Rockcreek Apartments RZ-12-003 CUP-12-010CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
~E IDIZ IAN~-
~J
In the Matter of the Request for a Rezone of 0.58 of an Acre from the L-O to the R-15 Zoning
District; and Conditional Use Permit for aMulti-Family Development Consisting of (2) Four-Plex
Structures in a Proposed R-15 Zoning District for Rockcreek Apartments, Located at 1023 & 1025
W. Pine Avenue, by Iron Mountain Real Estate.
Case No(s). RZ-12-003; CUP-12-010
For the City Council Hearing Date of: November 20, 2012 (Findings on December 4, 2012)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of November 20, 2012, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of November 20, 2012, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of November 20,
2012, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of November 20, 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. 11-784 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). RZ-12-003; CUP-I2-OIO
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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 November 20, 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 a Rezone is hereby approved per the attached Staff Report for the
hearing date of November 20, 2012, attached as Exhibit A.
2. The applicant's request for a Conditional Use Permit is hereby conditionally approved per the
attached Staff Report for the hearing date of November 20, 2012, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Two (2) Year Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a maximum
period of two (2) years unless otherwise approved by the City. During this time, the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting, the final plat must be signed by the City
Engineer within this two (2) year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the
use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as
determined and approved by the City Council may be granted. With all extensions, the Director
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title 11(UDC 11-SB-6F).
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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-12-003; CUP-12-010
-2-
F. Attached: Staff Report for the hearing date of November 20, 2012
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-12-003; CUP-12-010
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By action of the City Council at its regular meeting held on the day of
2012.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED
COUNCIL VICE PRESIDENT CHARLIE ROUNTREE VOTED
COUNCIL, MEMBER DAVID ZAREMBA VOTED
COUNCIL MEMBER KEITH BIRD VOTED
MAYOR TAMMY de WEERD VOTED_
(TIE BREAKER)
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Mayor Ta e Weerd
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Attest: Go¢ ?~90
City of
E IDIAN~--
fD1~H0
Jayce olman, City Clerk ~ SEAL w
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Copy served upon Applicant, The Plann nl g Department, Public Works Department and City Attorney.
By: _ _ -----__ _ Dated: ~a
Ci 1 rk Office ~°
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-12-003; CUP-I2-OIO
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STAFF REPORT
HEARING DATE: November 20, 2012 E IDIAN~--
TO: Mayor & City Council 1 p A H 0
FROM: Sonya Wafters, Associate City Planner
208-884-5533
SUBJECT: RZ-12-003; CUP-12-010 -Rockcreek Apartments
I. 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-plex structures (8 dwelling units) in a proposed R-15 district for Rockcreek
Apartments.
IL 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.
The Meridian Planning & Zoning Commission heard these items on October 18, 2012. At the
public hearing, the Commission moved to recommend approval of the subject RZ and CUP
requests.
a. Summary of Commission Public Hearing:
i. In favor: Kent Brown
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Kent Brown
v. Staff presenting application: Sonya Waters
vi. Other staff commenting on application: None
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:
i. None
~_ Summary of Ci Council Public Hearin:
L In favor: Kent Brown
1L In ounosition: None
jjis Commenting: None
lY~ Written testimony: None
y. , taff nresentin,g application: Sonya Waters
Yl. Other staff commenting on apnlication: None
]z, Key Issues of Discussion by Council:
i, None
Rockcreek Apartments RZ-12-003; CUP-12-010 PAGE 1
~_ Ke~~ Council Changes to Staff/Commission Recommendation
it= None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-12-
003 & CUP-12-010, as presented in the staff report for the hearing date of November 20, 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-12-003
& CUP-12-010, as presented during the hearing on November 20, 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
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): October 29, and
November 12, 2012 (City Council)
C. Radius notices mailed to properties within 300 feet on: September 28, 2012 (Commission)s
October 25, 2012 (City Council)
D. Applicant posted notice on site by: October 4, 2012 (Commission); November 9, 2012 (City
Rockcreek Apartments RZ-12-003; CUP-12-010 PAGE 2
Council
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 '/2 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
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
Rockcreek Apartments RZ-12-003; CUP-12-O10 PAGE 3
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 PIDR
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.
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.
Rockcreek Apartments RZ-12-003; CUP-12-010 PAGE 4
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.
• 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 I1-4-3-27C.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.
Rockcreek Apartments RZ-12-003; CUP-12-010 PAGE 5
• 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.
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 fronton Pine Avenue and are not internal to the
development.
Rockcreek Apartments RZ-12-003; CUP-12-010 PAGE 6
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 7
Exhibit A.1: Vicinity Map
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Rockcreek Apartments RZ-12-003; CUP-12-010 PAGE 8
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Rockcreek Apartments RZ-12-003; CUP-12-010 PAGE 13
B. Agency Comments/Conditions
1. PLANNING DEPARTMENT
CONDITIONAL USE PERMIT
1.1 Site Specific Conditions of Approval
1.1.1 Development of the site shall substantially comply with the site plan and building elevations
included in Exhibit A, the design standards listed in UDC 11-3A-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 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.
