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Chalet Marseilles AZ 07-020ADA COUNTY RECORDER J. DAVID NAVARRO AM~UNT .~0 56 BOISE IDAHO 06106108 10:25 AM DEPUTY Vicki Allen II I I I II ~I'I I I II I'I I) I I II I(I I I II I I I'I) RECORQED-REQUEST OF 1~$~~~~~~ Ciiy of Meridian DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. RC Meridian Partners, LLC1 Owners/Developers THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this ~ g'~ day of it-la , 2008, by and between City of Meridian, a municipal corporation of the State f Idaho, hereafter called CITY, and RC Meridian Partners, LLC, whose address is ~ ' ' , , hereinafter called OWNERS/DEVELOPERS. ~~~~ ~ ujt;c~< Qd. i~Grit~,aN, Lcf. g~G'r7r~ 1. RECITALS: 1.1 WHEREAS, Owners/Developers are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-SB-3, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owners/Developers have submitted an application for re-zoning of the Property's described in Exhibit A, and has requested a designation of R-15, Medium Density Residential District (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owners/Developers made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT (AZ 07-020) CHALET MARSEILLES PAGE 1 OF 9 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 1 St day of April, 2008, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Findings require the Owners/Developers to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNERS/DEVELOPERS deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the Owners/Developers to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: DEVELOPMENT AGREEMENT (AZ 07-020) CHALET MARSEILLES PAGE 2 OF 9 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 OWNERS/DEVELOPERS: means and refers to RC Meridian Partners, LLC, whose address is 8142 S. State Street, Suite 106, Midvale, Utah 84047, the parties that owns and is developing said Property and shall include any subsequent owner(s) or developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be re-zoned R-15, Medium Density Residential District, attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2A which are herein specified as follows: Construction of 120 multi farrtily dwelling units on three residential lots and one common lot in the proposed R-15 zoning district on 21.81 acres and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ 07-020 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owners/Developers shall develop the Property in accordance with the following special conditions: Construct a maximum of 120 units on the site and comply with the site plan, dated 03-OS-08, and elevations submitted with the CUP. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the Owners/Developers or Owners'/Developers' heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" DEVELOPMENT AGREEMENT (AZ 07-020) CHALET MARSEILLES PAGE 3 OF 9 of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Owners/Developers consent upon default to the reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the City provide written notice of any failure to comply with this Agreement to Owners/Developers and if the Owners/Developers fail to cure such failure within six (6) months of such notice. 8. INSPECTION: Owners/Developers shall, immediately upon completion of any portion or the entirety of said development of the Properly as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. 9. DEFAULT: 9.1 In the event Owners/Developers, or Owners'/Developers' heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Properiy, this Agreement may be modified or terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Owners/Developers of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owners'/Developers' cost, and submit proof of such recording to Owners/Developers, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Properiy by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property DEVELOPMENT AGREEMENT (AZ 07-020) CHALET MARSEILLES PAGE 4 OF 9 contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or Owners/Developers, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that City and Owners/Developers shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non- breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Owners/Developers or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The Ciiy may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 11-5-C, to insure that installation of the improvements, which the Owners/Developers agrees to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owners/Developers agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Developers/Owners has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Owners/Developers agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de- DEVELOPMENT AGREEMENT (AZ 07-020) CHALET MARSEILLES PAGE 5 OF 9 annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 OWNER/DEVELOPER: RC Meridian Partners, LLC 8142 S. State Street, Suite 106 Midvale, UT 84047 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way DEVELOPMENT AGREEMENT (AZ 07-020) CHALET MARSEILLES PAGE 6 OF 9 prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subj ect Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation andlor amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ 07-020) CHALET MARSEILLES PAGE 7 OF 9 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS/DEVELOPERS RC MERIDIAN PARTNERS, LLC ~ By: CITY OF MERIDIAN By: MAYOR TA de WEERD ATTEST: ~ JAYC~ L. HOLMAN, CITY ,~~~„~~~~~~~~~~~,,, .~```\\`'~~ ~ ~/'~,'''~. ~ ~' ~~,, '';, 0 - SEAL = ;~ ~' ' ; .,, y r ~~ '` A~ `~,: ~(y,,~~, ~ /,'','~~~~~~~~~~'v[.ll~lj~ 1~,,,`~~`~~~``. ~i~~ ~t DEVELOPMENT AGREEMENT (AZ 07-020) CHALET MARSEILLES PAGE 8 OF 9 STATE OF aGt.e~ , : ss County of ~~.a- , On this 2~5~~ day of ~ , 2008, before me, the undersigned, a Notary Public in and for aid State, personally appeared G.~on_ go~,--- , known or identified to me to be the .~ of RC Meridian Partners, LLC and the person who signed the above and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~,?:~''A , \ w 99 (SEAL) ~ ~p Tq,Q ~ •~2 ~ I~~.J ~" ' Notary Public for ,p o Residing at: ~,~,2~~.0~„~.,. ~a.a-c~ '• GB L ~~' '~ My Commission Expires: (D , -rj, ~..o ( ~ ~r~1},:•.,,,.~,^.. STATE OF IDAHO ) : ss County of Ada ) On this ~~ da of ~~rl~ , 2008, before me, a Notary Y Public, personally appeared Tammy de Weerd and Jaycee L. Holman., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate irst above written. ~,.....~~ • G ~. : ~,;1~':_--=~'.~' •. (SEAL) :~Q~~pT AR,~ `~ ; otary Public for ldaho ~ ~' ~ : Rcsiding at: ~~ , ' ~ ~ ^ Commission ex ires: ' ~ p ~l ~~j-11 ~ ,~ ; • ~ . ' , ~ ; a. : `. ~~~, , ~'~. ~•.~~ ~-OF +9'~ • •.... • DEVELOPMENT AGREEMENT (AZ 07-020) CHALET MARSEILLES PAGE 9 OF 9 ~Xti,`d~~ 1- /~ Legal Descriptions Rrojectc 1~.0-q7-057 Dates. ~eptembeF 4, 2007 R•15 2CNE DES.GkIRTiON '1'kia~ pbr[fon of ~the Sputheast:f4 ~Qf the SoOthe~st yi qf.Se4Gion 31, Tpwr~M.p 4 North, Range 7 East, Boife Alertdiart, IiAerfdian, Atla. Coun.ty, idaho. and inore.partku(a~tX descKbed as follows:: C6minen~ing at tfie Sputheast corneF of 3eCtion 31., the PQINT OF BEGINNING; . thence alang'the SbutheRy boundary of the Souq~.east. Y oj the.5ouUlea'st Y..of said Sectlon, ~ •NOt.th ;89•47'Q9" West, 662:30 fect; theiiee;a~fn$ the N/estecly buundary of tfie Southeast Y. of tlie South~ast Y~f .tfie SoutAeaSt Y. af Seetlon 31, North 00'~4`05'~EasR, 62.3.50 feet;, tRence North 89'46'36?` 1Ngst, 661:77 feet [o the V~re3Eer~y boundary.of Ehe SqutheasE Y~ of Ehe Sou~he~t y. o( SectiQn 31; ~ thRnce Afong.said.6ounda .ry North 00'~TQ,O' Eas,c, 7U6;02 feeE to tlip Southc~ly:f~t~ndary.o( i~enzer Comrnoiu SutidiVisipn; therrce aloi~g taid boun~ary, Saifth 99'46'26• East, 661.1.~:teQt to the We.steKy b.QUndary di the Nor•flie~t~ 'Y. of.•tlie $outheastY. of the.So~theaist Y,.of~;eetion 31.; thence aton,g. ~id tidunGary; South.00'34'05' µles.h, 59.4.7'6 feet; tlj~ence Squth 89'46'45' ~st, 661.66 feet to the EasterLy.,~oundary of. EAe SoutFiea~t w of the Sctitheast ti ~df 9ecEiori.31; •, thence along saifd Doundary, Soytfi 00'31~9' West, 729..69 feet t8 tltie POIN7 OF BEGINNING. :E.oncaining.21.81.0 acres, mo~e or l~ss. ENb OF D~SCRIPTION Pfgpared by: J•U•,8 ENGINEER4; Inc.. ~Ron~ttl M..Viodge, R.L.S. BRxEVIE 'PP AL S~ ~ ~ '~] M~RIDiAN pU6WG . WbRKB DEPT. +RMM~/TLK:Ihc •au~nio:oiasi+RC•rneiw3en~~ao~.os7.nm„tmoes~i~cta~s~c rosqdien•~~~s.doc CITY OF MERIDIAN F~NDINGS OF FACT, CONCLU5IONS O~ LAW AND DECISION & ORDER In the Matter of Request for AnnexaNon and Zoning of 21.81 to R-15 (Medium Density Residential); Preliminary Plat with and 1 Common Lot in a proposed R-15 zoning district; Cond~ multi-family dwelling units in a proposed R-15 zoning distric within the proposed multi-family development; Alternative C design from the private street standards for Chalet Marseille~ LLC. Case No(s). AZ-07-020, PP-07-027, CUP-07-023, PS-07-008 For the City Council Hearing Date of: March 18, 2008 Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing incorporated by referenee) 2. Process Facts (see attached Staff Report for the hearing incorporated by reference) 3. Application and Property Facts (see attached Staff Report 18, 2008 incorporated by reference) E~` IDIAN~ IDAHO cres from Ada County RUT Residential Building Lots onal Use Permit for 120 Private Street approval mpliance for an alternative by RC Meridian Partners, ALT-07-020 on the April 1, 2008 City of Mazch 1 S, 2008 of March 18, 2008 the hearing date of March 4. Required Findings per the Unified Development Code (se attached Staff Report for the hearing date of March 18, 2008 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred on it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Id o Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Uni ed Development Code codified at Title 11 Meridian City Code, and all current zo ing maps thereof. The City of Meridian has, by ordinance, established the Impact Area d the Amended Cornprehensive Plan of the City of Meridian,.which was a opted August 6, 2002, Resolution No. 02-382 and Maps. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISpON & ORDER CASE NO(S). AZ-07-020, PP-07-027, CUP-0'7-023, PS-07-008 & ALT-07-U2U I -1- 3. The conditions shall be reviewable by the City Conncil pursuant to Meridian City Code § 11-SA. 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 Planning Department, the Fublic Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, Site Plan and the Conditions of Approval all in the attached Staff Report for the hearing date of March 18, 2008 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicanYs Prelim~inary Plat as evidenced by having subrnitted the Preliminary Plat dated 03/OS/2008 is hereby conditionally approved; 2. The Ap.plicant's Annexation request, as evidenced by having submitted the legal descri~ption and exhi~bi,t map, stamped and dated 09/04/07, by Ronald M. Hodge, PLS, is hereby conditionally approved; 3. Development Agreement is required with approval of the subject Annexation application and shall include the provisions notecl in the attaehed Staff Report for the heari•ng date of March 18, 2008, incorporated by reference; 4. The applicanYs Site Plan as evidenced by having submitted the Site P}an dated March 5, 2008 is hereby conditionally approved; 5. The si.te specific and standazd conditions of approval are as shown in the attached Staff Report for the hearing date of March 18, 2008 incorpor.ated by reference. D. Norice of Applicable Time Limits Notice of Preliminary Plat Duration CITY OF MERIDIAN F[NDI7VGS OF PACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-020, PP-07-027, CUP-07-023, PS-07-008 & ALT-07-030 -2- Please take notice that approval of a prel.iminary plat, cornbined 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 witlun two (2) years of the approval of the preliminary plat or one (1) yeaz of the combined preliminary and final plat or short plat. 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 prelirninary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. 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 tirne to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months 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. Notice of Eighteen (18) Month Conditional Use Permit Duration P1ease take notice that the conditional use perm~it, when granted, shall be valid for a maximum period of eighteen (18) months 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 recorded withi~n this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases sha11 be constructed within successive intervals of one (1) year from the ori~ginal date of approval. If the successive phases are not submitted within the one ( l) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to comrnenee the use not to exceed one (1) eighteen (18) month period. Additiona~l time extensions up to eighteen (18) months as deterrnined and approved by the Commission may be ganted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis The Appliaant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taki•ng analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. C1TY OF MERFDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND UECISiON & ORDER CASE NO(S). AZ-07-020, PP-07-027, CUP-07-023, PS-U7-008 & ALT-07-U20 -3- 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approvai may within twenty-eight (28) days after the date of tlus 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 March 18, 2008 1S'~ By action of the City Council at its regular meeting held on the t day of ~ , 2008. COUNCIL MEIVIBER DAVID ZAREMBA VOTED~ COUNCIL MEMBER JOE BORTON VOTED~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ COUNCIL MEMBER KEITH BIItD VOTED I_o, ~__~ MAYOR 'I'AMMY de WEERD VOTED / (TIE BREAKER) ~~ ~ ~ary~ot+T de Weerd .~`~~~``` ~ , ~~~''~. Attest: ,•~~ C~~~ '~~~ ~~ ; ~ o ; ~ - ~I~AL Jaycee olrnan, City Clerk ", ~ e~' r` '=~ rfs~c•~' ,{e~~~`. ~~''~.