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PZ Recs/Staff ReportSTAFF REPORT Hearing Date: March 7, 2012 TO: Mayor and City Council E' I~IAl ~! ~'~"' FROM: Bill Parsons, Associate City Planner I D A H Q (208) 884-5533 SUBJECT: RZ-11-007, PP-11-014, CUP-11-010, DES-11-017 and MDA-11-013-Accolade Apartments 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Gramercy, LLC, has requested approval of the following applications: 1) Rezone (RZ) of 12.29 acres from the C-G (General Retail and Service Commercial District) zone, the R-15 (Medium-high density Residential District) zone and TN-R (Traditional Neighborhood Residential district) to the R-40 (High-density Residential District) zone; 2) Preliminary plat (PP) consisting of two (2) residential lots and two (2) common lots on 17.12 acres; 3) Conditional use permit (CUP) and administrative design review (DES) of 264 multi-family dwelling units on approximately 11.18 acres in a proposed R-40 zoning district (NOTE: Staff has already completed the design review portion of the development) and; 4) Development agreement modification (MDA) to amend the recorded development to exclude the subject property and create a new development agreement. 2. SUMMARY RECOMMENDATION Staff recommends approval of the proposed development with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on February 2, 2012. At the public hearing, the Commission voted to recommend approval of the subject RZ, PP and CUP requests. a. Summary of Commission Public Hearing: i. In favor: Rob Thorton ii. In opposition: Kristina Denning, BJ and Stephanie Myers, John Medica, Michael Farrar, Richard Larsen, Rich and Gloria Fern, Lvmon and Allie Holvoak iii. Commenting: Kristina Denning, BJ and Stephanie Myers, Larry Kovarik, Richard Larsen, Gloria Fern, Lvmon and Allie Holvoak, iv. Written testimony: (16 petitions in opposition )Larry Kovarik, Harvard and Geneva Hanks, Joshua and Allyn Overgaard, Lvmon Holvoak, Joshua and Rachel Paul, Mark Stello, Richard Clark. Stephenie Lord, Felix Cruz, Tom and Barb Medica, Richard and Gloria Fern, Rochelle Hersley, Christopher Prindle, Mark and Jenna Saari, Kristina Denning, Chris and Laura McDougal v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: Ted Baird b. Kev Issue(s) of Discussion by Commission: i. None c. Kev Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: Accolade Apartments RZ, PP, CUP &MDA PAGE 1 i. None 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-11- 007, PP-11-014, CUP-11-010 and MDA-11-013 as presented in staff report for the hearing date of March 7, 2012 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-11-007, PP-11-014, CUP-11-010 and MDA-11-013 as presented in staff report for the hearing date of March 7, 2012 for the following reasons: (You should state specific reasons for denial of the applications.) Continuance I move to continue File Numbers RZ-11-007, PP-11-014, CUP-11-010 and MDA-11-013 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: The site is located south of E. Overland Road and west of S. Bonito Way between E. Blue Horizon Drive and the Ridenbaugh Canal in the SW '/4 of the NE '/4 of Section 20, T.3N., R.1 E. b. Owner/Applicant: Gramercy, LLC P.O. Box 344 Meridian, ID 83680 c. Representatives: Becky McKay, Engineering Solutions (938-0980) Rob Thornton, Carver/Thornton/Young (344-0322) d. Applicant's Request: Please see applicant's narrative for this information. 5. PROCESS FACTS a. The subject applications are for a rezone, preliminary plat, conditional use permit and development agreement modification. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Unified Development Code Title 11, Chapter 5. b. Newspaper notifications published on: January 16, and 30, 2012 (Commission); February 13 and 27, 2012 (City Council) c. Radius notices mailed to properties within 300 feet on: January 12, 2012 (Commission); February 10, 2012 (Gifu Council) d. Applicant posted notice on site by: January 23, 2012 (Commission); February 27, 2012 (City Council 6. LAND USE a. Existing Land Use(s): The subject site is vacant land; zoned C-G, TN-R and R-15. Accolade Apartments RZ, PP, CUP &MDA PAGE 2 b. Description of Character of Surrounding Area and Adjacent Land Uses and Zoning: The surrounding area has transitioned into a mixed use area. A wide variety of commercial uses, public quasi/public uses and residential neighborhoods are located in close proximity to the subject site. c. History of Previous Actions: • In 2006, the Gramercy development (aka Kenai) was annexed and zoned (AZ-06-021) C-G and R-15 and preliminarily platted (PP-06-019) for 64 single family detached residential lots, 24 alley loaded/attached single family residential lots, 9multi-family residential lots, 25 common lots, and 32 commercial lots on 77.66 acres. As part of that approval, a development agreement was required and approved; recorded as instrument #106141056. • A final plat (FP-06-048) was approved for 50 residential lots, 32 commercial lots, one city park lot and 21 common lots on 62.01 acres in 2006. The three (3) C-G zoned lots proposed to rezone and re-plat were platted with this subdivision. The developed residential lots consist of a 48-unit multi-family development and 13 single family homes. d. Utilities: 1. Public Works: Location of sewer: E Blue Horizon Dr and S Loftus Ave Location of water: E Blue Horizon Dr and S Loftus Ave Issues or concerns: Secondary Water Connection or looped water system may be needed for fire flow requirements. e. Physical Features: 1. Canals/Ditches Irrigation: The Ridenbaugh Canal transverses along the southern plat boundary and does not impact the development of the multi-family site. 2. Hazards: Staff is not aware of any hazards that exist on the property. 3. Flood Plain: NA 4. Topography: NA 7. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Mixed Use-Regional" (MU-R) on the Comprehensive Plan Future Land Use Map. The purpose of this designation is to provide a mix of employment, retail and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together, including residential to avoid predominantly single use developments. The subject property is part of a larger development known as Gramercy which is designed with a mix of commercial and residential uses. Existing uses in the development include a college, restaurant, retail, office, thirteen (13) developed single family detached homes and a 48-unit multi-family development. Adjacent (east) to the Gramercy development are two large business campuses (El Dorado and Silverstone). The Comprehensive Plan encourages a mix of housing options to support the commercial uses and employment centers in the area. Staff believes the proposed development would be beneficial to the community by locating additional housing choices next to places of employment, recreation and educational facilities in the area. The Mixed Use-Regional (MU-R) land use designation is anticipates residential development at 6 to 40 dwelling units per acre (see Page 30 of the Comprehensive Plan). The proposed site plan depicts 264 multi-family dwelling units on 11.18 acres for a gross density of 23.6 dwelling units/acre. The existing Gramercy multi-family development and the existing forty-six (46) single Accolade Apartments RZ, PP, CUP & MDA PAGE 3 family platted lots in Gramercy No. 1 have a density of 15 and 8.7 dwelling units to the acre respectively. The total average density of the existing and proposed development is 18.1 dwelling units to the acre. Although this project's density is greater than some of the adjacent properties, both the proposed density and overall density is less than the maximum density allowed for the MU-R land use designation and the R-40 zoning district. Staff finds the following Comprehensive Plan policies to be applicable to this property and the proposed development (staff analysis in italics below policy): • Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter 3, pg. 52). The property was envisioned to develop with a mix of commercial and residential uses. To ensure that the proposed multi family development is compatible with the adjacent uses the applicant has oriented the proposed development near the commercial areas and the other multi family along the north, east and west boundaries. The proposed development is adjacent to common lots platted with Gramercy Subdivision No.l and the majority of the proposed development is surrounded by commercial or denser multi family residential development with the exception of the single family homes southwest of the development. The nearest edge of a multi family building is approximately 200 feet from the nearest edge of a single family lot. To mitigate any incompatibility with the existing single family residences, the applicant has oriented the access into the development from W. Blue Horizon Drive to eliminate apartment traffic from impacting the single family homes to the west. In addition, the applicant is proposing denser 19 foot landscape buffer and wrought iron fencing along the southwest corner perimeter. To ensure compatibility with the adjacent commercial and residential development, the applicant is proposing 3-story, 30 foot tall buildings to provide an appropriate bulk and height standards for the development. The proposed height of buildings is below the maximum allowable height of 60 feet in the R-40 zone and is less than the height requirements in the other residential zones in the UDC which allow building heights between 35 and forty feet. • Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. (Chapter 3, pg. 45) This property is being served with city services. The applicant must provide the necessary infrastructure to support the development. Once the infrastructure is constructed, the City can adequately service the proposed development. After considering all of these factors staff is of the opinion that the proposed development is generally consistent with comprehensive plan. 8. UNIFIED DEVELOPMENT CODE A. Purpose Statement of the Residential Districts: The proposed development is proposed to rezone to the high-density residential zoning district (R-40). The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. B. Schedule of Use Control: Unified Development Code (UDC) 11-2A-21ists multi-family Accolade Apartments RZ, PP, CUP & MDA PAGE 4 developments as a conditional use in the proposed R-40 zoning district. Specific Use Standards (UDC 11-4-3-27) apply to multi-family developments; please see Section 9, Analysis below for more information. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2A-7 for the proposed R-40 zoning district. The maximum height in the R-40 zone is 60 feet. The proposed structures D. Landscaping: 1. Parking lot landscaping: All parking lot landscaping shall comply with the standards listed in UDC 11-3B-8C. E. Off-Street Parking: UDC 11-3C-6A requires multi-family dwellings with one bedroom to provide two spaces, one covered and one uncovered and 2 or more bedrooms to have atwo-car parks in a covered carport or garage. Based on the unit mix (60 -1-bedroom units, 132- 2-bedroom units and 72 - 3-bedroom units), 468 covered parking stalls are required. The applicant has proposed 468 covered parking stalls and 41 uncovered parking stalls which meets the parking requirements of the UDC. 9. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Rezone and Development Agreement Modification (RZ and MDA): The applicant is proposing to rezone 12.29 acres from the C-G, TN-R and the R-15 zoning districts to the R-40 zoning district. The Gramercy concept included a mix of townhomes, multi-family and single family detached homes. Based on the proposed housing mix, 31 acres of the development was zoned R-15. Later, the townhome design and layout was finalized and a portion of the property rezoned to the TN-R zone. Higher densities were envisioned for this property but were understated because the total number of units/homes where unknown at the time of annexation approval. Specifically, the density for the multi-family and townhome portion of the development would be reviewed with future development applications. Since their vision for the property has changed, the applicant has elected to apply to rezone the property to facilitate a different mix of housing choices. The Comprehensive Plan designation (MIJ-R) encourages a range in densities and the applicant determined that the R-40 zone is the most appropriate zoning designation to support the proposed density of the multi-family project. The allowed maximum density in the R-40 zone is 40 dwelling units to the acre. The proposed project is less than the maximum density allowed at 23.6 dwelling units to the acre. Staff is of the opinion that the new development agreement should limit the site to 264 units as proposed. The subject property is governed by an existing development agreement (DA) that requires