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Volante Investments H-2020-0118 Findings Item#10. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN AND DECISION& ORDER In the matter of the request for modification to the existing Development Agreement(Inst.#2016- 060157) (MDA)to include a conceptual development plan for the eastern 15.89-acre portion of the subject property that is consistent with the Mixed Use—Regional(MU-R)Future Land Use Map designation in the Comprehensive Plan; Preliminary Plat(PP)consisting of 3 buildable lots on 34.62 acres of land in the C-G zoning district; and Conditional Use Permit(CUP)for a multi- family development consisting of 360 dwelling units on 15.89 acres of land in the C-G zoning district,located at 2600 &2700 E.Overland Rd.,by The Land Group. Case No(s).H-2020-0118(MDA); H-2021-0007(PP,CUP) For the City Council Hearing Date of: May 4,2021 (Findings on May 18,2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of May 4,2021,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of May 4, 2021, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 4,2021, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 4,2021,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 as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR VOLANTE INVESTMENTS H-2020-0118;SEASONS AT MERIDIAN/WELLS WINCO SUBDIVISION H-2021-0007 - I - Page 202 Item#10. Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of May 4,2021, 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 § I I-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for a Development Agreement modification, conditional use permit and preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of May 4,2021, 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 11-613-7A). 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 11-613-713). 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 1I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR VOLANTE INVESTMENTS H-2020-0118;SEASONS AT MERIDIAN/WELLS WINCO SUBDIVISION H-2021-0007 -2- Page 203 Item#10. 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 11-513-617). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. 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 May 4,2021. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR VOLANTE INVESTMENTS H-2020-0118;SEASONS AT MERIDIAN/WELLS WINCO SUBDIVISION H-2021-0007 -3 Page 204 Item#10. By action of the City Council at its regular meeting held on the 18th day of May 2021. COUNCIL PRESIDENT TREG BERNT VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 5-18-2021 Attest: Chris Johnson 5-18-2021 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 5-18-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR VOLANTE INVESTMENTS H-2020-0118;SEASONS AT MERIDIAN/WELLS WINCO SUBDIVISION H-2021-0007 -4 Page 205 item#,o. EXHIBIT A STAFF REPORT Q. WE I COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT HEARING May 4,2021 �� DATE: f ei Project Lflca Tian -- i TO: Mayor&City Council r FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: H-2021-0007—Seasons at _ Meridian/Winco Wells Subdivision H-2020-0118—Volante Investments LOCATION: 2600&2700 E. Overland Rd.,in the SE 1/4 of Section 17,Township 3N.,Range 1E.(Parcels: S 111743 8626, S1117438451) I. PROJECT DESCRIPTION The Applicant has submitted applications for the following: • Modification to the existing Development Agreement(Inst.#2016-060157)to include a conceptual development plan for the eastern 15.89-acre portion of the subject property that is consistent with the Mixed Use—Regional(MU-R)Future Land Use Map designation in the Comprehensive Plan; • Preliminary plat consisting of 3 buildable lots on 34.62 acres of land in the C-G zoning district,located at 2600 and 2700 E. Overland Rd.; and, • Conditional Use Permit for a multi-family development consisting of 360 dwelling units on 15.89 acres of land in the C-G zoning district,located at 2700 E. Overland Rd. Page 1 Page 206 item#,o. EXHIBIT A II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 34.62-acres Future Land Use Designation Mixed Use—Regional(MU-R) Existing Land Use Vacant/undeveloped land — Proposed Land Use(s) Commercial/retail(west parcel);multi-family development (east parcel) Current Zoning General Retail&Service Commercial(C-G) Proposed Zoning NA Lots(#and type;bldg/common) 3 buildable lots Phasing plan(#of phases) 2 Number of Residential Units(type 360 units[(180) 1-bedroom&(180)2-to 3-bedroom units] of units) Density(gross&net) 22.6(gross)/23 (net)units/acre Open Space(acres,total[%]/ 4.15 acres(26%) buffer/qualified) Amenities Clubhouse,fitness facilities,public art,open grassy area of at least 50'x 100',plaza,community garden;swimming pool, walking trails,children's play structure Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date;#of November 17,2020;and January 12,2021 (6 attendees) attendees: History(previous approvals) AZ Ord.#661,661A&665 (1994,Thomas&Wurst Properties);H-2016-0056(DA#2016-060157—Volante Investments) B. Community Metrics Description Details Page Ada County Highway District I` • Staff report(yes/no) Yes • Requires ACHD No Commission Action (yes/no) Traffic Impact Study Yes es/no Access One(1)public street access(S.Wells Ave.)is proposed via E. Overland Rd.,an (Arterial/Collectors/State arterial street;E. Cinema Dr.is proposed to be extended from the west boundary to Hwy/Local)(Existing S.Wells Ave. and Proposed) _ Traffic Level of Service Overland Rd.—Better than"D"(acceptable level of service is"E") Stub E. Cinema Dr. stops 50' short of the west boundary of the site—no other stub streets Street/Interconnectivity/ exist to this site. Cross Access Page 2 Page 207 tterr�#,o. EXHIBIT A Description Details Page Existing Road Network There are no existing internal roadways within the site;a curb cut in alignment with S.Wells Ave.on the south side of Overland Rd. exists on this site. Existing Arterial A curb,gutter and attached 7'wide sidewalk exists along Overland Rd.;no buffer Sidewalks/Buffers exists. Proposed Road Capital Improvements Plan(CIP)!Integrated Five Year Work Plan(IFYWP): Improvements • Overland Road is listed in the CIP to be widened to 7-lanes from Locust Grove Road to Eagle Road between 2036 and 2040. • The intersection of Eagle Road and Overland Road is listed in the CIP to be widened to 7- lanes on the north leg,8-lanes on the south,8-lanes east,and 8-lanes on the west leg,and signalized between 2031 and 2035. Fire Service • Distance to Fire 1.0 mile from Station#4 Station • Fire Response Time Within 5 minute response time goal • Resource Reliability 78%(goal is 80%or greater) • Risk Identification 2—current resources would not be adequate to supply service to this project. • Accessibility Meets all erquired access,road widths and turnarounds • Special/resource Will require an aerial device—can meet this need in the required time frame if a needs truck company is required. • Water Supply Requires 2,500 gallons per minute for 2 hours. • Other Police Service • Distance to Police 1.5 miles Station • Police Response 3:42(Priority 3);7:12(Priority 2); 10:31 (Priority 1) Time • Calls for Service , 3,400(in RD `M751')—between 3/1/19 and 2/28/21) • %of calls for service %of P3 CF5 2.2% split by priority %of P2 CFS 80.8% %of P1 US 15.6% %of PO CF5 1.1% • Accessibility • Specialty/resource needs • Crimes 309(RD—M751 —between 3/1/19 and 2/28/21) • Crashes 134(RD—M751—between 3/1/19 and 2/28/21) • Other MPD can service this area if approved.For more info,see: https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=223900&dbid=0&repo =MeridianCity _ West Ada School District Page 3 Page 208 EXHIBIT A • Distance(elem,ms,hs) Enrollment Ca aci Miles (Der.to Schmi • Capacity of Schools pepper Ridge Elementary 483 675 1.9 Lewis&Clark Middle School 838 1000 2.2 • #of Students Enrolled Mountain View High School 2201 2175 0.9 • Predicted#of students 36+/- generated from proposed development Wastewater • Distance to Sewer Directly adjacent in East Overland Raod. Services • Sewer Shed Five Mile Trunk Shed • Estimated Project Sewer See Application ERU's • WRRF Declining 14.08 Balance • Project Consistent with Yes WW Master Plan/Facility Plan • Impacts/Concerns •Flow added to pacel as part of record H-2020-0118 •No Permanent structures(buildings,carports,trash receptacle walls,fences, infiltration trenches,light poles,etc.)can be built within the utility easement. Water • Distance to Water Directly adjacent in East Overland Raod. Services • Pressure Zone 4 • Estimated Project Water See application ERU's • Water Quality There are two long deadends for fire hydrants which may result in poor water quality. • Project Consistent with Yes Water Master Plan • Impacts/Concerns There are two long deadends for fire hydrants that we would rather not have because these may cause potential water quality issue. Page 4 Page 209 � INI ■ ■ � - - � � _'.