Staff ReportItem #4F, G: Rockcreek Apartments (RZ-12-003; CUP-12-010)
Application(s):
- Rezone
- Conditional Use Permit
Size of property, existing zoning, and location: This site consists of 0.58 of an acre, is currently zoned L-0, and
is located at 1023 & 1025 W. Pine Avenue, on the south side of Pine midway between Linder & Meridian Roads.
Adjacent Land Use & Zoning:
North: W. Pine Avenue & residential properties (Clarinda Fair), zoned R-4
South: Apartments (Rock Creek), zoned R-15
West: Apartments (Rock Creek), zoned R-15
East: Church (Meridian Friends), zoned L-0
History: In 2005, a CUP for a planned development (PD) was approved that included this site & the property to the
south and west. The PD was for a mix of residential & commercial uses with reductions to building setback
requirements. A total of (25) 4-plex's & (2) 3,080 square foot office buildings were approved to develop on the overall
site.
Summary of Request: Request for a rezone of 0.58 of an acre from the L-0 to the R-15 zoning district consistent
with the Comprehensive Plan FLUM designation of HDR. A CUP is also requested for approval of amulti-family
development, consisting of (2) 4-plexes containing a total of 8 dwelling units.
The proposed development will need to comply with the specific use standards for multi-family developments. A
minimum of 2,000 s.f. of common area & 2 amenities are required to be provided for this development. Common area
will be provided between the structures and the two ground floor patios at the rear of the structures. The applicant
plans to provide an enclosed bike storage area and BBQ & picnic area with tables as amenities.
Access to the site is provided via Pine Avenue and was approved & constructed with the overall Rock Creek
development. The parking lot & street buffer landscaping has also already been constructed.
Building elevations for the two apartment buildings as well as the carports have been submitted. All structures are
required to comply with the design standards in the UDC as well as the guidelines in the Meridian Design Manual.
The elevations for the carports will need to be revised prior to submittal of the CZC to be compatible with the
associated residential buildings as far as similar roof forms, architectural elements, materials, & colors in accord wl
design standards.
Written Testimony: Kent Brown (in agreement w/staff report)
Staff Recommendation: Approval
Notes:
STAFF REPORT
HEARING DATE: October 18, 2012 E IDIAN~--
TO: Planning & Zoning Commission I D A H d
FROM: Sonya Wafters, Associate City Planner
208-884-5533
SUBJECT: RZ-12-003; CUP-12-010 -Rockcreek Apartments
L SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Iron Mountain Real Estate, has applied for a rezone (RZ) of 0.58 of an acre from the
L-O to the R-15 zoning district; and conditional use permit (CUP) for amulti-family development
consisting of two 4-plea structures (8 dwelling units) in a proposed R-15 district for Rockcreek
Apartments.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed RZ & CUP based on the Findings of Fact and
Conclusions of Law in Exhibit D of the Staff Report.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to recommend approval of File
Numbers RZ-12-003 & CUP-12-010, as presented in the staff report for the hearing date of October
18, 2012, with the following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to recommend denial of File
Numbers RZ-12-003 & CUP-12-010, as presented during the hearing on October 18, 2012, for the
following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Numbers RZ-12-003 & CUP-12-010 to the hearing date of (insert continued
hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located at 1023 & 1025 W. Pine Avenue, in the SW '/4 of Section 12, Township 3
North, Range 1 West. (Parcel No.'s 87533410030 & 87533410020)
B. Applicant:
Iron Mountain Real Estate
3681 N. Locust Grove Rd., Ste. 100
Meridian, ID 83646
C. Owner:
Bruce Farrelly
127 Delaware Avenue
Laurel, DE 19956
Rockcreek Apartments RZ-12-003; CUP-12-010 PAGE 1
D. Representative:
Kent Brown, Kent Brown Planning Services
3161 E. Springwood Drive
Meridian, ID 83642
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a rezone and conditional use permit. A public hearing is required
before the Planning & Zoning Commission and City Council on this matter, consistent with
Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: October 1, and 15, 2012 (Commission)
C. Radius notices mailed to properties within 300 feet on: September 28, 2012 (Commission)
D. Applicant posted notice on site by: October 4, 2012 (Commission)
VI. LAND USE
A. Existing Land Use(s): This property is currently vacant. The total size of the site is 0.58 of an
acre.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: W. Pine Avenue & residential properties (Clarinda Fair), zoned R-4
South: Apartments (Rock Creek), zoned R-15
East: Church (Meridian Friends), zoned L-O
West: Apartments (Rock Creek), zoned R-15
C. History of Previous Actions:
- This property was originally platted as Lot 3, West Lawn Subdivision in 1906 and was
annexed with an L-O zoning district in 1990 (Ordinance #542).
