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Gramercy Pride Apartments CUP-13-002 MDA-13-004CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~E IDIAN_-- In the Matter of Conditional Use Permit Consisting of 18-unit Multi-family Development AND Development Agreement Modification to Remove the Approved Elevations from DA Instrument #108022888 for Gramercy Pride Apartments, Located at 2111 and 2283 S. Accolade Avenue, by Sagecrest Development, LLC. Case No(s). CUP-13-002 and MDA-13-004 For the City Council Hearing Date of: May 7, 2013 (Findings on May 22, 2013) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 7, 2013, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 7, 2013, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 7, 2413, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 7, 2013, 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 1 1 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. 1 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 ifthe attached conditions ofapproval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be CI"I~Y OF MF,RIDIAN FINDINGS OF FAC'T', CONCt,USIONS OF LAW AND DF,CISION & ORDFR CASE; NO(S). CIJP-13-002 and MllA-13-004 1- 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 May 7, 2013, 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 § 1 1-5A 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 conditional use permit and development agreement modification is hereby approved per the conditions of approval in the attached Staff Report for the hearing date of May 7, 2013, 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 1 1-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 1 1(UDC 11-5B-6F). Notice of Two (2) Year Development Agreement Duration The amended development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting the modification (UDC 11-SB-3F.2). A moditcation to the development agreement may be 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.3). 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 CI"I~Y OF MF,RIDIAN FINDINGS OF FAC'T', CONCt,USIONS OF LAW AND DF,CISION & ORDFR CASE; NO(S). CIJP-13-002 and MllA-13-004 2- 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. Attached: Staff Report for the hearing date of May 7, 2013 CI"I~Y OF MF,RIDIAN FINDINGS OF FAC'T', CONCLUSIONS OF LAW AND DF,CISION & ORDFR CASE; NO(S). CIJP-13-002 and MllA-13-004 3- By action of the City Council at its regular meeting held on the ~~ day of 2013. --%Y, COUNCIL PRESIDENT BRAD HOAGLUN COUNCIL VICE PRESIDENT CHARLIE ROUNTREE COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Attest: City Clerk VOTED VOTED VOTED VOTED VOTED ~ ltl~f' G~-vi.C.C~/~Q Mayor Tam de Weerd pILO AU~. LS O~ 44 r? L° 9 a ~, 4 ^ City u` Copy served upon Applicant, The ~oaxo SEAL ,A 4 eT ede TAE aSUR Public Works Department and City Attorney. By: Dated: S - a-3 ~ /3 Cle • c' Office CITY OF MERIDIAN FINDINGS OP FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUF-13-002 and MDA-13-004 -4- EXHIBIT A STAFF REPORT HEARING DATE: May 7, 2013 E IDIAN~-- TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner 208-884-5533 SUBJECT: CUP-13-002 and MDA 13-004 -Gramercy Pride Apartments L SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Sagecrest Development, LLC, has applied for a conditional use permit (CUP) for a multi-family development consisting of eighteen (18) dwelling units on two (2) lots (Lot 9 and Lot 26, Block 3 of Gramercy Subdivision No. 1) in the R-15 zoning district. The applicant is also requesting to amend the first addendum to the original development agreement (instrument # 108022888) to remove the elevations approved for these two parcels and include new DA provisions subject to the proposed multi-family development. (See Section 9 for fin~ther analysis.) iI. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CUP and MDA with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report. The Meridian Planning and Zoning Commission heard these items on April 4, 2013. At the public hearing, the Commission moved to recommend approval of the subiect CUP and MDA requests. a. Summary of Commission Public Hearing: i. In favor: Becky McKay ii. In opposition: None iii. Commenting: None iv.Written testimony: Becky McKay, the applicant's representative. v. Staff presenting application: Bill Parsons vi.Other staff commenting on application: None b. Kev Issue(s) of Discussion by Commission: i. Additional screening (fence or landscaping) along the north boundary of Lot 26, Block 3 (southern lotl. ii. The ratio ofmulti-family units to single family homes developing in Gramercy c. Key Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(sl for City Council: i. None The Meridian Citv Council heard these items on Mav 7. 