compliance with a specific concept plan and building elevations. Since this project substantially differs from the original Gramercy concept, the applicant is requesting to amend the original development agreement to remove this property from the original DA and incorporate a new development agreement for the proposed multi-family development. Specifically, the proposed site plan and elevations do not comply with the approved concept plan or elevations. The approved concept plan depicted a mix of townhomes, less multi-family units and single family detached homes as is currently developed for the western half of the Gramercy development. Staff's recommended DA provisions are attached in Exhibit B. Preliminary Plat (PP): The proposed preliminary plat consists of two (2) large buildable lots and two (2) common lots. A portion of this plat includes the re-platting of three (3) commercial lots that were platted with Gramercy Subdivision No. 1. Accolade Apartments RZ, PP, CUP & MDA PAGE 5 Lot 1, Block 2 is 11.18 acres in size and is proposed to develop with the 264 unit multi-family development. Lot 2, Block 2 is 5.19 acres in size and may house an assisted living facility in the future. A future assisted living facility will require approval of a Conditional Use Permit (CUP). Both lots conform to the dimensional standards of the proposed R-40 and existing R-15 zoning districts. The applicant is proposing common lots adjacent to open space lots platted with Gramercy Subdivision No. 1. A landscape plan was not submitted with the preliminary plat application. With final plat submittal, the applicant must provide a landscape plan that depicts the required street trees in the proposed common lots. Said buffers must be planted in accord with UDC 11- 3A-7. Due to the number of units being proposed, addressing for the site is a concern. With a final plat application, the applicant must also submit a private street application. The internal private streets must comply with the requirements outlined in UDC 11-3F-4. Conditional Use Permit (CUP): The applicant is requesting Conditional Use Permit and Design Review approval to construct a 264-unit multi-family development. The proposed development will consist of twelve (12) three-story buildings (two four-plexes and ten eight-plexes), one (1) 1,870 square foot office/clubhouse building, four garages and multiple carport structures. The proposed project will include (60) one-bedroom units, (132) two-bedroom units and (72) three- bedroom units. The applicant is proposing to develop the multi-family project in two development phases. Phase 1 will consist of northern portion of the development and Phase 2 will house the southern half. The applicant is proposing denser landscaping along the south and southwest perimeter of the site due to concerns for the adjacent neighbors. Staff is of the opinion this landscaping should happen in an earlier phase of the project. A recommended condition is that all of the perimeter landscaping be installed with Phase 1 of the development. As mentioned above, the apartment complex will take access from E. Blue Horizon Drive to avoid having the apartment traffic impact the adjacent single family residences. The eastern driveway is proposed for emergency access only. The Fire department and the Police Department have commented that both driveways need to be fully functional. In addition, a third emergency access point is needed given the close proximity of the two proposed access points to E. Blue Horizon. Both the Fire Department and the Police Department are requiring the applicant provide an additional emergency access point. The emergency access point shall be provided on the west side where the complex parking area and E. Blue Tick align. To facilitate the addressing of the apartment complex, a recommended condition is an approval of a private street application must be obtained. Since an assisted living facility may develop on the southern parcel staff recommends the applicant revise the site plan and provide a private street connection along the southern boundary to provide additional connectivity. UDC 11-2A-21ists Multi-family Developments as a Conditional Use in the proposed R-40 zoning district subject to Specific Use Standards listed in UDC 11-4-3-27. These standards apply to Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. Below are the multi-family and general design standards that the applicant is required to comply with in addition to the Urban/Suburban guidelines in the Meridian Design Manual. The proposed project generally complies with the following standards, thus Staff finds the proposal consistent with the applicable UDC standards. Accolade Apartments RZ, PP, CUP & MDA PAGE 6 a. Setbacks: Buildings shall provide a minimum setback of 10 feet, unless a greater setback is otherwise required by the UDC. (UDC Table 11-2A-7 requires a greater setback of 12 feet in the rear.) The building envelopes shown on the site plan meet the minimum setback requirements stated. b. Service areas: On-site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer or utility vaults shall be fully screened from view from any public street. The submitted site plan depicts the location of the trash enclosures. Two of the enclosures may be viewed from an adjacent public street. The applicant should adequately screen these from public view. With a future certificate ofzoning compliance application, the applicant shall comply with this requirement. c. Private, usable open space: 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 other access ways shall not count toward this requirement. Private open space shall not be considered common open space. The proposed units comply with this requirement of the UDC. d. Developments with 20 units or more shall provide the following: A property management office, a maintenance storage area, a central mailbox location (including provisions for parcel mail), and a directory and map of the development at a convenient location. The applicant is proposing to construct a 1,870 square foot multi purpose building to house the property management office, club house and maintenance storage. The central mailboxes are dispersed through-out the development and the directory map is located on the west side of the western entrance along E. Blue Horizon Drive. Staff finds the applicant complies with this requirement. e. Parking: UDC 11-3C-6A requires multi-family dwellings