=��4 .�'�,� PA MON. ■� ■ i F es. -�' � k t. �:r r Y ' - AL ■■ ■■11■ 1111 loss NIII INII all - - _•w R- W i 11111 ■■■� 1�1�1 ■■■ ■ i� ■-- 11 . ■ � INI � ■■ . 64 . �l�E: '�F�E=F� ■ i • • • ••• • 1 • i• 1' • . • • • ' • • 11 . � • • item#,o. EXHIBIT A Jonathan Fragoso, Stonehill Morgan—7301 Peak Dr., Ste.200 IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 3/12/2021 4/16/2021 Radius notification mailed to properties within 300 feet 3/9/2021 4/13/2021 Public hearing notice sign posted 3/18/2021 4/20/2021 on site Nextdoor posting 3/9/2021 4/13/2021 V. COMPREHENSIVE PLAN (HTTPS://WWW.MERIDIANCITY.ORG/COMPPLAN): Land Use: This property is designated Mixed Use—Regional(MU-R)on the Future Land Use Map(FLUM). The purpose of the MU-R designation is to provide a mix of employment,retail,and residential dwellings and public uses near major arterial intersections.The intent is to integrate a variety of uses together,including residential,and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses.Developments should be anchored by uses that have a regional draw with the appropriate supporting uses.The developments are encouraged to be designed consistent with the conceptual MU-R plan depicted in Figure 3D(pg. 3-17). This site will be anchored by a WinCo grocery store,conceptually approved to develop on the west parcel,which should have a regional draw;other future commercial uses will also be developed south of WinCo.A multi-family development is proposed on the east parcel. In the overall MU-R designated area south of 1-84 there are a lot of commercial,office and employment uses but comparatively not a lot of residential dwellings.The provision of multi-family apartments in this vicinity will provide housing for workers in this area and the commercial retail/restaurant and other uses will provide needed services for these residents. When the City approved the conceptual development plan included in the Development Agreement for the WinCo grocery store on the west parcel,it was anticipated that a non-retail use would develop on the east parcel in order to provide the mix in uses desired in the MU-R designation for this area.Although the proposed design and uses aren't integrated as desired in MU-R designated areas,pathways and cross- walks are proposed for pedestrian connectivity to commercial uses.The Applicant's narrative states that existing residential neighbors to the east and employees of area businesses are encouraged to enjoy the perimeter loop pathway and plaza at the east boundary of the site. Transportation: There are no collector streets planned across this site per the Master Street Map(MSM). This site is accessed via Overland Rd.,a mobility corridor,on the south and E. Cinema Dr.,a local street,from the west.This site is approximately a half mile west of the Overland/Eagle Rd.intersection,a major arterial intersection,and the 1-84 interchange on Eagle Rd.ACHD is requiring additional right-of-way to be dedicated for Overland Rd.to be widened to provide a dedicated westbound right-turn lane at Wells Ave.when Wells is constructed to intersect Overland Rd.;a traffic signal will be installed at the Wells/Overland intersection prior to issuance of the first Certificate of Occupancy for the proposed multi-family development. Page 6 Page 211 ttem#,o. EXHIBIT A Overland Rd.is listed in the Capital Improvement Plan(CIP)to be widened to 7-lanes from Locust Grove to Eagle Road between 2036 and 2040.The intersection of Eagle and Overland Roads is listed in the CIP to be widened to 7-lanes on the north leg, 8-lanes on the south, 8-lanes on the east and 8-lanes on the west leg and signalized between 2031 and 2035. A Traffic Impact Study(TIS)was completed for the WinCo development in 2016 and approved by ACHD.A new TIS was prepared to analyze the additional trips for the proposed multi-family development and has been reviewed by ACHD. The multi-family project is estimated to generate 1,959 additional vehicle trips per day and 158 additional vehicle trips per hour in the PM peak hour based on the Traffic Impact Study(TIS) completed for this development in 2020.The WinCo Foods grocery store is estimated to generate 7,723 additional vehicle trips per day; 555 additional vehicle trips per hour in the PM peak hour and 820 additional trips per hour in the Saturday peak hour based on the TIS that was completed in 2016. The ACHD report states the PM peak hour traffic count for Overland Rd. is estimated to be 1,375,which will result in a PM peak hour level of service of better than"D".Acceptable level of service for a five-lane principal arterial is"B". Transit services are available to serve this site via Route 42. COMPREHENSIVE PLAN POLICIES(https://www.meridianciu.org/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): • "Encourage a variety of housing types that meet the needs,preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D) The proposed multi family apartments will contribute to the variety of housing types in the City and specifically in the southern portion of the City as desired. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval,and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer services are available and can be extended by the developer with development in accord with UDC 11-3A-21. • "Locate higher density housing near corridors with existing or planned transit,Downtown,and in proximity to employment centers."(2.01.01H) The proposed multi family development is located along a mobility arterial(Overland Rd.), which is a major east/west corridor proposed to be widened to 7-lanes;and in close proximity to neighboring employment centers in the Bonito and Silverstone subdivisions at Eagle/Overland; transit services are available to serve this area. • "Require all new development to create a site design compatible with surrounding uses through buffering,screening,transitional densities,and other best site design practices."(3.07.0IA) The proposed multi family development will provide a transition in uses and buffering between future commercial uses to the west and existing low-density residential uses to the east. The apartment buildings will be set back over 100'from the property line;with the existing homes being set back on average 250'from the shared property line, this creates approximately 350'of separation.A 25'wide landscape buffer planted with trees is also proposed along the east boundary for screening. Page 7 Page 212 item#,o. EXHIBIT A • "Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City."(2.01.01 G) The proposed multi family apartments will contribute to the mix of housing types available in the City. There is currently a mix of housing types within a mile of this site consisting of single family, townhomes and multi family apartments. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed multi family apartments should be compatible with existing single-family residential properties to the east as they are both residential in nature. To buffer the single-family homes from the apartments, a 25 foot wide landscape buffer is proposed along the east boundary of the site. • "With new subdivision plats,require the design and construction of pathway connections,easy pedestrian and bicycle access to parks,safe routes to schools,and the incorporation of usable open space with quality amenities."(2.02.01A) A pedestrian pathway loop is proposed around the perimeter of the development connecting to the sidewalk along Overland Rd.;internal pedestrian walkways are also proposed throughout the development to buildings and common areas/amenities. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A) The proposed development will connect to City water and sewer systems;services are proposed to be provided to and though this development in accord with current City plans. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe."(2.02.02) The area surrounding this vacant site is mostly developed and part of the City with the exception of the residential properties abutting the site to the east which are still in the County. Development of this infill property will result in more efficient provision ofpublic services. • "Require urban infrastructure be provided for all new developments,including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban sewer and water infrastructure and curb,gutter and sidewalks is required to be provided with development as proposed. • `Encourage and support mixed-use areas that provide the benefits of being able to live,shop,dine, play,and work in close proximity,thereby reducing vehicle trips,and enhancing overall livability and sustainability."(3.06.02B) The proposed project with multi family residential and a grocery store with nearby employment, restaurant, entertainiment, office and service uses will provide a good mix of uses that residents won't have to travel far for, thus reducing vehicle trips and enhancing overall livability and sustainability. • "Slow the outward progression of the City's limits by discouraging fringe area development; encourage development of vacant or underutilized parcels currently within City limits."