2013. At the public hearina. the Council approved the subiect CUP and MDA reauest. ,~, Summary of Ciri~ Council Public Hearing: s In favor: Becky McKay ii. In opposition: None iii. Commenting: None iv Written testimony: None v_, taff presenting application: Bill Parsons yj,4ther staff commenting on annlication: None Gramercy Pride Apartments CUP-13-002 and MDA-13-004 PAGF, EXHIBIT A ~ Kev Issues of Discussion by Council: i None c. Kev Council Changes to Staff/Commission Recommendation i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers CUP-13- 002 and MDA-13-004, as presented in the staff report for the hearing date of May 7, 2013, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers CUP-13-002 and MDA-13-004, as presented during the hearing on May 7, 2013, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number CUP-13-002 and MDA-13-004 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 21 1 1 and 2283 S. Accolade Avenue(Lot 9 and Lot 26, Block 3 of Gramercy Subdivision No. 1) in the NE '/4 of Section 20, Township 3 North, Range 1 East. (Parcel No.'s 83238510320 and 83238510490) B. Applicant/Owner: Sagecrest Development, LLC 7897 S. Saddlebag Way Nampa, ID 83687 C. Representative: Becky McKay, Engineering Solutions, LLP 1029 N. Rosario Street, Suite # 100 Meridian, ID 83642 D. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject applications are for a conditional use permit and a development agreement modification. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 1 1, Chapter 5. B. Newspaper notifications published on: March 18, and April 1, 2013 (Commission); April 15 and 29, 2013 (Council) C. Radius notices mailed to properties within 300 feet on: March 14, 2013 (Commission); April I1, 2013 (Council) D. Applicant posted notice on site by: March 24, 2013 (Commission); April 27, 2013 (Council) Gramercy Pride Apartments CUP-13-002 and MDA-13-004 PAGF, 2 EXHIBIT A VI. LAND USE A. Existing Land Use(s): The two (2) lots are vacant developable residential lots, zoned R-15 in the recorded Gramercy Subdivision # 1. NOTE: These two lots are not contiguous and are separated by undeveloped single family lots. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Undeveloped commercial property and single family lots, zoned C-G and R-15 South: Undeveloped single-family lots and Gordon Harris Park, zoned R-15 East: Developed and undeveloped single family lots, zoned R-15 West: Rocky Mountain High School, zoned R-4 C. History of Previous Actions: In 2006, the two lots (Lot 9 and Lot 26, Block 3) were created with the approval of the Gramercy Subdivision (FP-06-048). In 2007, the two properties received conditional use permit (CUP-07-018) approval to develop condominiums on the property. In conjunction with the CUP approval, the original development agreement was amended (M1-07- 015) to require compliance with the submitted elevations approved with the CUP. This CUP approval has expired but the addendum to the development agreement was recorded as instrument #108022888. D. Utilities: a. Location of sewer: Sanitary sewer mains and services that are intended to provide service to these parcels were installed in S. Accolade Avenue with the development of Gramercy Subdivision. b. Location of water: Domestic water mains and services that are intended to provide service to these parcels were installed in S. Accolade Avenue with the development of Gramercy Subdivision. c. Issues or concerns: Sanitary sewer and domestic water services exist into these parcels that may not be needed to provide service to tl~e proposed apartments. Applicant will be responsible for the abandonment of any service that is not necessary to provide service. E. Physical Features: 1. Canals/Ditches Irrigation: The Ridenbaugh Canal transverses along the southern boundary of the Gramercy Subdivision but it should not impact the proposed development. 2. Hazards: Staff is not aware of any hazards that exist on this site. 3. Flood Plain: NA VIi. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Mixed-Use Regional" (MU-R) on the Comprehensive Plan Future Land Use Map (FLUM). The purpose of this designation is to provide a mix of employment, retail, residential dwellings and public uses near major arterial intersections. The subject properrties are part of a larger development known as Gramercy which was approved as a mixed use development. Existing uses within the Gramercy development include a college, several restaurants, retail, personal service, a bank, a 48-unit multi-family development, single family homes and a public park. Farther to the east but still within the Gramercy Development is an eleven (11) acre R-40 zoned parcel which is approved fora 276-unit multi-family development. Further, two (2) existing business campuses (El Dorado and Silverstone) are developed in the area. The Gramercy Pride Apartments CUP-13-002 and MDA-13-004 PAGF, 3 EXHIBIT A Comprehensive Plan encourages a mix of housing options to support the commercial and employment centers in the area. Staff is of the opinion the proposed development and existing and planned residential development provides additional housing choices next to places of employment. recreation and education purposes. The MU-R designation anticipates residential development between 6 to 40 dwelling units to the acre. The applicant is proposing to develop two (2) lots with an apartment complex consisting of a total of 18 dwelling units; 10 dwelling units on one (1) parcel and 8 dwelling units on the other. The combined acreage of the properties total 1.38 acres of land. The proposed gross density is thirteen (13) dwelling units per acre. The proposed gross density is less than the maximum density of the MU- R designation and the R-15 coning district. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italic•s): "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." (3.07.03 B, pg. 56) The Gramercy project was em~isiorred for a trait of residential uses. C'zrt~~ently the R-1 ~ portion of the development contains both multi fancily housing crud single family homes. Additional tnzrlti fcrrrily units are also planned for the development and rmrltiple single family lots are vac•arrt. Based on the czar°errt mix of vacant and developed residential properties within the development, albeit more multi family zrnits, staff is of the opitrion the proposed multi fcnnil~~ residential development will conb•ibute to the vcn~iet)~ 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 C ity.'" (3.01.01 F, pg. 45) C'itj~ services were provided to these lots with the approval of Gramercy Szrbdivision No. 1 The developer will be responsible for cornrectirrg the proposed multi family sn~uctures to City services. • "Protect existing residential properties from incompatible land use development on adjacent parcels."' (3.06.01 F, pg. 53) As trcentioned above, the properties received CUP approval for a condominitmt project ~vith similar densities; this is a residential project. The 10-zncit developtnerzt (Lot 9, Block 3) is act acerct to,firture single homes along the south botrndcn°v. To ensure the proposed multi- family development fits in ~a~ith the future single fancily homes, the applicant has designed tlce south end tnrits as single story. Further, the building is oriented away fi°om the street card separated frorrr the single fcnrrily lots (south) by a ~ foot wide Icrrrdsecrpe bzrffer, a drive aisle crud pcn°king area. Orr the submitted site plan this parking area Icas 19 foot long stalls cnzd a 6- footwide sidewalk. If the appliccmtlrrovides a 7 foot wide sidewalk, 17-foot long stall and a 26 foot wide drive aisle, the landscape bzrffer along the sozrth bozmdary could be widened to provide cr greater bz~er tividth between the proposed development acrd thc~ future single family homes. If these changes are made staff is of the opinion the proposed development orr Lot 9, Block 3 tivill be we11-matched with future single fcnnil}~ homes. The 8-unit development (Lot 26, Block 3) is adjacent to the City park cmd existing single farnily homes to the east Vcrc•arrt single farnily lots abut the north botmdary. To mitigate the impacts lvith the adjacent single family homes, the applicant has oriented the building a-vay from the single fcnrrily r•esiderrces and a wider street buffer has been provided ulong S. Gramercy Pride Apartments CUP-13-002 and MDA-13-004 PAGF, 4 EXHIBIT A Accolade Avenue. The firtzn•e single family homes on the north will be separated by cr 1 ~ foot wide landscape buffer-, the drive aisle arld dozrble sided par°kirrg area. Staff is of the opinion the proposed development will be complinlentcrry to the existing and planned single family homes. • "Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood com~ectivity as part of a community pathway system.'" (3.03.03B, pg. 48) As part of the previozrs approvals, amulti-use pathway system was approved and constructed along the Ridenbaugh Canal and extends along the west crud north boundar~~ of the proposed development and corltinzres through the Gramercy development providing internal cornrectivity. The pathway system extends fi•orn S. Eagle Road and links the El Dorado business campus, Gordon Harris Park, Rock} Mountcrirz High School arzd the connnercial activities within the Granrerc}~ developrrrerrt. Staff believes this pathtivay is a valuably amenity ,for the Gramercy development For these reasons, staff is of the opinion the applicant should connect their internal sidewalks (adjacent to the parking stalls) with the acf crcent the sidewalks located orr the west side of S. Accolade Avemre and the 10 foot wide pathways adjacent to the west and north boundary. The other benefrt of this is the applicant ccrrr claim the connectivity as an anrerlity for the proposed nurlti-fcrn~ily development. • "Provide housing options close to employment and shopping centers." (3.07.02D, pg. 55) The proposed development tia~ill provide additional multi family housing options in this area of the Cit_v within close proximity to errlployrnerlt centers, education facilities and shopping C'erl tc r',5'. • "Encourage intill development in vacantlundeveloped areas within the City over fringe area development to halt the outward progression of urban development.:" (5.01.02B, pg. 69) The proposed developnlerlt is an infil/ pr•~ject consistent with t{lis objective. • "Elevate quality of design for houses and apartments; evaluate the need for design review guidelines for single-family homes." (3.07.020, pg. 56) The structures within the proposed development will be subject to the design standards in UDC' I1-3A-19 and the guidelines in the IVfer•idian Design Marrzral. Based vn the above analysis contained in this report, staff is supportive of the prroposed development as it is generally consistent with the comprehensive plan. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: 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: Unified Development Code (UDC) Table 11-2A-2 lists the permitted, accessory, conditional, and prohibited uses in the R-l~ zoning district respectively. The proposed multi-family development is listed as a conditional use in the R-15 zoning district. The specific use standards listed in UDC 1 1-4-3-27 for multi-family developments apply to development of this site. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2A-7 for the R-15 Gramercy Pride Apartments CUP-13-002 and MDA-13-004 PAGF, ~ EXHIBIT A zoning district apply to development of this site. D. Landscaping Standards: 1. Parking Lot Landscaping: All parking lot landscaping must comply with the standards set forth in UDC 11-3B-8C. E. Parking Standards: UDC 11-3C-6A requires off-street vehicle parking to be provided on the site. For one bedroom units, 1.5 vehicle parking spaces are required per dwelling unit; at least one in a covered carport or garage. For 2-3 bedroom units, 2 parking spaces are required per dwelling unit in a covered carport or garage. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Development agreement modification (MDA): The subject properties are governed by a development agreement (DA) and an addendum to that agreement. The previously approved concept plan depicted condominiums on the subject properties and a conditional use permit was later approved for such a use (a co»clor~li»imn developnte»t is revived as nrtrlti farllily develo~me»t). Since the proposed use is consistent with the concept plan, the original DA requires no modification. The previous CUP approval has expired but the elevations approved under the previous CUP were tied to the first addendum of the development agreement. Because the proposed elevations differ from the original ones, the applicant is requesting to modify the recorded addendum. The purpose of the modification is to remove the condo elevations and incorporate new provisions relevant to the proposed development. The recommended DA provisions are attached in Exhibit B. Conditional Use Permit (CUP): The applicant requests conditional use permit approval to construct an eighteen (18) unit multi-family development in the R-15 zoning district. The proposed structures are two-stories (the building on Lot 9, Block 3 steps down to single story on the south end) in height and consist of a 10-plex structure on Lot 9, Block 3 and an 8-plex structure on Lot 26, Block 3 for a total of 18 dwelling units. The proposed project will include eight (8) one-bedroom units, six (6) two-bedroom units and four (4) three-bedroom 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 (staff analysis in italics): • A minimum of 80 square feet (s.f.) of private useable open space is required to be provided for each unit. The proposed building floor plans depict patios in excess of 80 square feet. • Development with 20 units or more are required to provide a property management office, maintenance storage area, central mailbox location (including provisions for parcel mail) that provides safe pedestrian and/or vehicular access, and a directory and map of the development at an entrance or convenient location for those entering the development. The proposed development is less than the 20 units; therefore this requirement is not applicable. • At a minimum, 250 s.f. of outdoor common open space is required for each unit containing more than 500 s.f. and up to 1,200 s.f. of living area. The proposed Gramercy Pride Apartments CUP-13-002 and MDA-13-004 PAGF, EXHIBIT A development is comprised of eight (8) one-bedroom units, six (6) two-bedroom units and four (4) three-bedroom units. Square footages of the proposed units range in size from 788 square feet to 1,188 square feet. Thus, a minimum of 2, 500 square feet of common open space is required for Lot 9, Block 3 and 2, 000 square feet of common open space is required for Lot 26, Block 3. The site plan depicts a combined open space of 16,986 common open space which averages to 514 square feet of open space per unit for Lot 9 and 1,446 square feet of open space per unit for Lot 26. Staff is of the opinion the sites comply with the common open space requirements. Further, the residents will have access to the existing pathway