with one bedroom to provide two spaces, one covered and one uncovered and two or more bedrooms to have covered parking for two-cars. Based on the unit mix (60 -1-bedroom units, 56 - 2-bedroom units and 160 - 3-bedroom units), 468 covered parking stalls are required. The applicant has proposed 468 covered parking stalls and 41 uncovered parking stalls which exceeds this requirement. £ Common Open Space Design Requirements: UDC 11-4-3.27C requires a minimum of 250 square feet of outdoor common open space for each unit containing more than 500 square feet and up to 1,200 square feet of living area, and 350 square feet for each unit containing more than 1,200 square feet of living area. (The common open space shall be not less than 400 square feet in area, and shall have a minimum length and width dimension of 20 feet.) Square footages for the proposed units range in size from 656 square feet to 1,127square feet . Thus, a total of 66, 000 square feet of common open space is required. The proposed project includes 78, 461 square feet of open space as depicted on the site plan, which exceeds this requirement. g. Amenities: UDC 11-4-3.27 requires multi-family developments with more than 100 units, the decision making body shall require additional amenities commensurate to the size of the proposed development. Staff is of the opinion that the proposed project complies with this requirement by providing the following qual~ing amenities: 1) pool, 2) several sitting areas throughout the site, 3) two play structures and 4) club house. The project is also adjacent to common open space (pocket parks) developed with Gramercy Subdivision No.1. In addition, future residents will have access to the city park and multi- use pathway developed in the area. Accolade Apartments RZ, PP, CUP & MDA PAGE 7 h. Elevations: Elevations are required to meet the architectural standards set forth in UDC 11-4-3-27E and the Meridian Design Manual. The applicant is proposing twelve contemporary style (12) three- story multi family structures (two four plexes and ten eight plexes) with similar architectural design in two d~erent color schemes. All of the structures are proposed to incorporate a mix of building materials to include the following.• stucco, hardie board lap siding and corrugated metal siding. The proposed club house is also proposed with the same construction materials. The development will also include four (4) garages. The front and side facades will incorporate both the stucco and hardie board siding. Parapets are also proposed to modulate the roojline. The rear facades will incorporate integral color smooth faced block to meet the required fire separation requirements along the property boundary Because a majority of the building will be constructed of stucco and siding, staff is supportive of the proposed smooth faced block. The site will also house numerous carport structures. The design of the carports is flat roofed galvanized metal. Typically, staff has not been supportive of this type of carport design. Because of the contemporary design of the complex, staff believes this style of carport is cohesive with the design of the development. After reviewing the submitted elevations, staff finds the proposed building elevations comply with the multi family specifac use standards and the Meridian Design Manual. i. Landscaping: Per UDC 11-4-3-27F, development shall meet the minimum landscaping requirements in accord with Chapter 3, "Regulations Applying To All Districts," of this title and shall be in accord with the Meridian Design Manual. The landscape plan prepared by South Landscape, dated 12-06-11, labeled Sheets L-101-L-104; generally comply with the requirements of the UDC. Staff recommends that the following modifications be made to the plan: 1) On the southwest corner of the property boundary is an existing ACRD seepage bed/drainage easement that prevents a portion of this buffer to be planted with the required trees and includes a 6-foot wrought iron fence. The total length of the buffer scales at approximately 340 feet and the UDC requires at a minimum 10 trees; two are provided. ACRD will not allow trees over their drainage easement. The applicant shall submit an Alternative Compliance application concurrent with the Certificate of Zoning Compliance to mitigate for the eight additional trees. Further, the applicant should coordinate with ACRD because landscape improvements and the fencing within their easement may require a license agreement between the property owner and ACRD. If a license agreement is required a recorded copy of said agreement shall be provided with the submittal of the CZC application. In addition, all street facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following standards: - The landscaped area shall be at least 3-feet wide; - For every 3 linear feet of foundation, an evergreen shrub having a minimum mature height of 24 inches shall be planted; and - Ground cover plants shall be planted in the remainder of the landscaped area. The applicant has detailed the plantings along the foundations of the proposed structures on sheet L-104. After reviewing the submitted plan, staff finds the applicant complies with this requirement of the UDC. Accolade Apartments RZ, PP, CUP & MDA PAGE 8 j. Maintenance and Ownership Responsibilities: Per UDC 11-4-3-27G, a legally binding document shall be recorded that states the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features. Because the 36 garage spaces are part of the required parking for the site, staff recommends the applicant include in the maintenance agreement that the garage spaces are meant for vehicle parking and not as rental storage. Design Review: The proposed development is subject to Administrative Design Review in accordance with UDC 11-SB-8. Further, the buildings and site design are subject to the standards and guidelines in accordance with UDC 11-4-3-27 and the Meridian Design Manual. As mentioned above, staff has reviewed the site design and elevations for compliance with both the UDC standards and Design Manual guidelines. Staff finds that the proposed project complies with the Design Manual and recommends approval of the design review application including the elevations and site design attached in Exhibit A. Written approval from the Planning Department is required for any modification or alteration. In summary, staff finds the proposed project complies with the future land use map and applicable policies of the Comprehensive Plan, the Meridian Design Manual and development standards of the UDC. Staff finds that the proposed project generally complies with the multi-family specific use standards and the proposed density is less than the allowed density requirements of the R-40 zone. Based on aforementioned analysis, staff is recommending approval of the subject applications. 