~ C~,. .. .._, 0~.•~`~~ Copy served upon Applicant, The Public Works Department and City Attorney. B Dated: ~' - ~^1"0 ~ ity Clerk's Office CITY OF MER[DIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-U7-020, PP-07-027, CUP-07-U23, PS-07-OU8 & ALT-07-020 -4- CITY OF M£RIDIAN PLANNfIVG DEPARTMENT STAFF REPORT FOR THE HBARING DATE OF MARCH I8, 2UU8 STAFF REPORT Hearing Date: March 18, 2U08 TO: Mayor and City Council t ~t FROM: $ill Parsons, Associate City Planner ~.. ' E' 1.DIA1~1~` 208-884-5533 I D A H O SUBJECT: Chalet Marseil:les • AZ-07-020 - Request for Annexation and Zoning of 21.81 acres from Ada County RUT to R-15 (Mediurn Density Residential), by RC Meridian Partners, LLC. • PP-07-027 - Request for a Preliminary Plat with 3 Residential Building Lots and 1 Common Lot i~n a proposed R-15 zoning district, by RC Meridian Partners, LLC. • CiJP-07-023 - Conditional Use Permit for ~ 120 multi-family dwelling units in a proposed R-15 zorung district, by RC Meridian Partners, LLC. • PS-07-008 - Private Street approval within the proposed Chaiet Marseilles multi-family develo.pment, by RC Meridian Partners, LLC. • ALT-07-020 - Alternative Compliance for an alternative design from the private street standards, RC Meridian Partners, LLC. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, RC Meridian Partners, LLC, has appiied for Annexation and Zoning (AZ) of 21.8 acres from RLTT (Ada County) to R-15 (Medium-high Density Residential). Concurrently, the applicant has submitted for Preliminary Plat (PP) approval of 3 residential lots and one common lot; Conditional Use Permit (CUF) approval to construct a multi-family development consisting of 122 condominium units and a club house; a private street (PS) application for eight private streets within the proposed development and alternative compliance (AL'I~ to allow the construction of a 36-foot street section to accommodate 8-foot parking aisles along one side. The applicant is proposing to develop the site as an active adult community totaling 122 condominium units with units ranging in size from 1,200 to 1,900 square feet. There is a 5,240 square foot club howse also proposed for this site. The proposed dwelling types include 2 individual detached buildings, 14 dual unit buildings and 23 quad-buildings for a total of 39 buildings on the site excluding the club house. The applicant is proposing two building foo.tprints/floor plans for the buildings on the subject site; one is a large floor plan, of which 66 of the 122 total units are a part, and the other is a small floor plan which totals 56 units. Access to the site will be via N. Locust Grove and N. Heritage Avenue with the applicant proposing eight private streets and three public streets that will provide access and circulation within the proposed developrnent. The subject site is located at the northwest corner of E. Ustick Road and N. Locust Grove in Section 31, T4N, R1E. The site is currently designated Medium Density Residential on the City's Comprehensive Plan Land Use Map. This site is within the City's Area of Impact and is contiguous to the current City limits. 2. SUMMARY RECOMMENDATION The subject applications (AZ, PP, CIJP, PS, & ALT) were submitted to the Planning Department for concurrent review. By City Ordinance, the Planning & Zoning Commission makes a recommendation to the City Council on the AZ, PP and CUP applications and the PS and ALT applications are reviewed at the Staff level. Below, Staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation, Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING UATE OF MARCH 18, 2008 Preliminary Plat, Conditionai Use Perrnit, Private Street, and Alternative Compliance applications. Staff is recommending the applicant submit a revised site plan for the proposed Chalet Marseilles Development (A~07-020, PP-07-027, CUP-07-023, PS-07-008, & ALT-07-020) reflecting Staffs reeommendations provided in the aaalysis section below. If the Commission fnds that the revised plan is acceptable and wishes to forward on a recommendation of approval to the Council, staff has included conditions listed in Exhibit B of the Staff Report. The Meridian PlanninQ & Zoning Commission heard these items on Januarv 17 2008 and Februarv 7 2008 At the aublic hearin¢ the Commission moved to recommend approval of the subiect AZ, PP and CiJP request. a. Summarv of Commission Public HearinQ: i. In favor: Darren Fluke (aaplicant's representative) ii. In onoosition: None iii. CommendnQ: Tim Kruoa. Jeff Larsen iv. Written tesHmonv: John Whitson v. Staff presenting application: Bill Parsons vi. Other staff commenting on aaplication: Caleb Hood b. Kev Issue(s) of Discussion bv Commission:. i. The uronosed nerimeter block wall. j4 The shared drivewavs and the width of the uarkin¢ oads and drivewavs in front of t6e units. iii. Road im rovements at the intersection of Locust Grove and Ustick Roads. ~y. T6e applicant should work with the LDS church regarding the location of the ^ decorative wall on the ehurch's arooertv and a future access aoint to E. Monet Street. y, The 8-foot spite stria that does not allow the extension and connection of N. Heritaee View Ave with N Yellow Peak Ave at the northern aroaertv boundarv of Wanda's Meadow Subdivision at this time. c. Kev Commission Chan~e(s) to Staff Recommendation: i. Commission did not reauire a site directorv or site map for the site; condition 1.4.17 reflects this chanQe. u. Strike through the arovision repuirine the 5 feet of landscaping adiacent to t6e shared drivewav in condition 1.2.4. iii. The apalicant has revised areliminarv ala - the site plan and the landscapine alan to reflect Staf~s and Commission's recommendations; all have been inserted in the Exhibit A. ',~Y. Strike throus6 a portion of condition 141 discussing the drive aisle and aarkinQ aad requirements for the site Added as proposed on the revised site olan. y. Modified condition 1416 reauirin~ the aaalicnnt to urovide at least 60-feet between ¢arage faees as prop~sed in the revised site Ulan. ~'y Add two new conditions• 1) work with staff and the LDS Church for future connectivitv to E Monet Street (Condition 1.2.121 and 21 work with the church reQardin the location of the decorative block wall and if the church does not allow the block wall one is not required (Condition 1.2.13). d. Outstandins Issue(s) for Citv Council: i. Review of the revised nreliminarv alat, site alan and landscape nlans. ii. Block wall(s) on the perimeter ia relation to church aroaertv. The Meridian ( 'itv ['o~ncil heard thece ite ms on March 18. 2008. At *hp n~b ic hearinu the Co~,~~'1 - noroved the s a -- _.__- - ubiect AZ. PP. CiJP. PS an d ~i.T reauest ~ g, Snm marv of Citv Gouncil Publ ic HearinQ: Lavar Camnbell t b l Fl R i ' y in favnr~ nnrrp a ve _ n enresen nk~~r~ool s cent jy In onnosiNon: None jjj. ['ommentin~• nn H~ hincon_ Arde 1 Baker (neLtral oartv Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TH~E HEARfNG DATE OF MARCH 18, 2U08 jy. Written te~timon v• Ann Hutchinson and Wendell MarNn y. Staff nresentinn ~nnlirAtinn~ Anna CanninQ yy ther staff rnmm entinQ nn annlic9tion: None ~. Ke v Issues of Disc~ssion bv Co~ acil• ~the Whitson oronertv t i ' y The soite striu b . v an c nrooer cant etween the a~ol jj. The nrivate ctree t cectionc for the cite. jjj, pY~,~~urized irriQ he s ation to the ~te and maintaining the irriQaNon reaLrements west s to the ~ Tree nLitiQation f . or the site. Qeo*P~h rP.,. y~ Th~ .rr nf rhP ~:rP rE+aarr~ina the wet area ie the northwest corner _ - ~ ~ Ke ^ v ouncil C'han~ec to Staff/C' ommission Recommendation y ounc il reauired a DA for the cite_ The annlicant shall be tied the CUP site nlan a IId elevatiOn~ fnr thP ~;tP_ ThP i~A ~rovisinn has been included in Exhibit B. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-07-020, FP-07-027 and CUP-07-023 (PS and ALT optional) as presented in staff report for the hearing date of March 18, 2008 with the following rnodifications: (Add any proposed modifications.) Denial Atter considering all staff, applicant and public testimony, I move to deny File Numbers AZ-07-020, PP-07-027 and CUP-07-023 (PS and ALT optional) as presented during the hearing on March 18, 2008, for the following reasons: (you should state specific reasons for denial of the annexation and plat and you must state specific reasons for denial of the conditional use permit and what the applicant could do to gain your approval in the future.) Continuance After considering all staff, appl~icant and public testimony, I move to eontinue File Numbers AZ-07- 020, PP-07-027 and CUP-07-023 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: NWC of E. Ustick Road and N. Locust Grove Road Section 31, T4N, R1E b. Owners: RC Meridian Partners, LLC 8142 S. State Street, Suite 106 Midvale, Utah 84047 c. Applicant: ~ same as above d. Representative: Daren Fluke, J-U-B Engineers 250 S. Beechwood Ave, Suite 201 Boise, ID 83709 e. Present Zoning District: RUT (Ada County) £ Present Comprehensive Flan Designation: Mediurn Density Residential Ct-alet Marseilles AZ, PP, CUP, PS & ALT PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIIVG DATB OF MARCH 18, 2008 g. Description of Applicant's Request: The applicant has applied for annexation and preliminary plat approval of 41ots on 21,8 acres in a proposed R-I S zoning d~istrict. Also for concurrent review, the applicant is requesting Conditional Use Fernvt (CUP) approvai to construct a multi-family development consisting of 122 units and a club house. The applicant is also requesting approval to construct a private streets with one side designated for a parking lane and the other with 5-foot attached sidewalks and alternative compliance from the private street standards to ailow an 8-foot parking lane bn the proposed private streets. 1. Date of site plan (attached in Exhibit A): 12-14-2007 2. Date of landscape plan (attachEd in Exhibit A): 12-14-2007 3. Date of elevations (attached in Exhibit A): 7-10-2007 4. Date of preliminary plat (attached in Exhibit A): 12-14-07 h. Applicant's StatemenbJustification: The applicant is requesting Annexation and Zoning approval from the existing RUT zoning to R-15 zoning; preliminary plat approval of three residential lots and one cornmon lot and conditional use approval to develop a 122 condorninium unit active adult comrnunity. Each unit will be individually owned and maintenance will be the responsibility of the Home Owner's Association. The applicant is also submitted a private street application and requested alternative compliance to allow private streets for the proposed multi-family development and allow a deviation from the private street design standards. The private streets exceed the minimum requirements and act as an enhancement to the project. Primary access to the development is from N. I,ocust Grove Road. Most of the buildings proposed for the site wil~l be single story units with optional lofts. T'he proposed land use and architechual style of the condo units will enhance and compliment the existing residential developrnents. All buildings wi~ll meet Che multi-farnily development setback requirements. The club house for the site will provide amenities such as an exercise facility, theater, cornmunity kitchen, and swimming pool. Additional arnenities include walking paths, water feature, community rose garden, tennis courts, putting greens and pavilion equipped with tables and barbeques. The intent of this project is to incorporate a high quality project that will be an asset to the City. (See Applicant's Submittal Letter for more.) 5. PROCESS FACTS a. The subject application will in fact constitute an Annexation as determined by City Ordinance. By reason of the provisions of the Unified Development Code, Title 11 Chapter 5, a public hearing is required before the Planning & Zoning Commission and the City Cowncil on this rnatter. b. The subject application will in fact constitute a Preliminary Plat as determined by City Ordinance. By reason of the provisions of the Unified Development Code, Title 11, Chapter 5, a public hearing is required before the Planning & Zoning Commission and the City Council on this matter. c. The subject application will in fact constitute a conditional use as deternvned by City Ordinance. By reason of the provisions of the Unified Developrnent Code Title 11 Chapter 5, a public hearing is required before the Planning and Zoning Commission and the City Council on this matter. d. The subject application wil~l in fact constitute a private street as deternuned by City Ordinance. By reason of the provisions of the Unified Development Code Title 11, Chapter 5, a public hearing is not required on this matter. e. The subject application will in fact constitute an Alternative Compliance review as detemuned by City Ordinance. By reasons of the provisions of the Unified Development Code, Title 11, Chalet Marseill~ AZ, PP, CUP, PS & ALT PAGE 4 CITY QF MERIDIAN PLANNMG DEPARTMENT STAFF REPORT FOR THE HEARMG DATE OF MARCH 18, 2008 Chapter 5, a public hearing is not required on this matter. f. Newspaper notifications published on: De~ember 31, 2007 and January 14, 2008 (Planning and Zoning Commission); Februa 25 2008 and March 10 2008 Ci Council g. Radius notices mailed to properties within 300 feet on: Decernber 21, 2U07 (Planning and Zoning Cornmission); Februarv 22. 2008 (Citv Council) h. Applicant posted notice on site by: January 7, 2008 (Planning and Zoning Comrnission); March 8. 