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CC - Staff Report 10-12 Page 1 HEARING DATE: 10/12/2021 TO: Mayor & City Council FROM: Alan Tiefenbach, Associate Planner 208-884-5533 SUBJECT: H-2021-0027 Heron Village (Phase 2) LOCATION: The site is located at 51, 125 and 185 E. Blue Heron Ln, in a portion of Government Lot 6 of Section 6, Township 3 North, Range 1 East. I. PROJECT DESCRIPTION This is a proposal for annexation of 1.36 acres of land with the R-40 zoning district, rezoning of 4.18 acres of land from C-G and R-8 to R-40, and a Conditional Use Permit to allow expansion of an existing multifamily complex to allow 36 additional units in two new buildings. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 1.36 acres being annexed, 5.54 acres being rezoned to R-40 Future Land Use Designation MU-N Existing Land Use(s) Single Family Residential / Rural Proposed Land Use(s) Multifamily Lots (# and type; bldg./common) Existing development is on 5 lots, one more lot would be annexed. Phasing Plan (# of phases) One phase Number of Residential Units (type of units) 108 existing, 36 more proposed Density 19.6 du/acre (total) Open Space (acres, total [%]/buffer/qualified) Existing – 1.58 acres (29%), Usable .96 acres (17%) Proposed – 10,200 sq. ft. req’d, 15,300 sq. ft. proposed Amenities Existing amenities include half basketball court, plaza containing benches and trellis, 1,620 sq. ft. clubhouse with exercise room, playground, horseshoe pit, barbeques and picnic tables. STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Page 2 Description Details Page Proposed amenities include 70’x100’ grassy area, park benches and picnic tables, enclosed bike storage. Physical Features (waterways, hazards, flood plain, hillside) None Neighborhood meeting date; # of attendees: February 10, 2021 – 7 attendees Staff has received 2 letters and 5 voicemails in opposition to this request. Issues expressed include parking along E. Blue Heron and lack of emergency access. History (previous approvals) AZ 01-014, CUP 12-0021, MCU 13-005, CZC 13-038, DES 13-039) B. Community Metrics Description Details Page Ada County Highway District • Staff report (yes/no) Yes • Requires ACHD Commission Action (yes/no) No Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) One existing access from E. Blue Heron Ln (local road), one additional access proposed from E. Blue Heron Ln Existing Road Network E. Blue Heron Ln (local road) and N. Meridian Rd (arterial) Existing Arterial Sidewalks / Buffers • Sidewalk already exists along N. Meridian Rd. • 5’ wide sidewalk is constructed along the portion of Blue Heron Ln of which the existing multifamily development exists • The landscape plan indicates this sidewalk will be extended along the frontage of the additional property where the expansions are proposed. Proposed Road Improvements Staff is recommending an existing pathway connecting the east terminus of E. Blue Heron to N. Eureka Ave be widened for emergency access only. Distance to nearest City Park (+ size) ½ mile to Settler’s Park, ¾ mile to 8th St Park, Distance to other key services 0.5 mile +/- to shopping center and commercial services at N. Meridian Rd / E. Fairview Ave intersection. Fire Service • Distance to Fire Station 1.8 miles to Fire Station 3 • Fire Response Time < 5 minutes • Resource Reliability 78% • Risk Identification 2 – current resources not adequate to supply service • Accessibility Meets all requirements • Special/resource needs Aerial device will be required • Water Supply 2,250 gpm • Other Comments • All buildings must be sprinklered. • Fire has expressed issues with parking availability and cars parked along W. Blue Heron. • Fire has recommended secondary emergency access to N. Eureka Rd. Police Service • No comments West Ada School District Page 3 Description Details Page • Distance (elem, ms, hs) 4.4 elem, 1.7 ms, 2.6 hs • # of Students Enrolled 4 additional school-aged children projected Wastewater • Distance to Sewer Services N/A • Sewer Shed Five Mile Trunkshed • Estimated Project Sewer ERU’s See application • WRRF Declining Balance 14.16 • Project Consistent with WW Master Plan/Facility Plan Yes Water • Distance to Water Services 0 • Pressure Zone 2 • Estimated Project Water ERU’s See application • Water Quality No concerns • Project Consistent with Water Master Plan Yes • Impacts/Concerns • No proposed water infrastructure submitted with this record. Engineering must review any new infrastructure. Connect to existing apartment development to west and to Blue Heron Ln. • Existing water services must be abandoned at the main in Blue Heron Ln. • Both addresses (125 and 185 E Blue Heron Ln) have a meter to the site. If these meters are not used they need to be abandoned at the main. • Provide looping of water line from Blue Heron Rd to existing water line to the west in Heron Village. • Provide water stub to east property boundary to facility future looping. • Ensure no permanent structures (trees, bushes, buildings, carports, trash receptacle walls, fences, infiltration trenches, light poles, etc.) are built within the utility easement. Page 4 C. Project Area Maps Zoning Map Future Land Use Aerial Map Planned Development Map Page 5 III. Applicant Information A. Applicant / Representative: Tamara Thompson – The Land Group, Inc – 462 E. Shore Dr, Ste. 100, Eagle, ID, 83616 B. Owner: PPHC Heron Property LLC – 28717 Grumman Dr., Eugene, OR 97402 IV. NOTICING Planning & Zoning Posting Date City Council Posting Date Newspaper Notification 6/25/2021 Radius notification mailed to properties within 300 feet 6/22/2021 Nextdoor posting 6/22/2021 Sign Posting 9/7/2021 V. STAFF ANALYSIS Background The existing Heron Village Apartments consist of 108 units in 5 buildings on 5.5 acres. 