(4.05.03B) Development of the subject vacant land, currently in the City limits, is encouraged over parcels on Page 8 Page 213 ►rem#,o. EXHIBIT A the fringe of the City. The development of this property will result in better provision of City services. In reviewing development applications,the following items will be considered in all Mixed-Use areas,per the Comprehensive Plan(pg.3-13): (Staffs analysis in italics) • "A mixed-use project should include at least three types of land uses.Exceptions may be granted for smaller sites on a case-by-case basis.This land use is not intended for high density residential development alone." The multi family development proposed on the eastern parcel will provide a residential land use type which will contribute to the mix of uses already in this area consisting of commercial(restaurants, retail, animal care), office(medical/dentist,financial,professional)and residential(single-family, townhomes and multi family).A grocery store is planned on the west parcel which will provide a needed service in this area. • "Where appropriate,higher density and/or multi-family residential development is encouraged for projects with the potential to serve as employment destination centers and when the project is adjacent to US 20/26,SH-55,SH-16 or SH-69." Although this area is not a large-scale employment destination center, there are a lot of smaller scale employment uses in this general area which is adjacent to I-84 and Eagle Rd./SH--55. • "Mixed Use areas are typically developed under a master or conceptual plan;during an annexation or rezone request,a development agreement will typically be required for developments with a Mixed- Use designation." The subject property is already included in a development agreement(DA)which was required as a provision of annexation.Because a conceptual development plan was not included previously for the east parcel, one is proposed with this application with the proposed amendment to the DA.A conceptual development plan for the west parcel was previously approved for a retail store(i.e. grocery store). • "In developments where multiple commercial and/or office buildings are proposed,the buildings should be arranged to create some form of common,usable area,such as a plaza or green space." No commercial and/or office buildings are proposed at this time. • "The site plan should depict a transitional use and/or landscaped buffering between commercial and existing low-or medium-density residential development." The proposed plan depicts a 25 foot wide landscaped buffer along the east boundary of the site to provide buffering between the multi family development and the abutting low-density residential development to the east. The proposed multi family development will provide a transition in uses between future commercial uses to the west and existing low-density residential uses to the east in Overland Way Subdivision,zoned RI in Ada County. The properties where the residential homes are located are also designated as MU-R on the FLUM. • "Community-serving facilities such as hospitals,clinics,churches,schools,parks,daycares,civic buildings,or public safety facilities are expected in larger mixed-use developments." No such uses are proposed in this development; however, there is a high school(Mountain View) and medical clinics to the southwest of this site in the larger overall area. St. Luke's hospital is less than a mile away to the northeast. • "Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks,plazas,outdoor gathering areas,open space,libraries,and schools are expected;outdoor seating areas at restaurants do not count." Page 9 Page 214 item#,o. EXHIBIT A No such uses are proposed in this development;however, as mentioned above, a high school exists to the southwest of this site and Gordon Harris park exists a half mile to the south. • "Mixed use areas should be centered around spaces that are well-designed public and quasi-public centers of activity. Spaces should be activated and incorporate permanent design elements and amenities that foster a wide variety of interests ranging from leisure to play.These areas should be thoughtfully integrated into the development and further placemaking opportunities considered." A limited mix of uses are proposed within this development. Although a mix of uses exist in the overall area, they are not designed around public/quasi-public spaces or centers of activity as desired. • "All mixed-use projects should be directly accessible to neighborhoods within the section by both vehicles and pedestrians." The existing and future commercial development to the west will be directly accessible by the proposed multi family development both by vehicles and pedestrians through the pathways proposed in the development. • "Alleys and roadways should be used to transition from dissimilar land uses,and between residential densities and housing types." The extension of Wells Ave. will provide a break and transition between the proposed multi family residential development on the east parcel and future commercial/retail uses on the west parcel. • "Because of the parcel configuration within Old Town,development is not subject to the Mixed-Use standards listed herein." The subject property is not located in Old Town;therefore, this item is not applicable. In reviewing development applications,the following items will be considered in MU-R areas,per the Comprehensive Plan(pgs.3-16 thru 3-17): • Development should generally comply with the general guidelines for development in all Mixed Use areas. Staffs analysis on the proposed project's compliance with these guidelines is included above. • Residential uses should comprise a minimum of 10%of the development area at gross densities ranging from 6 to 40 units/acre.There is neither a minimum nor maximum imposed on non-retail commercial uses such as office,clean industry,or entertainment uses. Multi family uses are proposed at a gross density of 22.6 units/acre for approximately 45%of the subject property governed by the DA. • Retail commercial uses should comprise a maximum of 50%of the development area. Retail commercial uses will comprise of approximately 33%of the development area governed by the DA on Lot 2,Block 1;other commercial uses are anticipated to develop on Lot 1,Block 2. Where the development proposes public and quasi-public uses to support the development,the developer may be eligible for additional area for retail development(beyond the allowed 50%),based on the ratios below: • For land that is designated for a public use,such as a library or school,the developer is eligible for a 2:1 bonus.That is to say,if there is a one-acre library site planned and dedicated,the project would be eligible for two additional acres of retail development. • For active open space or passive recreation areas,such as a park,tot-lot,or playfield,the developer Page 10 Page 215 item#,o. EXHIBIT A is eligible for a 2:1 bonus.That is to say,if the park is 10 acres in area,the site would be eligible for 20 additional acres of retail development. • For plazas that are integrated into a retail project,the developer would be eligible for a 6:1 bonus. Such plazas should provide a focal point(such as a fountain,statue,and water feature),seating areas, and some weather protection.That would mean that by providing a half-acre plaza,the developer would be eligible for three additional acres of retail development. This guideline is not applicable as no public/quasi-public uses are proposed in the MU-R designated area on this site. Staff believes the proposed development plan is generally consistent with the vision of the Comprehensive Plan as discussed above. VI. STAFF ANALYSIS A. DEVELOPMENT AGREEMENT MODIFICATION(MDA) A modification to the existing Development Agreement(DA)(Inst.