- In 2005, a preliminary plat (PP-04-005) and conditional use permit for a planned
development (CUP/PD) (CUP-04-006) were approved for this site and the abutting
property to the south and west. The CUP/PD was for a mix of residential and commercial
uses with reductions to building setback requirements for Rock Creek Subdivision. A
total of (25) 4-plea's and (2) 3,080 square foot office buildings were approved to develop
on the overall site through the CUP/PD. The following amenities were provided on the
site as part of the PD: an open area with playground equipment, benches, picnic tables,
BBQ, a'h basketball court, and section of the multi-use pathway along the Nine Mile
Drain.
- In 2006, this property was included in the final plat (FP-04-078) for Rockcreek
Subdivision as Lots 2 & 3, Block 1.
D. Utilities:
a. Location of sewer: Currently served from mains in W. Pine Avenue
b. Location of water: Currently served from mains in W. Pine Avenue
c. Issues or concerns: None
Rockcreek Apartments RZ-12-003; CUP-12-010 PAGE 2
E. Physical Features:
1. Canals/Ditches Irrigation: NA
2. Hazards: Staff is not aware of any hazards that exist on this site.
3. Flood Plain: This site does not lie within the floodplain or flood way.
VII. COMPREHENSIVE PLAN/ANALYSIS
The Comprehensive Plan Future Land Use Map currently designates the subject property as "High
Density Residential" (HDR). Per the Comprehensive Plan, the purpose of the HDR category is to
allow for the development of multi-family homes in areas where urban services are provided.
Residential densities may exceed fifteen dwelling units per acre. Development might include
duplexes, apartment buildings, townhouses, and other multi-unit structures. A desirable project would
consider the placement of parking areas, fences, berms, and other landscaping features to serve as
buffers between neighboring uses. Developments need to incorporate high quality architectural design
and materials and thoughtful site design to ensure quality of place and should also incorporate
connectivity with adjacent uses and area pathways, attractive landscaping and individual project
identity.
The applicant plans to develop the site with two (2) 4-plea structures containing a total of 8 dwelling
units. The proposed gross density is 13.8 dwelling units per acre consistent with the HDR
designation.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
• "Provide for a wide diversity of housing types (single-family, modular, mobile homes and
multi-family arrangements) and choices between ownership and rental dwelling units for all
income groups in a variety of locations suitable for residential development."
The proposed multi family residential development will contributed to the variety of housing
types available within the City.
• "Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City."
City sewer and water lines are currently installed and are stubbed to the property.
• "Require appropriate landscaping and buffers along transportation corridor (setback,
vegetation, low walls, berms, etc.)
A 25 foot wide landscape buffer already exists along W. Pine Avenue in accord with the
standards listed in UDC Table 11-2A-7 & 11-3B-7.
• "Protect existing residential properties from incompatible land use development on adjacent
parcels."
The proposed residential use of the property should be compatible with existing surrounding
residential and church uses.
• "Require all new and reconstructed parking lots to provide landscaping in internal islands and
along streets."
Landscaping within planter islands in the parking area and the street buffer along Pine
Avenue was previously installed with the development of the Rockcreek apartments to the
south and west of this site.
Rockcreek Apartments RZ-12-003; CUP-12-010 PAGE 3
After considering all of the above factors, staff is of the opinion that the proposed development is
generally consistent with the comprehensive plan.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to
provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan.
Connection to the City of Meridian water and sewer systems is a requirement for all residential
districts. Residential districts are distinguished by the allowable density of dwelling units per acre
and corresponding housing types that can be accommodated within the density range.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-21ists the permitted,
accessory, conditional, and prohibited uses in the R-15 zoning district. The proposed multi-family
development is listed as a conditional use in the R-15 zoning district. The specific use standards
listed in UDC 11-4-3-27 for multi-family developments apply to development of this property.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2A-7 for the R-15
zoning district apply to development of this site.