0.65 acres are zoned R-8 and were platted with the J. E. Pfost's Subdivision in 1908. The remaining 4.86 acres are zoned R-40 and C-G and were annexed in 2002 as the Ted Williams Annexation. There are several conditions of approval of this annexation regarding road and infrastructure improvements, but no development agreement. A conditional use permit was approved for the multifamily complex in 2013 (CUP 12-021). In 2014 a modification to the conditional use was approved (MCU-13-005) to allow replacement of several of the amenities. A Certificate of Zoning Compliance was approved in April of 2013 (CZC 13-038). In September of 2020, the applicant requested a pre-application meeting with staff to discuss annexation of an additional 1.36 acres of land to the east of the existing complex (185 E. Blue Heron Ln) to construct 36 more units in two buildings. Because the Heron Village Apartments were on several properties within different zone districts (C-G, R-40 and R-8) and because they were annexing and zoning additional property anyway, Staff recommended to the applicant that it would be preferable to rezone all of the associated properties to R-40. A. Annexation The proposed annexation area is contiguous to City annexed property and is within the Area of City Impact Boundary. A legal description and exhibit map for the annexation and rezone area is included in Section VII. There is not a development agreement with the existing development. As will be discussed below, staff and the applicant have discussed this project with the understanding that what is currently being proposed is a second phase and expansion to the existing development with shared parking, amenities and open space. To ensure this intent is met and the project develops cohesively, staff recommends this be reflected in a development agreement. Page 6 B. Future Land Use Map Designation (https://www.meridiancity.org/compplan) The Future Land Use Map designates the subject property for Mixed Use Neighborhood (MU-N). The purpose of this designation is to assign areas where neighborhood-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to avoid predominantly single-use developments by incorporating a variety of uses. Land uses in these areas should be primarily residential with supporting non-residential services. Non-residential uses in these areas tend to be smaller scale and provide goods or services that people typically do not travel far for (approximately one mile) and need regularly. This proposal is to annex a 1.2-acre lot zoned R-1 in the County, and zone it and a 0.65-acre lot to the west (already zoned R-8 in the City) to R-40. The purpose is to proceed with a conditional use for a 36-unit expansion to an existing multifamily development. This application also includes rezoning the portion of the existing multifamily development that is C-G to R-40 so the entire development is in the same zone district. The subject property is between high density residential at north and south, with uses becoming progressively more commercial to very intensive commercial uses at the N. Meridian Rd. E. Fairview Ave intersection. As this project is to allow expansion of the existing multifamily to an infill vacant parcel to the east, staff believes at the regional scale this proposal meets the intent of the Plan. C. Comprehensive Plan Policies (https://www.meridiancity.org/compplan): • 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 multifamily residential development will contribute to the variety of housing types available within the City. • Support infill development that does not negatively impact the abutting, existing development. (2.02.02C) This proposal is to allow infill of an existing vacant parcel on the northeast portion of the subject properties to allow expansion of an existing multifamily development, surrounded by existing multifamily development to the north and south, industrial uses to the east, and religious and single family residential across N. Meridian Rd to the west. Although there could be some incremental impacts associated with additional units, the impacts associated with this development are already primarily established and there would be few or negligible impacts on the single family residential across N. Meridian Rd. • Encourage the development of high quality, dense residential and mixed-use areas near in and around Downtown, near employment, large shopping centers, public open spaces and parks, and along major transportation corridors, as shown on the Future Land Use Map. (2.02.01E) This expansion to an existing multifamily development is located along N. Meridian Rd, in close proximity to a variety of commercial uses, including approximately ½ mile to a shopping center, along the intensely commercial E. Fairview / N. Meridian Rd. intersection. • Encourage infill development. (3.03.01E) The proposed annexation of an additional parcel of land surrounded by existing development to allow expansion of an existing multifamily complex would be considered an infill development. • 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) Page 7 Urban services and public facilities are already being provided to the existing multifamily complex. This proposal