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Accolade Apartments - MDA-12-004CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER (~E IDIAN~-- IDAHO In the Matter of Development Agreement Modification to Amend the Site Plan, Landscape Plan, Building Elevations and Certain Provisions of the Recorded Development Agreement for Accolade Apartments, Located South of E. Overland Road between E. Blue Horizon Drive and the Ridenbaugh Canal, by Perry Homes. Case No(s). MDA-12-004 For the City Council Hearing Date of: August 21, 2012 (Findings on September 4, 2012) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 21, 2012, incorporated by reference) 2. Process Facts. (see attached Staff Report for the hearing date of August 21, 2012, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 21, 2012, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 21, 2012, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. l 1-784 and Maps. 3 . The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA-12-004 -1- 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of August 21, 2012, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for development agreement modification is hereby approved per the conditions of approval in the attached Staff Report for the hearing date of August 21, 2012, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11-SB-3D). A modification to the development agreement maybe initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11-SB-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of August 21, 2012 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA-12-004 _2_ By action of the City Council at its regular meeting held on the day of 2012. COUNCIL PRESIDENT BRAD HOAGLUN COUNCIL VICE PRESIDENT CHARLIE ROUNTREE COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED~~-- VOTED VOTED VOTED .__.-- VOTED Copy served upon Applicant, The Planning .Department, Public Works Department and City Attorney. B Dated: Ci lei ice ~- s-Zoe-L CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA-12-004 -3- STAFF REPORT Hearing Date: August 21, 2012 T0: Mayor and City Council FROM: Bill Parsons, Associate City Planner (208) 884-5533 SUBJECT: MDA-12-004 -Accolade Apartments ~~E IDR IAN-- IDANO / 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Perry Homes, requests approval to modify the site plan, landscape plan, building elevations, and certain provisions of the recorded development agreement (Instrument # 112033247). See Section IXAnalysis for more information. 2. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA with the amended provisions listed in Exhibit B of the Staff Report. The Meridian City Council heard this item on A~~u pct 21.2012. At the public hearing, a Council annrovec~ the suhiect MD_A_ request. ~_ ummarv of City Council Public Hearing: i~ In favor: Matt Swain,~ylor Merrill. and La rv Kovari In onnosition: None ommentin~: None ~ Written testimony: None yj: Other staff cnmmentin~ on a~~lication: None ~ ~gy Tccnec of niscussion by Council: L 1Y4~ ~ fey Council Changes to Staff Recommendation i~ LYQn.~ 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number MDA-12- 004 as presented in staff report for the hearing date of August 21, 2012 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number MDA-12-004 as presented in staff report for the hearing date of August 21, 2012 for the following reasons: (You should state specific reasons for denial of the applications.) Continuance I move to continue File Number MDA-12-004 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 1/4 of the NE 1/4 of Section 20, T.3N., R.IE. Accolade Apartments -MDA-12-004 -1- b. Owner: Gramercy, LLC P.O. Box 344 Meridian, ID 83680 c. Applicant: Perry Homes 17 E. Winchester Street, Suite #200 Salt Lake City, UT 84107 d. Applicant's Request: Please see applicant's narrative for this information. 5. PROCESS FACTS a. The subject application is for a development agreement modiftcation. A public hearing is required before the City Council on this matter, consistent with Meridian City Unified Development Code Title 11, Chapter 5. b. Newspaper notifications published on: August 6, and 13, 2012 c. Radius notices mailed to properties within 300 feet on: August 3, 2012 d. Applicant posted notice on site by: August 9, 2012 6. LAND USE a. Existing Land Use(s): The subject site is vacant land; zoned R-40. 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 inclose proximity to the subject site. c. History of Previous Actions: The subject property received rezone (RZ-11-007), preliminary plat (PP-11-014), conditional use permit (CUP-11-010) and development agreement modification approval fora 264 unit multi-family development in an R-40 zone. The property is subject to a recorded development agreement (instrument #112033247). 