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PZ Recs/ Staff ReportSTAFF REPORT HEARING DATE: November 19, 2013 E IDIAN~-- TO: Mayor and City Council I D A H O FROM: Bill Parsons, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: RZ-13-011 and CUP-13-011- Crimson Maple I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant has applied for a rezone (RZ) of 1.59 acres from the R-8 zone to the R-15 zone and conditional use permit (CUP) for amulti-family development consisting of twelve (12) residential units. (See Section 9 for further analysis.) II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed RZ and CUP with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. The Meridian Planning and Zoning Commission heard these items on October 17, 2013. At the nublic hearing, the Commission voted to recommend approval of the subiect RZ and CUP rea uests. a. Summary of Commission Public Hearing: i. In favor: Justin Leraris and Todd Campbell ii. In opposition: Wayne Stevens iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Bill Parsons 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 III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve RZ-13-011 and CUP- 13-011, as presented in the staff report for the hearing date of November 19, 2013, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-13-011 and CUP-13-011, as presented during the hearing on November 19, 2013, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Numbers RZ-13-011 and CUP-13-011 to the hearing date of (insert continued Crimson Maple RZ-13-011 and CUP-13-011 PAGE 1 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 on the east side of NW 4`~ Street, north of W. Maple Avenue in the NE '/4 of Section 12, Township 3 North, Range 1 West. (Parcel # S 1212110500) B. Applicant/Owner: Crimson Maple Townhomes, LLC 8312 W. Northview Street, Suite #120 Boise, ID 83704 C. Representative: Justin Leraris, J.J. Howard, LLC 5983 W. State Street, Suite # D Boise, ID 83703 D. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a rezone and a conditional use permit. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: September 30, and October 15, 2013 (Commission); October 28, and November 11, 2013 (Council) C. Radius notices mailed to properties within 300 feet on: September 26, 2013 (Commission); October 24, 2013 (Council) D. Applicant posted notice on site by: September 26, 2013 (Commission); November 1, 2013 Council VI. LAND USE A. Existing Land Use(s): The property is currently vacant and developable. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Single family residence and LDS Church; zoned R-4 South: Western Subdivision, zoned R-4 East: Western Subdivision, zoned R-4 West: Midtown Square Subdivision, zoned R-8 C. History of Previous Actions: In 2007, the property received rezone and preliminary plat approval (RZ-07-001 and PP-07-002) as the Deklan Subdivision. The preliminary plat consisted of six (6) residential lots and two (2) common lots and has expired. D. Utilities: a. Location of sewer: Sanitary sewer intended to serve this parcel is available in NW 4~' Street, directly adjacent to the west. b. Location of water: Domestic water intended to serve this parcel is available in NW 4th Crimson Maple RZ-13-011 and CUP-13-011 PAGE 2 Street, directly adjacent to the west. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: No major facilities 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 "Medium Density Residential" (MDR) on the Comprehensive Plan Future Land Use Map (FLUM). Uses may include single-family homes at densities of 3 to 8 dwelling units to the acre. The applicant is proposing to develop 12 units on the property with a gross density of 7.55 dwelling units to the acre which falls within the target density of the MDR designation. The comprehensive plan allows a step up in residential densities to accommodate the proposed rezone. This property abuts "High Density Residential" (HDR) designated property to south and is surrounded by MDR designated property on the west, east and north boundaries developed with single family homes and a church. The proposed development is designed to emulate a single family development consistent with the surrounding developments. The proposed development is also in close proximity to the Old Town area which encourages denser development within or near the downtown area. 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." (3.07.03B, pg. 56) The proposed development will provide additional housing choices within this area of Meridian which is primarily single family homes. • "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.O1F, pg. 45) City services will be provided and extended with the development of this site. • "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.O1F, pg. 53) The proposed project is designed to emulate a single family development. The applicant is also proposing to construct a mixture of single story units and two-story units along the south boundary and setbacks of the units exceed the requirements of the R-1 S district. • "Encourage infill development in vacant/undeveloped areas within the City over fringe area development to halt the outward progression of urban development.:" (5.01.02B, pg. 69) The proposed development is an infill project consistent with this objective. Crimson Maple RZ-13-011 and CUP-13-011 PAGE 3 • "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 11-3A-19 and the guidelines in the Meridian Design Manual. • Reduce the number of existing access points onto arterial streets by using methods such as cross access agreements, access management and frontage/backage roads (3.03.02N, pg. 48). The proposed development will have a single access to NW 4'h Street, designated a collector street. Internal access will be provided via a 20 foot wide private drive. • "Require usable open space to be incorporated into new residential developments" (3.07.02A, pg. 55). A 4, 634 square foot grassy area is proposed that includes a picnic area, a barbeque area and a community garden for the use of the residents. Fenced yards are also proposed at the rear of each unit. Staff is supportive of the proposed open space and amenities proposed for the development. • Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc." (3.05.0X, pg. 52) Street buffer landscaping is required adjacent to NW 4`h Street in accord with the standards listed in UDC 11-3B-7C. Separate permits shall be obtained for signage and fencing in compliance with the standards listed in UDC 11-3D-S and 11-3A-7 respectively. Based on the above analysis, staff is supportive of the proposed development as it is generally consistent with the comprehensive plan. VIII. UNIFIED DEVELOPMENT CODE A. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the permitted, accessory, conditional, and prohibited uses in the R-15 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 11-4-3-27 for multi-family developments apply to development of this site. B. Dimensional Standards: The dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district apply to development of this site. C. Landscaping Standards: 1. Parking Lot Landscaping: All parking lot landscaping must comply with the standards set forth in UDC 11-3B-8C. 2. A 20-foot wide landscape buffer is required adjacent to NW 4''' Street in accord with UDC Table 11-2A-7. The buffer must comply with the standards set forth in UDC 11-3B-7C. D. 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; at least one in a covered carport or garage. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: REZONE: The applicant is proposing to rezone the property from the R-8 district to the R-15 Crimson Maple RZ-13-011 and CUP-13-011 PAGE 4 district to develop the proposed multi-family development. Although the proposed development has been designed to emulate a single family residential development; amulti-family development under the UDC is defined a development where there are three or more units on the same property. Because the use of the property is defined as amulti-family development and the design is not typical, staff recommends a development agreement to ensure the site develops as represented with this application (see Exhibit B for specific DA provisions). CONDITIONAL USE PERMIT (CUP): A conditional use permit is requested for amulti-family development in the R-1 S zoning district in accord with UDC Table 11-2A-2. The proposed multi- family development consists of eight (8) buildings as follows: a management office, five (5) duplexes and two (2) single units containing a total of twelve (12) dwelling units. All units within the development will be three-bedroom, two bath units ranging in size between 1,500-2100 square feet. As mentioned above the proposed gross density for the development is 7.55 dwelling units to the acre which is consistent with the MDR land use designation. The main access to the development will be provided from NW. 4~` Street and an internal 20-foot wide driveway will provide access to all of the units. Since the parcel and structures are held under single ownership, staff is not requiring cross access with this development. If the property is subdividing in the future, cross access may be required in accord with UDC 11-3A-3. The specific use standards for multi-family developments are contained iri UDC I 1-4-3-27. These standards apply to site design, common open space, site amenities, architectural character, landscaping, and maintenance. The proposed project generally complies with the following standards. a. Setbacks: Buildings shall provide a minimum setback of 10 feet, unless a greater setback is otherwise required by the UDC. (UDC Table I 1-2A-7 requires a rear yard setback of12 feet.) Based on the proposed building orientations all of the buildings comply with the required setbacks of the R-1 S zone and multifamily standards. The applicant shall comply with the setbacks as proposed on the submitted site plan. b. Service areas: On-site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer or utility vaults shall be fully screened from view from any public street. All of the units will be internal to the development and will not be very visible from NW 4`" street. The proposed development is designed to emulate the adjacent single family homes; staff anticipates the use of totes for trash collection. Staff finds the proposed development will comply with this requirement. The applicant should coordinate with Republic Services to ensure the use of totes for trash collection. c. Private, usable open space: A minimum of 80 square feet of private, usable open space is required for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. The proposed patio and enclosed yards range in size between 600 and 700 square feet which exceeds this requirement. d. Developments with 20 units or more shall provide the following: A property management office, a maintenance storage area, a central mailbox location (including provisions for parcel mail), and a directory and map of the development at a convenient location. This requirement of the UDC is not applicable to the proposed development since the applicant is proposing twelve units. The submitted site plan depicts a management office. The applicant should coordinate with the Fire Department on addressing the proposed complex. With the submittal of the first certificate of zoning compliance application, the applicant must provide the addressing plan for the complex. Crimson Maple RZ-13-011 and CUP-13-011 PAGE 5 e. Parking: UDC 11-3C-6A requires off-street vehicle parking to be provided on the site. For 2-3 bedroom units, 2 parking spaces; at least one in a covered carport or garage is required. Based on the unit mix (all 3-bedroom units), a combined total of 24 covered and uncovered parking