would allow an additional 36 units in two buildings. D. Existing Structures/Site Improvements: There is an existing residence, which was constructed in 1954, and accessory structures on the property that is currently zoned R-8. All structures will be removed with development of the additional 36 units. E. Proposed Use Analysis: The request is to annex 1.36 acres with an R-40 zone, and rezone a R-8 zoned parcel as well as the C-G zoned portion of the existing multifamily development to R-40 to clean-up the zoning for the existing development and to allow 36 additional multifamily units. This is allowed by conditional use per UDC 11-2A-8. F. Specific Use Standards (UDC 11-4-3): The specific use standards for multi-family developments listed in UDC 11-4-3-27 apply to development of this site as follows: i. Buildings shall provide a minimum setback of ten (10) feet. The site plan indicates both buildings meet a minimum setback of at least 10’ on all sides. ii. 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 submitted landscape plan reflects dumpsters in an enclosure and screened by landscaping at the east portion of the property. Details regarding this enclosure and any additional ground or roof mounted mechanical or electrical equipment meeting the requirements of 11-3A-12 and 11-4-27 will be required to be submitted with the Certificate of Zoning Compliance (CZC). The landscape plan indicates ground-mounted condenser units. One of these groups of condenser units is at the north side of Building F, directly along E. Blue Heron Ln. Although the landscape plan suggests 4’ high vinyl fencing screening these unit, staff believes there should be additional mitigation to soften the view from the street. Staff recommends additional shrubs be grouped in this area. It should be noted shrubs are required along the building foundation already per the specific use standards, so this would be in addition to that requirement. iii. 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 accessways shall not count toward this requirement. Floorplans of the units indicating this requirement is met shall be required at the time of CZC. iv. Developments with twenty (20) units or more shall provide a property management office, maintenance storage area, central mailbox location, including provisions for parcel mail, and a directory and map of the development at an entrance or convenient location for those entering the development. All of these requirements have already been provided and shown on the site plan associated with the CZC approved for the existing development. Page 8 v. A minimum of 250 sq. ft. of common open space shall be provided for each unit of between 500 sq. ft. and 1,200 sq. ft in area; 350 sq. ft. of common open space is required for all units greater than 1,200 sq. ft in area. The applicant has provided an open space exhibit which reflects the required open space for both Phase 1 and Phase 2. 41,870 sq. ft. of open space was required with Phase One whereas 53,000 sq. ft. is provided. 10,200 square feet of qualified open space is required with Phase 2, whereas 15,330 sq. ft. is proposed. The proposal meets the minimum requirements of UDC 11-4-3-27. vi. Amenities The existing development consists of 108 units, and an additional 36 units are proposed. The existing development provides a half basketball court, plaza containing benches and trellis, 1,620 sq. ft. clubhouse with exercise room, playground, horseshoe pit, barbeques and picnic tables. This proposal proposes two additional amenities - an approximately 8,600 sq. ft. open space park and 52 new bicycle storage spaces. UDC 11-4-3-27-D states “for multifamily developments with more than one hundred (100) units, the decision-making body shall require additional amenities commensurate to the size of the proposed development.” The Planning Commission should decide if the amenities are sufficient for the existing development as well as the proposed expansion. vii. All street facing elevations shall have landscaping along their foundation. The landscaped area shall be at least three (3) feet wide. For every three (3) linear feet of foundation, an evergreen shrub having a minimum mature height of twenty-four (24) inches shall be planted. The landscape plan does show landscaped areas around the foundations of the buildings, although it does not indicate whether this includes shrubs. As mentioned above, staff is recommending additional landscaping around the mechanical equipment visible from E. Blue Heron Ln. G. Dimensional Standards (UDC 11-2): Dimensional standards of the R-40 zoning district include 10’ front setbacks, 12’ rear setbacks, 3’ side setbacks, and a maximum building height of 60’. However, as mentioned in the specific use standards above, 10’ setbacks are applied to all multifamily projects (on all sides). The development as proposed meets these setbacks, and the elevations provided indicate a maximum height of approximately 42’ from the highest roof pitch. The proposal meets all the dimensional requirements. H. Access (UDC 11-3A-3, 11-3H-4): There is one existing access from E. Blue Heron Ln. (local road) serving the existing 108 units; one additional access is proposed from E. Blue Heron Ln. Meridian Fire has commented that although the site does provide two points of access, both of these accesses are from E. Blue Heron Ln. with the only way in and out occurring from N. Meridian Rd. Fire; they prefer another point of access that does not solely rely