system and neighborhood park which is located south of the proposed developments. For multi-family developments with 20 units or less, two (2) amenities shall be provided with at least one from each category listed in UDC 11-4-3-27D.1. Because this project is infill nature and multiple amenities where provided within the Gramercy project, the applicant is requesting these amenities serve as the required amenities for the development. Amenities within the Gramercy development include several pocket parks/plaza, a pathway network and a portion of the open space was dedicated towards Gordon Harris Park. Staff is amenable to the applicant's request however, since the applicant is requesting that the existing amenities count towards this development, staff recommends the applicant connect the projects' sidewalks within the developments to the adjacent 10-foot pathway on the west and north boundary thereby providing better accessibility to these amenities. Staff recommends that the applicant verify that the subject lots will have rights to access the private pocket parks in Gramercy. The architectural character of the structures shall comply with UDC 11-4-3-27E. The proposed elevations and building materials comply with this requirement. The design of all structures on the sites are subject to the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual and will be reviewed with a Design Review application(s). The applicant is proposing to construct two (2) structures in similar design and building materials. The two (2) structures incorporate a mix of building materials as follows: horizontal lap siding, board and batten siding, stucco, decorative corbels, belly bands and stone wainscot (see Exhibit A. 4). In general staff is supportive of the proposed buildings and has no recommended changes to the structure proposed for Lot 26. However, staff recommends the applicant provide a change of materials and stone wainscot on the bump out of the single story unit on the west elevation of the building (SWC) on Lot 9. These sites will also house several carport structures. A detail of the carports has not been provided. An email from fhe applicant states the carports are to match the design of the building. Staff anticipates a metal carport with a gable roof design and powdered coated to match the color of the buildings. 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 submitted landscape plan appears to comply with this requirement. Verification of compliance will occur during CZC and Design Review approval. Gramercy Pride Apartments CUP-13-002 and MDA-13-004 PAGF, 7 EXHIBIT A 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 (CZC). Access: The two lots take access from S. Accloade Avenue, designated a local street. Presently, there is only one primary access into the residential portion of the Gramercy development; S. Wells Avenue. A large scale multi-family development is approved east of the proposed multi-family development and access is from E. Blue Horizon Drive. With the approval of the large scale multi-family development an emergency access was required to provide a secondary access to the residential portion of the Gramercy development. The access will connect at the terminus of E. Griffon Street. Parking: UDC 11-3C-6A requires off-street vehicle parking to be provided on the site. For one bedroom units, 1.5 vehicle parking spaces are required per dwelling unit; at least one in a covered carport or garage. For 2-3 bedroom traits, 2 parking spaces are required per dwelling unit in a covered carport or garage. Based on the unit mix (eight (8) 1-bedroom units, six(6) 2-bedroom units and four(4) 3-bedroom units), 26 covered parking stalls and 6 uncovered parking stalls are required. }t appears the applicant is proposing to cover every parking stall. NOTE: Staff is irz the process of modifi~ing the parking stcrrrdards for rnzrlti family developments. Staff recorrnrrends the project corrzply with the parking stcrrrdards irz effect at the time of certificate of zoning compliance, which pray nzc~an less covered parking spaces then shown on the site pkrrz. On the submitted site plan, a majority of the internal sidewalks adjacent to the parking stalls are 6 feet in width. The applicant should revise the submitted site plan and increase the width of sidewalks to 7 feet. This revision would eliminate the need for wheel stops and allow the length of the parking stalls to be reduced from 19 feet to 17 feet in accord with UDC 1 1-3C-SB3 and UDC 11-3C-SB.4. Further, the reduced parking stall length would increase the width ofthe perimeter landscaping along the east and south boundary of Lot 9 and the north boundary of Lot 26 and con ply i~~idth the 26 foot wide drive aisle width required by the Fire Depcrrnnent. UDC 11-3C-6G requires one bicycle parking space per every 25 parking spaces. Based on this calculation only two (2) bike parks are required by ordinance; one space per building. On submitted site plan