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PZ Recs/Staff ReportSTAFF REPORT HEARING DATE: TO: FROM: SUBJECT: October 18, 2011 Mayor & City Council Sonya Waters, Associate City Planner 208-884-5533 E IDIAN~-- IDAHO CPAM-11-001; RZ-11-002 - Southridge Apartments I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Corey Barton Homes, Inc., has applied for an amendment to the comprehensive plan future land use map (CPAM) to change the land use designation on 26.38 acres of land from Medium Density Residential (MDR) to Medium High Density Residential (MHDR) (see Exhibit A.2). Concurrently with the CPAM request, a rezone of the property is requested by a different applicant who plans to develop the property. The applicant, DBTV, LLC, has applied for a rezone (RZ) of 42.36 acres of land from the TN-R (Traditional Neighborhood Residential), R-4 (Low Density Residential), and R-8 (Medium Density Residential) zoning districts to the R-15 (Medium High Density Residential) zoning district consistent with the CPAM request. A conceptual site plan and building elevations showing how the property may develop with an apartment complex was submitted with the rezone request (see Exhibit A.3 & A.4). II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CPAM & RZ based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. The Meridian Planning & Zoning Commission heard these items on September 15.2011. At the public hearing the Commission moved to recommend approval of the subiect CPAM and RZ requests. a. Summary of Commission Public Hearing: i. In favor: John Malletta; ii. In opposition• Scott Nichols• Steve Prisbos; Susan Prisbos; Curtis Elton; Naomi Elton; iii. Commenting: Jim Jewett iv. Written testimony: John Malletta v. Staff presenting application: Sonya Wafters vi. Other staff commenting on application: Scott Steckline b. Kev Issue(s) of Discussion by Commission: i. None c. Kev Commission Change(s) to Staff Recommendation: i. Strike DA provision #1 12E as the multi-use pathway is required on the south side of the Ridenbaugh canal per the Southridge development agreement. d. Outstanding Issue(s) for City Council: i. Since the Commission hearing staff has become aware of a 30-foot wide road right-of-way easement known as Old Thorn Lane that exists on this property that provides access to the Rice property (Parcel No 51223131250) to the south. Staff recommends a new provision be added to the DA that requires the applicant to protect and preserve this access throughout the construction process and after or provide an alternative access route with the appropriate instrument. Southridge Apartments CPAM-11-001; RZ-11-002 PAGE 1 ii. Staff recommends a new provision be added to the DA that requires the road right-of-wav easement for Old Thorn Lane to be vacated at such time as the easement has either been relocated or is no longer needed. iii. Staff recommends a new provision be added to the DA that requires the applicant to obtain approval of a property boundary adiustment to decrease the number of parcels from two to one in order to comply with the dimensional standards of the proposed R-15 zoning district, prior to issuance of a Certificate of Zoning Compliance for the first phase of development on this site. iv Staff recommends a new DA provision be added that requires the property to be platted with development of Phase III as shown on the concept plan in order to dedicate the right-of--wav necessary for a public street. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers CPAM-11-001 & RZ-11-002, as recommended by the Commission and presented in the staff report for the hearing date of October 18, 2011, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers CPAM-11-001 & RZ-11-002, as presented during the hearing on October 18, 2011, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Numbers CPAM-11-001 & RZ-11-002 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the south side of W. Overland Road midway between S. Linder Road & S. Ten Mile Road, in the north %i of Section 23, Township 3 North, Range 1 West. (Parcel No.'s S 1223120934 & 51223212404) B. Applicants: CPAM: Corey Barton Homes, Inc. 1977 E. Overland Road Meridian, ID 83642 RZ: DBTV, LLC 6152 W. Half Moon Lane Eagle, ID 83616 C. Owner: DBTV, LLC 6152 W. Half Moon Lane Eagle, ID 83616 Southridge Apartments CPAM-11-001; RZ-11-002 PAGE 2 D. Representative: John Malletta, The Farran Group, LLC 13095 N. Andy's Gulch Boise, ID 83714 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a comprehensive plan map amendment and rezone. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: August 29, 2011 Commission; September 26, and October 10, 2011 (City Council) C. Radius notices mailed to properties within 300 feet on: September 12, 2011 Commission; September 22, 2011 (City CounciD D. Applicant posted notice on site by: September 1, 2011 Commission; October 7, 2011 (City Council) VI. LAND USE A. Existing Land Use(s): This property is currently vacant. The total size of the site is 40+/- acres. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Rural residentiaUagricultural land, zoned RUT in Ada County South: Vacant land, zoned R-2, R-4, & R-8 East: Rural residential property, zoned RUT in Ada County; and vacant land, zoned R-4, TN-C, & TN-R West: Vacant land, zoned L-O, TN-R, and R-8 C. History of Previous Actions: • In 2007, the property was annexed (AZ-06-031) with a development agreement (Instrument No. 107074205) and preliminary platted (PP-06-031) as part of Southridge Subdivision. • A property boundary adjustment (PBA-08-014) was approved in 2008 that identified 10 original parcels of record that were of record in the Ada County recorder's office prior to Apri12, 1984. The boundaries of these parcels were adjusted so that the parcels that were consistent with the master concept plan and development agreement could move forward without platting. • A time extension (TE-09-009) to obtain the City Engineer's signature on the final plat was approved by the Director on February 20, 2009, which extended the preliminary plat until April 6, 2010. • A time extension (TE-10-018) to obtain the City Engineer's signature on the final plat was approved by City Council on September 7, 2010, which extended the preliminary plat until February 6, 2012. D. Utilities: a. Location of sewer: Currently served from mains in W Overland Road. b. Location of water: Currently served from mains in W Overland Road. c. Issues or concerns: None E. Physical Features: Canals/Ditches Irrigation: The Ridenbaugh Canal borders the southern boundary of the site. Southridge Apartments CPAM-11-001; RZ-11-002 PAGE 3 2. Hazards: Staff is not aware of any hazards that exist on this property other than the Ridenbaugh Canal which may pose a safety hazard to small children. 3. Flood Plain: This property does not lie within the floodplain or flood way. VII. COMPREHENSIVE PLAN/ANALYSIS CITY OF MERIDIAN COMPREHENSIVE PLAN POLICIES AND GOALS: The Comprehensive Plan Future Land Use Map currently designates 26.38 +/- acres of the subject property "Medium Density Residential" (MDR). The proposed amendment would change the land use designation on the property to "Medium High Density Residential" (MHDR). Per the Comprehensive Plan, the purpose of the MHDR category is to allow for the development of a mix of relatively dense residential housing types including townhouses, condominiums and apartments. Residential densities should range from eight to fifteen dwelling units per acre, with a target density of twelve units per acre. These are relatively compact areas within the context of larger neighborhoods and are typically located around or near mixed use commercial or employment areas to provide convenient access to services and jobs for residents. Developments need to incorporate high quality architectural design and materials and thoughtful site design to ensure quality of place and should also incorporate connectivity with adjacent uses and area pathways, attractive landscaping and individual project identity. The applicant plans to develop the site with amulti-family residential apartment complex. The gross density allowed in the proposed R-15 zoning district is 15 dwelling units per acre. This property is located adjacent to land that is designated for Mixed Employment (ME) uses on the north and northwest sides of Overland Road and adjacent to property that is designated for Medium Density Residential (MDR) uses to the south and east. The proposed development will be a relatively compact higher density residential area than the adjacent lower density residential areas and provide a transition to the employment uses across Overland Road. A section of the City's multi-use pathway system is planned along the south boundary of the site adjacent to the Ridenbaugh Canal which will provide connectivity with adjacent uses. For these reasons, staff is of the opinion the proposed land use change is appropriate. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • "Support a variety of residential categories (low-, medium-, medium-high and high-density single- family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." The proposed multi family residential development will assist in contributing to the range of housing opportunities available in the City. • "Require landscape street buffers for new development along all entryway corridors." A portion of the frontage of this property along Overland Road is designated as an entryway corridor. Upon development of the site, a street buffer and landscaping will be installed in accord with the standards for entryway corridors. • "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." City sewer and water lines are currently installed in Overland Road and are stubbed to the property. STATE REQUIRED COMPREHENSIVE PLAN ANALYSIS Idaho's counties and cities are required by law, Idaho Code 67-6508, to prepare, implement, review, and update a comprehensive plan which outlines goals and policies for land use. Fourteen elements which must Southridge Apartments CPAM-11-001; RZ-11-002 PAGE 4 be addressed in the plan are listed in the Code. It is the detailed ordinances that then spell out how these policies are to be achieved. The order in which the following policies are presented implies no order or priority. a. Community Design The purpose of this element is to ensure a pattern of planned growth resulting in orderly and attractive developments within the City of Meridian. The current plan for a portion of this property is for MDR uses; the applicant is proposing to change the land use designation to MHDR and develop the property with an apartment complex consistent with the proposed MHDR designation. Staff is of the opinion the proposed R-15 zoning and subsequent