2008 (Citv Councip 6. LAND USE a. Existing Land Use(s): There is an existing home and associat~ outbuildings located on the site. These structures should be removed prior to the City's Engineer signature on the final plat. b. Description of Character of Surrounding Area: The azea surrounding the proposed development is primarily single-family residential. c. Adjacent Land Use and Zoning: 1. North: LDS Church and Single-family homes, Quenzer Comxnons No.S and No. 6; zoned RUT(Ada County) and R-8 2. West: Wtutson Parcel, zoned RU`f in Ada County; Single-family homes, Wanda's Meadows, zoned R-4 3. South: Single-farnily homes, Howell Tract S~bdivision; zoned R-8 4. East: Single-family homes, Sumrnerfield Subdivision; zoned R-4 d. History of Previous Actions: None. e. Existing Constraints and Opportunities: 1. Fublic Works Location of sewer: N Loeust Grove Rd, N Yellow Feak Ave, N Heritage Ave. Location of water: N Locust Grove Rd, N Yellow Peak Ave, N Heritage Ave. Issues or concems: Pressure zone conflict PRV will need to be installed by the developer at the N Heritage Ave water connection. 2. Vegetation: There are some existing trees on the subject properties that should either be preserved or mitigated for. 3. Floodplain: N/A 4. Canals/Ditehes/Irrigation: There are irrigation ditches on the subject property which are proposed for tiling. 5. Hazards: Staff is not aware of any hazards associated with this property. 6. Size of Property: 21.8 acres 7. Gross Density: 5.8 units per acre f. Landscaping (see Analysis below for more details): 1. Width of street buffer(s): A twenty-five foot wide landscape buffer is required on N. Locust Grove Road and E. Ustick Road. Both roadways are designated arterial roadways. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: The applicant states that 13.11% (2.86 acres) of the site is being set aside for common open space. 4. Other landscaping standards: Landscaping adjacent to micro-paths should comply with Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 5 CITY OF MERIDIAN PLANNRJG DEPARTM~NT STAFF REPOR7 FOR THE HEARING DATE OF MARCH 18, 2008 UDC 11-3.B-12. g. Arnenities: For multi-family developments with more than 100 units, the decision malcing body shall require additional amenities commensurate to the size of the development (iJDC 11-4-3.27D-2d). There are 122 units proposed in this development. As a reference for multi-family developments with 75 units or more, 4 amenities are required, with at least one from each category (Quality of Life, Open Space, and Recreation). The club house portion of the development will provide amenities as follows: 5,240 square-feet with exercise faeilities, stadium seating theater, a community kitchen, swimming pool and water feature. Other amenities on site include: walking path throughout the development, open grassy azeas with sitting azeas, a putting green, a teruus court, a community rose garden, plaza azea and a pavilion with tables and barbeques. See Analysis below for more inforrnation regarding amenities. h. Off-Street Parking: UDC 11-3C-6 requires multi-family dwellings with more than 1 bedroom to have 2 parking spaces per dwel~ling unit in a covered carport or garage. The applicant is proposing 2- car garages for each dwelling unit. However, the applicant has stated that the rnulti-fami}y units are proposed to be platted as condominiums in the future. If the multi-family units are platted for condominiums (whieh the city would then classify the units as single-family), the applicant would be responsibie for providing a 20' X 20= pad in front of the garages of the wnits. The Applicant is currently showing some visitor parking on the multi-family/condo sites. Staff is not supportive of the shared drive aisles and parking pads for the units located along the perimeter of the project. Staff believes that the parking pads in front of the garages should either be 20' x 20'with a 25' wide drive aisle/back-up area, for a total or 65-feet in length to aecommodate vehicular maneuverability OR the garages should be pulled closer together to be 5' in length or less to the drive aisle. If the pads are constrweted as proposed (50' between garages) in front of some of the garages then cars will be tempted to park in front of the garages, thus blocking the drive aisles and not providing adequate back-up area. See below for further analysis. i. Conditional Use Information: 1. Non-residential square footage: 5,240 square feet (Cornmunity Clubhouse) 2. Proposed building height: approximately 30 feet 3. Pereentage of site devoted to bnilding coverage: 25% 4. Percentage of site devoted to landscaping: 29% 5. Percentage of site devoted to paving: 46% 6. Percentage of site devoted to other uses: 13.11 % useable common open space 7. Number of residential units: 122 j. Required Dimensional Standards: The applicant is proposing a multi-family development within an R-15 zoning district. Typically the UDC requires a minimum 10-foot setback to the perimeter unless a greater setback is required by the UDC. In this case, the rear setback for the R-15 zoning district is greater than the 10-foot requirement (12-feet). The minunum interior setbacks between buildings should be 10 feet. k. Summary of Proposed Streets andlor Access (private, public, common drive, etc.): The applicant is proposing eight private streets and three public streets that wili provide access and circulation within the proposed development. Primary access to the site is proposed from N. Locust Grove to/from E. Monet Street. Heritage View Avenue will be extended from the north to provide access and connectivity to the existing residential subdivision (Quenzer Commons No. 6). Heritage Avenue and N. Chardin Avenue, both public roadways, will stub to the southwest for future connectivity to Chalet Marseilies AZ, PP, CUP, PS & ALT PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TH£ HEARING DATE OF MARCH I8, 2008 adjacent properties. The applicant should also provide a public turnaround easement where N. Chardin Avenue and E. Vernet Lane intersect. 7. AGENCY COMMENTS MEETING On December 28, 2007, staff held an agency comments meeting. The agencies and departrnents present included: Meridian Fire Department, Parks Department and Public Works Departrnent. Staff has included all comrnents and recommended actions as Conditions of Approval in Exhibit B. 8. COMPREHENSNE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain three to eight dwelling units per acre (see Page 99 of the Comprehensive Plan). The proposed project includes 122 units on 21.8 acres for a gross density of 5.59 dwel.l;ing units/acre. The proposed density lies within the anticipated density of the Cornprehensive Plan for this area. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Require that devetopment projects have planned for the provision of all public services. (Chapter VII, Goal III, Obj ective A, Action 1) • The roadways adjacent to the subject lands are currently owned and maintained by the Ada Counry Highway District (ACHD). This service wi11 not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change. • The subject lands currently lie within the City's urban service planning area and is serviced by Meridian City Fire Department. This service will not change. • The subject lands currently lie within the jurisdiction the Meridian Police Department (MPD). This service will not change. • The subject site can be serviced by the Ciry of Meridian's sanitary sewer and water system. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chaptet VII, Goal N, Objective C, Action 1: Protect existing residential pro.perties from incompatible land use development on adjacent parcels. Both the Comprehensive Plan and the Zoning Map envision the adjacent properties in this area of Meridian to develop with residential land uses. StafJ`' believes the proposed development to be harmonious with the ezisting and future residential developments in the area. • Chapter VII, Goal N, Objective D, Action 5: Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.). The applicant is reguired to install and maintain a 2S foot landscape bufjrer adjacent to both N. Locust Grove Road and E. Ustick Road. Within the required buffer the applicani is proposing a Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 7 CITY OF MERIDIAN PLANIVING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 2U08 berm. • Chapter VI, Goal II, Objective A, Action 3: Consider "Accommodating Bicycle and Pedestrian Travel: A Recornmended Approach" from the National Center for Bicycling and Waiking in all land-use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projecls, in a manner that is safe, accessible and convenient. Staff believes that the subject applicatioru generally comply with the applicable policies listed in the literature noted above. • Chapter VI, Goal Il, Objective A, Action 6: Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The adjacent residential projects to the southwest and north have provided opportunities for the subject site to provide vehicular connectivity. The applicant is proposing to extend the existing public streets to make connectians for vehicudar and pedestrian connectivity. Further, the applicant is proposing to construct a north-south public street, Chardin Avenue, along the west property line so that that vacant parcel can e~ciently develop and connect to the subject site in the future. Staff is generally supportive of the vehicular connectivity proposed. • Chapter VI, Goal II, Objective A, Action 5: Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The adjacent Quenzer Commons project to the north has provided an opportunity for a pedestrian connection to this property. The applicant is providing pedestrian connectivity internally as well as to the Quenzer Commons Subdivision No. 6 to the north. The applicant is also provided future pedestrian connectivity to the parcel west and south of the site. . Chapter VII, Goal IV, Objective C, Action 6: Require pedestrian access in ail new developrnent to link subdivisions together and promote neighborhood connectivity. See analysis above. . Chapter VII, Goal I, Objective D, Action 9: Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. Prior to construction of any buildings, temporary fencing should be constructed around the perimeter of this site. StafJ'~recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's development request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Schedule of Use Control: Unified Developrnent Code ([TDC) 11-2A-21ists multi-family developments as a conditional use in the R-15 zoning district. Specific Use Standards (UDC 11-4-3-27) apply to multi-farnily developments; please see Section 10, Analysis below for more information. Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 8 CITY OF MER1DlAN PLANNiIVG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 2008 b. Purpose Statement of the Residential Districts: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for ali residential districts. Residential districts are ,distinguished by the allowable density of dwelling wnits per acre and corresponding housing types that can be accommodated within Che density range. c. Multifamily Development (UDC 11-4-327): The following standards shall apply for the multifamily units, including standards for Site Design, Comrnon Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. Site design (IJDC 11-4-3.27B): The ~building shal~l provide a minimum setback of ten feet unless a greater setback is otherwise required by this titte. Building setbacks shal'1 take into account windows, entrances, porches and patios and how they impact adjacent properties. A11 site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer and utility vaults shall be located in an area not visible frorn a public street, or shall be fully screened from view from the publie street. A cninimurn of 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. , For the purposes of this Section, vehicular circulation areas, parking areas and private useable open space shall not be considered comrnon open space. The parking shail meet the requirements set forth in Chapter 3 of this Title. Developments with 20 units or more shall provide the following: a property management off ce, a maintenance storage area, a central mailbox location, a directory and map of the development at an entrance or convenient location for those entering the development. Common open space design requirements (UDC 11-4-3.27C): A minimum area of outdoor cornmon open space shall be provided as follows: a) 150 square feet for each unit containing 500 or less square feet of living area; b) 250 square feet for each unit contauung more than 500 square feet and up to 1,200 square feet of living area; and c) 350 square feet for each unit containing more than 1,200 square feet of living area. Common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a constrwcted barrier at least 4 feet in height. Site development amenities (UDC i1-4-3.27D): All multifamily developments shal-l provide for quality of life, open space and recreation amenities to rnet the particular needs of the residents as follows: a) Quality of Life (clubhouse, fitness facility, enclosed bike storage, and public aze such as a statue); b) Open Space (open grassy area of at least SU by 100 feet in size, comrnunity garden, ponds or water features, and plazas); and c) Recreation (pool, walking trails, children's play structures, and sports courts). The number of amenities shall depend on the size of the rnultifamily development as follows: For multifanuly developments with 75 units or more, 4 amenities sha11 be provided, with at least 1 from each category. For multifamily develo.pments with more than 100 units, the decision-making body shail require additional amenities commensurate to the size of the proposed development. Architectural Character (UDC 11-4-3.27E): Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARMG DATE OF MARCH 18, 20U8 All building elevations shall have a minimum portiori of the elevation devoted to architectural features designed to provide articulation and variety. These features shall ir~clude, but are not limited to windows, bays and offsetting walls that