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 maybe needed for fire flow requirements. e. Physical Features: 1. Canals/Ditches Irrigation: The Ridenbaugh Canal is approximately 450 feet from the southern boundary of the proposed 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 Accolade Apartments - MDA-12-004 - 2 - 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 276 multi-family dwelling units on 11.18 acres for a gross density of 24.7 dwelling units/acre. The changes proposed with this application will result in a higher gross density which is still consistent with the MU-R designation. 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 iszoned 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-2 lists multi-family developments as a conditional use in the R-40 zoning district. Specific Use Standards (UDC 11- 4-3-27)apply to multi-family developments. 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 elevation height is approximately 34 feet at mid point. D. Landscaping: 1. Parking lot landscaping: All parking lot landscaping shall comply with the standards listed in UDC 11-3B-8C. 2. Street Buffers: All street buffers must comply with the standards listed in UDC 11-3B-7C. E. Off Street Parking: UDC 11-3 C-6A requires multi-family dwellings with one bedroom to provide two spaces, one covered and one uncovered and 2 or more bedrooms to have a two parking stalls in a covered carport or garage. Based on the proposed unit mix (138 -1-bedroom units and 138 - 2-bedroom units), 414 covered parking stalls are required. The applicant has proposed 414 covered parking stalls and 69 uncovered parking stalls which meets the parking requirements of the UDC. 9. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Development Agreement Modification (MDA): The request is for a modification to the recorded development agreement (DA) approved for the Accolade apartment project. The recorded DA authorized amulti-family development consisting of 264 apartment units within (12) three-story buildings, 4 garage structures, a clubhouse, swimming pool, several sitting areas Accolade Apartments - MDA-12-004 - 3 - and two play areas. The gross density approved for the multi-family portion of the site is 23.6 dwelling units per acre. The development of the apartment complex was to occur in two phases. The applicant is proposing the following changes to the approved Accolade apartment project: 1) Revised building elevations from a contemporary design to a traditional design; 2) Increase in the number of units from 264 to 276; 3) Increase in density from 23.6 to 24.7 dwelling units to the acre; 4) Reduction in the number of proposed buildings from 12 to 10. The approved plan depicted a mix of three story four-plexes and eight-plexes. The proposed modification is for three-story apartment buildings; (7) buildings consist of 24 units and three (3) buildings consist of 36 units respectively; 5) Decorative entry feature; 6) More garages/less carports and 7) Anew site/landscape plan which include changes to the approved amenities, building orientation and site landscaping. Site/Landscape Plan: The site design has changed significantly from the approved one. The proposed plan has more garages, less carports, larger buildings and a large central open space. The reorientation of the site (buildings, parking and open space) provides better connectivity between the apartments, the parking areas and the open space. The entire prof ect will be constructed in one phase. Additionally, the applicant is proposing three connections to the 5-foot wide pathway constructed in the El Dorado Business Park to the east. Staff has received a letter of support from the adjacent owner for the pathway connection which will allow the future residents additional route to the City's pathway along the Ridenbaugh Canal and the business park (see Exhibit A.2). Because of the reorientation of the site, the planned amenities for the proj ect are proposed to change. The site will still develop with a community pool, a clubhouse and a pavilion area as previous approved. However, the applicant is proposing to replace the two play structures with the large central open space area and an internal pathway system. Although different from the original approval, the proposed development complies with the amenity requirements of the UDC. Elevations: The applicant is requesting to modify the elevations with the subject application. The approved plans include athree-story contemporary design with flat roofs and two variations in the building design. The applicant isproposing athree-story traditional design with pitched roofs (see Exhibit A.3). A provision of the DA requires two variations in the building design. The recorded development agreement restricts the height of the buildings to 