use will assist in providing a transition between the future MDR uses to the south and east and the ME uses to the north and northwest. To promote quality design, future development must comply with the City's design standards contained in the UDC and Meridian Design Manual. b. Population The City of Meridian must ensure that population growth is accommodated in an orderly pattern. Residential and commercial developments must be easily served by City infrastructure and public services. Necessary services are currently available to the subject site and will still be available upon development of the site. c. Housing The City of Meridian is charged with ensuring an adequate and attractive living environment which meets the needs of City residents of different ages, family sizes, lifestyles, and income levels. To accomplish this, the plan identifies areas appropriate for residential development and areas not appropriate. This property is currently designated as being appropriate for MDR &MHDR uses. The proposed land use designation change will allow for the entire property to develop with MHDR uses. d. Economic Development Meridian's economic base has been gradually shifting over the last 20 years from afarming-based economy to a retail, service, and manufacturing-based economy. During this time, local policy with regard to the types of lands needed to support the economic and employment needs of the community has also changed. The 2002 Comprehensive Plan forecasts the need to continually adjust the provision of commercial lands in order to gradually broaden economic opportunity throughout the City. The subject property is currently identified as appropriate for MDR &MHDR uses. Staff is of the opinion the future development of the site with an apartment complex will provide a transition between the future residential (MDR) uses to the east and south and the future ME uses to the north and northwest. The future ME uses will provide employment and service opportunities to future residents. e. Public Services, Facilities, and Utilities City water and sewer service has been stubbed to the subject property and is available to the site. Because this property is already within the City limits, public services such as police and fire protection are currently provided to this property. f. School Facilities and Student Transportation The purpose of this element is to direct new residential development to areas with adequate school facilities and student transportation. The school district will address whether or not there is adequate school facilities and student transportation in this area. g. Transportation Southridge Apartments CPAM-11-001; RZ-11-002 PAGE 5 The purpose of this element is to promote an efficient and safe transportation system within the City. Because the current plan is for MDR and MHDR uses on this property, Staff does not believe that the proposed plan amendment to all MHDR uses would negatively impact transportation within the Ciry of Meridian if this amendment if approved. While staff recognizes traffic will likely increase with a higher density development, with the widening of Overland Road and the construction of the Ten Mile interchange, staff is of the opinion the efficiency and safety of transportation in this area will not be an issue. h. Natural Resources The purpose of this element is to promote conservation of areas of natural significance, where appropriate. Staff is unaware of any natural resources that may exist on this property. i. Special Areas The subject amendment does not directly. impact any lands designated for open space, natural resources, or scenic areas, nor does the parcel contain any known significant or sensitive natural resources. j . Hazardous Areas The purpose of this element is to ensure regulation of development in hazardous areas, such as floodplains, unstable slopes, etc. Staff is unaware of any hazardous areas on this site. k. Recreation Recreation resources within Meridian include 19 City parks totaling approximately 182 acres. The City is in the process of developing new park facilities. The City also maintains several pathways. This site is not formally designated for recreational purposes. 1. Land Use The Comprehensive Plan Future Land Use Map is a graphic representation of applicable policies and goals of Meridian's Comprehensive Plan. The Map has been prepared to identify suitable areas for future residential, commercial, and industrial development. The Map is designed to be a projection of growth patterns for the City. Therefore, the Map is to be used as a guide for decisions regarding request for land use changes. Staff believes the proposed multi-family residential use of the site is consistent with the proposed future land use designation of MHDR. m. Implementation The City provides the necessary staff and facilities to administer and enforce the policies and goals of the Comprehensive Plan. The City of Meridian Planning Department will administer the Comprehensive Plan and its policies through the Unified Development Code. The Planning & Zoning Commission is also authorized by the Council to review, approve and make recommendations on proposals affecting the public's interest in land use. The City Council is the ultimate decision making authority on most land use applications. n. Property Rights The purpose of this element is to ensure that the