extend at least two feet; recessed entrances; and changes in material types. Changes in material types shall have a minimum dimension of two feet and rninimum area of 25 square feet. Main entrances, which are the primary point(s) of entry where the majority of building users wiil enter and leave, shall be designed as an obvious entrance and focal point of the building through architectural treatment, lighting, and address identification. Entrances shall be adequately covered, recessed, or treated with a permanent architectural feature in such a way that weather protection is provided. Roof forms shall be distinctive and include variety and detail when viewed from the street. Sloped roofs shall have a sigcuficant pitch. Flat roofs should include distinctive cornice treatments. Exterior building materials and finishes shall convey an impression of permanence and durabi~lity. Materials such as masonry, stone, stucco, wood, terra cotta, and tile are encouraged. Windows are required to allow views to exterior activity areas or vistas. Windows shall be provided on any building facing any common area wsed for children's recreation. All roof and wall-mounted mechanicai, electrical, cornmunications, and service eyuipment should be screened from public view from the adjacent public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means. Landscaping (UDC 11-4-3.27F): Development shall meet the minimum landscaping requirements in accord with Chapter 3 of this Title. All street-facing elevations sha11 have landscaping along their foundation. The foundation landscaping shal:l meet the following minimum standazds: The landscaped area shall be at least three feet wide; for every three lineal feet of foundation, an evergreen shrub having a minimum mature height of twenty- four inches shall be planted; and groundcover plants shall be planted in the remainder of the landscaped area. Maintenance and Ownership (UDC 11-4-3.27G): All rnultifamily developments shall record legally binding documents that state the maintenance and ownership responsibil~ities for the management of the development, including but not limited to structures, parking, common areas, and other development features. Outdoor storage/refuse areas (IJDC 11-3A-12): Outdoor utility meters, HVAC equipment, trash durnpsters, trash compaction and other service functions shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Chalet MarseiUes AZ, PP, CUP, PS & ALT PAGE 10 CITY OF MERPDIAN PLANN•MG DEPARTMENT STAFF REPORT FOR THE HEARFIJG DATE OF MARCH 18, 20U8 AZ Application: The applicant is proposing an R-15 zoning designation, which is generally consistent with the Medium Density Residential Map designation for this site. Approval of the subj~t annexation and zorung request would allow the Applicant to obtain a Medium-High Zoning Designation for the subject property. According to UDC 11-2A-2 a multi-farnily development is a conditional use in an R- 15 zoning district. For concwrrent review, the applicant has submitted a preliminary plat, a conceptual development plan and building elevations showing how this site may develop as an active adult community totaling 122 condorninium units. Based on the policies and goals contained in the Comprehensive Plan and the proposed Future Land iJse Map designation of Medium Deusity Residential for this property, Staff believes that the requested R-15 zoning district is appropriate for this property. Please see Exhibit D for a detailed analysis of the required facts and fmdings for an annexation. The annexation and zoning legal description prepared by Ronald M. Hodge, PLS, dated September 4, 2007 and submitted with the application, is accurate and meets the requirements of the City of Meridian and State Tax Commission. Development Agreement (DA): UDC 11-SB-3D2 provides the Planning & Zoning Comrnission and City Council with the authority to require a property owner to enter into a DA with the City of Meridian that may require some written cornmitment for all future uses. The applicant has provided staff with a CUP for a multi-family development on this site. Because the UDC has an extensive list of multi- family standards (Gsted in section 9 above) of wWch Staff will hold the applicant strict conformance to; Staff believes that a DA is not necessary in this instance. If the Commission or Council believe that a DA is necessary to ensure that this property is developed in a fashion that is consistent with the Comprehensive Fian and does not negatively impact nearby properties, Staff recommends a clear outline of the cornmitments of the developer be made. PP Application: Based on the policies and goals contained in the Comprehensive Plan and the general cornpliance of the proposai with fhe Unif ed Development Code, Staff believes that this is a good location for the proposed multi-farnily development. Please see below and Exhibit D for detailed analysis and facts and findings for a preliminary plat. Dimensional Requirements of the R-15 zone per UDC Table lI-2A-7: The applicant is proposing three residential lots and one common lot within an R-15 zoning district. T'he UDC requires a minirnum lot size of 2,400 squaze feet. T'he proposed lots comply with the R-15 zoning district dimensional standards. Landscaping: Locust Grove Road and Ustick Road are designated as arterial roadways. A 25-foot wide landscape buffer is required adjacent to arterials (iJDC Table 11-2B-3). The submitted landscape shows a 25-foot bermed landscape buffer along both roadways and complies with the LJDC. The UDC requires a 10-foot wide landscape bu~ffer along locaUcommercial streets; however, this standard does not apply to residential developments. On the submitted landscape the applicant has indicated the main public streets (N. Heritage View Avenue and E. Monet Street) within the development wi:ll be lined with trees and sod. Staff is supportive of this proposal as it adds to the attractiveness of the project. The applicant is also proposing to construet an intemai pathway system for recreational use. The submitted landscape plans do not show the trees and groundcover required by UDC 11-3B-12. Pathways should also be constructed in accordance with UDC 11-3A-8. Staff believes the applicant should provide a revised copy of the landscape plan demonstrating compliance with the UDC 11-3B-12 and the other landscape requirements mentioned herein. Ten copies should be made available to Staff prior to t6e City Council hearing, Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 11 CITY OF MERIDIAN PLANNfNG DEPARTMENT STAFF REPORT FOR THE HEARRVG DATE OF MARCH 18, 2008 UDC 11-3B-8C requires a minimum of 5 foot perimeter landscape buffer along lot lines that are adjacent to the .shared driveways. Said buffers shall be improved with trees and groundcover. The subrnitted landscape plan shows a shared driveway south of N. Chardin Avenue that does not provide the required 5 feet of landscaping. The applicant should provide a 5-foot landscape buffer with trees and groundcover along said driveway. There are some existing trees on this site. The applicant states some are to remain and be protected during construction and others are to be removed. Any existing on-site tree over 4" in cal~iper that is removed from the property shall be replaced by installing additional vees, being the eqwivalent number of caliper inches of those removed. Required landscaping trees will not be considered as replacement trees for those that are removed. The Applicant should coordinate a mitigation and protection plan with Elroy Huff at the Meridian Parks Department. A written certi.ficate of completion should be prepazed by the landscape azchitect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department upon completion of the landscaping prior to Certificate of Occupancy for the site. All standards of installation should apply as listecl in UDC 11-3B-14. Common Areas/Open Space: UDC 11-3G-1 requires the applicant to provide a certain amount of common open space and site amenities in residential districts. This section of the code is applicable to parcels 5 acres or larger in size. The subject property tota~ls approximately 22 acres which requires ihe site provide a minirnarn of 10% open space. In addition to the open space requirement certain amenities shall be provided on the site. Qualifying amenities include 5,000 square feet of grassy area, water features, plaza, clubhouse, picnic area, pool, walking paths and fitness facilities just to narne a few. The propos.ed project is providing approximately 13% common open space on the site with the following qualifying amenities: club house, pool, waiking path, plaza, community garden, water feature, fitness facility, picnic area, putting green and tennis courts. Staff believes the applicant has done an excellent job providing open space and amenities on this site. Also in accordance with the UDC, maintenance of all common areas shall be the responsibility of the Chalet Marseilles Homeowners Association. Drainage: Seepage beds for stonnwater drainage are shown on Lot 1, Block 2. No trees shall be planted over the seepage beds. All storm drainage facil~ities shall.comply with the standards listed in UDC 11- 3B-1 l, Stormwater Integration. NOTE: Applicant shall be aware that infiltration ponds for ACHD public streets require exposed filter sand. This sand area does not count toward the City of Meridian's open space requirements. Other provisions to meet vegetated open space requirements must be made when ACHD pond designs incorporate exposed filter sand. Proposed Streets and/or Access: Primary access to the site will be via N. Locust Grove to/from E. Monet Street. It is important to note the proposed alignment of said roadway is not adjacent to the roadway (E. Sucnmerheights Drive) east of the site. Staff has received written comments from ACHD supporting the alignment of the proposed streets. Furthermore, there is an existing LDS church site directly to the north. This site has a full access driveway approximately 30 feet north of the proposed public street. If the church were to request annexation into the city, Staff would probably condition that the church's full access driveway be vacated. Therefore, Staff is supportive of the applicant's proposal to construct E. Monet Street along the nort6 property line. This way the church can take access from Monet Street and not Locust Grove Road in the future. In addition, N. Heritage View Avenue will be extended from the north to provide access and connectivity to the residential subdivision (Quenzer Commons No. 6). N. Heritage Avenue and N. Chardin Avenue, both public roadways, will stub to the southwest for future connectivity to adjacent properties. There is an existing 8-foot wide strip between Wanda's Meadows and the subject site. The applicant has stubbed N. Heritage View Avenue to the south, in alignment with Yellow Peak Avenue, so the properties will be interconnected when the Whitson (spite strip) property develops in the future. The same Whitson pro.perty lies west of the subject site, east of Wanda's Meadow. The applicant is Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARfNC DATE OF MARCH 18, 2008 proposing to construct a north-south public street along the east side of the Whitson property so it can effectively develop in the future. Staff is supportive of the public street design for Chardin Avenue. The applicant should provide a public tumaround easement where N. Chardin Avenue and E. Vernet Lane intersect. If these changes are made, Staff is supportive of the proposed access for this development. Along with public streets within the developrnent, the applicant is proposing eight private streets that will provide access and circulation within the proposed development. The private street requirements will be further explained in the Private Street section below. Ditches, Laterals, and Canals: There are several irrigation ditches that run throughfalong this property. The submitted site plan indicates the ditches are be tiled. Per UDC 11-3A-6, all irrigation ditches, laterals or cana~ls, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not avai:lable, 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 payrnent of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Existing Structures: The site currently contains an existing single family horne with associated outbuildings. The submitted plans indicate all existing buildings are to be rernoved to make way for the proposed multi-family development. Prior to the City Engineer's signature of the final plat, all exisNng buildings on this site shall be removed. Fencing: The submitted landscaping plan shows a decorative concrete wall proposed for the development; however, perimeter fencing is not shown on the preliminary plat. The applicant should state at the public 6earing if perimeter fencing is proposed for the site. At a minimum, temporary construction fencing should be installed prior to issuance of building pernuts for the subdivision. Fencing should taper down to a 3 foot maxirnum within 20 feet of all rights-of-way. All fencing shall be installed in accordance with UDC 11-3A-7. CUP Application: The applicant has submitted for CUP approval of 122 units and club house in a proposed R-15 aone. As mentioned above, Staff feels a Development Agreement is not warranted for this site because staff is including all conditions of the multi-family development within the CLJP conditions. The site is to consist of no more than 122 multi-family wnits with a club house. FurChermore, the applicant should submit for a condo plat for the subject project in the future, as proposed. Multi-family Standards: The UDC has several specific standards that apply to multi-family developments (See Section 9 above for a complete list.) These standards apply to Site Design, Common Open Space, Site Arnenities, Architectural