10. EXHIBITS A. Drawings 1. Vicinity Map/Aerial 2. Preliminary plat 3. Site Plan 4. Landscape Plans 5. Building 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 8. Central District Health Department C. Legal Description and Exhibit Map D. Required Findings from Unified Development Code Accolade Apartments RZ, PP, CUP & MDA PAGE 9 A. Drawings 1. 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Site Plan ~ ~ ~ Y ~_ 1t ~~ __ I I ~, 6rrwTrl _~ ~ ., .f ~ ~ ~ ~ ~ ~ www r - ~ A~Mi~NMYwi~.en : r. E. Cae-ar, ~. ~ - i ~ n`R~ 7 ~ ,r.;~ tfrr ~ i ~ ~ E r. w r rrr .~+ r -. ~ ~ T ~. -"- ' ......._. ...,. „ A F resw u.e ~.. w +a .ar ~ - i :S -. .F.. ~ +P~~ - ~.~~ ~..f~~ E_ ~:~ -.'~~.», 'rim Cre~wrMMrrO~MIru~Wih y a 1 r ~ S a~.a i Z r ~-' _ ~ •_ •l•.•••_• ~Iq~rf Orr AslNltl tirilM hC71Yt Ch~Mr~ r ~ ¢ _...: ~...o..:` _. '~^. ~ LSD •` ~~~~ " ~'~ ~L'~ 491 4. Landscape Plans i ~ ~ , yy~~y w : A qq V I 'I I .a lll t f 11 ~ ~ ~ 1 kk ~ .. ... .,~ f G Gramercy Park ~, ~-. ,~ p d . , .., .. ,. i , .. ::#?~ ~ ® wcw~va ww aerar+u..,~ors..as..aes rwe..es . exrr marv,~e ~.~.o.:, .r..~.. ~M Exhibit A - 3 - _.. ~ i o ~ .....~,... :~~>~~ ._ ~~,` _ i -- ~ t~ m-~ .~.~.~, ~~ Q ~~?~._ ~ ;~ f '~ ~, M ~ w^ R ~~'I 1 I~ 1 1 0 '~ SAL ~~A~ K~ ~~A ~~ N TYPICAI. WO~CAPE RAN OLDa TYP! ~~ ~~ ~l'r ~~ ~ LLO~ !Oi ~~ ~. .- ~.~ ~. .~~ - .,~- - ~~' .,~_ -~~~~ - - :.._.._ "~~ , _ ., _ ...._ Exhibit A - 4 - 5. Building Elevations .. --- .~ , . ~ -- ~s .,~ ~- .w. ~.. ~~~~ ,~ • ~,; - _ _~..~- ""` OC~RI,~rawrnrriww. ~'~;:xz r^ 1111 ~ ~.1~1 I~r• ~~ ~s Exhibit A - 6 - Exhibit A - 7 - B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 Rezone and Development Agreement Modification 1.1.1 Anew Development Agreement (DA) is required as part of the project approval. Prior to the ordinance approval, a new DA shall be entered into between the City of Meridian, the property owner(s) and the developer at the time of ordinance adoption. The Applicant shall contact the City Attorney's office to initiate this process. The DA shall be signed by the property owner and developer and returned to the city within two (2) years of the City Council granting approval of the project. The DA shall, at minimum, incorporate the following provisions: a. Development of this site shall be restricted to amulti-family development consisting of 264 multi-family units, clubhouse, four (4) garages and numerous carports. Amenities shall include the following: a pool, a 1,870 square foot club house/rental office, a playground, a pergola, a tot lot and an internal pathway network. b. Development of this site shall substantially comply with the site plan, landscape plan and building elevations attached in Exhibit A. c. Maximum height of the structures shall not exceed 35 feet. d. Prior to the issuance of a certificate of zoning compliance, the applicant shall provide legally binding documents that state the maintenance and ownership responsibilities for the management of the development and the responsible party shall be a single agency overseeing the entire multi-family development. e. The 36 garage spaces shall be used for vehicle parking. f. The applicant shall provide a private street connection to Lot 2, Block 2 along the southern boundary. g. The southern and southwestern boundary shall include denser landscaping (e.g. shrubs, evergreen and ornamental grasses) and wrought iron fencing as proposed. All of the perimeter landscaping for the multi-family development shall be installed with Phase 1. 1.2 Preliminary Plat -Site Specific Conditions of Approval 1.2.1 The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B. 1.2.2 With final plat submittal, the applicant must provide a landscape plan that depicts the required street trees in the proposed common lots (Lot 1, Block 1 and Lot 1, Block 3). Said buffers must be planted in accord with UDC 11-3A-7C. 1.2.3 With a final plat application, the applicant shall submit a private street application. The internal private streets shall be 26 feet wide and must comply with the private street requirements outlined in UDC 11-3F-4. 1.3 General Conditions of Approval 1.3.1 Comply with all bulk, use, and- development standards of the applicable district (R-15 and R-40) listed in UDC Chapter 2 District regulations. The DA restricts the height in the R-40 zone to a maximum of 35 feet. 1.3.2 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. Exhibit B - 1 - 1.3.3 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.3.4 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-SJ. 1.3.5 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C (streets). 1.3.6 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.3 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years, or 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.4 Staff failure to cite any specific ordinance provisions does not relieve the applicant from responsibility of compliance. 1.5 Conditional Use Permit 1.5.1 The site plan, prepared by Rob Thornton, labeled AS-lOland AS-102, dated 12/18/11, is approved, with the conditions listed herein. The applicant shall revise the site plan as follows: • Provide the amenities as proposed on the site plan attached in Exhibit A. Details of the planned amenities shall be provided with a future CZC application. • The applicant shall include the trash enclosure detail on the revised site plan. Said enclosure shall contain solid metal doors and be constructed of similar building materials as the proposed buildings and screened from any public street. • An emergency access point shall be provided on the west side where the complex parking area and E. Blue Tick Street align. • The eastern most driveway adjacent to E. Blue Horizon Drive must be a full access driveway and not an emergency access driveway as proposed. • The applicant shall provide a private street connection along the southern boundary of the development to provide additional connectivity to Lot 2, Block 2. 