land use policies, restrictions, conditions, and fees do not unconstitutionally violate private property rights, and establish a consistent review process that enable the City to ensure that any proposed actions will not result in an unconstitutional taking of private property without due process of law. Staff believes that the requested Comprehensive Plan Land Use Map change would not unconstitutionally violate private property rights. A neighborhood meeting was held on June 15, 2011 of which six people attended. Southridge Apartments CPAM-11-001; RZ-11-002 PAGE 6 VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: Per UDC 11-2A-1, 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 all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-21ists the permitted, accessory, conditional, and prohibited uses in the R-15 zoning district. The proposed multi-family development is listed as a conditional use in the R-15 zoning district. The specific use standards listed in UDC 11-4-3-27 for multi-family developments apply to development of this property. A conditional use permit will be required for a multi family development in an R-1 S zoning district on this property. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district apply to development of this site. D. Landscaping Standards (UDC 11-3B): The standards for landscaping contained in UDC 11-3B apply to development of this site. E. Common Open Space & Site Amenity Requirements: Common open space and site amenities are required to be provided on the site in accord with the requirements listed in UDC 11-3G-3; 11-4-3-27C; andl 1-4-3-27D. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: COMPREHENSIVE PLAN MAP AMENDMENT (CPAM): The applicant proposes an amendment to the future land use map contained in the Comprehensive Plan to change the land use designation on 26.38 acres of land from Medium Density Residential (MDR) to Medium High Density Residential (MHDR). The applicant proposes to develop the site with amulti-family apartment complex consistent with the MHDR land use designation. For the reasons stated above in Section VII, Staff is of the opinion the proposed amendment is appropriate for this property. REZONE (RZ): The applicant proposes to rezone 42.36 acres of land from the TN-R (Traditional Neighborhood Residential), R-4 (Low Density Residential), and R-8 (Medium Density Residential) zoning districts to the R-15 (Medium High Density Residential) zoning district consistent with the CPAM request. The applicant has submitted a conceptual site plan for Phases 1 & 2, included in Exhibit A.3 that shows how the site may develop with amulti-family family apartment complex consisting of two and three- story structures; this plan does not include a development concept for Phase 3. A conceptual building elevation is also included in Exhibit A.4 that depicts how future structures maybe constructed. Ultimately, the final designs must be consistent the provisions of the UDC and the Meridian Design Guidelines. The rezone legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be rezoned. The subject site is currently included in the Development Agreement for the larger Southridge development. Since the time of annexation, this property has been sold and is under new ownership. For this reason, staff is recommending the current owner enter into a new DA with the City separating it from the Southridge Development agreement as a provision of the subject rezone. Southridge Apartments CPAM-11-001; RZ-11-002 PAGE 7 To ensure the property is developed in a manner consistent with the comprehensive plan and does not negatively impact nearby adjacent properties, staff is recommending the applicant enter into a Development Agreement (DA) with the City that requires a written commitment for all future uses, in accord with UDC 11-SB-3D2 and Idaho Code § 65-6711A. If the Commission or Council feel that additional provisions are necessary, staff recommends a clear outline of the commitments of the developer being required. Please see Exhibit B for a list of DA provisions applicable to this site. Staff recommends approval of the subject applications with the development agreement provisions listed in Exhibit B. X. EXHIBITS A. Drawings 1. Vicinity Map 2. Adopted & Proposed Future Land Use Map Showing Change from Medium Density Residential to Medium High Density Residential 3. Conceptual Site Plan 4. Conceptual Building Elevation B. Agency Comments/Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company 6. Ada County Highway District 7. Parks Department C. Legal Description and Exhibit Map for Proposed Rezone D. Required Findings from Unified Development Code Southridge Apartments CPAM-I 1-001; RZ-11-002 PAGE 8 Exhibit A.1: Vicinity Map Southridge Apartments CPAM-11-001; RZ-11-002 PAGE 9 _, .._. ... _T.. ~..._ _ __ ~ - ._._~~ .....~_ -~ _. _ - - - __ ~, ~ ,~ !~ L 11 f I W 11 l~ ~ ~``~, .- l,' _ ~. ~ - t... __- - -- _ r,, - , ~--- I III Exhibit A.2: Adopted & Proposed Future Land Use Map Showing Change from Medium Density Residential to Medium High Density Residential Adopted Southridge Apartments CPAM-11-001; RZ-11-002 PAGE 10 Exhibit A.3: Conceptual Site Plan f~ NIEMOIY~ X1119 -i afa.~..„.--'i1Ti7ia ~~~._ .................... utM[Ygw01 IK~ Yu@.....wYm awlFapl~tan - =``\` .