed on the site shall be consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B. 1.5.6 All roof and wall -mounted mechanical, electrical, communications, and service equipment shall be screened from public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means. 1.5.7 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 1.5.8 Maintenance of all common areas shall be the responsibility of the developer or assigns. Record legally binding documents that state the maintenance and ownership responsibilities Touchstone Place PP-13-009, CUP-13-003 and MDA-13-011 PAGE 23 EXHIBIT A for the management of the development, including but not limited to structures, parking, common areas, private streets, and other development features. A copy of the recorded document shall be submitted with the first Certificate of Zoning Compliance (CZC). The responsible party shall be a single entity overseeing the entire multi -family development. 1.5. 9 Construct all off-street parking areas consistent with the standards as set forth in UDC 11- 3B-SI, 11-3B-8C, and Chapter 3 Article C. Provide 137 parking stalls as proposed. At a minimum 64 of the 137 stalls proposed stalls must be covered. 1.5.10 Provide at least 80 square feet of private, useable open space, such as a patio or balcony/deck, for each multi -family dwelling unit in accordance with UDC 11-4-3-27B-3. 1.6 General Conditions of Approval 1.6.1 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. The outdoor lighting shall have downward shielding on the building and the perimeter lighting shall not impact the surrounding single family residences. 1.6.2 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.6.3 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A- 12. All HVAC equipment shall be screened from the street. 1.6.4 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the guidelines set forth in the City of Meridian Design Manual. 1.6.5 The conditional use approval shall be null and void if the applicant fails to 1) commence the use within two years as set forth in UDC 11-5B-6F 1 or 2) gain approval of a time extension asset forth in UDC 11-5B-6F4. 1.6.6 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance application and Design Review from the Planning Department, prior to submittal of building permit application. NOTE: A CZC application may include one or more multi -family units on a lot/parcel. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service for this development shall be from an extension of the existing main in N. Sandlin Avenue. Per Meridian City Code, the applicant shall install mains to and through this subdivision; to the north subdivision boundary in N. Sandlin Lane, and to the west subdivision boundary in W. Wilson Street. Applicant shall coordinate 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 Domestic water mains to provide service to this development will be from an extension of the existing main in N. Sandlin Avenue and E. Fairview Avenue. Per Meridian City Code, the boundary in N. Sandlin Lane, and to the west subdivision boundary in W. Wilapplicant shall install mains to and through this subdivision; to the north subdison Street. vision Applicant shall coordinate main size and routing with the Public Works Depar execute standard forms of easements for any mains that are retment, and quired to provide service outside of a public right-of-way. 2.3 The development falls on a domestic water pressure zone boundary, and therefore the Touchstone Place PP-13-009, CUP-] 3-003 and MDA-13-011 PAGE 24 EXHIBIT A applicant shall be required to install a pressure reducing station vault and conduit for power and teleme ry cabling in the vicinity Qf th .ir south connection in N. Sandlin -Avenue. The installation of the pressure reducing appt rtenances shall be the recn n Public sibility ofthe the Meridian Works De artment Applicant shall coordinate the vault and conduit def criteria with the Meridian Public Works De artment as art ofthe devel ment lan review grocess. 2.4 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 I V 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. 2.5 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. 2.6 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. 2.7 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.8 Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 2.9 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.10 All grading of the site shall be performed in conformance with MCC I 1-12-3H. 2.11 The engineer shall be required to certify that the roadway 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 said groundwater elevation. 2.12 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. 2.13 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. 2.14 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. 2.15 100 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 Touchstone Place PP-13-009, CUP-] 3-003 and MDA-13-011 PAGE 25 EXHIBIT A lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. 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. 2.16 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. Please contact Land Development Service for more information at 887-2211. 2.17 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. Please contact Land Development Service for more information at 887- 2211. 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 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 '/2" outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 '/2" outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 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 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1. 3.5 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 3.6 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in International Fire Code Section 505.1. 3.7 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. 3.8 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on -site fire hydrants and mains shall be provided where required by the code official as set forth in Touchstone Place PP-13-009, CUP-13-003 and MDA-13-011 PAGE 26 EXHIBIT A International Fire Code Section 507.5.1. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.9 All R-2 occupancies with 3 or more units shall be required to be fire sprinkled as set forth in International Fire Code Section 903.2.8. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to the site designs submitted with the application. 5. REPUBLIC SERVICES 5.1 The applicant shall submit a scaled site plan stamped approved by Republic Services verifying compliance with Republic Service's requirements with the CZC application. 6. PARKS DEPARTMENT 6.1 Construct a 10-foot wide multi -use pathway consistent with standards set forth in UDC 11- 3A-8. Said pathway shall be constructed along the south side of W. Wilson Street in lieu of the 5-foot wide attached sidewalk. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Dedicate 60-feet of right-of-wayright-of-w4y from centerline of Fairview Avenue abutting the site. The right-of-way purchase and sale agreement and deed must be completed and signed by the a licant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits) whichever occurs first Allow up to 30 business days to process the right-of-wqy dedication after receipt of all requested material. The District will purchase the right-of-way which is in addition to existing right of wav from available Corridor Preservation Funds. 