Character, Landscaping, and Maintenance. Below aze some of the multi-family and general design standards that the applicant should be required to comply with. Site Designc UDC 1-4-3.278 requi~res developments with 20 units or more provide the following: a property management office, a maintenance storage area, a central mailbox location, a directory and map of the development at an entrance or convenient location for those entering the development. The referenced requirements above are for multi-family developments. The applicant intends to condo the 122 units; if the subj ect applications are approved (which the city would then classify the units as single-family). Therefore, Staff believes the requirernents for the property management office and a maintenance storage area is not warranted. In addition, the applicant states the Home Owner's are to maintain the proposed develop Ehru CCR's that will govem the development. However, Staff feels with the amount of units proposed, the site should include centralized mail box locations throughout the development and provide a directory and site map located at the entrance of the development. Chalet Macseilles AZ, PP, CUP, PS & ALT PAGb 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TME HEARING DATE OF MARCH 18, 20U8 The applicant should include these revisions on the site plan prior to commission review as weU. Multi-family Setbacks: The applicant is proposing a rnulti-farnily development within an R-15 zoning district. Typically the UDC requires a minimum 10-foot setback to the perimeter unless a greater setback is required by the UDC. In this case, the rear setback for the R-15 zoning district is greater than the 10-foot requirement (12 feet). The minimum interior setbacks between buildings should be 10 feet. The submitted site pian shows the structures comply with the 12-foot perimeter setback. However, sorne of the internal buildings are between 9 and 10. Staff believes the applicant should comply with the 10- foot requirement between the buildings. Site Plan: The applicant is proposing several different structures on this site. The site is expected to develop with 40 buildings, including the club house. The mix of buiidings includes 2 single detached buildings, 14 bi-unit buildings and 23 quad unit buildings, totaling 122 units. The two building footprints for the subject site include a large floor plan totaling 66 units and the other is a small floor plan which totals 56 units. The site is expected to develop with the 8 smaller bi-unit buiidings and 10 smaller quad-unit buildings located primarily intemal to the development. The larger-unit buildings are located along the perimeter of the development and consist of 2 single unit buildings, 6 bi-unit buildings, and 13 quad-unit buildings. All of the units have attached two car garages with a parking pad in front of each unit. Staff is not supportive of the shared drive sisles and parking pads for the units located along the perimeter of the project and the one quad unit building located on Lot 1, Block 2. Staff believes that the parking pads in front of the garages should be 20' x 20'and provide a 25-foot drive aisle (65' lengfh total) to aecommodate vehicular maneuverability or shorten the parking pad to 5' in length or less to discourage parking in froat of the garages (35' length total). If the pads are constructed as proposed (50' length between garages) in front of some of the garages then cars will be tempted to park iu front of the garages, thus blocldng the drive aisles. NOTE: AU of the internal units comply with this parking and drive aisle/back-up requiremeat. Staff has determined the amount of units unable to conform to the above mentioned requirement at 60 units. Staff believes the applicant could revise the site plan to have some of the buildings comply with the above mentioned requirement. Staff realizes that all of the units may not be able to comply and suggests t6e applicant reconfigure the site plan to have at least 75% (92 units) compiy with the single family parking requirements. The other additional parking for the 30 units wit6out parking pads (5-foot) would be on t6e private streets as proposed. Staff would suggest the applicant request continuance to allow time to review the revised site plan. Staff believes this a significant change to the site plan and advises the applicant submit 10 revised copies of the site plan prior to the Commission hearing. Parking: UDC 11-3C-6A requires multi-family dwellings 2 or more bedrooms to have a two-car covered carport or garage for each unit. The submitted site layout proposes two car garages for each of rhe multi-faxnily units. If the multi-family developments are platted for condominiums in the future, the applicant would not comply with the single family parking standards of the UDC. The applicant wouid have to comply with this requirement to gain approval for a condo plat. If the applicant revises the site plan as Staff has suggested above, staff is supportive of the parking within the proposed development. The proposed parking spaces for the muiti-famiiy development should conform to Che dimensional requirements of the UDC. The submitted site plan shows the visitor parking stalls meet the standard parking stalls of the UDC. Elevations: The applicant has submitted bui~lding elevations for all of proposed buildings including the club house. There are four types of elevations proposed, two for each of the larger footprint buildings and two for the small footprint buildings. Both of the product types are shown to be constructed of Chalet Mar.seilles AZ, PP, CUP, PS & ALT PAGE 14 CITY OF M£RIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TH£ HEARING DATE OF MARCH 18, 3008 stucco with substantiai stone accents, architectural roofing shingles, covered entrances and tal'1 entry doors. Some of the other accenting features include copper metal roofing on the eaves of the proposed smaller units and the chimneys of both the larger and smailer units; arched windows board and batten and shake shingle siding accenting the front facades of the larger units. The club house is proposed to be constructed of board and batten and shake siding with accented stone front fa~ade highlighted by an entryway rotunda. Majority of the windows are arched and accented with shutters. Staff likes the appearance of the proposed buildings and any future buildings shall substantially comply with the construction materials and design elernents shown in these e}evations. Furthermore, Staff believes no more than hvo buildings in a row (side by side) should 6ave Che same elevation typology. UDC 11-4.3 requires multi-family strwctures to comply with specific design standards. Exterior building materials and finishes should convey an impression of permanence and durabiiity. Materials such as masonry, stone, stucco, wood, terra cotta, and tile are encouraged. Staff beTieves that the elevations submitted with the CUP significantly meet the requirements of the design standards listed in UDC 1 l- 3A-19. Density: As noted on the Comprehensive Plan Future Land Use Map, this area is designated Mediurn Density Residential. This designation anticipates densities between 3 to 8 dwelling units to the acre in this area. The applicant is proposing a density of 5.59 dwelling units to the acre. The applicant cornplies with the density allowed in an R-15 zone and the Comprehensive Plan. Staff is supportive of the proposed density. Landscaping: Per UDC 11-4-3.27.F, all street-facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: The landscaped area shall be at least three feet wide; for every three lineal feet of foundation, an evergreen shrub having a minimum mahue height of twenty-four inches shall be planted; and groundcover plants shall be planted in the remainder of the landscaped area. The submitted landscape plans do not reflect the foundation planting requirements referenced above. Staff believes the appGcaat should provide a revised copy of the landscape plan demonstrating compliance with the multi-fam7y development requirements. Ten copies should be made available to Staff 10 days prior to the City Council hearing. Pedestrian Pathways: The adjaeent project to the north (Quenzer Comrnons Subdivision No. 6) has provided an opportunity far a pedestrian connection with this property via 5-foot attached sidewalks along N. Heritage View Avenue. As mentioned earlier there is an existing 8-foot wide spite strip/flag associated with the Whitson parcel to the southwest. Yellow Peak Avenue is stubbed to this spite strip from Wanda's Meadow. Because of that strip the applicant is not able to connect the roadway or sidewalk to the southem development. Howevec, the applieant has stubbed a street and sidewallc to the Whitson property for future connectivity. Furthermore, Staff is recommending the applicant re- locate the proposed sidewalk along the northern side of E. Monet Lane to the south side of said street to provide better pedestrian connectivity between the developments, when the Wlutson property is developed. Private Useable Open Space: UDC 11-4-3.27B requires a minimum of 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 oeher access ways sl~all not count toward this requirement. The applicant has shown, on the floor plans, that each dwelling unit will provide at least 80 square feet of covered patio on both the lazger footprints and the smaller footprints. This patio is being provided on the side of each unit. Staff is supportive of the location of covered patios. Amenities: The applicant is required to provide amenities for the multi-famiiy development. For multi-family developments with more than 100 units, the decision making body shall require amenities commensurate to the size of the development (LJDC 11-4-3.27D-2d). As a reference, the iJDC requires Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE IS CITY OF M£RIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 2008 multi-family developments containing 75 units or more to provide 4 amenities, with at least one from each category (Quality of Life, Open Space, and Recreation). The applicant is providing arnenities as follows: 5,240 square-foot comrnunity club house with a fitness facility, stadiurn seating theater, a gathering area with a commercial-grade kitchen (Quality of Life) and swimming pool (Recreation). The entrance to the club house will be accented with a courtyard and water feature (Open Space). Other amenities include a walking trail around the perimeter of the property (Recreation), covered pavilion with barbeques (Quality of Life), tennis courts (Recreation), putting green (Recreation), a community rose garden, a plaza area and open grassy areas with sitting areas (Open Space). Staff believes the applicant has done a great job providing amenities within the proposed development. Furthermore, Staff recommends that the Commission determine if the proposed amenities are appropriate for a development of this size. Open Space: UDC 11-4-3.27C requires a minimum area of outdoor common open space shali be provided as foliows: a) 150 square feet for each unit containing 500 or less square feet of living area; b) 250 sqnare feet for each unit contauung more than 500 square feet and up to 1,200 square feet of living area; and c) 350 square feet for each unit containing more than 1,200 square feet of living area. Cornmon open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a constructed barrier at least 4 feet in height. The units for the proposed multi-family developments range in size from 1,200 square foot units to 1,900 square foot units. The UDC requires 350 square feet for each unit containing more than 1,200 square feet of living area. The multi-family developments are proposing a total of 122 wnits. The minimum amount of open space required per code for all of the proposed multi-family development is 42,700 sq. ft(122 X 350 sq. R). The applicant states that 6.69% (63,513 sq. ft.) of the site is being set aside for common usable open space. Maintenance of all common areas should be the responsibility of the Home Owners' Association(s). Staffbelieves that tbe open space proposed complies with the UDC. Refuse Areas: The Sanitary Services Company (SSC) has not commented on the proposed dumpster locations or design. The applicant should contact SSC for fiuther cornrnent on enclosure design and location prior to submitting for a CZC. PS (Private Street) Application: 1n conjunction with the public streets, the applicant is proposing to construct eight private streets to provide access and circulation within this developrnent. The UDC requires private streets to be constructed within an easement and have a travel lane width of 24' or 26' with no allowed parking as deternuned by the Fire Marshal. The proposed private streets are all internal to the development and are to be constructed as a 36-foot street section that includes a 5-foot wide sidewalk on one side, a 2 foot rolled curb, 2 14-foot wide travel lanes, an 8 foot parking area, and a 1 foot ribbon curb. The applicant has submitted a Private Street application as required by UDC 11-3F-3 and received Fire Department approval for the proposed street section. Staff is supportive of the applicants request and has provided further analysis in the Altemative Compiiance section below. ALT (Alternative Compliance) Application: The specific request for alternative compliance is associated with the width of the travel lanes and the parking on private streets. The UDC requires the travel lanes of Private Streets to be a minimuxn of 24 feet with no on street parking. The applicant is pro.posing 20-foot travel lanes with an 8-foot pazking lane. The applicant states that this private street is identical to ACHD's reduced 29-foot street section. The applicant has also contacted the Meridian Fire Department and received Fire Department approval for the proposed street section. Staff believes the proposed design would not create a safety hazazd and ailows some visitor parking within the development. In Lieu of the Private Street Standards, staff supports and approves ALT-07=020 associated with the findings in Exhibit D. Staff is recommending that the applicant submitted a revised site plan for the proposed Chalet Marseilles development (AZ-07-020, PP-07-027, CUP-07-023, PS-07-008, & ALT-07-020). If the Commission finds Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 16 CITY OF MERlD1AN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARFNG DATE OF MARCH 18, 2008 that the revised plans are acceptable and wishes to forward on a recommendation of approval to the Council, staff has included conditions listed in Exhibit B of t6e Staff Report. The Meridian Planning & Zoning Commission heard these items on Januarv 17. 