~ l i iI ~ tITE 1119 I. ~, . ~•. :~'t IRA~EeRCKNNC[t OEWp@ iMaiaae~ /opao-~x wrvs+~rt~u MII~ISStlq Mlli, +i~»n ~+tiw A1.a «~1~ Southridge Apartments CPAM-11-001; RZ-11-002 PAGE 11 Exhibit A.4: Conceptual Building Elevation ® ®®~ ~ ® ® ~ a ® ,.~ ® ®® ~ ® -~ .coo o.co ccvo v_eeoi c ec=a c_oc._coe.a e ' NINLDINO 0 FRONT NLEYATNNI 2 RYLNNIO N ERO ELlYATIOM ~. -~i ~ ~; NN MgRlfli MlICE t .a~ _.~~. :~ QOIIaT~N APB ~o w~xa ~ owrom m wiNr. m. ~~ ~..M~ iin~a. !'~ A5.0 .~„~ Southridge Apartments CPAM-11-001; RZ-ll-002 PAGE 12 B. Agency Comments On August 26, 2011, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Public Works Department, Meridian Parks Department, and the Meridian Police Department. Staff has included all comments and recommended actions in the attached Exhibit B. 1. PLANNING DEPARTMENT 1.1 REZONE 1.1.1 The legal description and exhibit map for the proposed rezone submitted with the application (stamped on August 22, 2011, by Aaron Ballard, PLS) shows the property within the existing corporate boundary of the City of Meridian (see Exhibit C). 1.1.2 A Development Agreement (DA) will be required as a provision of the rezone of this property. Prior to the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezone ordinance adoption, and the developer. The Applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process; a fee of $303.00 shall be paid by the applicant to the City Attorney's office prior to commencement of the DA. The DA shall be signed by the property owner and returned to the city within two (2) years of the City Council granting the rezone. The DA shall, at minimum, incorporate the following provisions: a. Development of the site shall substantially comply with the conceptual site plan included in Exhibit A.3, the design standards listed in UDC 11-3A-19 and the guidelines contained in the City of Meridian Design Manual. b. All future development shall comply with the dimensional standards for the R-15 zoning district contained in UDC Table 11-2A-7. c. The developer shall comply with all ACHD conditions of approval associated with development of this site. d. An easement shall be recorded (and a copy submitted to the Planning Department) that grants cross-access to Parcel No. 51223120727 -the 4.8 acre parcel to the east of the subject property. f. Prior to development of the third phase of the project, a modification to the development agreement is required to update the conceptual site plan to include a development plan for this area. 2. PUBLIC WORKS DEPARTMENT 2.1 Public Works has no concerns with this application. 3. FIRE DEPARTMENT 3.1 The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street on which the project is addressed, as set forth in International Fire Code Section 505. Please contact the Addressing Specialist at 898-5500 to address this concern prior to the public hearing. 3.2 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. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance Southridge Apartments CPAM-11-001; RZ-11-002 PAGE 13 with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 ''/z" outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. £ Fire hydrants shall be placed 18" above finished grade to the center of the 4 %z" outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.5 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. 3.6 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and have a clear driving surface of 20' in width capable of supporting an imposed weight of 75,000 GVW, per International Fire Code Section 503.2. 3.7 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 3.8 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1. 3.9 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 3.10 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, as set forth in International Fire Code Section D 107.1. The two entrances should be separated by no less than %2 the diagonal measurement of the full development as set forth in International Fire Code Section D104.3. The applicant shall provide a stub street to the property to the (west/east/north/south). 3.11 The roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface. Streets less than 29' in width shall have no on-street parking; streets less than 33' in width shall have parking only on one side. These measurements shall be based on the back of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth in International Fire Code Section 503.2.1. 3.12 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. The cost of this installation is to be borne by the developer. (National Fire Protection Std 1141 Section 5.2.11.1) 3.13 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. 3.14 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in International Fire Code Section 505.1. Southridge Apartments CPAM-11-001; RZ-11-002 PAGE 14 3.15 The applicant shall work with Public Works and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1. 3.16 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code Section 101.2. 3.17 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1. 3.18 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official as set forth in International Fire Code Section 508.5.1. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). 3.19 For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). 3.20 For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.21 All electric gates are required to be 20' in width and equipped with a Knoxbox key switch as set forth in International Fire Code Section 503.6 & National Fire Protection Standard 1141, Section 5.3.17.3. 