#2016-0060157—H-2016-0056), approved in 2016,is proposed to exclude the east parcel(#S 111743845 1)from the agreement.A new DA is proposed for the east parcel.This will accommodate the change in ownership of the east parcel if the conditional use permit is approved for the multi-family development. The existing DA includes a conceptual development plan for the west parcel(#S 1117438626),which depicts the extension of E.Cinema Dr. from the west boundary of the site to the east boundary, intersecting with S.Wells Ave.proposed to be extended along the east boundary from E. Overland Rd. An 85,000 square foot single-story retail building(grocery store)with associated parking is depicted on the north side of E. Cinema Dr. and vacant land with no development plan is depicted on the south side. At the time the original DA was approved,a use and development plan was not known for the east parcel. Therefore,a provision was included in the DA that requires the agreement to be amended to include a conceptual development plan that demonstrates consistency with the MU-R FLUM designation in the Comprehensive Plan prior to any development occurring on the site. The proposed development plan for the east parcel is a 360-unit multi-family development as shown on the site plan in Section VIII.C.As discussed above in Section V, Staff believes the proposed plan contributes to the mix of uses desired in the MU-R designation and provides a transition and buffer between commercial uses to the west and the low-density residential development to the east(i.e. Overland Way Subdivision).The addition of more residential uses in this area will provide more patrons for surrounding commercial/retail/restaurant and office(medical/dental)businesses as well as offer employment options in close proximity of the residents. Staff recommends the existing DA is revised to exclude the east parcel as requested and recommends a new provision requiring the property to be subdivided prior to submittal of any Certificate of Zoning Compliance and Design Review applications.Staff further recommends provisions for the new DA for the east parcel as discussed below and noted in Section IX.A. B. PRELIMINARY PLAT The proposed preliminary plat consists of 3 buildable lots on 34.62 acres of land in the C-G zoning district and is proposed to develop in two(2)phases(see Section VIII.A). The first phase consists of the extension of S.Wells Ave.to E. Cinema Dr.and includes the east parcel;the second phase consists of the extension of E. Cinema Dr. from Wells to the west boundary of the site and includes the west parcel. Right-of-way for the extension of S.Wells Ave.and E. Cinema Dr. is proposed to be dedicated with the plat. Page 11 Page 216 item#,o. EXHIBIT A Existing Structures/Site Improvements: There are no existing structures on this site.The only existing site improvement is curb, gutter and a 7- foot wide attached sidewalk along E. Overland Rd. Dimensional Standards(UDC jam): The proposed plat and subsequent development is required to comply with the dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district.In the C-G district,there are no minimum setback requirements;however,future buildings may not encroach within required street buffers and residential structures must have minimum 20-foot separation between structures. Access(UDC11_3A_31: Access is proposed from Overland Rd.,a mobility arterial,via the extension of S.Wells Ave.,a local street that exists on the south side of Overland;E. Cinema Dr.,a local street,is also proposed to be extended from the west boundary to intersect with Wells along the east boundary of Lot 1,Block 2. There is a 50'+1-long section of Cinema Dr.just west of the site that has not yet been constructed; ACHD is requiring the Applicant to enter into a CDA for construction of this off-site portion with this development and will provide reimbursement. One access driveway is proposed via Wells in alignment with Cinema Dr. and one access driveway is proposed to the north/south driveway north of Wells for the multi-family development;Wells is not proposed to extend past Cinema Dr. as a public street. Several driveways are proposed to Lot 2,Block 1 and Lot 1,Block 2 via Cinema Dr.; one driveway is proposed on Lot 1,Block 2 via Wells as depicted on the plat in Section VIII.A.The 1-84 off-ramp runs along the northern boundary of the site. Direct access via Overland Rd.,except for the emergency access,and the 1-84 off-ramp is prohibited. There are no existing stub streets to this property and no stub streets are required with the subdivision. Typically,cross-access isn't required between multi-family developments and commercial uses; however,if the Commission and Council feels a cross-access driveway and easement should be provided to the MU-R designated area to the east(currently developed with single-family residential homes)for future interconnectivity,a condition requiring such should be added.If required,Staff recommends it be located on the northern portion of the site to Parcel #R6744800055,which is owned by RJR Holdings and may redevelop sooner than the other properties. An emergency only access is proposed via E. Overland Rd.near the east boundary of the multi-family portion of the site;access will be restricted in accord with Fire Dept.requirements. In order to provide interconnectivity between uses in a timelier manner and disperse traffic,Staff recommends the extension of E.Cinema Dr.from the west boundary of the site to S.Wells Ave. occurs with the first phase of development. Road Improvements: Additional right-of-way(ROW)is required to be dedicated to total 62-feet from the centerline of Overland Rd. abutting the site consistent with the Capital Improvement Plan(CIP)and Master Street Map(MSM)for Overland Rd.to be widened to 7-lanes.A dedicated westbound right-turn lane is required to be constructed on Overland Rd. at Wells Ave. The plat should be revised to include the additional ROW dedication and right-turn lane;the street buffer shall be located outside of the ultimate ROW for these improvements. When Wells is constructed to intersect Overland Rd.,a dedicated westbound right-turn lane on Overland is required to be constructed; additional right-of-way should be dedicated to accommodate the turn-lane. Page 12 Page 217 item#,o. EXHIBIT A No additional street improvements should be required as part of this application(see Section IX.J for more information). Pathways(UDC 11-3A-8): There are no multi-use pathways depicted on the Pathways Master Plan for this site.A 10-foot wide pathway is proposed as an amenity for the multi-family development on Lot 1,Block 1 that loops around the property through the street buffers along I-84 and S.Wells Ave. and connects to the sidewalk along E. Overland Rd. Sidewalks(UDC 11-3A-17): Sidewalks are required to be constructed adjacent to all public streets as set forth in UDC 11-3A-17. Detached sidewalks are required along arterial and collector streets; attached sidewalks are required along local streets. Because the existing 7-foot wide attached sidewalk along Overland Rd. is in good condition, Staff does not recommend replacement with a new detached sidewalk;however,if/when it's replaced in the future, a detached sidewalk should be constructed. Attached sidewalks are depicted on the landscape plan along E. Cinema Dr. and S.Wells Ave.,both local streets;the landscape plan submitted for the CUP application depicts a meandering detached sidewalk along Wells—this discrepancy should be corrected. Landscaping(UDC 11-3B): Street buffer landscaping is required to be provided with the subdivision in accord with the widths specified in UDC Table 11-2B-3 for the C-G zoning district and planted in accord with the standards listed in UDC 11-3B-7C.A landscape plan was submitted for the proposed subdivision landscaping, included in Section VIII.B. Required street buffer widths are as follows:25-feet along E. Overland Rd.,an arterial street; 10-feet along S.Wells Ave. and E.Cinema Dr.,both local streets; and 35-feet along the 1-84 off-ramp,an entryway corridor. Street buffer widths are proposed on the landscape plan in accord with these standards. The plan is missing the street buffer along I-84 on the west parcel(Lot 2,Block 1);the plan should be revised to include this buffer. The number of trees proposed in buffers meets the minimum standard;however,a mix of trees and shrubs with lawn or other vegetative groundcover is required—shrubs should be added to the buffers in accord with UDC 11-3B-7C.3a.Street buffers are required to be placed in a common lot or on a permanent dedicated buffer,maintained by the property owner or business owners' association;the plat should be revised accordingly. Waterways(UDC 11-3A-A�: There are no large waterways that cross this site.There is a ditch that runs along the east and north boundaries of the eastern parcel,which is required to be piped or otherwise covered in accord with UDC 11-3A-6B.3.This ditch provides water to downstream users.A 10-foot wide ITD irrigation easement is depicted on the plan along the north boundary of the east parcel;no structures should encroach within this easement;if an open ditch exists within the easement,it should be piped. Utilities(UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC 11-3A-21. Sewer and water services are available in Overland Rd.; service stubs should be provided to the properties to the east and west. Street lighting is required to be installed in accord with the City's adopted standards,specifications and ordinances. Pressurized Irrigation System(UDC 11-3A-15): Underground pressurized irrigation water is required to be provided to each lot within the subdivision as set forth in UDC 11-3A-15. Page 13 Page 218 item#,o. EXHIBIT A 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.A geotechnical investigation report was submitted with this application. C. CONDITIONAL USE PERMIT FOR MULTI-FAMILY DEVELOPMENT Conditional use permit for a multi-family development consisting of 360 residential units[(180) 1- bedroom&(180)2-to 3-bedroom units] on 15.89 acres of land in the C-G zoning district at a gross density of 22.6 units per acre.A total of(10)2-and 3-story structures are proposed with 36 dwelling units per building,ranging in size from 488 to 1,328 square feet. This development is proposed to be constructed in one phase. 