2008 and February,~7. 2008. At the public hearlne the Commission moved to recommend aonroval of the subiect AZ. PP and CUP request. The Meridian ('itv CoLncil heard these items on March 18. 2008. At the n~blic hearin~ the C_o~ncil aonroved th iec A._ PP. ~. P and i.T rea ~ect 11. EXHIBITS A. Drawings 1. Vicinity Map 2. Preliminary Plat (dated: 03-05-08) 3. Landscape Plan (dated: 03-OS-08) 4. Site Plan (dated: 03-OS-08) 5. Elevations B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Descriptions & Exhibit Maps D. Required Findings from the Unified Development Code 1. Annexation and Zoning Findings 2. Prelirninary Plat Findings 3. CUP Findings 4. Private Street Findings 5. Alternative Compliance Findings Chalet Marseilles AZ, PP, CUP, PS & ALT ' PAGE 17 CITY OF MERIDIAN PLANNfNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH I8, 2U08 1. Vicinity Map Exhibit A CITY OF M6RIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAR(NG DA7'E OF MARCH I8, 2UU8 2. Preliminary Plat Revis.ed ~ lad'msYOi:~J ~ 13iM8 N2A07 m\ ~: ORtxs~et~uwd ~ ' lY1dAYVMWI~tld ! `~ ^ ~ 1 ~{O~L~ ,°9°i . . i . ~~ ~ ~ •~d~«yw~e•so~ ".~- ~^~'""'""-'"" o-roai'uNno~vov'NVIOIkJ3W + ~9 ~w'snaarooNae~n~r ~ ~•-r~~,R~•" ~ NOISIAIG6f1SS31U3SklVWl3ltlHb 1+ 8 14i ~-- 3 aa ~:~~~ ~3 3~~~i~ ip ~~a~~ a ~. ~ ~j:¢a~a~ ~ ~#a~ ,e ~TQi~~ i > $ ~p li1t~~~~iJt~i~~j~~! ~~~tjla~~Sjf~al~~slr~I~,4f1~~~ix - . ~d=~--- ,.,_;' _~e ~ilt~~~~~il~d~~~ 3ItI~~~~~~S~~J~~~~~~~#~~~~~~~~~ ~~f ~ i ~II III II (I~;~i~iil~l ~ _ i ~s ~c~`Y ~ i ~•co.a0 aa~• 1 ` ~c1 ! ~N ~ tGOftxemf.,- .C~ gL, ,~~,,''' I~~1~~~ ~~ III!I~~il~~ll ~ J i ~ ~ } B is ~ ` ! J ~ . 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Merldlar~ Idaho 83842 a OveraQ l.andscape Plan ~ ~4 ~ _ ~==~" ~ ~~ . ..: '~ - ~-.•----.~- .~~ _~ ~ ~ pascnag uzid ads~spueZ •~ 80UZ `81 H~~VW d0 H.LV4 JPII~I`J3H 3H.L bOd .LbOd3b d~d.LS 1N3W1bVd3a JWNNb"ld KV[ala3W d0 AJ.I~ C1TY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARiNG DATE OF MARCW 18, 2U08 4, Site Plan Revised Z O ~ / ~ m ~ V/ W J J IlJ ~ ~ Q ~ H W J _ U ~ ~ i t N X ~ C ~ ~ ~ y 9 a + L°. va °a'~ H d b p A~ c ^ ~ ~ O ~ N ~+ N N P N ~ C q 0. O ~' O N ~ O O CO O oo .O ~ ~ ~ A ~ E N C N 4 ~ O ~ ~ N 1~ ~o ~° ~ N J .~. Gx! d o. o ~ C ~ ~ ~ ..~. N d C ~ q .' y C gj ~ t t ~ y u ~ ° ~ ~ ' ~ ~ a ; ~ e ~ « ° ~ ~ ~ ~ ~ ~ ~ j ,~J /~ ~`~-~- - , ~ ~. _.; ~ r' ~I " _ ' ._ _ _ ._ _- _'_ '_.""' .~'.. '_ ' _'_'._.. . Exhibit A CITY OF MERIDIAN PLANNMG DEPARTMENT STAF•F RERORT FOR THE H~EARiNG DATE OF MARCH I8, 2008 5. Elevations (Large Footprint) FRONT ELEVATiQN RIGMT ELEVATION FRONT ELEVATION RIGHT ELEVATION ~ ~ ~ ~~ ~ Exhibit A CITY OF M£R1DlAN PLAN~NiNG DERARTMENT STAFF REPORT FOR THE H£ARING DATE OF MARCH 18, 20U8 5. Elevations (Srnall Fooiprint) FRONT ELEVA710N RIGHT ELEVATION FRONT ELEVATION RiGHT ELEVATION ~..~- Exhibit A CITY OF M~ERIDIAN PLANNIAIC DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 2008 ~ , ~I . . . . ~~ : .. :. -~ ~.: ~~~ ... ~ ~ ' . . ~~ _ ~ REAR ELEVATION .:...a ~ _ .. .... .. a; FRONT ~ELEVATION ~ SI NGLE UNIT Exhibit A CITY OF MERIDIAN PLANNMG DEPAR7MENT STAFF RERORT FOR THE HEARING DATE OF MARCW 18, 2UU8 ~ ~ ; ..~ "~' i . - - "_ '~ -- '~-- 6 a ~~ ~~ 1• - a'- ~ ~ ~ .~ _ "~ REAR ELEVATION FRONT ELEVATION RIGHT ELEVATION LEFT ELEVATION Euhibit A 5. Elevations (Clwb House) CITY OF MERIDIAN PLANN(NG DEPARTMENT STAFF REPORT FOR THE HEARGNG DATE OF MARCH 18, 2U08 B. Conditions of Approval 1. PLANNING 1.1 ANIVEXATION/ZOIVING 1.1.1 The annexation and zoning legal descriptions submitted with the appTication (stamped on September 4., 2007 by Ronald M. Hodge, PLS) is accurate and meet the requirements of the City of Meridian. 1 1 2 A Develonment A~reement~!i» hP rP^~>irP~ ac nA;~ nf t e annexatio~and zonin¢ of tlis nronertv. win • • Conctr~ct a maxirn~m of 120 ~nits on thi ite and comnlv with the site nlan. dated 03-OS-08. and elevations submitted with the C~ . 1.2 PRELIMINARY PLAT 1.2 Site Specific Conditions 1.2.1 The 4-lot preliminary plat prepared by J-U-B Engineer.s, dated 03/OS/2008 (attached in Exhibit A), is approved, with the aonditions IisCed herein. 1.2.2 Except for the full-access public streets into the development (one to N. Locust Grove Road), direct lot access to Ustick Road and Locust Grove Road is prohibited. N. Heritage View Avenue shall be stubbed to the south as proposed and N. Chardin Avenue shal~l be constructed as a 40-foot street section and stubbed to the west when the Whitson property is developed. E. Monet Street shall be constructed along the north boundary (south boundary of the church) to provide access for future connectivity to the LDS Church site. 1.2.3 Prior to the City Engineer's signature on the final plat, all existing structures shall be removed. 1.2.4 The landscape plan prepared by Breckon Land Design, dated 03/OS/2008, labeled Sheets L 1.1-1.3 (attached in Exhibit A), is approved with the following notes/changes: • Provide a minimum 25-foot wide bermed landscape buffer along Locust Grove Road and Ustick Road, with meandering detached 5-foot sidewalk, as proposed. All landscape materials shali be installed in accordance with UDC 11-3B-9, Landscape Street Buffers. • Provide a rninimum 5-foot landscape strip with trees and sod along both sides of E. Monet Street and N. Heritage View Avenue, as proposed. • Per UDC 11-3B-10, the Applicant sliall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. Provide a copy of the plan to the Planning Department with the final plat submittal. • The applicant shall construct and install the pathway in accordance with UDC l 1-3A-8 and UDC 11-3B-12. 8G • A written eertificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. . Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARfNG DATE OF MARCH 18, 2U08 Submit revised landscape plans to the Ptanning Departtnent with the submittal of the fi~nal plat application. 1.2.5 T'he City of Meridian requires that presswi2ed irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the domestic water system shal~l be reyuired. If a single-point connection is ntilized, the developer shall be responsible for the payment of assessments for the imgable landscape areas prior to signature on the final plat by the Meridian City Engineer. 1.2.6 Per LJDC 11-3A-6 all irrigation ditches, laterals or canals, that intersect, cross or lie within the area being subdivided shail be tiled. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to construction plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 1.2.7 All development improvements including water, sewer, fencing, landscaping, amenities and pressurized irrigation shail be installed and approved prior to City's Engineers signature on the fmal plat. 1.2.8 A letter of credit or cash surety in tlie amount of 110% witl be required for all required fencing, pressurized irrigation, landscaping, sanitary sewer, water, etc., prior to signature of the final plat. 1.2.9 Applicant shall be required to pay Pwblic Works development plan review and construction inspection fees, as deternuned during the plan review process, prior to signature on the final plat per Resolution 02- 374. ' 1.2.10 Maintenance of all common azeas shall be the responsibility of the developer or assigns. Record legally binding docurnents that state the maintenance and ownership responsibilities for the management of the developrnent, including but not limited to structures, parking, common areas, private streets, and other development features. 1.2.11 Applicant shall be aware that infiltration ponds for ACHD public streets require exposed filter sand. This sand area does not count towazd the City of Meridian's open space requirements. Other provisions to meet vegetated open space requirements must be made when ACHD pond designs incorporate exposed filter sand. 1.2.12 The applicant shall work with staff and the LDS Church for an anpronriate location for future access along E. Monet Street to deterniine future connectivitv if/when the LDS Church rec~uest annexatian into the Cit . 1.2.13 Construct the deeorative block wall as proQosed. If the LDS Church does not allow the avplicant to construct the decorative block wall along the northern boundary of E. Monet Street, then said wall shall not be required. 1.3 GENERAL CONDITIONS 1.3.1 Sidewalks/walkways shall be installed within the subdivision and along the adjacent streets pursuant to LJDC 11-3A-17. 1.3.2 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as noted in this report, shali be submitted for the subdivision with the final plat application. Where the Applicant has submitted a preliminary landscape plan and where Staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by Staff. 1.3.4 The Applicant shall submit a fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction feneing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences sha~ll taper down to 3 feet Exhibit B - Page 3 CITY OF M~ERIDIAN PLANNIIVG DEPARTMENT STAFF REPORT FOR THE HEARf1VG DATE OF MARCH 18, 2008 rnaximum within 20 feet of all right-of-way. All fencing should be instailed in accordance with LJDC 11-3 A-7. 1.3.5 Staff's failure to cite specific ordinance provisions or terms of the approved annexation or preliminary plat does not relieve the Applicant of responsibility for compliance. 1.3.6 Ereliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 1.3.7 The applicant shall comply with the dimensional standards of the R-15 zoning disErict; provide a minimum 12' perimeter setback. 1.4 CONDITIONAL USE PERMIT 1.4.1 The site plan, prepared by 3-U-B Engineers, Inc., dated 03/OS/2008, is ~ approved. D~^..:a° °-°-,:°°a ~ ~ ~ i~n~ .. ~n~ ....a ,...a ~v ...:a~ a..:.,,, ~;~~„~ ~_ ~coi__~; t~.. ~ All comments and conditions of the accompanying Annexation (AZ-07-020) and Preliminary Plat (PP-07-027) appl~ications shall also be considered conditions of the Conditional Use Permit (CUP-07-023). 1.4.2 The applicant shall construct a rnaximwm of ~ 120 units. All buildings shall be condoed, as proposed. 1.4.3 No more than two buildings in a row (side by side) shall have the sarne elevation. 1.4.4 The landscape plan prepared by Breckon Land Design., dated 03/OS/20U8, is approved with the following modifications/notes: • Per UDC l 1-4-3-27, all street facing elevations shall have landscaping along the foundation for the multi-family units as fol.lows: - The landscaped area shall be at least 3-feet wide; - For every 3 lineaz feet of foundation, an evergreen shrub having a minimum rnature height of 24 inches shall be planted; and - Ground cover plants shall be planted in the remainder of the landscaped area. 1.4.5 Provide private streets and private street signs within the multi-family development. Said private streets shall be constructed as approved with PS-07-008 and ALT-07-020 (see 1.5 below) in lieu of. Provide a public turnaround and tumaround easement where the N. Chardin Avenue and E. Vemet Lane intersect. 1.4.6 . 1.4.7 Provide at least 80 square feet of private, useable open space, such as a patio or balcony/deck, for each multi-family dwelling unit, as proposed on the floor plans. 1.4.8 Provide amenities as follows: a minimum 63,513 sq. ft of open space, a 5,240 square-foot community club house and fitness facility (Quality of Life), pool (Recreation), 5 foot walking trails around the perimeter of the property (Recreation), a pavilion with tables and bazbeques (Quality of Life), water feature, plaza area, a community rose gazden, a putting green, tennis courts, oval track and open space with sitting areas (Open Space), as proposed. 1.4.9 Building setbacks, separation between proposed structures shall comply with the Building Code and Fire Code. T'here shail be a minunum of 10 feet between buildings. 1.4.10 As deternuned by the Planning Director, the multi-family buildings and clubhouse constructed on this site shall substantially cornply with the renderings submitted to the City with the CUP application, and Exhibit B CiTY OF MERIDIAN PLANN'ING DEPARTMENT STAFF RERORT FOR TH~E HEARiNG DATE OF MARCH 18, 2008 as modified by the conditions of approval herein. All roof and wall-mounted mechanical, electrical, communications, and service equipment shall be screened from public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means. Further, all buildings shall comply with the architectural standards of UDC 11-4-3,27E. 1.4.11 No building or structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) permit .frorn the Meridian Planning and Zoning Department. NOTE: Multiple multi-family bwildings may be contained in a single CZC permit. 1.4.12 Prior to CZC issuance, provide assurances that construction debris will not blow off of the property by either having a debris maintenance plan or providing temporary construction fencing. 1.4.13 Comply with all of the standards listed in UDC 11-4-3.27 regarding multi-family developments, including Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. 1.4.14 Prior to obtaining certifieate(s) of occupancy, all development improvements, including perimeter fencing, irrigation, and landscaping shall be installed. 