3.22 All R-2 occupancies with 3 or more units shall be required to be fire sprinkled as set forth in International Fire Code Section 903.2.7. 3.23 There shall be a fire hydrant within 100' of all fire department connections as set forth in local amendment to the International Fire Code 10-4-2L. 3.24 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets. 3.25 Buildings over 30' in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. 3.26 Emergency response routes and fire lanes shall not be allowed to have speed bumps as set forth in International Fire Code Section 503.4. & National Fire Protection Standard 1141, Section 5.2.18. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to the site design submitted with the application. 5. SANITARY SERVICES 5.1 SSC has no comments related to this application at this time. 6. PARKS DEPARTMENT 7.1 Construct amulti-use pathway consistent with standards in UDC 11-3H-4C. 7.2 The applicant shall design and construct the multi-use pathways consistent with the location and specifications (Chapter 3) set forth in the Meridian Pathways Master Plan unless otherwise approved by the Parks and Recreation Director. 7.3 At such time that the multi-use pathway along the Ridenbaugh Canal connects from one major street to another and is greater than one-half mile long, the applicant may petition the City to assume maintenance responsibilities. Southridge Apartments CPAM-11-001; RZ-11-002 PAGE 15 7.4 Prior to Certificate of Occupancy, the applicant shall record a public access easement for the multi-use pathway along the Ridenbaugh Canal and submit copy of said easement to the Planning Department. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval This application is for a comprehensive plan amendment and rezone only. Listed below are some of the site specific conditions of approval that the District may require when it reviews a future development application. The District may add additional site specific requirements when it reviews a specific redevelopment application. 7.1.1 Construct a 7-foot wide detached concrete sidewalk located a minimum of 43-feet from the centerline of Overland Road abutting the site. Provide a sidewalk easement for any portion of the sidewalk located outside of the right-of--way. 7.1.2 Construct Cool Sage Way as one-half of a 46-foot collector street section with 35-feet of pavement, vertical curb, gutter, and 5-foot wide detached (or 7-foot wide attached) concrete sidewalk from its intersection with Overland Road south beyond the main entry to the site. For the remaining portion of the roadway taper Cool Sage Way to one-half of a 36-foot collector street section with 30-feet of pavement, vertical curb, gutter, and 5-foot wide detached (or 7-foot wide attached) concrete sidewalk abutting the site. With a 3-foot wide gravel shoulder and a borrow ditch sized to accommodate the roadway storm runoff shall be constructed on the east side of the roadway. Coordinate a signage program for no parking signs on Cool Sage Way with District Development Review and Traffic Services staff. 7.1.3 Construct one stub street to the south, Cool Sage Way located at the east property line, as proposed. Construct a temporary cul-de-sac turnaround at the terminus of the Cool Sage Way and install a sign at the terminus of the roadway stating that "THIS IS A DESIGNATED COLLECTOR ROADWAY. THIS STREET WILL BE EXTENDED AND WIDENDED IN THE FUTURE." 7.1.4 Proposed driveways onto Cool Sage Way should meet all ACHD policies in affect at the time the site is developed. 7.1.5 Other than access specifically approved with this application, direct lot access to Overland Road is prohibited. 7.1.6 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 Any existing irrigation facilities shall be relocated outside of the ACHD right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within the ACHD right-of--way. 7.2.3 In accordance with District policy, 7203.6, the applicant maybe required to update any existing non- compliantpedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA com liance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of--way or easement areas. Southridge Apartments CPAM-11-001; RZ-11-002 PAGE 16 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACRD. 7.2.12 If the site plan or use should change in the future, ACRD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. Southridge Apartments CPAM-11-001; RZ-11-002 PAGE 17 C. Legal Description and Exhibit Map for Proposed Rezone /~~i • ~~~ THE LAND GROUP, 1NC. August 22, 2011 Project No. 111052 Rezone 42.36 acres A tract of land situated in a portion of the Northeast One Quarter of the Northwest One Quarter and a portion of the Northwest One Quarter of the Northeast One Quarter of Section 23, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: BEGINNING at the North One Quarter Garner of said Section 23 on the centerline of West Overland Road which bears North 89°19'41" West a distance of 2,661.73 feet from the Northeast Corner of said Section 23, thence following the northerly I(ne of the Northeast One 4uarter of said Section 23, South 89°19'41" East a distance of 665.41 feet to a point; Thence leaving said northerly line and said centerline, South 00°38'49" West a distance of 888.62 feet to a point; Thence