D. Landscaping Standards (UDC 11-3B): The standards for landscaping contained in UDC 11-3B
apply to development of this site.
E. Common Open Space & Site Amenity Requirements: Common open space and site amenities are
required to be provided on the site in accord with the requirements listed in UDC 11-3G-3; 11-4-
3-27C; andl 1-4-3-27D.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
REZONE (RZ): The applicant proposes to rezone 0.58 of an acre of land from the L-O (Limited
Office) to the R-15 (Medium High Density Residential) zoning district consistent with the
Comprehensive Plan Future Land Use Map designation of High Density Residential for this site.
The applicant has submitted a site plan, included in Exhibit A.2, which depicts how the site is
proposed to develop with amulti-family residential apartment complex consisting of two (2) 2-
story 4-plea structures. Building elevations are included in Exhibit A.4 that depicts how future
structures may be constructed. Ultimately, the final site and building designs must be consistent
with the provisions of the UDC and the guidelines contained in the Meridian Design Manual.
The rezone legal description submitted with the application, included in Exhibit C, shows the
boundaries of the property proposed to be rezoned.
Staff is not recommending a development agreement as a provision of the rezone. Conditions of
approval associated with the CUP are included in Exhibit B.
CONDITIONAL USE PERMIT (CUP): A conditional use permit is requested for amulti-family
development in an R-15 zoning district, in accord with UDC Table 11-2A-2. The proposed multi-
family development consists of two (2) two-story 4-plea structures containing a total of 8
dwelling units.
Specific Use Standards: The specific use standards for multi-family developments listed in UDC
11-4-3-27 apply to development of this site as follows:
A minimum of 80 square feet (s.f.) of private useable open space is required to be
provided for each unit. The floor plan depicts 99-101 sf. patios & balconies for each unit
which satisfies this requirement.
Rockcreek Apartments RZ-12-003; CUP-12-010 PAGE 4
• Because the development has less than 20 units, a property management office,
maintenance storage area, central mailbox location, and directory map is not required.
• At a minimum, 250 s.f. of common open space is required for each unit based on the
square footage of each unit. Therefore a total of 2,000 s.f. of common area is required for
the development. The site plan depicts 2,146 sf. of common area between the structures
and between the two ground floor patios at the rear of the structures that meets the
minimum dimensional standards listed in UDC 11-4-3-27C.2.
• At a minimum, two (2) amenities are required to be provided on the site based on the
total number of units. These amenities are required to be from separate categories as
listed in UDC 11-4-3-27D. The applicant proposes to provide an enclosed bike storage
area as a "quality of life" amenity and a BBQ and picnic area with table(s) as a
"recreation "amenity, in compliance with this requirement.
• The architectural character of the structures shall comply with UDC 11-4-3-27E. The
proposed elevations & building materials comply with this requirement.
• Landscaping is required to comply with UDC 11-4-3-27-F. All street facing elevations
shall have landscaping along their foundation as follows: the landscaped area shall be at
least 3-feet wide and have an evergreen shrub with a minimum mature height of 24
inches for every 3 linear feet of foundation. The remainder of the area shall be landscaped
with ground cover plans. The landscaping shown on the site plan does not comply with
this requirement. The landscape plan submitted with the Certificate of Zoning
Compliance for the structures shall be revised to comply with this requirement.
• The development is required to 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, and other development
features. The applicant shall submit documentation of compliance with this requirement
with submittal of the Certificate of Zoning Compliance.
Note: The management group for this property will be the same as the rest of the apartment
buildings in this complex to the south & west of this site. This development will share the
trash enclosure located on an adjacent property.
Access: Access to this site is provided via W. Pine Avenue and was approved and constructed
with the overall Rock Creek development.
Parking: The UDC (Table 11-3C-6) requires two parking spaces per unit in a covered carport or
garage. The applicant is proposing carports over the parking spaces in accord with UDC
requirements. A bicycle rack is also required that is capable of holding a minimum of one bicycle.
Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-
3B-8C. Each planter island that serves a single row of parking spaces is required to be landscaped
with at least one tree and shall be covered with low shrubs, lawn, or other vegetative
groundcover. The landscape plan submitted with the Certificate of Zoning Compliance
application shall comply with this requirement.