bike parking has not been provided. Because storage space is limited on the site, and there are few on-site amenities, staff is ofthe opinion additional bike stalls should be provided on each site and recommends a ratio of one bike park per unit. The site plcrrz shozrld be revised to include a bike rack near the entrance of each building capable of supporting 8 (Lot 26) and 10 (Lot y) bikes respectively. Landscaping: Staff has reviewed the submitted landscape for conformance with the UDC. The proposed landscape plan substantially complies with ordinance. However, the perimeter landscape buffer on the west boundary of Lot 9 dimensioned 4'4" shall be widened to 5 feet. Other than the aforementioned change, the applicant should substantially comply with the submitted landscape plan. Fencing: No fencing is shown on the plans. Existing wrought fencing is erected along the west boundary of both sites. Staff is recommending the applicant connect the adjacent sidewalks within the proposed developments to the 10-foot wide multi-use pathways constructed along the west and north boundary. Since the fencing predates this development, the applicant must seek permission to connect to the adjacent pathways and modify the fencing. With the submittal of a certificate of zoning compliance application, the applicant must submit written documentation Gramercy Pride Apartments CUP-13-002 and MDA-13-004 PAGF, R EXHIBIT A from the adjacent property owner granting the permission to the aforementioned changes. 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 issuance of building permits in accord with UDC 11-SB-l . 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- 56-8. The proposed site design and structures shall be consistent with the standards listed in UDC 11-3A-19 and the guidelines listed in the Meridian Design Manual. In summary staff finds the proposed project complie applicable policies of the Comprehensive plan and is applicable development standards in the UDC. Based staff recommends approval of the subject application. X. EXHIBITS A. Drawings s with the future land use map, conditioned to comply with the on the aforementioned analysis, 1. Vicinity Map 2. Proposed Site Plan (dated: 02/14/13) (REVISED) 3. Proposed Landscape Plan (dated: 02/20/13) 4. Proposed Building Elevations and Floor Plans (dated: 10/12//2) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Republic Services 6. Parks Department 7. Ada Cotmty Highway District C. Required Findings from Unitied Development Code Gramercy Pride Apartments CUP-13-002 and MDA-13-004 PAGF, 9 EXHIBIT A Exhibit A.1: Vicinity Map Rd f' (' R-~0 Gramercy Pride Apartments CUP-13-002 and MDA-13-004 PAGF, 10 EXHIBIT A Exhibit A.2: Proposed Site Plan {dated: 02/14/13) (REVISED) ~~ 3, 6 t~ i ~+ W~~~ 1 ~~~ j, ~0 by~n w Y~3 p1 A ~£ Marx nocxe e uHts ., anvE rre~ irn a ~nrx n uH~ SITE Gramercy Pride Apartments CUP-13-002 and MDA-13-004 PAGF, 1 EXHIBIT A Exhibit A.3: Proposed Landscape Plan (dated: 02/20/13) ENLARGED LANDSCAPE PLAN LOT ~8 F~-~ ~~ ~L CUPlCZC LAPD9CAPE CAICULAT10N3~ .ca.~ ~ w- ~~ ....~,e~ _ LEC3ENP n~ w~ sw~w .ras ~l ~+~ or.rw y.r.. n 4,v~ Haar ~+Riee~ awae ~.Vm -a om+co- u.r..e~n r.~~sera e ~... ~...eo- B=$ BHELR' LLO PO$ PLANT 9C.BmOI.E. LANDSCAP E NOTBB AND LANDHOAPZ w K ~...e,..wn. e..e.,.„ II7STALLAT ION DETAII S ~r.s. O1 ~ . m~.. . . o o'or w ~waw o neM~ ~s, i occ« • ..,o.~b. ~.. o-. E..,.~ ,~.. w. 7MY/~_ n......~ _ -- f` ~..~.... I -.; ~_, _ n ~.~ ~/ 5 - o V ~~ LOT #26 i , i 4 '° ,~- ~~ ~ _ .~ ENLARGED LANDSCAPE PLAN LOT ^26 ~~Q.ei a wna. v.wf. y w rm~~w nas ro~~~.aw~~.wor ~uo-. ~,~ae w. Gramercy Pride Apartments CUP-13-002 and MDA-13-004 PAGF, 12 EXHIBIT A Exhibit A.4: Proposed Building Elevations & Floor Plans (dated: 10/12/12) _ .... ~ 4ew en~na urns ,~ ae~~~uu ports + -,r maws rnml uxeow[ ~ _ - _____ _ a~ _ ---- __ __- A5.1 t uRrM aEr~Tn~ 2 ~>K UPM110N 3woixntnrloa _ 4rinanma a,.om r. axruroru __.. .~-..~ EliFlldl H~pl ldMDYIE ~~~~~ ~.. ~~~- .. ?.S iY~ _- 1.. A5.0 Gramercy Pride Apartments CUP-13-002 and MDA-13-004 PAGF, 13 TAB Ih; laNlf(ISU11M1' EXHIBIT A ~ rllnr noon rFAX etW z SECOeO FlOdl PIAY elna ' /Olif 80011 -IAII OlK 1 I~FCOIID FL000 iMA.) TAB iiu AKNITKITu~r Kt,. ORAMFIICT r010E AP~RTMFMie MR~ClMi 0A40 A2.1 TAB i nI lA(MIiK1Su~ I F l OIMIEOCT rIMOE >v11m1FMn A•0 ms* ncaH ~++r Gramercy Pride Apartments CUP-13-002 and MDA-13-004 PAGF, 14 EXHIBIT A B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 Development agreement modifcation l .l . l The development agreement (DA) shall be signed by the property owner and returned to the City within two years ofthe City Council granting approval. The amended DA shall include the following provisions: DA Instrument #108022888 -Modify provision 4.6: strike through multi-family buildings and the reference to file CUP-07-018. Add the following provision -Development ofthese sites (Lot 9 and Lot 26, Block 3) shall substantially comply with the site plan, landscape plan and building elevations submitted with CUP-13-002. 