South 89°19'29" East a distance of 250.00 feet to a point; Thence South ~°38'49" West a distance of 137.22 feet to a point; Thence South 28'49'S6" West a distance of 49,47 feet to a point; Thence 60.56 feet following the arc of a non tangent curve to the right, said curve having a radius of 293.15 feet, a central angle of 11°50'08", a chord bearing of South S6°02'38" East and a chord distance of 60.45 feet to a point; Thence South 18°41'27" West a distance of 180.38 feet to a point; Thence 113.77 feet following the arc of a circular curve to the right, said curve having a radius of 195.00 feet, a central angle of 33°25'46", a chord bearing of South 35°24'20" West and a chord distance of 112.17 feet to a point; Thence South 52°07'13" West a distance of 118.95 feet to a point; Thence South 35°23'08" West a distance of 26.28 feet to a point; Thence South 52'07'13" West a distance of 50.00 feet to a point; Thence South 52°03'57" West a distance of 114.78 feet to a point on the northerly right-of--way line of the Ridenbaugh Canal; Lnnr[rrgnc AirbitnYmr ° Site P/nxnia~ ~ ('ierl B74ixeeri~ ° C.olf ('.orirn Irri~rnfiea e'-Cpyinrnreg ° C~,plir Gona~ngiuui°a 4G2 [? Shore Dm•c, tin. 100, laegk, Idaho 83616 ° I' 208.939.4041 !~ 208.919.4i4i ° www.thelandg~y~trine.com (.:\?O t l \ 11 1052\Admin\Legalx\1. 1 1082? fternne t 11052.doc Page 1 of 3 Southridge Apartments CPAM-11-001; RZ-11-002 PAGE 18 ~~ ~~ THfi LAND GROUP, [NG Thence following the northerly right-of--way line of said Ridenbaugh Canal the following two (2) courses: North 37°52'47" West a distance of 37.00 feet to a point; 316.45 feet following the arc of a circular curve to the left, said curve having a radius of 200.00 feet, a central angle of 90°39'20", a chord bearing of North 83°12'27" West and a chard distance of 284.46 feetto a point; "thence leaving said northerly right-of--way line, North S6°31'59" West a distance of 159.58 feet to a point on said northerly right-of--way line; Thence following said northerly right-of--way tine the following eight (8) courses: North 03°28'17" West a distance of 188.54 feet to a point; North 86°31'43" East a distance of 10.00 feet to a point; 276.48 feet following the arc of a non tangent curve to the left, said curve having a radius of 230.00 feet, a central angle of 68°S2'24", a chord bearing of North 37°54'29" West and a chord distance of 260.13 feet to a point; North 72°20'41" West a distance of 150.79 feet to a point; 46.42 feet following the arc of a circular curve to the right, said curve having a radius of 320.00 feet, a central angle of 08°18'42", a chord bearing of North 68°11'20" West and a chord distance of 46.38 feet to a point; North 64°01'59" West a distance of 330.62 feet to a point; 14.24 feet following the arc of a circular curve to the right, said curve having a radius of 320.00 feet, a central angle of 02°32'56", a chord bearing of North 62°45'31" West and a chord distance of 14.23 feet to a polnt; North 61°29'03" West a distance of 118.75 feet to a point; Thence leaving said northerly right-of--way line, South 00°48'16" West a distance of 90.36 feet to a point on the .centerline of said Ridenbaugh Canal; L/nAtti/pt lfli~i/I6.Ylar ° SN[ P1aMalgq ° Glvllix~NaeRag ~ GerJ' GBNrn !r/~g~NlOx ~' L•K~lxeen~q ° Graplur Gisvavaniinlien 4621:. Sh<irc 1~rne, tits. 100, Faglc, IJaho 83616 ° P 208.919:1041 1! 208.9124-ids ~ www.t .todR~ltutc.can (i:\2011\ 111052\Admin\la:gdx\l. 110822 tt~iixte 1 11052.dnc Pagc 2 of 3 Southridge Apartments CPAM-11-001; RZ-11-002 PAGE 19 ~~ ~~~ y~ ~_ THS LAND GROU@, [NC. Thence following the centerline of said Ridenbaugh Canal the following three (3) courses: North 61°29'03" West a distance of 150.70 feet to a point; 320.04 feet following the arc of a circular curve to the left, said curve having a radius of 375.00 feet, a central angle of 48°53'57", a chord bearing of North 85°56'02" West and a chord distance of 310.42 feet to a point; South 69°37'00" West a distance of 100.85 feet to a point on the centerline of said West Over{and Road; Thence leaving said centerline of Ridenbaugh Canai and following the said centerline of West Overland Road, 1,372.30 feet following the arc of a circular curve to the right, said curve having a radius of 1,000.00 feet, a central angle of 78°37'37", a chord bearing of North 51°26'46" East and a chord distance of 1,267.13 feet to a point; Thence following said centerline and the northerly line of the Northwest One Quarter of said Section 23, South 89°14'25" East a distance of 179.35 feet to the POINT OF BEGINNING. The above-described tract of land contains 42.36 acres, more or less, subject to any existing easements or Nghts-af--way. Prepared By: 1'HE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 208-939-4041 208-939-4445 (FAX) REVI PROVAL 6Y AUG 2 3 2011 MERIDIAN PUBLIC WORKS DEPT. 5.22~2D1~ r Y tlNflJR~f' AAIN/RYN/Y ° S//l P,dlNmxt ° <.NaI GN,gy'Nre7N~ ° Go'''GoN17t I/Tf~ir!/%YN ES' 1:A(Q%d!'iI)A(i ° Gli~1Mf GF//NNNIRY7/!ON ~IG2 ti. Shure Drive, Ste. IQ(1, Nagle, IJaho 8361G ° P ?08.939.d(LI I P 208.939.~dd5 ° www.i6elaml{;~pinc.c~m U:\?Ol t\ (11052\AJmu~\lAgaM\I. 110822 Itl7.Onl' 1 11052.Jcx Page 3 of 3 Southridge Apartments CPAM-11-001; RZ-11-002 PAGE 20 REVIEW AW 2 3 20~~ N 1/4 COR-~R SEC1)ON 23 NE CORNER SEC110N 23 - ~W 1/t6 CORNER sECnars 14lc23 MERIDIAN PUBLIC POMT of ~G9JHIrIG WORKS DEPT. w ~~ ®A95 OF NEARMOS B- __ __. __ 589'14'25 7146.80' 'N8979'4119 2861.73 --T SBB1C25 SB8'19'4i'E 665.47' --,lA~- / ! i r .779.