Wheel restraints are required to be provided in the parking stalls to prevent vehicles from
overhanging beyond the designated parking stall dimensions, per UDC 11-3C-SB.
Elevations: The applicant has submitted elevations for the proposed 4-plea structures as well as
the carports. The design standards listed in UDC 11-3A-19 and the guidelines contained in the
Meridian Design Manual apply to these structures.
Rockcreek Apartments RZ-12-003; CUP-12-010 PAGE 5
The carports should be constructed to be compatible with the associated residential buildings (i.e.
similar building and roof forms, architectural elements and details, and materials and colors to
maintain the quality of the architectural character). The proposed carports have a flat roof and
appear to be metal. The carports should be re-designed to have similar roofforms, materials,
colors, and architectural elements as the associated residential structure.
Stairwells in multi-family structures should be integrated with the building design and provide
residents protection from the weather. Multi-family structures are encouraged to use internal
circulation and stairwells to access individual residential units. Staff recommends the applicant
consider redesigning the structures to have an internal stairwell for access to individual units for
aesthetic appeal since these structures front on Pine Avenue and are not internal to the
development.
Certificate of Zoning Compliance: The applicant is required to submit an application for
Certificate of Zoning Compliance for the proposed use and structures prior to establishment of the
new use in accord with UDC 11-SB-1.
Design Review: The applicant is required to submit an application for Design Review concurrent
with the Certificate of Zoning Compliance application in accord with UDC 11-SB-8.
Staff recommends approval of the subject applications with the conditions listed in Exhibit B per
the Findings in Exhibit D.
X. EXHIBITS
A. Drawings
1. Vicinity Map
2. Conceptual Site Plan
3. Conceptual Building Elevation
B. Agency Comments/Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
C. Legal Description and Exhibit Map for Proposed Rezone
D. Required Findings from Unified Development Code
Rockcreek Apartments RZ-12-003; CUP-12-010 PAGE 6
Exhibit A.1: Vicinity Map
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Exhibit A.2: Conceptual Site Plan
Rockcreek Apartments RZ-12-003; CUP-12-010 PAGL 8
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Rockcreck Ap2rtmcnts R/,-12-003; CUP-] 2-010 PALL; 1 l
B. Agency Comments/Conditions
1. PLANNING DEPARTMENT
CONDITIONAL USE PERMIT
1.1 Site Specific Conditions of Approval
1.1.1 Develop-nent of the site shall substantially comply with the site plan and building elevations
included in Exhibit A, the design standards listed in UDC 1 1-3A-19 and the guidelines
contained in the City of Meridian Design Manual.
1.1.2 The developer shall comply with the specific use standards for multi-family developments
listed in UDC 11-4-3-27.
1.1.3 The applicant shall co-lstruct all proposed fencing and/or any fencing required by the UDC,
consistent with the standards as set fo--th in UDC ] 1-3A-7 and 1 1-3A-6B.
l .l .4 The applicant shall provide a minimum of two (2) amenities and 2,000 square feet of
common open space that meets or exceeds the standards set fo--th in UDC 1 1-3G-3. The
applicant stated that a 13BQ and picnic area with tables, and enclosed bike storage world be
provided as amenities, along with the required unzoz+nl of oper7 space to be located between
the strUClures ar~d between the two rear patios.
1.].5 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site.
1.1.6 Landscaping is required to be provided along the foundation of all street facing elevations in
accord with the standards in UDC 1 1-4-3-27-F.
1.1.7 The applicant shall record legally binding documents that state the maintenance and
ownership responsibilities for the management of the development, including, but not li-nited
to, structures, parking, common areas, and other development features. Docwnentation of
compliance with this reguu~en~ent shall be with sz~brnitted with the first Certi~cute of Zoning
Cofnpliance application.
] .1.8 A minimum of two (2) parking spaces are required per Lmit in a covered carport or garage.
Therefore, the applicant shall provide a minimum of sixteen (l6) covered parking spaces on
the site. A bicycle rack is also required that is capable of holding a -niniml-m of one bicycle
(UDC Table 11-3C-6).