35-feet. The UDC requires the height of the structures to be measured from grade to the mid-point of the roof. The height of the approved elevations measured 30-feet to the top of the parapet. Although the roof design has changed, the proposed apartment buildings measure 33'7" to the mid-point which complies with the height requirement in the DA. The construction materials for the proposed buildings and garages are also requested to change to include a mix of cement board siding (board and batten and vertical lap siding) and brick wainscot. The approved elevations were comprised of stucco, hardie board lap siding and corrugated metal. The garages will not have the brick wainscot but a gable feature has been added to break-up the long expansion of the roof and includes another building material consistent with the proposed building elevations. Further, the applicant has agreed with the neighbors to construct the same gable feature on the rear of the four garages along the southern boundary. The proposed carports will remain a flat roof design painted/power-coated to match the color scheme of the proposed development. A recommended provision of the modified development agreement requires the applicant to provide two variations in the proposed elevations and construct the proposed club house and Accolade Apartments - MDA-12-004 - 4 - garages of similar construction materials as the apartments. Two color schemes must be provided on the proposed apartment buildings and garages. At a minimum there must be two body colors and one trim color. The carport design is proposed to remain as a flat roof design approved under the original CUP, however they must be painted or powder coated to complement the overall color scheme of the development. Landscaping: During the conditional use permit hearing, the applicant was required to submit a revised landscape plan 10 days prior to City Council hearing that represented the landscape changes along the south and southwest boundary agreed upon by the neighbors and the developer. In collaboration with the neighbors, the applicant has agreed to construct a 2-foot tall berm along the south and southwest boundary planted with a mix of 3-inch caliper deciduous trees, conifers, shrubs and ornamental grasses. The adjacent neighbors support the changes to the south and southwest boundary. A recommended DA provision requires compliance with the revised site/landscape attached in Exhibit A. Third Access: Under the previous review, the Police Department and the Fire Department requested a third access to serve the development. The approved plan requires the access to connect S. Loftus Avenue located near the southwest corner. Due to the redesign of the site plan, this location is no longer feasible for a third access. The applicant has requested that the third access be relocated at the southern boundary as depicted on the proposed plan. A private street is required as part of the preliminary plat approval and will stub along the southern boundary to serve as the third access. The adjacent neighbors wanted a gate to restrict the use of the third access, however, the Fire Department does not support of the proposed gate based on the requirements of the international fire code. The owner of the five acre parcel (south) has agreed to provide a temporary dirt berm along the south boundary of the required fire lane. Because this is an off site improvement, staff included a provision that requires the construction of the temporary berm as agreed upon by the owner and the adjacent residents. Specific Use Standards: The specific use standards for multi-family developments listed in UDC 11-4-3-27 apply to development of this site. The applicant will be required to submit a site plan that demonstrates compliance with those standards with the Certificate of Zoning Compliance application for the proposed use. The aforementioned changes to the recorded development agreement are attached in Exhibit B. 10. EXHIBITS A. Drawings 1. Vicinity Map 2. Approved and Proposed Site/Landscape Plan 3. Approved and Proposed Elevations 4. Proposed Entry Feature B. Conditions of Approval Accolade Apartments - MDA-12-004 - 5 - A. Drawings 1. Vicinity Map N _. . ~ .. .... __ ~___; ;_____._ ................_...____ _...______._-.......... 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I..Irrr t Rv.: . . LV~:i 1l~ J~:Ai.~ea A.x4 Y~MeJ! MM ti ~.4i?:' iq £ Y.:N r.v1 is Niu h, '7:iw liw! +x!101 wi4ii Re9Y. iaiali `. :Y:Y'w-. ~R ~ ~_ :i -i ~t ~Jk~ ^~. u poi y ....... .. ,. n ___.___.... E'$Iue~ontnnDr.:~~,.,~+`..~~,~"~•v~.~.~p.tl~ rJl~.:~^.v.. 1.: ~, , ~~~ ~ ~ :.. ~ i ~ _~,~ r , ~ i~. i , 1~ r ;. `" ~ i ~'!` ;i ,,-~,~ °` 4 K . I 1 1~ ~ . ~ ~ Gramercy Park ~~ ~ ~ ; : ; ~ ~ ~ 1 •'L. .. ~ + ,~ "~ ~ , ~ .~ k ..; r' I s s asrw.is' ~, ~.,~a , ~ , r r ' ~ ~- s . ~~~. + .'