on N. Meridian Rd. E. Blue Heron Ln. terminates into a pathway at the east end which then connects to N. Eureka Ave. Based on discussion with the applicant, they agreed to widen this pathway to 20 feet wide or as approved by Meridian Fire, and provide bollards on either end to allow secondary fire access. Page 9 I. Parking (UDC 11-3C): UDC 11-3C-6 requires 1.5 parking spaces per each one-bedroom dwelling unit and at least 2 parking spaces for 2-3 bedrooms units. At least one parking space for each of these units must be in a covered carport or garage. As requested by staff, the applicant submitted a site plan which indicates the required and proposed parking for both Phase One (the 108 units) and Phase Two (the 36 additional units). Phase One was required to provide 204 parking spaces with 102 of them covered spaces. 207 parking spaces are provided, with 195 of them being covered. Phase Two is required to provide 69 parking spaces, with 36 of them covered spaces. 87 spaces are provided, with 71 of them being covered. 6 total bicycle parking spaces are required with this development. The parking exceeds the requirements by 21 parking spaces. The site plan indicates 17’ long parking spaces on the south side of Building F, east side of Building G and surrounding the open space. As required by UDC 11-3C-5, sidewalks are at least 7’ in width in these areas to allow for vehicle overhang. The remaining parking spaces are shown to be 19’ in length. The applicant should be aware that all off-street parking areas shall be provided with a substantial wheel restraint to prevent cars from encroaching upon abutting private and public property or overhanging beyond the designated parking stall dimensions. Wheel stops are not indicated on the site plan or landscape plan. These should be indicated on the site plan with the CZC. Meridian Fire, Police and the surrounding residents have commented that parking has been a continuous issue for this development, as residents and guests often park on both sides of E. Blue Heron Dr, making emergency access difficult. One cause of this issue is that many of the garages that are intended to be used to satisfy parking requirements are being used for storage, leading to spill-over in other areas of the development and along the local streets. As 71 parking spaces are proposed to be covered with Phase II, staff recommends these covered spaces be accommodated by carports and not garages, to avoid dedicated covered spaces being used for storage. Elevations of the carports have not been provided. At the time of CZC, the applicant will need to provide elevations that reflect the accessory structures are compatible with the primary buildings and meet all the minimum dimensional requirements of UDC 11-3C-6. The applicant should also be aware that the site plan indicates striped pedestrian crossing areas across the parking lots. UDC 11-3A-19-4 requires internal pedestrian walkways to be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. J. Sidewalks (UDC 11-3A-17): Sidewalk already exists along N. Meridian Rd, which has recently been reconstructed. 5’ wide sidewalk is constructed along the portion of Blue Heron Ln. of which the existing multifamily development exists; the landscape plan indicates this sidewalk will be extended along the frontage of the additional property where the expansions are proposed in accord with UDC standards. K. Landscaping (UDC 11-3B): A 25’ wide landscape buffer has already been provided along N. Meridian Rd as required by UDC Table 11-2B-3. W. Blue Heron Lane is classified as a local street and as such does not require a street buffer in the R-40 zoning district. However, a 17’ wide landscape buffer was installed along the portion of the property frontage developed with Phase One, and the landscape plan indicates this buffer is proposed to continue along the frontage to the property line with Phase Two. A 12’ +/- landscape buffer is proposed along the eastern property line, although a Page 10 residential buffer is not a requirement for multifamily in the R-40 zoning district and this property is directly adjacent to an existing meat packing plant. It does appear there is at least 3’ wide landscaping areas along the foundations of both buildings with street facing elevations as required per the specific use standards for multifamily, but the landscape plan does not specifically identify shrubs in this area. As mentioned, staff believes there should be additional landscape screening along the street-facing sides of the condenser unit screen fences along E. Blue Heron Ln. The landscape plan submitted with the Certificate of Zoning Compliance application shall comply with all landscaping requirements and is required to be prepared by a landscape architect, landscape designer, or qualified nurseryman, per UDC 131C-3B. L. Qualified Open Space (UDC 11-3G): The applicant has provided an open space exhibit which reflects the required open space for both Phase 1 and Phase 2. 41,870 sq. ft. of open space was required with Phase One whereas 53,000 sq. ft. is provided. 