1.1.9 Wheel restraints are required to be provided in the parking stalls to prevent vehicles from
ove--hanging beyond the designated parking stall dimensions, per UDC 1 1-3C-SB.
l.l.]0 The carports shall be constructed to be compatible with the associated residential buildings
(i.e. similar building and roof forms, architectural elements and details, and materials and
colors to maintain the quality of the architectural character) in accord with the Meridian
Design Manua] (pg. 135) and UDC ] 1-3A-19.
l.l.l l Multi-family structures are encouraged to use internal circulation and stairwells to access
individual residential units in accord with the Meridian Design Manual (pg. 137).
L2 General Conditions of Approval
1.2.1 Co-nply with all bulk, use, and development standards of the applicable district listed in UDC
Chapter 2 District regulations.
1.2.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as
set forth in UDC l ]-3A-6.
Rockcreek Apartments RZ-12-003; CUP-12-010 PAGL 12
1.2.3 Install lighting consistent with the provisions as set forth in UDC 1 1-3A-11.
1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 1 1-
3A-15, UDC 1 1-3B-6 and MCC 9-1-28.
l .2.5 Comply with the sidewalk standards as set forth in UDC I 1-3A-17.
1.2.6 Install all utilities consistent with the standards as set forth in UDC I 1-3A-21 and 11-3B-SJ.
1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 1 1-3B-
SI, 11-3B-8C, and Chapter 3 Article C.
1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 1 1-
3B-7C (streets).
1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC l 1-
3B-11C.
1.2.10 Protect any existing trees on the subject property that are greater than four-inch caliper and/or
mitigate for the loss of such trees as set forth in UDC 11-3B-10.
l .2.1 I Provide bicycle parking spaces as set forth in UDC l 1-3C-6G consistent with the design
standards as set forth in UDC l 1-3C-SC.
1.2.12 Comply with the outdoor service and equipment area standards as set forth in UDC 1 1-3A-
12.
l .2.13 Construct all required landscape areas used for storm water integration consistent with the
standards as set forth in UDC 1 1-3 B-1 1 C.
1.2.14 Comply with the structure and site design standards, as set forth in UDC 1 1-3A-19 and the
guidelines set forth in the City of Meridian Design Manual.
1.2.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision
triangle.
1.3 Ongoing Conditions of Approval
1.3.1 The conditional use may only be transferred or modified consistent
with the provisions as set forth in UDC 1 1-SB-6G. The applicant
shall contact Planning Department staff regarding any proposed
modification and/or transfer of ownership.
1.3.2 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 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-6F 1 or 2) gain approval of a time extension as set forth in
UDC 11-SB-6F4.
1.43 The applicant shall submit and obtain approval of a Certificate of
Zoning Compliance application and Design Review from the
Rockcreek Apartments RZ-12-003; CUP-12-010 PAGE 13
Planning Department, prior to submittal of building permit
application.
2. PUBLIC WORKS DEPARTMENT
2.1 Public Works has no issues with this application.
3. FIRE DEPARTMENT
3.1 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.
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to the site design submitted with the
application.
5. SANITARY SERVICES
5.1 SSC has no comments related to this application as no trash service is requested on this site.
6. PARKS DEPARTMENT
7.1 The Park's Department did not submit comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 The applicant should be required to replace any deteriorated or deficient sidewalk, curb,
gutter or pedestrian facilities along Pine Avenue abutting the site, consistent with ACHD's
Minor Improvement Policy 7203.3.
Rockcreek Apartments RZ-12-003; CUP-12-010 PAGE l4
C. Legal Description and Exhibit Map for Proposed Rezone
Leal Description
Rockcreek Subdivision, Lots 2 and 3, Block 1
Rezone from LO to R-15
A parcel located in the NE '/+ of the SW '/. of Section 12, Township 3 North, Range 1 West,
Boise Meridian, Ada County, Idaho, said parcel being Lots 2 and 3 of Block 1 of the Amended
Plat of Rockcreek Subdivision as shown in Book 95 of Plats on Page 11582, Records of Ada
County, Idaho, and more particularly described as follows:
BEGINNING at a point marking the northeast corner of said Lot 3;
Thence S 0°32'18" W along the easterly boundary of said Lot 3 a distance of 128.70 feet to a
point marking the southeast corner of said Lot 3;
Thence N 89°27'42" W along the southerly boundary of said Lots 3 and 2 a distance of 195.96
feet to a point marking the southwest corner of said Lot 2;
Thence along the westerly boundary of said Lot 2 the following described courses and
distances:
Thence N 0°32'18" E a distance of 56.55 feet to a point;
Thence N 89°27'42" W a distance of 5.00 feet to a point;
Thence N 0°32'18" E a distance of 72.00 feet to a point marking the northwest comer of
said Lot 2;
Thence S 89°30'16" E along the northerly boundary of said Lots 2 and 3 a distance of 200.96
feet to the POINT OF BEGINNING.