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: Site Design: 1. 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 proposed site plan complies with this standard. 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 not visible from a public street;all proposed transformer/utility vaults and other service areas shall comply with this requirement. 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 11-513-5 of this title. The Applicant's narrative states a minimum of 80 square feet ofprivate usable open space will be provided for each unit in the form of balconies and patios. Floor plans should be submitted with the Certificate of Zoning Compliance application that demonstrate compliance with this standard. 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. 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. The Applicant shall comply with this requirement. 6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to All Districts",of this title. The proposed parking meets and exceeds UDC standards(see parking analysis below). 7. Developments with twenty(20)units or more shall provide the following: Page 14 Page 219 item#,o. EXHIBIT A 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.(Ord. 18-1773,4-24-2018) The Applicant's narrative states these items will be provided;the site plan submitted with the Certificate of Zoning Compliance application should depict the location of these items in accord with this standard. 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. 15 units contain less than 500 square feet(sf.)of living area; therefore, a total of 2,250 sf. (or 0.05-acre) is required. 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.315 units are between 500 and 1,200 sf.;therefore, a total of 78,750 sf. (or 1.81-acres)of common open space is required. c. Three hundred fifty(350) square feet for each unit containing more than one thousand two hundred(1,200) square feet of living area. 30 units contain more than 1,200 sf.; therefore, 10,500 sf. (or 0.24-acre)of common open space is required. At a minimum, a total of 91,500 sf. (or 2.10-acre)of outdoor common open space is required to be provided in the proposed development.A total of 165,485 square feet(or 3.8-acres)is proposed to be provided consisting of linear open space with a loop pathway, courtyard amenity space, a dog park, community center and swimming pool, as shown in Section HITE, in accord with UDC standards. 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 depicted on the open space exhibit in Section HIT E meet 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. This project is proposed to develop in one 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,ef£retroactive to 2-4-2009)All of the common open space area is proposed central to the development except for linear open space along I-84 and S. Wells Ave. where a 10 foot wide pathway is proposed.Because the site already complies with the open space standards without this area and because a pathway amenity is proposed within these areas, Staff is supportive of inclusion of these areas in the open space calculations. 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: Page 15 Page 220 item#,o. EXHIBIT A 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 360 proposed units, a minimum of 5 amenities are required but the decision-making body is authorized to consider additional similar amenities if they believe the proposed amenities aren't adequate for the size of the development. The following amenities are proposed from each category:a clubhouse with a swimming pool, bike maintenance room,fitness facilities, parcel lockers, remote work/classroom stations, and a coffee bar;an outdoor fireplace with a seating and a BBQ;public art;half-mile pedestrian loop with a 10 foot wide pathway and internal pathways; (18)grassy areas of at least 50'x 50'in size, including a dog park, multiple courtyards,park areas with seating, a plaza and pocket libraries; community garden; and a children's play structure. E. Landscaping Requirements: 1. Development shall meet the minimum landscaping requirements in accord with chapter 3, "Regulations Applying to All Districts",of this title. Page 16 Page 221 item#,o. EXHIBIT A 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(Y)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 submitted with the Certificate of Zoning Compliance application should depict landscaping along the street facing elevations adjacent to E. Overland Rd and S. Wells Ave.in accord with these standards. 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. The Applicant shall comply with this requirement. Landscaping(UDC 11-3B): Street buffer landscaping is required to be provided with the subdivision improvements as noted above in Section VI.B. The site and landscape plans should be revised to include the additional ROW dedication and right-turn lane for Overland Rd.;the street buffer shall be located outside of the ultimate ROW for these improvements. Landscaping is required to be provided along pathways per the standards listed in UDC 11-3B-12C.A mix of trees,shrubs,lawn and/or other vegetative ground cover with a minimum of one(1)tree per 100 linear feet of pathway is required along the pathway within the buffer along the I-84 off- ramp. A 25-foot wide buffer planted with trees is proposed along the east boundary to existing low-density single-family residential homes. Structures are set back over 100 feet from the shared property line and the existing homes are set back on average of 250 feet from the property line,creating approximately 350 feet of separation between uses.The proposed buffer will provide added screening in this area in addition to mature trees on adjacent residential properties. Because residential uses are proposed adjacent to I-84,noise abatement is required to be provided within the buffer along I-84 in accord with the standards listed in UDC 11-3H-4D.Noise abatement in the form of a berm or a berm and wall combination shall be provided approximately parallel to the freeway.The top of the berm or berm/wall shall be a minimum of 10-feet higher than the elevation at the centerline of the freeway. The Applicant is not proposing to construct a berm and/or wall as required and requests alternative compliance to this standard. Alternative compliance(ALT)to the noise abatement standards is requested because the buildings along the northern boundary of the site are set back at least 250-feet from the freeway.A letter was submitted from a qualified sound engineer with an alternate recommendation for noise abatement in the form of double-paned windows for all units facing I-84 and the off-ramp and minimizing the number of window openings facing the freeway. The letter states that in his opinion,double-paned windows are preferable to a wall and will provide adequate noise abatement for this site for the following(summarized)reasons: 1)the site is too distant from I-84 for a wall to be effective—the further a potential noise receptor is from the noise source,the more community noise becomes a factor;2)the elevation difference and terrain features cover up the tires of the vehicles from both I-84 and the eastbound off-ramp which benefits the ground floor of the apartments—the terrain provides sufficient mitigation for tire noise;3)ITD noise policy doesn't contemplate any mitigation for second or third floors of Page 17 Page 222 ►rem#,o. EXHIBIT A receptors in an apartment complex—noise walls are typically not feasible from an engineering basis and a cost basis.Storm windows will provide a 25-dB reduction as compared to a MB reduction with a noise wall and provides a more cost effective and superior noise mitigation option than a wall.See the Applicant's narrative, Exhibit B,for this information(pgs. 16-18). Based on the analysis from the sound engineer,the Director is supportive of the request for ALT for double-pane storm windows to be provided in all units within the development.ITD has annroved the request. Parking: Off-street vehicle parking is required for the proposed multi-family dwellings as set forth in UDC Table 11-3C-6.Based on(180) 1-bedroom units and(180)2-and 3-bedroom units,a minimum of 630 off-street spaces are required with 270 of those being in a covered carport or garage. Off-street parking is required for the clubhouse as set