. ~~~- i t i ;~ ~:~~~t, ~ ~; Ko ~ ~ ~ s ~ .. ~ P3i~E 1 `,. ,.,:s ~ ~ Y ~ ~, u-~scAae t~,w ,, .; .,E ,,.. _ ... : B~uE SH81iIT 1r1a1 P10$ OVYRAId. 81'1'8' PLAN, DETAILS ~ NOT76B. 88~ SH881T L•104 FOB 'X`TI~'Itt11Ir UNPP DIDTAILEn I.I1MD90AlS PLANlJ. Exhibit A - 2 - __ _ ,. i ~r .~. ,; ,~ , .,_ .; 1lIACItlt.R!(!lJD i . ~ Iy ,. } ~~ ? w~: i ~~~- ~~ I I~ ,' x it I ~, f ,~, 0 I y'yd~ Y .__ i.ANpSCAPE,PIAM BBB ~8~' Ir101 ?OR 4VNtLLLL ~1TS PLAN. DSTAILB Ic NOTEB. ~ BgNN'i' Ir104 lY3R Exhibit A - 3 - ~1MC60~Ft K!Y• ewmnau cams ~° o~mc~ ~..,..,.. "' ~ µuwrr~~a,w,,n r.+ ~ ~ M tAkfl3CA!'# !'UM 7 i~~ ~• . ~,a ~ }„ w.a , .~,~,~. Y 3. Building Elevations (Approved and Proposed) Approved Elevations H : r, ~ ~ Ylr.. Y ~ C b~ ~ $T X p4 d . NH n} ~ ~': ~3~ Y .n i~«-s a ~F. ~ a~ ~F A . ~w ,~ tT 5, ~.~ „~ r e ^t~ ~s 'i. ~ rte. ~~ ~ i ~- 0 .- 1 U ~ v IR m ~FF ~ C a ~ ~~ c d 1 tl f, U ~°~ ~: i. ,~ t '~. ~. `. rt _,. ~ ~ i v yyy~~ ~ V r ~ ~ e.~ It. eY 1Nt RI~11[IEOtf 1flgC( ! w.lux fic aca,.x±s: .an I.s:a ~~a,so-•.rx ww•!su .:w 1<aonT #L#vanaM AEAA #LEVATION [#TNOTES ,.1 ~.lT:y.,.H ~,. ~~ ~lt,~~~*' ! i7! iC c `IS.r a~rr.c„a:~.'m11Ft R1r ate.: the flelda at Gramercy Apar~enta Y!~l84:r./7JIK 1 ~ ~#A#RAl NOTES ! L „a ~•tl rl xT• r,~K1~~~° ~~ ``^ ~ i r! i s ~ QQt4H..N 911~ ~~~ ~ '1111,,,, f tf ! lIL1 y~1 $~ AS.~ taf1FFC~ P~":"; S~ ~.Il5iS6'R~ Exhibit A - 4 - Proposed Elevations Proposed Garage and Carport Elevations +- 16ARAGE fROMT EIEVATI0t1 20ARAGE ENG E~EVafloN t~ _._.. _..._ ~.~ - _ - _ _._ ~_--_-. .__. _ _ , ;: a w.t ,::kr a a, :s ~ ar ., .°, „ • :. aaa: r ` ~.~ w_,. _...__.. , ._ _...__ M y_~__~_ ._..__....e ~_.r - .~_ .~._ 4f d/vf f .Nt• H fb: MI , :x ~L' n:; k:~ ~6ARAGE REAR EtEVAflON E ~ rYa sH ,o.;~u.,{ ~ ra~axa a. a~~ara ~! f3`i ~~La' Yak x+11 ++~1M ~iF '1~• ~1 C(dlMltl EIEYE AflON CEAPORT ENO ELEVAflOli ~,•,~.~ a:..~.-r Exhibit A - 5 - 4. Proposed Entry Feature Z ~ ` t$ ~'- b M a . ..: 1~'~ j ., icy 1~ Exhibit A - 6 - B. Condition of Approval 1. The amended DA shall be signed by the property owner and returned to the City within two years of the City Council granting the approval. The current DA provisions listed in recorded development agreement (Instrument #112033247) shall be replaced with the following provisions: a. Development of this site shall berestricted to amulti-family development consisting of 276 multi-family units, clubhouse and seventeen (17) garages and thirty-nine (39} carports. Amenities shall include the following: a pool, a club house/rental office, pavilion, large central open space with an internal pathway network. b. Development of this site shall substantially comply with the site/landscape plan, building elevations (garage and carport) and entry feature attached in Exhibit A. With the future CZC and DES applications, the applicant shall provide two variations in the apartment building design and submit club house, garage and carport elevations that contribute to a cohesive design of the development and incorporate similar building materials. At a minimum the apartment buildings and garages shall have two color schemes to include two field colors and one trim color. The carports shall be painted or powder coated to match the color scheme of the development. The four (4) garages along the southern boundary (facing the residences) shall include the gable design on the rear facade as shown in Exhibit A. c. Maximum height of the structures shall not exceed 3 5 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 entity overseeing the entire multi-family development. e. The 13 8 garage spaces shall be used for automobile parking for the apartment residents. f. The applicant shall provide a private street connection to Lot 2, Block 2 along the southern boundary as depicted on the site/landscape plan in Exhibit A. This access will also serve as the third access required by the Fire Department. A gate must not be installed at this location per the Fire Department. The owner of the 5-acre parcel to the south of the proposed development must construct a dirt berm along the south edge of the required fire lane. The berm shall be high enough to screen the vehicle lights from the proposed multi-family development. g. The applicant shall construct a 2-foot tall berm along the south and southwest boundary planted with a mix of 3-inch caliper deciduous trees, 8-foot tall conifers, shrubs and ornamental grasses consistent with the site/landscape attached in Exhibit A. No trees shall be placed within the ACRD seepage bed. Since the trees may not be placed within the ACFID easement, the applicant shall incorporate a mix of shrubs and tall ornamental grasses in the southwest corner (adjacent to the open parking stalls) of the proposed development to screen the open parking area from the adjacent single family residences. Exhibit B -1-