$' / / r V .AL LA1y~ i % `/ / ~ ~ , -/ ~' / / 7990.37 G i r r ~ r / / /, r /,r s r 12459 ~ / ~• /~ / •, ;' ' r ,r / • i j ,/ . , ,.~ ~ / /.~ j / / /, '„~ SOFA ~. / ~ ~~/rr ~; / rl// ! ~ / r./, m ~ to ~,~,. / r r i r fi B$2•zoil / / /. r ~ r i, /i Parcel "A" / / / / .;'Rezone from ,% i r ' '' ~' r ' ' r : ~ 42.38 AC ~ // ' A ~'48'I6'M• i i ~~NBt'2903'W, ~ y i~ i/ i ,~`i ;';f iYi r 9p36'' !176.75• lr f ~r ~ / ~ r '~r r / C6 i f / / S69'3T00-1Y ,r/ , / ; ~ ~ r r r i %/ 100.7!5 N61Z9'03"W ~4Lp r''r r / ' ~' ./ r r r r / ~ 589'19'29'E ~ 150.70' ~~' 1~ ..n..r ~N722041'W / // r /' / / ;~M'' r _SO.36'44' i / ~ Parcel Curve Table ~GNENT RADR15 LENGTH CHORD LENGTH CHORD BEARING CI 293.15' 80.36' 80.45' S56792'~'E C2 795.00' 17177 772.17' S35Z4'20"W C3 200.ao' 376.45' 284.46' tt8s12'27'W C4 23aar 276.48' 280.13' N37'S4'3o'W C5 320.00' 46.42' 16.38' N6fi7'20'W C6 320.00' 14.24' 14.23' N674S'31'W C7 373.00' 320.04' 370.42' N8536'02hY C8 7000.00' 7372.J0' 1167.73' N51~6'46'E / '/./ , fr /' r~S28'I1 % r r, ,. ~iNBB'31'43'E ~; : 552.0T13'W/' ~: /~,' 50.00' '" r' tir:~/ 37.00'1(.%~~%~ 28.28' itA78' Situated in a portion of the NE 114 of the NW 1/4 and portion of the NW 1/4 of the NE 7/4 of Section 23, T3N, R1 W, B.M. City of Merman, A~ County,ldaho 2ott U W :1 ~ O T T m ~O C ~ :C of ® X ~ ~W ~ G O~ c°n ~ U ~ ~ ~E :.€ ~~ t~~ fiai-~ Southridge Apartments CPAM-11-001; RZ-11-002 PAGE 21 D. Required Findings from Unified Development Code 1. COMPREHENSIVE PLAN AMENDMENT FINDINGS Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an amendment to the Comprehensive Plan, the Council shall make the following findings: a. The proposed amendment is consistent with the other elements of the Comprehensive Plan. The Commission finds that the proposed change to the Future Land Use Map is consistent with elements of the Comprehensive Plan that promote compatibility and transition of uses and zoning. See sections VII and IX above for more details. b. The proposed amendment provides an improved guide to future growth and development of the city. The Commission finds that the proposal to modify the Future Land Use Map to allow for medium high density residential uses on this property would provide a transition between the adjacent low density, future medium density residential and mixed employment uses. c. The proposed amendment is internally consistent with the Goals, Objectives and Policies of the Comprehensive Plan. The Commission finds that the proposed amendment is internally consistent with the Goals, Objectives, and Policies of the Comprehensive Plan (see Section VII for detailed analysis). d. The proposed amendment is consistent with the Unified Development Code. The Commission finds that the proposed amendment to MHDR for amulti-family development is consistent with the Unified Development Code and proposed zoning of R- 15. e. The amendment will be compatible with existing and planned surrounding land uses. The Commission finds that the development of amulti-family apartment complex on this site will be compatible with existing residential uses and future residential and mixed employment uses and will provide a transition between these uses. f. The proposed amendment will not burden existing and planned service capabilities. The Commission finds that the proposed amendment would not burden existing and planned service capabilities in this area of the city. Sewer and water services have already been stubbed to this site and are available upon development. g. The proposed map amendment (as applicable) provides a logical juxtaposition of uses that allows sufficient area to mitigate any anticipated impact associated with the development of the area. The Commission finds the proposed medium high density residential development of this property resulting from the proposed map amendment will not significantly impact development in this area and provides a logical juxtaposition of uses. h. The proposed amendment is in the best interest of the City of Meridian. For the reasons stated in Sections VII and IX and the subject findings above, the Commission finds that the proposed amendment is in the best interest of the City. Southridge Aparhnents CPAM-11-001; RZ-11-002 PAGE 22 2. REZONE FINDINGS: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Commission finds the proposed rezone to R-15 is consistent with the proposed MHDR future land use designation for this site. Additionally, the Commission finds the proposed multi-family development and R-15 zoning will provide a transition in uses between the future mixed employment uses across Overland Road and adjacent existing and future residential uses to the south and east. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds that the proposed R-15 zoning district and uses allowed in that district is consistent with the purpose statement of the residential district in that it provides for a range of housing opportunities. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. d. 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 Commission finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-SB-3.E). This finding is not applicable as the applicant is requesting approval of a rezone, not annexation. However, as noted previously, the Commission finds the proposed rezone is in the best interest of the City.