forth in UDC 11-3C-6B.1 for non-residential uses.Based on 7,900 square feet,a minimum of 16 spaces are required to be provided. Overall,a minimum of 646 spaces are required. A total of 655 spaces are proposed for the overall site with 360 of those being in covered carports, which is 9 extra spaces over the minimum required for the overall site.Although the proposed parking meets the minimum standards,Staff is concerned there may not be adequate parking for the site to accommodate guests.The Commission and Council should determine if additional parking should be provided as a condition of approval of the CUP. Bicycle parking is required per the standards listed in UDC 11-3C-6G and should comply with the standards listed in UDC 11-3C-5C.One bicycle parking space is required for every 25 proposed vehicle parking spaces or portion thereof.Based on 655 spaces,a minimum of 27 spaces are required; a total of 36 spaces are proposed in excess of UDC standards. Bike racks should be provided in central locations for each building as proposed. Fencing:No fencing is depicted on the landscape plan for this development.A 6-foot tall wood fence exists along the southern portion of the east boundary on the adjacent residential property; Staff is unsure what other fencing may exist to the north of that at the rear of residential properties.A fence is also depicted on the plat along the northern boundary of the east parcel. The Applicant states a privacy fence is proposed along the east boundary of the site; materials and sizing to be determined pending meeting with neighbors and project approval from the City.Staff recommends prior to the City Council hearing details of the proposed fencing type are submitted. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations in a"contemporary farmhouse"theme were submitted for the proposed residential structures on the site as shown in Section VIII.F.Two-and three-story rooflines with hip roofs and steep gables are proposed consistent with the"farmhouse"style.Building materials consist of a combination of vertical board and batten siding,stucco and decorative balcony rails along with varied color schemes. Stairways are concealed from public view. "L"shaped buildings are proposed for variety to soften the massing of the architecture and provide private pocket parks for each building. An administrative Design Review application is required to be submitted for approval of the design of all of the multi-family structures and the clubhouse prior to submittal of building permit application for those structures.An application for Certificate of Zoning Compliance is also required to be submitted along with the Design Review application. Page 18 Page 223 item#,o. EXHIBIT A VII. DECISION A. Staff: Staff recommends approval of the proposed modification to the existing Development Agreement, Preliminary Plat and Conditional Use Permit per the provisions included in Section IX in accord with the Findings in Section X. B. The Meridian Planning&Zoning Commission heard these items on April 1 s`.At the public hearing,the Commission moved to recommend approval of the subject CUP and 1. Summary of Commission public hearing_ a. In favor: Deb Nelson,Givens Pursely(Applicant's Representative);Ryan Mora, Morgan b. In opposition:None C. Commenting:Josh Cirelli;Vanessa Cirelli d. Written testimony:Deb Nelson,Givens Pursely(Applicant's RepresentativeK Ryan Morgan,Morgan Stonehill Partners Development Co.(Applicant's e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:Bill Parsons 2. Key issue(s) testimony a. Not in favor of how the development interfaces with the residential development to the east(location of structures,trash enclosures,setbacks,etc), b. Concern pertaining to the traffic this development will generate; c. Question pertaining to type of fencing proposed along east boundary; d. Concern pertaining to loss of commercial space for residential use. 3. Ke, ids)of discussion by Commission: a. The timing of the extension of Cinema Dr. (1st or 2nd phase); b. The use of commercial property for residential uses—in favor in this instance; c. Whether or not noise abatement(enhanced buffering)in some form other than gpproved with ALT should be required; d. The adequacy of the proposed parking—the Commission felt it is adequate and the adjacent commercial development may allow for overflow parking if 4. Commission change(s)to Staff recommendation: a. Require the right-of-way for Cinema Dr.to be included in the Phase 1 plat and constructed prior to issuance of the first Certificate of Occupancy permit of the multi- family development; b. The Applicant should work with the neighbors to the east on the type of fencing to be constructed along the east boundary of the multi-family development. 5. Outstanding. issue(s)for City Council: a. None B. The Meridian City Council heard these items on May 4,2021.At the public hearing, the City Council moved to approve the subject MDA, CUP and PP requests. 1. Summary of Commission public hearing_ a. In favor: Deb Nelson,Givens Pursley(Applicant's Representative); yan Morgan b. In opposition: C. Commenting: Todd Ebeling,Josh Cirelli; Mark Bergdorf d. Written testimony: Deb Nelson,Givens Pursley(Applicant's Representative); Greg Page 19 Page 224 item#,o. EXHIBIT A Goins,Winco Foods; Chanelle Buckner e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: Joe Bon ig orno 2. Key issue sofpublic testimony a. Concern pertainingto o impacts on traffic from this development and livabili , of the community; b. Preference for commercial vs. high density residential use of this property c. Questions pertaining to access to irrigation water and type of fencing proposed along the east boundary of the site. d. Testimony from the Applicant that a 6-foot tall woodgrain vinyl fence will be installed along the eastern boundary of the site. 3. Key issue(s)of discussion by City Council: a. The adequacy of parking proposed for the development; b. The impact of the proposed development on area schools; c. The timing of the extension of E. Cinema Dr. from Wells to the west boundary of the site(i.e. 151 or 2nd phase d. In favor of the proposed design style/theme of the development(i.e. contemporary farmhouse)—desire for the carport structures to coincide with the style of development. 4. City Council change(s)to Commission's recommendation: a. Include a requirement for a minimum 6-foot tall woodgrain vinyl fence to be installed along eastern boundary of the site as proposed b, t�pplicant(see condition#IX.A.1 Of). b. Modification of the requirement for E. Cinema Dr. to be extended with the first phase of development in favor of the second phase(condition IX.A.3c). c. Requirement for the design of the carport structures to coincide with the contemporary farmhouse theme/style of the development and to be reviewed with the Design Review application(condition IX.A.I I Page 20 Page 225 ►rem#,o. EXHIBIT A VIII. EXHIBITS A. Preliminary Plat(date: 02/4/2021)&Phasing Plan CM 19 EYE �� } } ` �E � � �_��a�.a_•,��_�..�._.o.�. 1 I PMNE nYF f E LI a - __6pIlAJApl��s�.a- s / !9 iw µnwmnwp A dLk a a 4 3 .e a E a - ---- — �_= ��__ _ €I� PFeliFninary Plat Winco Wells Subdivision m pF T -• PP01 Page 21 Page 226 item#,o. EXHIBIT A B. Landscape Plan for Preliminary Plat(dated: 3/31/21) a .---- - h- o® - I �J d rs ` d a €. Name 5 I : i wnasn..e s:h Phn _..__ ,:..:L,�. d O� rau \\\ � s 2 J I : I I� II . w� g Lan&Gal a Site Plan �~ T... _ iz Page 22 Page 227 ►rem#,o. EXHIBIT A C. Site Plan for Multi-Family Portion of Development(date: 1/14/2020) Zc �x o Q � o i � Z i CID R A AE z n # ` 0 ,. 0 1 -------------------- i � 0. z o 0 n N m o n i n a A N r � o °o ' y - n x = A m n®® m n®® A_ 0 i r n � - 'z O k _ t 1 11111111 o Ln 0 0 m EAST OVERLAND RO G'1 ❑ n m t+� z � O o r x p m Z Page 23 Page 228 ►rem#,o. EXHIBIT A ®6F U6�ADREs1 BRENING wMRi R�R� RAR.DR�RRDMD� RAR4LIMD RRAWDED RA....... AT D MRESIDEk A M�6, nYw RESI.._URDSI 1Ac14ET—AFF,A-N AUREsI .PLANT NIFI GND, BSTEET ➢RE➢IREDHSPA� 6 GPD�D�H➢M LFI DRD WNi DTAL� MII RPARKING REDMRm S1(5TUDIV) 4D9 GF 15 T.M SF 4X t-SF AT(1 BEDROOM, 7045F 12D 84,40 SF 6 5- T 74)6 d6Y A211 REDRUOM7 722 GF 45 32,490 BF 1TR,4lWF-3ASFNk D1[2 DEpi00Ml 1092 GF 30 32,T6U GF c ITTAILOPENSTEREGGRED E2 I2 BEDROOM) 1,136 SF 75 85;m SF 42°L G312 REDROOM7 11%GF 45 51,12D GF GI(E DEIXi00M7 I SF 30 39,54D SF R% TOTIl RESUlE1f11ALVURS 160 BUB"'43F ID6% g�yf AVEMf£DNRSIZE 9Pfi SF 63,7415E %EF PROJECT DATA MORGAN HOLDINGS& � THE J)J J STONE HILL A7Ejp$O LGRUP AND NORJpSDFS[cN SEASONS AT MERIDIAN N N M E R I D I A , I D A H O ..SD NEWMAN GARRISON PARTNERS.ALL RIGHTS RESERVED.THE CON CEPi3 AND➢RAWINGS ARE PROTECTED UN➢ER U.S.AN➢INTERNATIONAL CO PT RIGNi AN INi ELLECTUAL PROPERTY LAWSD CANNOT BE USE➢IN ANY MANNER WITHOUT ElP RE53 WRITT EN CO NUE Ni, Page 24 Page 229 item#,o. EXHIBIT A D. Landscape Plan for Multi-Family Development(CUP)(dated: 11/24/20) GENERAL LANOSGAPE NOME PI SCNEUIf rirm oErrxA ET�ax xo a Pm r u — IS xwRy w�n SiN srruri uortxias awrviusa ixarwiu xoreE uu�exEowa � w Es ersuswcF to a nue n T. i �r�wmoxnxa.r�x.mw wwurmox�xE�wrxwm worvEr.axax r�iuixEruxxixcowumwr. LANDSCAPE NOTES MORGAN HOL➢INGS& THE .,�,�,LH$ STONE HILL 'All6ROHP NUKPJS'DESECN SEASONS AT MERIDIAN NG �,=.