1.4.15 Staffs failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.4.16 If the buildings are to be platted as condominiums in the future, the applicant shall construct a 20' X 20' parking pad in front of the units as ~ronosed on the revised site plan. ~~gs , , ~ , . , , • 1.4.17 Provide centralized maii box locations throughout che development. 1.4.18 Comply with ail of ACHD's requirements and eonditions for this project. 1.5 PRIVATE STREET/ALTERNATIVE COMPLIANCE 1.5.1 Construct N. Picasso Lane, E. Verr-et Lane, N. Rousseau Lane, E. Monet Lane, N. Macisse Lane, E. Renoir Lane, E. Voltaire Lane and E. Leroux Lane as 36-foot street sections that includes a 5-foot wide sidewalk on one side, a 2 foot rolled curb, 2 10-foot wide travel lanes, an 8 foot parking area, and a 1 foot ribbon cwb. 2. PiJBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in N Heritage Ave and N Locust Grove Road. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than altemate materials shall be used in conformance of City of Meridian Publ-ic Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in N Locust Grove Road, N HeriEage Ave and N Yellow Peak Ave. The applicant shall be responsible to install a PRV at the N Heritage Ave water connection at the developer's expense, coordinate size with Kyle Radek in the engineering departrnent at 898-SSUO. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. Exhibit B CITY OF MER-DIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 20U8 2.3 The applicant shall provide a 20-foot common lot for all public water/sewer mains outside of public right of way. The common lot shall be covered with a blanket easement to the City of Meridian. 2.4 The applicant shal°l provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shail not be dedicated via the plat. The description shall be consistent with the graphically depicted easements on the plat but be recorded as a separate document using the City of Meridian's standard forrns. Submit an execated easement (on the forrn available from Public Works), a legal description, which rnust include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-83). The applicant should be required to use any existing surface or well water for the primary source. If a swrface 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 comrnon areas prior to signature on the final plat by the City Engineer. 2.6 All existing structures shall be rernoved prior to signature on the final plat by the City Engineer. 2.7 All irrigation d'itches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and eontiguous to the area being subdivided shall be tiled per LJDC 11-3A-6. Plans shal~l be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.8 Any existing dornestic 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. 2.9 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. 2.10 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, 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. 2.11 A letter of credit or cash swety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sazutary sewer, water, etc., prior to signature on the final plat. 2.12 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.13 Applicant shall be required to pay Public Works developrnent plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02- 374. 2.14 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. 2.15 Applicant shail be responsible for application and compliance with any Section 404 Pernutting that may be required by the Army Corps of Engineer.s. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 20U8 2.16 Developer shail coordinate mailbox locations with the Meridian Post Office. 2.17 All gracling of the site shall be performed in conformance with MCC 11-12-3H. 2.18 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. 2.19 The engineer shal~l 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 teast 1-foot above. 2.20 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 shal.l 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. 2.21 At the cornpletion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings mwst be received and approved prior to the issuance of a cerkification of aecupancy for any structures within the project. 2.22 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. AI'1 streetlights shall be installed at subdivider's expense. Typical locations are at street intecsections and/or fire hydrants. Final design locations and quantity are deternuned after power designs aze completed by Idaho Power Company. The street Tight contractor shall obtain design and pernut from the Public Works Department prior to comrnencing installations. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn azound. Phasing of the project may require temporary approved turn around on streets greater than 150 feet in length with no outlet. 3.3 Private Al'leys and Fire Lanes shall have a 20' wide improved surFace capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.4 Qperational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.5 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by no less than % the diagonal measurement of the full development. The applicant shall provide a stub street to the property to the (south). 3.6 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street , width shall have no parking. Streets with less than 33' shall have parking only on one side. These • measurements shall be based on the face of curb dimension. 3.7 All portions of the buildings located on this project must be within 150 feet of a paved surface as rneasured around the perimeter of the building. Ezhibit B CITY OF MERIDIAN PLANNING flEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH I8, 2U08 3.8 Where a portion of the facility or building hereafter conswcted or moved into or within the jurisdiction is rnore than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measur~ by an approved route azound the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler systern instalied in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement sha11 be 60U feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 9033.1.2, the distance requirement shall be 600 feet (183 m). 3.9 There shall be a fire hydrant within 100' of all fire department connections. 4. POLICE DEPARTMENT 4.1 No cornments received. 5. PARKS DEPARTMENT 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Constrwction: The standard established in the City of Meridian Landscape Ordinance ([JDC 11-3B-10) will be followed. 6. SANITARY SERVICE COMPANY 6.1 No comments received. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Dedicate 23-feet of additional right-of-way (48-feet total from centerline) along Ustick Road abutting the parcel. The right-of-way purchase and sales agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Cornmission or prior to issuance of a building pernvt, whichever comes first. Allow 30 business days to process the right-of- way dedication after receipt of all requested material. The District will purchase the right-of-way which is in addition to existing right-of-way from available Corridor Preservation Funds. 7.1.2 Dedicate 23-feet of additional right-of-way (48-feet total from centerline) along Locust Grove Road abutting the parcel. The right-of way purchase and sales agreement and deed must be completed and signed by the applicant prior to schedwling the finat plat for signature by the ACHD Commission or prior to issuance of a building permit, whichever comes first. Allow 30 business days to process Che right-of-way dedication after receipt of all requested material. The District will purchase the right-of- way which is in addition to existing right-of-way from available Corridor Preservation Funds. 7.1.3 Construct a 5-foot detached concrete sidewalk along Ustick Road abutting the site no closer than 41-feet frorn the centerline arid aligning with existing improvements to the west. If a portion of the sidewalk is located outside of the public right-of-way, the applicant shall provide the District with an easement for Exhibit B CITY OF MERIDIAN PLANNIIVG DEPARTMENT STAFF REPORT FOR THE HEARiNG DATE OF MARCH 18, 2U08 public access. The easement shall extend from the public right-of-way to the back of sidewalk. There shall be no gap between the sidewalk easement and the public right-of-way. 7.1.4 Conswct a 5-foot detached concrete sidewalk along Locust Grove Road abutting the site no closer than 41-feet from the centerline and aligning with existing improvements to the north. If a portion of the sidewalk is located outside of the public right-of-way, the applicant shall provide the District with an easement for public access. The easement shal'1 extend from the pubiic right-of-way to the back of sidewalk. There shall be no gap between the sidewalk easernerit and the public right-of-way. 7.1.5 Construct N. Chardin Avenue as proposed with a minimum of 24-feet of pavement, rolled curb and gutter on its east side. 7.1.6 Construct a public tumaround at the south terminus of Chardin Avenue. The turnaround shail be subject to the approval of the Meridian Fire Department. 7.1.7 Construct a 4-foot detached concrete sidewalk alog the east side of Chardin Avenue. If a portion of the sidewalk is located outside of the public right-of-way, the applicant shatl provide the District with an easement for public access. The easement shall extend from the public right-of-way to the back of sidewalk. There shall .be no gap between the sidewalk easement and the public right-of-way. 7.1.8 Construct Heritage View Avenue as proposed with 32-feet of pavement and rolled curb and gutter on both sides. Heritage View Avenue shall connect with the existing Heritage View Avenue stub to the north and align with the existing Yellow Peak Avenue stub to the south. 7.1.9 Install a sign at the south ternunus of Heritage View Avenwe stating that, "THIS ROAU WILL BE EX'TENDED IN 'THB FU1'URE." 7.1.10 construct 4-foot detached concrete sidewaks on both siiies of Heritage View Aven~e and connect tem with existing sidewalk improvements to the north. If a portion of the sidewalk is located outside of the public right-of-way, the applicant shall provide the District with an easement for public access. The easement shall extend from the public right-of-way to the back of sidewalk. There shall be no gap between the sidewalk easement and the public right-of-way. 7.1.11 Construct Monet Street as proposed with 32-feet of pavement and vertical curb and gutter on both sides. Monet Street's right-of-way shall abut the north property line. 7.1.12 Construct a 5-foot attached sidewalk along the north side of Monet Street. 7.1.13 Construct a 4-foot detached concrete sidewalk along the south side of Monet Street. If a portion of the sidewalk is located outside of the public right-of-way, the applicant shall provide the District with an easement for public access. The easement shall extend from the public right-of-way to the back of sidewaik. There shall be no gap between the sidewalk easement and the public right-of-way. '1.1.14 Construct all private drives as proposed, with 15-foot curb retum radii where they meet public streets. 7. T.15 Direct lot access to Ustick Road is prohibited and shall be noted on the final plat. 7.1.16 Direct lot access to Locust Grove Road is prohibited and shall be noted on the final plat. 7.1.17 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval Exhibit B CITY OF MERIDIAN PLAMVING DEPARTM£NT STAFF REPORT FOR THE HEARRJG DATE OF MARCH 18, 2008 7.2.1 Any existing irrigation facilities shall be relocated outside of tihe right-of way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right- of-way. 7.2.3 Ali utility relocation costs associated with improving street frontages abutting the site shall be bome by the developer. 7.2.4 Replace any existing darnaged curb, gutter and sidewalk and any that may be damaged during the constraction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. • 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 iltility street cuts in pavement less than five yeazs old are not aliowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. ~.2.7 All design and construction shall be in accordance with the Ada County Hig~-way District Folicy Manuai, ISPWC Standards and approved supplements, Construction Services procedures and all applicable AC~ID Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shali prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required perrnits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conforrnance wiCh all applicable requirements of the Ada County Highway Distriet prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The a.pplicant shall be requ~ired to caYl DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traff'ic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shali be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirrnation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other reguiatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject pro.peRy unless a waiver/variance of said requirements or other legai relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TH~E HEARMG DATE OF MARCM 18, 2008 C. Legal Descriptions and Exhibit Maps ~ Pfo~ectc Date:. 