1.2 Conditional Use Permit -Site Specific Conditions of Approval 1.2.1 The site plan prepared by Engineering Solutions, dated 02/14/13, labeled "Site'" is approved with the following changes: A bike rack(s) shall be located near the entrance of each building capable of parking at least eight (8) bikes on Lot 26, and 10 bikes on Lot 9. Revise the submitted site plan and increase the width of the internal sidewalks to 7 feet. This revision eliminates the need for wheel stops and allows the length of the parking stalls to be reduced from 19 feet to 17 feet in accord with UDC 11-3C-SB.3 and UDC 11-3C-SB.4. Further, the reduced parking stall length would increase the width of the perimeter landscaping along the east and south boundary of Lot 9 and the north boundary of Lot 26 and comply width the 26-foot wide drive aisle width required by the Fire Department. The applicant shall connect the adjacent sidewalks within the proposed developments to the 10-foot wide multi-use pathways constructed along the west and north boundary. The applicant must seek permission to connect to the adjacent pathways and modify the ea:isting wrought iron fence. With the submittal ofa certificate of zoning compliance application, the applicant must submit written documentation from the adjacent property owner granting the permission to aforementioned changes. y The trash enclosures locations are not approved on the submitted site plan. The trash enclosure locations must be approved by Republic Services prior to certificate of zoning compliance submittal. 1.2.2 The landscape plan prepared by South Architecture, dated 02/20113, labeled L2.0 is approved with the following changes: The perimeter landscape buffer on the west boundary of Lot 9 dimensioned 4'4'" shall be widened to 5 feet. The landscape plan shall be revised in accord with the changes noted in condition 1.2.1 above. 1.2.3 The building elevations prepared by The Architects Office, dated 10/12/12, labeled A5.0 and A5.1 is approved with the following changes: The applicant shall provide a change of materials and stone wainscot on the bump out of the single story unit on the west elevation of the building (SWC) on Lot 9. 1.2.4 The developer shall comply with the specific use standards for multi-family developments Gramercy Pride Apartments CUP-13-002 and MDA-13-004 PAGF, 1 ~ EXHIBIT A listed in UDC 11-4-3-27. 1.2.5 Any fencing constructed on the site shall be consistent with the standards as set forth in UDC 11-3A-7 and 1 1-3A-6B. 1.2.6 The amenities constructed within the Gramercy development will serve as the approved amenities for this development; provide documentation that the private amenities in Gramercy will be made available to the subject lots. 1.2.7 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 1.2.8 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. 1.2.9 Off-street vehicle parking shall be provided on the site in accord with UDC Table 11- 3C-6 for multi-family dwellings in effect at the time of certificate of zoning compliance submittal. Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3B-51, 11-3B-8C, and Chapter 3 Article C. 1.2.10 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. 1.2.11 Provide a combined total of 16,986 square feet of common open space as proposed. 1.2.12 Landscaping along the foundation of the buildings shall comply with UDC I l -4-3-27-F. 1.3 General Conditions of Approval 1.3.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 1.3.2 Install lighting consistent with the provisions as set forth in UDC 1 1-3A-1 1. The outdoor lighting shall have downward shielding on the building and the perimeter lighting shall not impact the surrounding single family residences. 1.3.3 Provide a pressurised irrigation system consistent with the standards as set forth in UDC 11- 3A-15, UDC 11-3B-6 and MCC 9-1-28. 1.3.4 Comply with the sidewalk standards as set forth in UDC 1 1-3A-17. 1.3.5 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-SJ. 1.3.6 Comply with the outdoor service and equipment area standards as set forth in UDC 1 1-3A- 12. All HVAC equipment shall be screened from the street and the adjacent pathways. 1.3.7 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. 1.3.8 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 1 1-SB-6F4. 1.3.9 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance application and Design Review from the Planning Department, prior to submittal of building permit application. Gramercy Pride Apartments CUP-13-002 and MDA-13-004 PAGF, 1( EXHIBIT A 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is available via existing mains and services in S. Accolade Avenue. Sanitary sewer services exist into these parcels that may not be needed to provide service to the proposed apartments. Applicant will be responsible for the abandonment of any service that is not necessary to provide service. 