7.1.2 The al2plicant should be re uired to construct a 5-foot wide sidewalk 53-feet from centerline of Fairview Avenue abutting the site 7.1.3 Provide the District with a permanent right-of-wayright-of-w4y easement for any sidewalk located outside of the dedicated right-of-way 7.1.4 Extend and construct Sandlin Avenue 45-feet north into the site then 124-feet west to the adjoining property as a 29-foot street section with curb gutter and 5-foot wide sidewalk on the north side of the street and 10-foot wide sidewalk on the south side of the street within 46-feet of right of way, as proposed. 7.1.5 Construct a 30-foot wide private local roadway, Jericho Lane to intersect Fairview Avenue approximately 1 364-feet west of Locust Grove 375 feet west of Stonehenge Way, 110 feet west of the Pet Care Clinic driveway, and 122-feet east of the nearest residential drivewa onto Fairview Avenue from the site. Touchstone Place PP-13-009, CUP-13-003 and MDA-13-011 PAGE 27 EXHIBIT A 7.1.6 Provide a 40-foot maximum wide driveway access a minimum of 75 feet (measured centerline -to -centerline) from Fairview Avenue to the east abutting Rroperty, the Pet Care Clinic, as previously required 7.1.7 Construct a 124-feet long stub street located approximately 678 feet south from Fairview Avenue (centerline to centerline) west to the abutting property. 7.1.8 Install a sign at the terminus of the stub street stating that "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 7.1.9 Construct a 30-foot wide private local roadway Wilson Lane to intersect Wilson Street approximately 128-feet east of the west property line and 390-feet west of Penrith Place 7.1.10 Pave the private roadways a minimum of 20 to 24-feet wide and at least 30 feet into the site beyond the edge of pavement of all public streets 7.1.11 Payment of impacts fees are due prior to issuance of a building Permit. 7.1.12 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 Any existing irrigation facilities shall be relocated outside of the ACHD right of way 7.2.2 Private sewer or water systems are prohibited from being located within the ACHD ri hg t of way. 7.2.3 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 Disabilities Act (ADA) requirements The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 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 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right -of -may or easement areas 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 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 b the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction 7.2.8 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. 7.2.9 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 7.2.10 Construction use and propegy development shall be in conformance with all ap lip cable requirements of ACHD prior to District approval for occupancy. Touchstone Place PP-13-009, CUP-13-003 and MDA-13-011 PAGE 28 EXHIBIT A 7.2.11 No change in the terms and conditions of this approval shall be valid unless thev are in writing and signer the he applicant or the applicant's authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.12 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. Touchstone Place PP-13-009, CUP-13-003 and MDA-13-011 PAGE 29 EXHIBIT A C. Required Findings from Unified Development Code 1. Preliminary Plat Findings: 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 and is consistent with this Unified Development Code; The Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that public services are available and will continue to be provided to the subject property. 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 water and sewer and any other utilities will be provided by the developer at their own cost, the 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; Some services are already being provided to the subject development. The Council finds there is public financial capability of supporting and continuing services for/to this development. e. The development will not be detrimental to the public health, safety or general welfare; and The Commission was not aware of any health, safety, or environmental problems associated with the platting of this property that should be brought to the Council's attention. ACHD considers road safety issues in their analysis. The Council considered all public testimony presented to determine if the proposed subdivision may cause health, safety or environmental problems. f. The development preserves significant natural, scenic or historic features. The Council finds there are no significant natural, scenic or historic features that will be lost with development of the site. 2. Conditional Use Permit Findings: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Council finds that if the site is designed in accord with the site plan in Exhibit A and the conditions of approval in Exhibit B, the site will be large enough to accommodate the Touchstone Place PP-13-009, CUP-13-003 and MDA-13-011 PAGE 30 EXHIBIT A proposed use and meet the dimensional and development regulations of the R-15 zoning district and the multi -family specific use standards. b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Council finds that the proposed multi -family residential use in the R-15 zone meets the objectives of the Comprehensive Plan and the UDC. 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 Council finds that the general design, construction, operation and maintenance of the multi -family use will be compatible with other residential and commercial uses in the general neighborhood and with the existing and intended character of the vicinity and will not adversely change the character of the area. The Council considered all public testimony that was be presented to determine whether or not the proposal will adversely affect the other properties in the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this staff report and constructs all improvements and operates the use in accordance with the UDC standards. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Council finds that sanitary sewer, domestic water and irrigation can be made available to the subject property. Please refer to comments prepared by the Public Works Department, Fire Department, Police Department and other agencies. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The Council finds that the applicant will pay to extend the City utilities into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay impact fees. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. The Council recognizes the fact that traffic and noise will increase with the approval of this development; however, whenever undeveloped property is developed the amount of traffic generation does increase. Touchstone Place PP-13-009, CUP-13-003 and MDA-13-011 PAGE 28 EXHIBIT A 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 Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. The Council referenced all public testimony that was presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance. Touchstone Place PP-13-009, CUP-13-003 and NMA-13-011 PAGE 29