- ccr x�ex rc.irx�.xe�c MERIDIA IDAHO 02020 NEWMAN GARRISON P PARTNERS.ALL RIGHTS RESERVED.THE CONCEPTS AND DRAWINGS ARE PROTECTED UNDER U.S.AND INTERNATIONAL COPYRIGHT AND INEEL LECTUAL PROPE RIP LAWS AND CANNOT RE USED IN ANY MANNER WITHOUT EXPRESS WR 171 EN CONSENT. Page 25 Page 230 ' n►nf' y„-� +�di i �� rfa �_- •iilil.:�. I LIM 111111111111111111111113:i ":... 11llw w x,a_ w w�. € !II v_ �' •■ LJI~ w w ali El.. -,Ica m al w� iil�? i31� wu 1_lil - nJ r► Ir •:! 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Conceptual Building Elevations&Renderings for Multi-Family Structures&Clubhouse A, 4 I R VISION IMAGERY-CLUBHOUSE MORGAN HOLolxcs a ME �)�J N(;I sror9EHnL seouR NOfKS°�1°" SEASONS AT MERIDIAN 1 ORl R9exfwx.x G.RRifOx a P.RTNF91-.LL R�Gx15 RESERVES.INF CONCFPI3•Np O9nMmG5•RF PRPifCTEp�xp ER Y.S.•Np Ix l—TI-1 COPYRIGXf.NO INIEt LlCI WL PROPERTY I.MS•xp C—OT RE Ott IN.NY-NCR-NUVT E%PRESS WRITTEN CO—T- I o0o ee VISION IMAGERY- RESIDENTIAL BUILDIINGS MORGANHOLDINGS& THE JJJJ ^ STONE HILL �V DES SEASONS AT MERIDIAN �G 1 p l n N -P n o owe•fxx.x G.eelsox.r.Rldes....R�G.Is RFsfR.fo.I•!coxclPls.•p pe.w�.Gs.Re r9PIfcIle xxeeR..s..xp�•*ERx.T�Px..coP.R�GNI.No iNI1..Fc l.•L PRPPER Ir I.w1.np c.•xoI se.sco�x.xr..N.fR x�I xa�I F.PRlss we�.IT.ce•sFHI. Page 30 Page 235 23 0:0�- Will, -1AR ME "Al .. ............. 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IIII �� ■■ ��:��: a- �I I•I��h� �,,�,� ' I'illlllll SOUTH ELEVATION • EXHIBIT A a3 � e s ROOF ISO ARD AND BATTEN SIDING STUCCO COLOR ASPHALTSHINGLE ROOFING DUNN EDWARDS PAINTS DUNN EDWARDS PAINTS COLOR-CHARCOAL COLOR-DEW 380 WHITE COLOR-DET 625 RECLAIMED WOOD WOOD/COMPOSITE,FASCIA, VINYL WINDOWS BOARD AND BATTEN SIDING TRIM,COLUMNS,RAILINGS COLOR-BRONZE FIBER CEMENT DUNN EDWARDS PAINTS COLOR-DEW WD WHITE COLOR AND MATERIAL MORGAN HOLDINGS& THE JJ J J N _' STONE HILL LAN Up NORJt,Is DESIGN SEASONS A T MERIDIAN �+IIT OHaue MERIDIAN, IDAHO ax�ecT axoz�a I Daze.i�.zazofo 0x0UU u[wf.SA,GApp150N r IA1T—$,ALL pIGNTS x[SSxv[o,THE CONCEIT$All UpawING$All 110TICTIl UNU[x U.S.All INTSx NArIONAt COITIIGHT All INTILLICTUAL Ip 1-1 L115 ANo CANNOT eS US IN All 1AnI-11THO.UT SVIp[SS—1-1 CONSENT• it 71 >I FI w I ��yAyRy1,� .AS U L TING SIN AMILY O.ELL] .l./IN CARPORT CARPORT L H-0" 0' 16' 32' SITE SECTION AT EAST PROPERTY LINE MORGANHOLDINGS& NANR JJJJ NG 1 O STONE HILL 6RORR Noglts oFs�icn SEASONS A T MERIDIAN nT c.i�z e.zoo MERIDIAN, I D A H D ®1U1U NSw I•MAN Gap plSoN r IAIT-1,ALL pIGNTS 1 Ep 11,THI CONCEITS All IlAwi NGS ApE IpOiECTEU UNU£p U.S.ANU II—NATIONAL COLT 11GH1 All INTELLECTUAL 11-111T 1113 ANU CANNOT sS USID IN All MANNEp 111HOU1 III p[SS wpaiiSN CONSENT. Page 34 — Page 239 EXHIBIT A G. Legal Description for Property at 2600 E. Overland Rd. EXHIBIT A 2600 Overland Road Property Description PABEEL I A parcel of land located in the SIN 114 of the SE 114 Section 17, Township 3 North, flange 1 East, Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the S114 comer of said Section 17 from which the SE corner of said Section 17 bears North W46'00" East, 265&88 feet; thence North 00"24'05"East, 45.00 feet to the SE corner of Destination Place Subdivision tiled in Book 93 of Plats at Pages 111g0 through 11192, records of Ada County, Idaho, said point being the REAL POINT OF BEGINNING; thence along the East boundary line of said Destination Place Subdivision Nodh 00°24'05"East, 1,181.25 feet to a point on the southerly right-of-way line of Interstate 84; thence along said southerly right-of-way line the following.3 courses and distances: thence North 81"35'27"East, 158.13 feet; thence South 86°18'23"East,471.33 feet; thence 63.33 feet along the arc of a non-tangent curve to the right, said curve having a radius of 1,8e9_86 feet, a central angle of 02°00'17"and a long chord of 53,32 feet which bears South 86'10'34"East; thence leaving said southerly right-af-way line South 00"24'05"West, 1134.59 feet to a point on the North right-of-way line of E. Overland Road; thence along said North right-of-way line the following 4 courses and distances: thence South 88°59'52"Vilest, 71.96 feet: thence South 00°24'05"West, 11.58 feet; thence South 45°33'34"West,28.68 feet, thence South 89°46'00"West, 597.70 feet to the REAL POINT OF BEGINNING. Containing 18.74 acres, more or less. a � 729: Page 35 Page 240 item#,o. EXHIBIT A H. Legal Description for Property at 2700 E. Overland Rd. EXHIBIT A C=. 2700 Overland Road r,n>ac.M, zz Property Description A parcel of land located in the!SW 114 of the 5E 114 Section 17,Township 3 North, Mange 1 East, Boise Meridian,McOdiian,Ada County,Idaho, bsiltg more particularly described as follows: Commencing at the S114 corner of said Section 17 from which the SE comer of said Section 17 bears Nerth 89°4fi'0o"East,2656.88 feet; thence North DV240Y East,45.00 feet to the SE corner of DeslinaWrz Place Subdivlslon filed in F�ook 93 of Plats at Pages 11190 through 11192,records of Ada Counly,Jdaho,said point also being an the North fight-of-way line of E. Overland Road; thence along said Nutt nght-of-way line the following 4 courses and distances: #dance North 89°46'W'East,597.70 feet; thence North 45"33'34"East,25.68 feet; thence North 00"247t75"East, 11.69feet; thence North 89'69'62"Zast,71.96 feet to the REAL PC NT DF BEGINNING; thence leaving said North right-of-way line North 00124'05"East. 1134.59 feet to a point on the sorftherly right-af--way line of Interstate 8+4. thence along said southefiy right-of-way line the following 2 courses and distances: thence 633,16 feet along the arc of a nor-tangent curve to the right,said Curve hwng a radius of 1,809.86 feet, a central angW of 2064239"and a long chord of 629.93 feet which bears South 74'0706"East; thence South 64'07'46"East, 23.82 fact to a point on the West boundary line of Overland Way Subdivislon filed In Book 48 of Plats at Pages 3798 and 3799, records of Arta County, Idaho; thence along said West boundary line South 00606'32"East,96O.B3 feet to n paint on the Noffh right-of way line of E. Overland Road; thence along said North fight-of y line the following 4 Courses and,dislances: thence South 89'48'0(Y'West,600.41 feet thence North 41°WW'West,29.30€eet; thence Forth 00'24'05'East,9,19 feet; thence South B9°69"52"West, 18.04 feet to the REAL POINT OF BEGINNIN Containing 15_675 acres, more or less. p 4R� EL 77 a m �� 1�1rYJ� yti fp�0 P%p� Q` Page 36 Page 241 item#,o. EXHIBIT A IX. CITY/AGENCY COMMENTS&CONDITIONS A. PLANNING DIVISION Development Agreement Modification: 1. The existing Development Agreement(DA)(Inst.#2016-060157)shall be amended to exclude the east parcel(#S 111743 845 1)from the agreement and to include the following additional provision: a. The subject property shall be subdivided prior to submittal of any Certificate of Zoning Compliance and Design Review applications for the site. The amended DA shall be signed by the property owner(s)and returned to the City within six(6) months of City Council granting the subject modification. New Development Agreement: 2. Anew Development Agreement(DA)shall be required for the east parcel(#S 1 1 1 743 845 1)that shall include the site plan in Section VIII.0 and the following provisions: a. Development of the site shall be generally consistent with the conceptual development plan, landscape plan,qualified open space/amenities exhibit and building elevations included in Section VIII and shall comply with the provisions contained herein. b. All structures in the multi-family development shall comply with the design standards listed in the Architectural Standards Manual.An administrative Design Review application is required to be submitted and approved for the structures within this development prior to submittal of building permit applications for these structures.An application for Certificate of Zoning Compliance is also required to be submitted along with Design Review application for approval of the proposed use and site design. d. The subject property shall be subdivided prior to submittal of any Certificate of Zoning Compliance and Design Review applications for the overall site. e. The traffic signal at the E. Overland Rd./S.Wells Ave. intersection shall be installed prior to issuance of the first Certificate of Occupancy for the multi-family development as deemed warranted by the Traffic Impact Study. The DA shall be signed by the property owner(s)and returned to the City within six(6)months of City Council granting the subject modification. Preliminary Plat: 3. The final plat shall include the following revisions: a. All street buffers are required to be placed in a common lot or on a permanent dedicated buffer, maintained by the property owner or business owners' association,as set forth in UDC 11-3B- 7C.2b. b. Depict the street buffer along E. Overland Rd. outside of the ultimate right-of-way for the widening of Overland to 7-lanes. c. The extension of E. Cinema Dr. shall be inel,aoa ift occur with the fir-A second phase of development. 