2.2 Water service to this site is being proposed via connections to the existing mains and services in S. Accolade Avenue. Domestic water services exist into these parcels that may not be needed to provide service to the proposed apartments. Appl icant will be responsible for the abandonment of any service that is not necessary to provide service. 2.3 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants), or 30-foot easement if sanitary sewer and water parallel one another. The easements shall be dedicated using the City of Meridian's standard forms. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 1 1'" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. 2.4 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.5 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.6 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.7 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.8 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.9 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.10 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of 1Vleridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 3. FIRE DEPARTMENT 3.1 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. 3.2 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 3.3 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in lnternational Fire Code Section 304.1.2. 3.4 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1. 3.5 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in Inten~ational Fire Code Section 304.3.3. Gramercy Pride Apartments CUP-13-002 and MDA-13-004 PAGF, 17 EXHIBIT A 3.6 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in International Fire Code Section 505.1. 3.7 The applicant shall work with Public Works and Planning Department staffto provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible fi•om the street or road fronting the property, as set forth in International Fire Code Section 505.1. 3.8 There shall be a fire hydrant within 100' of all fire department connections as set forth in local amendment to the International Fire Code 10-4-2L. 3.9 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets. IFC 102.9 3.10 Buildings over 30' in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. 3.1 1 All R-2 occupancies with 3 or more units shall be required to be fire sprinkled as set forth in International Fire Code Section 903.2.8. 3.12 All drive aisles are required to be a minimum of 26 feet in width for aerial access; the site plan depicts 25 feet. The applicant shall revise the site plan accordingly. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to the site designs submitted with the application. 5. REPUBLIC SERVICES 5.1 Please contact Bob Olson at Republic Services (345-1260 for detailed review of your proposal prior to the public hearing. There is a concern that the required modifications may significantly impact your site design and may require a revised site plan. If the site plan needs to be revised, contact the planner assigned to the project immediately to discuss the changes and how to proceed with the revised site plan. 6. PARKS DEPARTMENT 6.1 The Parks Department supports the Planning Department's condition for connecting the internal sidewalks with the adjacent 10-foot pathways. 7. ADA COUNTY HIGHWAY DISTRICT The City hcrs not yet received a report from ACHD ors this a~~1ic•ation. Gramercy Pride Apartments CUP-13-002 and MDA-13-004 PAGF, 18 EXHIBIT A C. Required Findings from Unified Development Code 1. Conditional Use Permit: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms ofthe 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 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 zoning district and the multi-family specific use standards. b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Council finds that the proposed multi-family residential use in the R-15 zone meets the objectives of the Comprehensive Plan and UDC. 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 Council finds that the general design, construction, operation and maintenance of the multi-family use will be compatible with other residential and commercial uses in the area and will not adversely change the character of the area. The Council considered all public testimony 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. The 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 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 Council finds that the applicant will pay to extend the City utilities 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 Gramercy Pride Apartments CUP-13-002 and MDA-13-004 PAGF, 19 EXHIBIT A 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 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 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 increases. 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 Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. The Council referenced all public testimony that was presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which the Commission and Staff are unaware.