1.5.2 The landscape plans, prepared by South Architecture, dated 12/11/11, labeled L-101-L-104 are approved with the following comments: • Construct the perimeter landscaping as proposed. The southern and southwestern boundary shall include denser landscaping and wrought iron fencing as proposed. All of the perimeter landscaping for the multi-family development shall be installed with Phase 1. • The applicant shall submit an Alternative Compliance application concurrent with the Certificate of Zoning Compliance to mitigate for the eight additional trees that cannot be planted ACHD's drainage easement. The applicant shall also coordinate with ACHD for any landscape improvements and fencing within their easement. If a license agreement is Exhibit B - 2 - required a recorded copy of said agreement shall be provided with the submittal of the CZC application. 1.5.3 All parking stalls shall meet the dimensional requirements in accordance with UDC 11-3C-5. 1.5.4 Provide at least 80 square feet of private, useable open space, such as a patio or balcony/deck, for each multi-family dwelling unit in accordance with UDC 11-4-3-27B.3. 1.5.5 Maintenance of all common areas shall be the responsibility of the developer or assigns. Record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including but not limited to structures, parking, common areas, private streets, and other development features. The 36 garage spaces are part of the required covered parking for the site, the applicant shall include in the maintenance agreement that the garage spaces are meant for vehicle parking and not as rental storage. A copy of the recorded document shall be submitted with the first Certificate of Zoning Compliance (CZC). 1.5.6 A CZC is required prior to issuance of a building permit for any and all of the multi-family units within this development. All structures including the multi-purpose building, garages and the carport structures must substantially comply with the elevations submitted with the CUP and the architectural standards listed in UDC 11-4-3-27E for multi-family developments. NOTE: A CZC application may include one or more multi-family units on a lot/parcel. 1.5.7 As determined by the Planning Director, the multi-family buildings, clubhouse, garages and carports constructed on this site shall substantially comply with the renderings submitted to the City with the CUP application, and 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. 1.5.8 All signage for the site requires approval of a sign permit. All signage must comply with UDC 11-3D-8I and 11-3D-10, Table 2, for subdivision identification signs. 1.5.9 Provide temporary fencing around the perimeter of the building sites to contain debris during construction and shall be installed around the site prior to release of building permits. 1.5.10 The applicant shall comply with the outdoor lighting standards set forth in UDC 11-3A-11. The outdoor lighting shall have downward shielding on the building and perimeter lighting shall not impact the surrounding single-family residences. 1.5.11 The applicant shall comply with the specific use standards for the multi-family developments listed in UDC 11-4-3-27. 1.5.12 The request for Administrative Design Review approval of the site design and proposed buildings is approved as modified by the conditions of approval herein. Any modifications to the site design or building alternations shall not occur without written approval from the Planning Department. 1.5.13 Staff's failure to cite specific ordinance provisions or terms of approval of the Kenai/Gramercy development does not relieve the applicant of responsibility for compliance. The applicant shall comply with all prior conditions of approval for this site. 1.5.14 The conditional use approval shall be null and void if the applicant fails to 1) commence the use within two years as set forth in UDC 11-SB-6F1 or 2) gain approval of a time extension as set forth in UDC 11-SB-6F4. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in E Blue Horizon Dr and S Loftus Ave. The applicant shall install mains to and through this subdivision; Exhibit B - 3 - 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 alternate materials shall be used in conformance of City of Meridian Public Works Deparhnents Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in E Blue Horizon Dr and S Loftus Ave. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 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 shall 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 shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, which must 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 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat. 2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall 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. 2.7 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. 2.8 A letter of credit, cash surety or bond in the amount of 110% will be required for all uncompleted non-life safety improvements (eg. fencing, landscaping, amenities, etc.), prior to signature on the final plat. 2.9 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. 2.10 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.11 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.12 All grading of the site shall be performed in conformance with MCC 11-12-3H. Exhibit B - 4 - 2.13 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.14 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl space is at least 1-foot above. 2.15 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.16 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.17 100 Watt and 250 Watt, high-pressure sodium street lights shall be required per the City of Meridian Department of Public Works Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted to the Public Works Department for approved. The street light contractor shall obtain the approved design on file and an electrical permit from the Public Works Department prior to commencing installations. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.18 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature .This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 2.19 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two~rs. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 3. FIRE DEPARTMENT 3.1 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 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 '/z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the 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. Exhibit B - 5 - 3.3 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 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. 