1.1.4 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 forth in UDC 11-3G-3. The
applicant stated that a BBQ and picnic area with tables, and enclosed bike storage would be
provided as amenities, along with the required amount of open space to be located between
the structures and between the two rear patios.
1.1.5 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 11-4-3-27-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 limited
to, structures, parking, common areas, and other development features. Documentation of
compliance with this requirement shall be with submitted with the first Certificate of Zoning
Compliance application.
1.1.8 A minimum of two (2) parking spaces are required per unit in a covered carport or garage.
Therefore, the applicant shall provide a minimum of sixteen (16) covered parking spaces on
the site. A bicycle rack is also required that is capable of holding a minimum 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
overhanging beyond the designated parking stall dimensions, per UDC 11-3C-SB.
1.1.10 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 Manual (pg. 135) and UDC 11-3A-19.
1.1.11 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).
1.2 General Conditions of Approval
1.2.1 Comply 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 11-3A-6.
Rockcreek Apartments RZ-12-003; CUP-12-010 PAGE 14
1.2.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11.
1.2.4 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.
1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-SJ.
1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3B-
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 11-
3B-7C (streets).
1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-
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.
1.2.11 Provide bicycle parking spaces as set forth in UDC 11-3C-6G consistent with the design
standards as set forth in UDC 11-3C-SC.
1.2.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-
12.
1.2.13 Construct all required landscape areas used for storm water integration consistent with the
standards as set forth in UDC 11-3 B-11 C.
1.2.14 Comply with the structure and site design standards, as set forth in UDC 11-3A-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 11-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-6F1 or 2) gain approval of a time extension as set forth in
UDC 11-SB-6F4.
1.4.3 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 15
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 16
C. Legal Description and Exhibit Map for Proposed Rezone
Leaa__ 1 DescNRt3on
Rockcreek Subdirrtsion, Lots 2 and 3, Block 1
Reaone from LO to R 15
A parcel located in the NE '/+ of the SW Y. of Section 12, Township 3 North, Range 1 West,
Base Meridian, Ada County, Idaho, said parcel being Lots 2 and 3 d Block 1 d the Amended
Plat of Rodccreek Subdivision as shown in Hook 95 of Plats on Page 11582, Records d Ada
County, Idaho, and more particularly desoribed a:follows:
BEGINNING at a point marking the northeast comer d said Lot 3;
Thence S 0°32'16" W along the easterly boundary of said Lot 3 a distance d 128.70 feet to a
point marking the southeast comer of said Lot 3;
Thence N 89°27'42" W along the southerly boundary d said Lots 3 and 2 a distance d 195.96
feet to a point marking the southwest comer d said Lot 2;
Thence along the westerty boundary of said Lot 2 the following described courses and
distances:
Thence N 0'32'18" E a distance d 56.55 feet to a point;
Thence N 69°27'42" W a distance d 5.00 feet to a point;
Thence N 0'32'18' E a distance d 72.00 feet to a point marking the nortFw+rast oomer d
said Lot 2;
Thence S 89.30'16" E abng the northerly boundary of said Lots 2 and 3 a d~tance d 200.86
feet to the POINT OF BEGINNING.
This parcel contains 0.59 acres (25,586 square feet) and is subject M any easements exis~p or
Muse.
Clinton W. Hansen, PLS
Land Sok~tions, PC
August 23, 2012
REVt P ROYAL
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MERIDIAN PUBLIC
WORKS DEPT.
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Rockcreek Apartments RZ-12-003; CUP-12-010 PAGE 17
A ~~ loc~~id in the PiE Y. of the 311V 3~. t>rf S 12. Tom 3 North, Ranps 1 Wsst.
Boist- Idil~idisr-, Adt County, Idaho. std panoN ! l.o1s 2 ind 3 of 1 oi~ tl1r• Amsndsd
Past of Rodcctssk S~b-division as shown in Boaltc 95 tit Piste on Paps 11562, Rec~onfs of Ads
County. Id#~o
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Rockcreek Apartments RZ-12-003; CUP-12-010 PAGE 18
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 City Council finds the proposed rezone to R-15 is consistent with the proposed HDR
future land use designation for this site. Additionally, the City Council 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;
The City Council finds that the proposed R-15 zoning district and uses allowed in that district
is consistent with the purpose statement of the residential district in that it provides for a
range of housing opportunities.
c. The map amendment shall not be materially detrimental to the public health, safety, and
welfare;
The City Council finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare.
d. The map amendment shall not result in an adverse impact upon the delivery of services by
any political subdivision providing public services within the City including, but not limited
to, school districts; and,
The City Council finds that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to this
site.
e. The annexation is in the best of interest of the City (UDC 11-SB-3.E).
This finding is not applicable as the applicant is requesting approval of a rezone, not
annexation. However, as noted previously, the City Council finds the proposed rezone is in
the best interest of the City.
2. CONDITIONAL USE PERMIT:
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 City Council 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.
Rockcreek Apartments RZ-12-003; CUP-12-010 PAGE 19
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan
and in accord with the requirements of this Title.
The City Council 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.
The City Council 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..
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 City Council 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 City Council 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.
The City Council 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 City Council 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 City Council 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.
The City Council finds that the proposed development will not result in the destruction,
loss or damage of any natural feature(s) of major importance.