1~0-q7-057 S.eptembec 4, 2~07 . . . . . r"~'t._.._~~: . __, . _ . ..._.... ...... _ -. R•15 ZONE DESCRIRI`ION ~ i ! M ~ t t 5 i i , i TfiaS;portlon of~the Southeast:Y gf the Southeast y. of Secdon 31, Town;hip 4 Nor•th, Range 7 East, Boife Meridian, lVleridian, Aiia County, idaho, artd inoPe,parHcularly deSCrtbed as folloWS: Ccmmencing ac t~ig Southeast wrrier of Section 31, the RQIt~ OF BEGIWNING; . thence atoqg'the SoutheAy boundary of the South:ea;t, Y oT the. Southeast Y..of said iectlon, ~ ~Nor.th 89'4T09 1Nest, 662'.30 feet; fhenee along the 1He3tedy boundary of tfie Southeast Y, qf the Sopth¢ast Y 4f tlie SoutfieaSt:Y. of SecClon 31, North 00'34'05' East, 623.50 feet;, thence North 89'46'~b" 1lVest, 661.77 feet [o the 1He5Eerly boundary of the SoutheasE K of the 5outheaFt y. of 5ectipn 31; , ihence atong,said boundary NoRh d0`3TQ0' East, 7U6:.02 feet ~o the SoutheAy:boundary.o( Q~enzer Commons SubdiNsion; thgr-ce along 'said boundary., Suuth 5,9`46'2b' East, 661.17.ieet to the Westefly b.qundary af the NorEheast V of. [he SoutheasE Y. 6f the.Southeast Y,. of Section 31.; thence a.loRg.said Ddundary, South 00'34'OS Wes.t. 59.9.76 feec; tlie~e South 89' 4b'45' East, 661.68 fee[ to the EasterCy. boundary of. the Soutliea5t Y. of the ioutheast !/. o~ Sec~ion 31; ~ thence along sai~ bpundary, Soutt- OU'31`Q9" West, 739.69 feet td the POINT OF BEGINHING. Eontainiag 21,810 acres, moce or tess. END OF UE$CRlPT10N PrepateG by; J•U•B fN61NEER5; Inc.. -Ronaltl M. ~Hodge, R.L.S. '' BRYEVIE 'RP YAL i , ~ ; S~P 1 f cQ~T ~ ~ ME.RIDIAN PUBWE . , W,QRK.8 DEPT. :~ ~ ~ :w~-+aT~K:u;c i ~P:UEC~10:07-057'~REMeif0ien11GW.657.A&nliiVksqipNoni~rcmeAdlsn'R•15:da r ~ ~ -------- - -- Exhibit C CITY OF MERyD1AN PLANNRdG DERARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 2008 ~~. .~~.~....~..~.w.~i.~~ .~ . w `rN•wv~..:.+r.Y.u~~~yi.f ~w+'__..._..}'.Lic•Y..]•.~~~..•:Zi~.4X.G_~%':.:JC"'~ ~- ~ N. F ,~ d 8575 ~ . • m..9. ~~..p,~ro 9~ ~~f pp 1~~ V~v ~A~.D -d. N~O S89'4&`26°E. fi61.t7' io n o. rn. . SCALE: 1"=2 0'. h ~ 3 . .4J RO . O M O :M ~ ~O O~ ~ a S89"46'43"E 661..68' N89'48(26:`W 86].77." .. . .. . . ~ ~ . ~ ~ ro . C ~ N. ~ M N t0 W W W O ~O ~ M Z S Z REVI AL BY _ j~~107 _ S89'47'09°E B82.30' 31 32 . . . . .. 5 C ~ WQRKS bEPT. POfN'f OF BEGINNING d.... aucr ,,.,.~;,,;.:I~Bll~i,~„~~. ~~ CWALE7 MARSEILLES SUBDIN1510N ~ ~:.~...~°'°t",.~":°.:».' ~: =7.: ~. ..m MEfiIDIM( AD C WTY ID. 0. 1 rJ-U-B , _ _.. ~ ~w,~.,.~..~.~ xHIBR ~ "'°°`"'°" ~"" w..~o: ~~' ' R•IS20NEE . .r~.. ~ , ~ Exhibit C CITY OF MERfDIAN PLAN.NING DEPARTMENT STAFF REPORT FOR THE NEARRJG DATE OF MARCH 18, 2U08 ~+. _....~... . ... r'1 . ._ ..,. . _ . . .. ,. Projeet: 10-07-057 Date: September 4, 2007 PLAT DESCRIPTION , That poKlon of chc SoutReast Y. of the Southeast Y of Section 31, Towixhip 4 North, Range 1 East, Boise Meridian, Me~idtan, Ada County,, Idaho, and mor.e•paacicularly desc~ibed aS fotlows; Commencing at the Scutheast comer of Section 3t, the POINT OF BEGINNING; ffience along "ttie Sout~erty bouhdary of the Southeast'1i of the Soutlieast'/i oi said tectlon; North 84`4T69' West, 6.62.30 feet; the~ce a[ong the Wetterly bountlary of the Southeast'7~ of the Southeast !/: of the Southeast y of Seetion 31, North 00'34'U5" EasE, 623.50 feet; Uienee'Nocth 89'4¢`26" West, •661.77 feet io the 4Vesterly boundary. of the Southeast Y. of the Southeast Y, of Section 31; tAe~ue along said boundary NorEh Q0'3TOp° East, 706.02 ieet to Che SoutheAy boundary of Que~zer tommons Subdivision; fhence albng s51tl 6oundary., South 89'46'26' Easc, 661.1.7 feet to tAe 1Neste~ty bo~Cary of Ne Northeast Y~ pf the Sou[heast Y. o.f the SoutheasY Y. of S.ectiori 31, tHenee along said bouridary, 5duth OD'34'05' W.est, 599..76 feet; thence South 89' 46'45"East, 661:68 f~et to th~ Eastecly boundary of !he Southeasi ~ of the SoutheaFt ~% of. Section 31; thente along said' bounda .ry., South 00`31'09" West, 729:67 .feet to Ehe POINT OF BEGINNING. Confaininq 21:8f0 ac~es, moce or less. EN[? QF DESGRIPFION Prepared by: J•U•'B ENGIN~ERS, Inc. RonalG M. Hodge, P.L.S. #CMH/91K:llia PiUECNQ~O~-057 R.4 A1efiQienll¢U7-057'AdmIn1D'esc~tptiditlrt merWlen platdoc f3EVIE ~ VAL ' BY SEP E ~ ~3D7 M WORK§ DEPT. C Exhibit C CtTY OF MERIDIAN PLANN[NG DEPARTMENT S'CAFF REPORT FQR THE HEARING DATE OF MARCH 18, 2UQ8 ._.. ._..~.~._......._ _ti .__.._._.. .._...e.-r ~-~wwr..,_~_.-.e.«~.:e•.Y...ka.,•~._,_.._.a_.~v.ra:7qpc3 BEGINNING BOIAdDARY EXHIBIT Exhibit C C1TY OF MERIDIAN PLANNTNG DEPARTMENT STAF•F REPORT FOR TWE HEARFIJG DATE OF MARCH 18, 2U08 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigstion and shall, at the public hearing, review the application. In order to grant an annexation aud/or reaone, the Council shall make fhe following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Applicant is proposing to zone the subject property to R-15. The Council finds that the proposed zoning map amendment will comply with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report for more information. 2. The map amendment complies witL the regulaHons outlined for the proposed district, specifically the purpose statearent; The Council finds that multifamily developments are conditiorial uses within the R-15 zoning district. The Council finds that future development of this property should comply with the established regulations and purpose statement of the R-15 district. 3. T6e map amendment shall not 6e materially detrimental to the public health, safety, and welfare; The Council finds that a zoning amendment to R-15 will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when deternuning this finding. 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, The Council finds that a zoning amendrnent to R-15 for this site will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annex$tion is in the best of interest of the City (IJDC 11-SB-3.E). The Council finds that all essential services aze available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. In accordance with the findings listed above, the Council finds that Annexation and Zoning of fhis pro,perty to R-15 would be in the best interest of the City, as mentioned in the Staff Report. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-maldng body shall make the followiag findings: 1. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed plat is in substantial cornpliance with the adopted Cornpreliensive Plan. Staff supports the proposed density and proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the StaffReport. 2. Public semces are available or can be made available and are adequate to accommodate the proposed development; Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARfNG DATE OF MARCW 18, 2008 The Council finds that public services can be made availablE to accommodate the proposed developrnent. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvemeats in accord with t6e City's capital improvement program; Because the developer is installing sewer, water, and uti~lities for the development at their own cost, the Council finds that the subdivision will not require the expenditurc of capital improvernent funds. 4. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comrnents from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) 5. T6e development will not be detrimental to the public health, safety or general welfare; and The Council is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council attention. ACHD considers road safety issues in their analysis. Staff recommends that the Cornmission and Council reference any public testimony that rnay be presented to deternune whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 6. T6e development preserves significant natural, scenic or historic features. The Council is unaware of any natural, scenic, or historic features on this site. Therefore, the Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Coxnrnission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a nafural or scenic feature(s) of major importance of which staff is unaware. 3. CUP Findings The Coramission and Council shall base its determination on the Conditional Use Permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensioaal and development regulations in t6e district in which the use is located. The Council finds that the site is large enowgh to accommodate all required parking, landscaping, loading and other standard regulations requ~ired by the UDC. , 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of tWs Title. The Council finds that the proposed use is in general conformance with the comprehensive plan (please see Section 8 of the Staff Report for detailed anaiysis of specific comprehensive plan action items that apply to this development). 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended c6aracter of the Exhibit D CITV OF M~ERIDIAIV PLANNING DEPARTMENT STAFF REPORT FOR THE HEARMG DATE OF MARCH 18, 2008 general vicinity and that such use will not adversely change the essential character of the same area. The Council finds that the proposed multi-family development (as amended in Exhibit B) should be compatible with other uses in the general area and will not adversely change the character of the area. Staff recommends that the Comrnission reference any public testimony that may be presented to determine whether or not the proposal will adversely affect the other properties in 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 viciuity. The Council finds that the proposed development shou~ld not adversely affect other property in the vicinity if the applicant complies with all conditions of approval in Exhibit B and constructs all improvements and o.perates the use in accordance with the UDC standards. 5. That the proposed use will be served adequately by essential public facilities and semces such as highways, streets, schools, parks, police and fire protection, draiaage structures, refuse disposal, water, and sewer. Please refer to the comments and conditions prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Company and ACHD in Exhibit B. 6. That the proposed use wil! not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the coramunity. If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The prirnary public costs to serve the future residents will be fire, police and school facilities and services. The Council finds that the applicant should be required to pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The appl'icant and/or futwe property owners will be required to pay highway impact fees. The Council finds that the proposed uses should not create excessive additional costs for facilities or services and showid not be detrimental to the economic welfare of the community. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, pro.perty or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The Council finds that the proposed developrnent will not involve uses that will create nuisances that wouid be detrimental to the general welfare of the sucrounding azea. The Council does not believe that the amount of traffic or noise generated will be detrimental to the general welfare of the public. Staff recommends that the Commission reference any public testimony that may be presented to detemune whether or not the proposai may cause health, safety or environmental problems of which staff are unaware. 8. That the proposed use will not result in fhe destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major irnportance. Staff recommends that the Commission and Council reference any public testimony that may be presented to deterinine whether or not the proposed development may destroy or darnage a natural or scenic feature(s) of major importance of which sta~ is unaware. Exhibit D CI'Cl' OF MERIDIAN PLANN{NG DEPARTMENT STAFF REPORT FOR THE HEARiNG DATE OF MARCH I8, 2008 4. Private Street Findings: A. The Desi.gn of the private street meets the requirements of tlus Article; The applicant will have to certify that the Ada County Street Narning Committee has accepted the private street names. The design of the streets meets the standards as set forth in UDC 11- 3F-4; no gates are allowed. Roadway and storm drainage shail be contained on site. B. Granting approval of the private street would not cause damage hazard, or nuisance, or other detriment to persons property, or uses in t6e vicinity; and The Council does not anticipate any hazard, nuisance or other detriment frorn the private streets if they are constructed and maintained as designed. C. The use and location of the private street s6a11 not conflict with the comprehensive plan and/or the regional transportatioe ptan. The location of the private streets does not conflict with the Comprehensive Plan and/or the regional transportation plan. 5. Alternative Compliance Findings: In order to grant approval for alternative compliance, the director shall determine the following findings: 1. Strict adherence or application of the requirements is not feasible; OR The applicant is proposing to construct the private street with an overall width of 36 feet. The applicant has worked closely with the Meridian Fire Department for their approval. Fire has given their approval of the proposed private streets with the allowed 8-foot parking lanes along one side of the roadway. The Council finds the construction of private streets meets the intent of the City's private street standards of the code. ~ 2. The alternative compliance provides an equal or superior means for meeting the reguirements; and The Council finds the alternative compliance does provide a superior rneans for meeting the City's private street standards and provides a single family ambience to the development. A typicai private street section for a residential district is 24 feet. The applicant is proposing a parking lane with 5- foot attached sidewalks along one side of the roadway. The proposed private streets are identical to the ACHD's reduced 29-foot street sections. The overall width of the street section exceeds the City's private street standards of 24 and 26 feet. Therefore, Council is supportive of the applicants request for alternative compliance frorn the private street standards. 3. The alternative means will not be materially detrimental to t~he public welfare or impair the intended uses and character of the surroundiag properties. The Council fmds that the proposed alternative wi~ll not be detrimental to the public welfaze or impair the use / chazacter of Che surrounding properties. Exhibit D