3.6 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 D107.1. The two entrances should be separated by no lessthan''/z the diagonal measurement of the full development as set forth in International Fire Code Section D 104.3. The applicant shall provide a third emergency access point on the west side where the complex parking area and E. Blue Tick align. 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 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.9 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. 3.10 The roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface. Streets less than 26' in width shall have no on-street parking; streets less than 32' in width shall have parking only on one side. These measurements shall be based on the drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of 13' 6". The roadway shall be able to accommodate an imposed load of 75,000 GV W as set forth in International Fire Code Section 503.2.1. and D103.6.1 and D103.6.2. 3.11 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. 3.12 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in International Fire Code Section 505.1. 3.13 As set forth in International Fire Code Section 504.1, multi-family and commercial projects shall be required to provide an additional sixty inches (60") wide access point to the building from the fire lane to allow for the movement of manual fire suppression equipment and gurney operations. The unobstructed breaks in the parking stalls shall be provided so that building access is provided in such a manner that the most remote part of a building can be reached with a length of 150' fire hose as measured around the perimeter of the building from the fire lane. Code compliant handicap parking stalls may be included to assist meeting this requirement. Contact the Meridian Fire Department for details. 3.14 Commercial and office occupancies will require afire-flow consistent with International Fire Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C. 3.15 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) Exhibit B - 6 - 3.16 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. 3.17 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 507.5.1. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.18 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. 3.19 .All R-2 occupancies with 3 or more units shall be required to be fire sprinkled as set. forth in International Fire Code Section 903.2.8. 3.20 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets as set forth in IFC 102.9. 3.21 Buildings over 30' in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. 4. POLICE DEPARTMENT 4.1 Applicant shall provide two open full access points into the complex at all times. A third emergency access point shall be provided on the west side where the complex parking area and E. Blue Tick align. 5. PARKS DEPARTMENT 5.1 The Parks Department has no comments related to this application. 6. SANITARY SERVICE COMPANY 6.1 Prior to submittal of a Certificate of Zoning Compliance (CZC) application to the City of Meridian Planning Department, the applicant shall submit a scaled site plan and detail of the trash enclosure to Doug Mason, SSC (888-3999) that demonstrates compliance with the following items: a. Suitable waste enclosure locations (enclosures should be located to minimize service vehicle back-up requirement)J; b. Sufficient overhead clearance height for service vehicles (a minimum 13' clearance is required, including power and telecommunication lines; this requirement increases to 22' at container service locations); Exhibit B - 7 - c. Ample number and size of waste receptacles/enclosures to meet waste generation points and volumes; d. Adequate waste enclosure access (the applicant shall provide drive-on capability for 6 and 8 cubic yard containers; allow a minimum of 60' frontal clearance); e. Adequate turning radius (provide a minimum 28' inside and 48' outside for all entrances, internal roads, drive aisles, alleys, and private streets where they intersect a public street); £ Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. g. Meets design standards for waste enclosure(s): i. Concrete pad for the waste enclosure (required for all enclosures); ii. Concrete apron in front of waste enclosure (minimum 8' in depth) iii. Gate locks for the waste enclosure for both open and closed positions; iv. Clearance inside waste enclosure gates (minimum 12' x 10' when in open position) Note: If building tenant wishes to recycle, please contact Doug Mason, SSC at 888- 3999 for minimum dimensional requirements; v. Bollards inside the enclosure to prevent the container from damaging the walls and gates; vi. Waste enclosure user access (When possible, the enclosure should be designed with an easy pedestrian access point other than the front gates to ensure less mess within the enclosure as well as reduce gate damage) 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC COMMENTS 7.1 Construct Loftus Avenue as a 34-foot street section with curb, gutter and a 5-ft wide attached sidewalk abutting the site, as proposed. Provide written fire department approval for use of the reduced street section. 7.2 Close two existing 36-ft wide driveways on Blue Horizon Drive located 220-ft and 425-ft east of Wells Avenue and replace them with vertical curb, gutter and 5-ft wide concrete sidewalk to match the existing conditions. 7.3 Construct one 30-ft driveway onto Blue Horizon located 330-ft from Wells Avenue and one 36-ft driveway onto Blue Horizon located 570-ft from Wells Avenue accessing the site, as proposed. 7.4 Pave all driveways their full width and at least 30-feet into the site beyond the edge of pavement of the roadways. 7.5 Enter into a license agreement for any landscaping located within ACHD right-of--way abutting the site. 7.6 Payments of impact fees are due prior to issuance of a building permit. 7.7 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 right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of--way. Exhibit B - 8 - 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of--way or easement areas. 7.2.6 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. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 In accordance with District policy, 7203.6, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 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 ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 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 the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 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 by the applicant 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 the time unless awaiver/variance of said requirements or other legal relief is granted by the ACRD Commission. Exhibit B - 9 - C. Legal Description and Exhibit Map RE 1 PPROVAL BY JAN 8 k 2012 MERIDIAN PUBLIC WORKS DEPT. ~1tto R~~ a peal bawd w the w K et !+. NE K d tfaaeon 20. TovrrNAip a Nom. Nanpa ~ E.al bMe M.nar+. llde COtll~, I.d.tb. and more paAaMry daapRrad N fONOWY. 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PC .Nraraty 4.2012 ~a~~uwtons Exhibit C - 1 - ACCOLADE APARTMENTS - RE ZONE EXHIBIT 17 Mi M ~r ~~ ~ ~ t f1>f~ REVt ROWAL ~ ~ '`- _ _ _ E3Y c SIC li. a 1 JAN A 42012 MERIDIAN BLS WORKS D PT. 1 ~ ~. i ~ _ ._i.~FlL~_ ala ~ .1f.>ti Ap1O 1 s`-~rs'K t r ~ w I ~~ • 1 • I = i 1 i ~• ~ M ~N N 1 r ^ ~ s ~ • s t ~ ~• _ !e!~!ltL~_ _ _ . i i t i i i • • ,wt f r" p b A L 7/ if tl q 11101MNO MMIM MMpNMON i0. i n olutlons o so ioo ioo '~~ardCai~1'~'g N..ow• O ~. -----~>r.~.1. nw.~~~ .~ Exhibit C - 2 - D. Required Findings from Unified Development Code 1. 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 applicant is proposing to rezone 12.29 acres of land from C-G, TN-R and R-15 zones to the R-40 zone. The proposed zoning district is consistent with the MiJ-R land use designation. The Commission finds that the proposed development complies with the applicable provisions of the comprehensive plan (please see Section 7 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds that proposed development complies with the established regulations and purpose statement of the R-40 zoning district as the proposed density (23.6) and building height (30 feet) is less than the maximum allowed in the district. The Commission also finds that the proposed map amendment complies with the regulations of the proposed district. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds that the proposed zoning amendment should not be detrimental to the public health, safety, or welfare. As part of developing this site, the applicant will have to provide the necessary infrastructure to serve the development. Both the Fire and Police Departments have commented on the application, thus the Commission finds the development should not impact the delivery of those services as well. Staff recommends that the Commission and Council consider any oral or written testimony that may be provided when determining this finding. 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 amendments will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site since services are not available. E. The annexation is in the best of interest of the City (UDC 11-SB-3.E). If the applicant complies with the development agreement provisions and the conditions of approval, the Commission finds the rezone is in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan; Exhibit D - 1 - The Commission finds that the proposed plat is in general conformance with the comprehensive plan (please see Section 7 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. Public services are available or can be made available and are adequate to accommodate the proposed development; The Commission finds that services can be made available to accommodate the proposed development. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the Commission finds that the subdivisions will not require the expenditure of capital improvement funds. D. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. E. The development will not be detrimental to the public health, safety or general welfare; and The Commission 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. ACRD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference consider the facts, analysis and any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. F. The development preserves significant natural, scenic or historic features. The Commission is unaware of any natural, scenic or historic features on this site. Therefore, the Commission 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. The Commission and Council may consider any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Conditional Use Permit Findings: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Commission finds that if the site is designed according to the conditions of approval in Exhibit B, the site will be large enough to accommodate the proposed use and meet the dimensional and development regulations of the R-40 district and the Multi-family Specific Use Standards. b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Exhibit D - 2 - The Commission finds that the proposed multi-family residential use in the R-40 zone meets the objectives of the Comprehensive Plan. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Commission finds that the proposed multi-family development is compatible with other commercial and residential uses in the general area and will not adversely change the character of the area. The proposed use was intended for this area with the annexation of the property. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Commission finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this staff report and constructs all improvements and operates the use in accordance with the UDC standards. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Commission finds that sanitary sewer, domestic water and irrigation can be made available to the subject property. Please refer to comments prepared by the Public Works Deparhnent, Fire Department, Police Department and other agencies. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The Commission finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay impact fees. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The Commission finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. The Commission recognizes the fact that traffic and noise will increase with the approval of this development; however, the Commission does not believe that the amount generated will be detrimental to the general welfare of the public. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The Commission finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D - 3 -