10,200 square feet of qualified open space is required with Phase 2, whereas 15,330 sq. ft. is proposed. The open space provided for Phase 2 exceeds the requirements. M. Qualified Site Amenities (UDC 11-3G): UDC 11-4-3-27 requires 4 amenities from each category for multifamily developments of more than 75 units, but for multifamily developments with more than one hundred (100) units, the decision-making body shall require additional amenities commensurate to the size of the proposed development. The existing development provides a half basketball court, plaza containing benches and trellis, 1,620 sq. ft. clubhouse with exercise room, playground, horseshoe pit, barbeques and picnic tables. With the proposed expansion the applicant proposes a 50’x 100’ sq. ft. open space area and 52 additional enclosed bike storage facilities. The Planning Commission should decide if the amenities are sufficient for the existing development as well as the proposed expansion. N. Fencing (UDC 11-3A-6, 11-3A-7): The landscape plan reflects perimeter fencing that is to match existing fencing. At the time of the CZC, the applicant shall provide all fencing details on the landscape plan. O. Utilities (UDC 11-3A-21): There is infrastructure serving the existing development. All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. P. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual): Conceptual elevations were submitted with this proposal. The elevations utilize architecture that is consistent with the existing buildings including multiple roof pitches, dormers, canopies and outdoor second and third story railings. Building materials include hardiboard lap siding, hardishake shingle siding, cultured stone columns and asphalt singles. Building elevations will be reviewed against the ASM manual at time of CZC. VI. DECISION A. Staff: Staff recommends approval of the annexation of 1.36 acres of land with the R-40 zoning district, rezoning of 4.18 acres of land from C-G and R-8 to R-40, and a Conditional Use Permit to allow expansion of an existing multifamily complex to allow 36 additional units in two new buildings Page 11 per the provisions and comments included in Section VII in accord with the Findings in Section VIII B. The Meridian Planning & Zoning Commission heard this item on September 16, 2021. At the public hearing, the Commission moved to recommend approval of the subject annexation, zoning and conditional use request. 1. Summary of the Commission public hearing: a. In favor: Tamara Thompson b. In opposition: None c. Commenting: Tamara Thompson d. Written testimony: Staff has received 5 voicemails and three letters in opposition. e. Staff presenting application: Alan Tiefenbach f. Other Staff commenting on application: None 2. Key issue(s) of public testimony: a. Three citizens testified in opposition. Concerns expressed regarded traffic, parking, emergency access and litter 3. Key issue(s) of discussion by Commission: a. Commission discussed whether parking could be increased, their understanding that parking is an issue along E. Blue Heron Ln, problems associated with litter, whether the applicant could work with ACHD to limit parking along E. Blue Heron Ln, and whether a parking enforcement company can be utilized, 4. Commission change(s) to Staff recommendation: a. Prior to City Council, the applicant will have a parking plan that has been addressed with ACHD, b. Prior to City Council, the applicant shall have an agreement in place with the property management company on enforcement of the parking regulations c. The applicant shall add additional trash receptacles. d. Condition 2-C shall be amended that the applicant widen and improve the pathway between E. Blue Heron Ln. and N. Eureka Ave. to 15 feet wide instead of 20-feet wide. Page 12 VII. EXHIBITS A. Site Plan (date: 3/18/2021) Page 13 B. Landscape Plan (date: 4/2/2021) Page 14 C. Qualified Open Space Exhibit (date: 8/20/2021) Page 15 D. Building Elevations (date: 3/18/2021) Page 16 E. Annexation Legal Description Page 17 Page 18 F. Rezoning Legal Description Page 19 Page 20 VIII. CITY/AGENCY COMMENTS & CONDITIONS PLANNING DIVISION Site Specific Conditions of Approval 1. A Development Agreement (DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. 2. Currently, a fee of $303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the conceptual site plan, landscape plan, qualified open space exhibit and elevations submitted with the annexation application contained herein. b. Phase One and Two shall share access, parking, amenities and open space. c. The applicant shall widen and improve the pathway between E. Blue Heron Ln. and N. Eureka Ave. to 2015 feet wide (or as approved by Meridian Fire), capable of supporting an 80,000-pound fire truck with bollards on either end to allow secondary emergency access. 3. Prior to City Council, the applicant shall have a parking plan that has been addressed with ACHD to address the concerns discussed at the September 16, 2021 Planning Commission meeting. 4. Prior to City Council, the applicant shall have an agreement in place with the property management company on enforcement of the parking regulations. 5. Additional trash receptacles will be added near E. Blue Heron Dr. 6. The developer shall comply with the specific use standards for multi-family developments listed in UDC 11-4-3-27. 3. All condenser units on the north side of Building F which are visible from E. Blue Heron Ln. shall have additional landscape screening in addition to 4’ high vinyl fencing. 4. Off-street vehicle parking shall be provided on the site in accord with UDC 11-3c-4 for multi- family dwellings. Covered parking shall be provided only by carports. 5. All carports shall be constructed to be compatible with the associated residential buildings i.e. similar building and roof forms, architectural elements and details, and materials and colors to maintain the quality of the architectural character) in accord with the Meridian Architectural Standards Manual. 