4. The landscape plan included in Section VIII.B shall be revised as follows: a. Landscaping is required to be provided adjacent to the pathway within the buffer along the 1-84 off-ramp per the standards listed in UDC 11-3B-12C.A mix of trees, shrubs, lawn and/or other vegetative ground cover with a minimum of one(1) tree per 100 linear feet of pathway is required. Page 37 Page 242 item#,o. EXHIBIT A b. Depict a minimum 35-foot wide street buffer along the I-84 off-ramp on Lots 1 and 2,Block 1 in accord with UDC Table 11-213-3,landscaped per the standards in UDC 11-313-7C. c. Include shrubs(along with the trees and lawn or other vegetative groundcover)in the proposed street buffers as set forth in UDC 11-3B-7C.3a. d. Street buffers are required to be placed in a common lot or on a permanent dedicated buffer, maintained by the property owner or business owners' association as set forth in UDC 11-313- 7C.2. e. Depict the street buffer along E. Overland Rd. outside of the ultimate right-of-way for the widening of Overland to 7-lanes. f. Depict a detached sidewalk within the street buffer along the east side of S.Wells Ave. consistent with that shown on the landscape plan associated with the conditional use permit. Conditional Use Permit: 5. The multi-family development shall have an ongoing obligation to comply with the specific use standards listed in UDC 11-4-3-27. 6. For each of the multi-family units,a minimum of eighty(80)square feet of private,usable open space shall be provided for each unit as set forth in UDC 11-4-3-27B.3.This requirement can be satisfied through porches,patios,decks,and/or enclosed yards.Floor plans with square footage noted for patios and balconies shall be submitted with the Certificate of Zoning Compliance application that demonstrate compliance with this standard. 7. The multi-family development shall record a legally binding document 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 as set forth in UDC 11-4-3-27F. A recorded copy of said document shall be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy for the development. 8. Comply with building code requirements for separation between structures within the development. 9. The Applicant's request for Alternative Compliance to the noise abatment standards listed in UDC 11-3H-4D is approved by the Director.Double-pane storm windows shall be provided in all units within the development as alternative compliance consistent with the sound engineer's recommendation. Confirmation oflTD's approval was submitted. 10. The site and/or landscape plan submitted with the Certificate of Zoning Compliance shall be revised as follows: a. Depict the locations of the property management office,maintenance storage area,central mailbox location(including provisions for parcel mail,that provide safe pedestrian and/or vehicular access), and a directory and map of the development at an entrance or convenient location for those entering the development in accord with UDC 11-4-3-27B.7. b. All transformer and utility vaults and other service areas shall be located in an area not visible from a public street,or shall be fully screened from view from a public street in accord with UDC 11-4-3-27B.2. c. Depict landscaping along the foundations of all street facing elevations adjacent to E. Overland Rd. and S.Wells Ave. as set forth in UDC 11-4-3-27E.2. d. Include a detail of the outdoor fireplace,BBQ,public art and children's play structure. Page 38 Page 243 item#,o. EXHIBIT A e. Depict a gate across the emergency access driveway from Overland Rd.as required by the Fire Dept. f. Depict a minimum 6-foot tall woodgrain vinyl fence along the eastern boundary of the site as proposed by the Applicant. 11. The design of the carport structures shall be consistent with the style of development (i.e. contemporary farmhouse) of the multi-family structures as discussed at the City Council hearing B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 No Permanent structures(buildings,carports,trash receptacle walls,fences,infiltration trenches, light poles,etc.)can be built within the utility easement. 1.2 There needs to be a water easement from the deadend water main to the eastern property line at both the northeast deadend and the central east deadend for future connection. 1.3 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6 of the City's Design Standards. 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 I I"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, Page 39 Page 244 item#,o. EXHIBIT A 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 40 Page 245 item#,o. EXHIBIT A 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 41 Page 246 ttem#,o. EXHIBIT A 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 by s:llweblink.meridiancity.orglWebLink/DocView.aspx?id=225419&dbid=0&repo=MeridianCity&cr =1 D. POLICE DEPARTMENT by s:llweblink.meridiancity.org/WebLinklDocView.aspx?id=223900&dbid=0&repo=MeridianCitX E. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=224575&dbid=0&repo=MeridianCity F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridiancit y.orglWebLinkIDocView.aspx?id=224333&dbid=0&repo=MeridianCitX G. CENTRAL DISTRICT HEALTH DEPARTMENT(CDHD) https:llweblink.meridiancit y.orglWebLinkIDocView.aspx?id=223473&dbid=0&repo=MeridianCitX H. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridiancity.orglWebLink/DocView.aspx?id=223532&dbid=0&repo=MeridianCity I. WEST ADA SCHOOL DISTRICT(WASD) https://weblink.meridiancity.orglWebLink/DocView.aspx?id=224862&dbid=0&repo=MeridianCity J. ADA COUNTY HIGHWAY DISTRICT(ACHD) hyps://weblink.meridiancity.org/WebLink/DocView.aspx?id=224820&dbid=0&repo=MeridianCitX Page 42 Page 247 item#,o. EXHIBIT A X. FINDINGS A. 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) The City Council finds the proposed plat is generally in conformance with the UDC if the Applicant complies with the Development Agreement provisions and conditions of approval in Section VIII. 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; The City Council finds 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; The City Council finds 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; The City Council finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health,safety or general welfare;and The City Council finds 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.(Ord. 05-1170, 8-30-2005, eff.9-15-2005) The City Council is unaware of any significant natural,scenic or historic features that need to be preserved with this development. B. Conditional Use Permit(UDC 11-513-6E) 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. The City Council finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the C-G district(see Analysis, 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. The City Council finds that the proposed use is consistent with the future land use map designation of MU-C and is allowed as a conditional use in UDC Table 11-2B-2 in the C-G zoning district. Page 43 Page 248 ►rem#,o. EXHIBIT 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. The City Council finds the proposed design of the development, construction, operation and maintenance should be compatible with the mix of other uses planned for this area and with the intended character of the area and that such uses will not adversely change the character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. 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. The City Council finds that essentialpublic services are available to thisproperty and that the use will be adequately served by these facilities. C. Alternative Compliance(UDC 11-513-5): In order to grant approval of an alternative compliance application,the Director shall determine the following: l. Strict adherence or application of the requirements is not feasible; OR The Director finds strict adherence to the standards listed in UDC 11-3H-4D is feasible although not entirely effective due to the height of the proposed structures. 2. The alternative compliance provides an equal or superior means for meeting the requirements;and The Director finds the proposed alternative compliance of providing double pane storm windows on all units as noise abatement to the traffic on 1-84 provides a superior means for meeting the requirements in UDC 11-3H-4D. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Director finds that the proposed alternative means will not be detrimental to the public welfare or impair the intended use%haracter of the surrounding properties. Page 44 Page 249