This parcel contains 0.59 acres (25,566 square feet) and is subject to any easements existing or
in use.
Clinton W. Hansen, PLS
Land Solutions, PC
August 23, 2012
REVI ,~ROVAL
BY
OCT 0 1 2012
MERIDIAN PUBLIC
WORKS DEPT.
IL.a;n~+alfu~~~~as
u°° sweprq arw e°n.wei„p
L 2,3 Rockcreek Rezone
Job No. 12-55
Kockcreek Apartments RZ-12-003; CUP-12-010 I'AGG 15
A parcel located in the NE '/. of the SW %. of Section 12, Township 3 North, Range t West.
Boise Meridian, Ada County, Idaho, said paroel being Lots 2 and 3 of Block 1 of the Amended
Plat of Rodccreek Subdivision es shown in Book 95 of Plats on Page 11582, Records of Ada
County, Idaho -
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1~~.,.,t.. _ BY
OCT O 1 2012
MEF~IDIAN PUBLIC
\fJORKS DEPT.
Rockcreek Apartments RZ-12-003; CUP-12-010 PAGC 16
D. Required Findings from Unif;ed Development Code
1. REZONE FINDINGS:
Upon recommendation from the Co-nmission, 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;
Staff finds the proposed rezone to R-15 is consistent with the proposed HDR future la-~d use
designation for this site. Additionally, Staff finds the proposed multi-family development and
R-15 zoning will be compatible with the existing multi-family development, church and
single-family residences adjacent to this site.
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
Staff finds that the proposed R-15 zoning district and uses allowed in that district is consistent
with the purpose statement of the residential district in that it provides for a range of housing
opportunities.
The map amendment shall not be materially detrimental to the public health, safety, and
welfare;
Staff finds that the proposed zoning amendment will not be detrimental to the public health,
safety, or welfare. However, 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,
Staff finds that the proposed zoning amendment will not result in any adverse impact upon
the delivery of services by any political subdivision providing services to this site.
e. The annexation is in the best of interest of the City (UDC 11-SB-3.E).
This finding is not applicable as the applicant is requesting approval of a rezone, not
annexation. However, as noted previously, staff finds the proposed rezone is in the best
interest of the City.
2. CONDITIONAL USE PERMIT:
The Commission and Council shall review the pa--ticular 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.
Staff finds that if the site is designed in accord with the site plan in Exhibit A and the
conditions of approval in Exhibit B, the site will be large enough to accommodate the
proposed use and meet the dimensional and development regulations of the R-15 district
and the multi-family specific use standards.
Rockcreck Apartments RL-12-003; CUP-12-O10 PAGG 17
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan
and in accord with the requirements of this Title.
Staff finds that the proposed multi-family residential use in the R-15 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.
Staff finds that the general design, construction, operation and maintenance of the multi-
family use will be compatible with other residential and church uses in the general
neighborhood and with the existing and intended character of the vicinity as to not
adversely change the character of the area. Staff recommends that the Commission and
Council consider any public testimony that may be presented to determine whether or not
the proposal will adversely affect the other properties in the area.
d. That the proposed use, if it complies with all conditions of the approval imposed,
will not adversely affect other property in the vicinity.
Staff 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.
Staff 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 Department,
Fire Department, Police Department and other agencies.
f. That the proposed use will not create excessive additional costs for public facilities
and services and will not be detrimental to the economic welfare of the community.
Staff 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 firture 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.
Staff 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.
Staff recognizes the fact that traffic and noise will increase with the approval of this
development; however, whenever undeveloped property is developed the amount of
traffic generation does increase.
h. That the proposed use will not result in the destruction, loss or damage of a natural,
scenic or historic feature considered to be of major importance.
Staff 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
Convnission 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.