6. The applicant shall record legally binding documents that state the maintenance and ownership responsibilities for the management of both phase of the development, including, but not limited to, structures, parking, common areas, and other development features. Documentation of compliance with this requirement shall be with submitted with the first Certificate of Zoning Compliance application. 7. All off street parking areas shall be provided with a substantial wheel restraint to prevent cars from encroaching upon abutting private and public property or overhanging beyond the designated parking stall dimensions per UDC 11-3C-5. When a bumper overhangs onto a Page 21 sidewalk or landscape area, the parking stall dimensions may be reduced two (2) feet in length if two (2) feet is added to the width of the sidewalk or landscaped area planted in ground cover. GENERAL CONDITIONS OF APPROVAL 1. Any fencing constructed on the site shall be consistent with the standards as set forth in UDC 11- 3A-6, 11-3A-7. 2. Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 3. Install lighting consistent with the provisions as set forth in UDC 11-3A-11. 4. Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-1. 5. Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. Page 22 IV. FINDINGS Required Findings: Upon recommendation from the commission, the council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the council shall make the following findings: A. ANNEXATION AND REZONE 1. The map amendment complies with the applicable provisions of the comprehensive plan; This is a proposal for annexation of 1.36 acres of land with a R-40 zoning district, rezoning of 4.18 acres of land from C-G and R-8 to R-40 to allow the expansion of an existing multifamily complex. This complies with the applicable provisions of the comprehensive plan, particularly to provide a diversity in housing opportunities and to encourage infill development. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Commission finds the proposed map amendment to R-40 generally complies with the purpose statement of the residential districts in that it will contribute to the range of housing opportunities available in the City consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Commission finds with the recommended conditions of approval the proposed R-40 map amendment should not be detrimental to the public health, safety and welfare as the property is surrounded by multifamily to the north and south, industrial in the County to the east, and N. Meridian Rd to the west. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including, but not limited to, school districts; and Commission finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation (as applicable) is in the best interest of city. Commission finds the proposed annexation and rezone is in the best interest of the City if the property is developed in accord with the provisions in Section VII. B. CONDITIONAL USE PERMIT: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s)is adequate to establish: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Commission finds that if the site is designed in accord with the site plan in Exhibit A and the conditions of approval in Exhibit B, the site will be large enough to accommodate the proposed Page 23 use and meet the dimensional and development regulations of the R-40 zoning district and the multi-family specific use standards. b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The proposed multi-family residential use in the R-40 zone meets the objectives of the Comprehensive Plan and UDC. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. This proposal would allow an additional 36 units to be added to an existing 108-unit multifamily development. Most impacts have already been established. The general design, construction, operation and maintenance of the multi-family use will be compatible with other residential and commercial uses in the general neighborhood and with the existing and intended character of the vicinity and will not adversely change the character of the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. As this is an addition of 36 units to an existing 108-unit multifamily development, impacts have already been mostly established and Commission finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this staff report. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. Essential public facilities and services are presently serving the existing development. Sanitary sewer, domestic water and irrigation can be made available to additional property. Please refer to comments prepared by the Public Works Department, Fire Department, Police Department and other agencies. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. This addition will be part of a larger existing multifamily development. The applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay impact fees. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Page 24 Commission finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. Commission recognizes there will be a small increase of traffic and noise with the approval of this development; whenever undeveloped property is developed the amount of traffic generation does increase. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Commission finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s)of major importance.