stalls are required. The applicant is proposing a two car garage and a parking pad for each unit which exceeds the parking requirements fora multi- family development. However, a majority of the proposed parking pads do not meet the parking pad dimensional standards (20 X 20) of the UDC. If the applicant desires to subdivide the property or condo the buildings in the future a 20 X20' parking pad should be provided to comply with UDC standards In addition to the excess parking in front of the units, guest parking is being provided near the entrance of the complex. The guest parking complies with the dimensional standards of the UDC. UDC 11-3C-6G requires one bicycle parking space per every 25 parking spaces. The applicant shall place the required bike rack near the central grassy area and guest parking so the patrons that visit the complex and the kids that play in the park have a place to store their bikes. With the submittal of certificate of zoning compliance application the site plan must incorporate the bike rack and provide specifications of the bike rack. f. Common Open Space Design Requirements: UDC 11-4-3.27C requires a minimum of 350 square feet of outdoor common open space for each unit containing more than 1,200 square feet of living area. (The common open space shall be not less than 400 square feet in area, and shall have a minimum length and width dimension of 20 feet.) The applicant is required to provide 4,200 square feet (350 X 12) of common open space for the development. The submitted landscape plan depicts a 4, 634 square foot open grassy area near the entrance of the facility consistent with this standard. g. Amenities: All multi-family developments shall provide for quality of life, open space and recreation amenities to meet the particular needs of the residents. UDC 11-4-3-27 requires multi-family developments with 20 units or less must provide a minimum of two (2) amenities; one from each of the aforementioned categories. The applicant is proposing the following qualifying amenities: 1) picnic tables and barbeque area. The second amenity is not depicted on the submitted site plan however; the applicant has verbally committed to a community garden as the second amenity. With the submittal of the CZC application the site plan shall depict a community garden as represented to staff. h. Elevations: Elevations are required to meet the architectural standards set forth in UDC 11-4-3-27E. The applicant has provided two elevations to depict the design theme for the development. The proposed buildings provide variations in the roof planes and provide modulation in the facades. All of the structures are proposed to incorporate a mix of building materials to include the following.• stone wainscot, covered entryways, a mixture wood siding materials (board and batten and horizontal lap), decorative trim, belly bands, decorative corbels and architectural shingles (see Exhibit A.4). The applicant has not provided elevations of the management off ce or the single units. The applicant shall construct the management of ice and the single units with the same building materials as represented in Exhibit A.4.The applicant is required to submit CZC and DES applications for all of the structures proposed with the development. Staff is supportive of the proposed building designs and material choices. Crimson Maple RZ-13-011 and CUP-13-011 PAGE 6 i. Landscaping: Staff has reviewed the submitted landscape for compliance with the UDC. The landscape plan, labeled L-1, is approved with the following modifications/notes: • Parking lot landscaping is required must be provided in accord with the standards listed in UDC 11-3B-8C. • The master street map designates NW 4`~ Street as a collector. Provide a 20-foot wide landscape buffer adjacent to NW 4`h Street and landscape the buffer in accord with the standards set forth in UDC 11-3B-7C. NOTE: This will require the loss of a guest parking stall. • With CZC submittal, provide a detail of the proposed fence materials. All fencing proposed for the development must comply with the fence regulations set forth in UDC 11-3A-7. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to certificate of occupancy. All standards of installation shall apply as listed in UDC 11-3B-14. j. Maintenance and Ownership Responsibilities: Per UDC 11-4-3-27G, a legally binding document shall be recorded that states the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features. The applicant must comply with this requirement and a single entity must manage the entire development. Summary: In summary staff finds the proposed project complies with the future land use map, applicable policies of the Comprehensive plan and is conditioned to comply with the applicable development standards in the UDC. Based on the aforementioned analysis, staff recommends approval of the subject application. X. EXHIBITS A. Drawings 1. Vicinity Map 2. Proposed Site Plan (dated: 95,~~3 10/18/13) 3. Proposed Landscape Plan (dated: 08/29/13) 5. Proposed Building Elevations B. Conditions of Approval Planning Division Public Works Department Fire Department Police Department Republic Services Parks Department Ada County Highway District C. Legal Description and Exhibit Map D. Required Findings from Unified Development Code Crimson Maple RZ-13-011 and CUP-13-011 PAGE 7 Exhibit A1: Vicinity Map -_ _-\ \ 20 ~., 424 314 220 104 I i 20-- ,. 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I s ~ i ~_...: I _ : ~ I ' : .. .~ : ~ i ~ ~ W-~ -. I I -_~__ f I w . • ~ .:.-:. T re~.anwe.T ----- ----- ---- ----- g cta4v -__ -- -- Crimson Maplc R7-13-O1 l and CUP-13-O1 l PAGE 9 Exhibit A.3: Proposed Landscape Plan (dated: 08/29/13) ?LA Vi' MATEk11L5 SCHEOt:L[ w....,..._ 5 -_~_____-____-~•r~,__E________ D N ~ ~:~ Q ~6 =?y ~~ ~ ~~ vT La! O S O F- W J Q S p S (! U ~7FLIMIM1ARY LAVUSCA-`E Crimson Maple RZ-13-O1 l and CUP-] 3-01 I PAGE 10 :~,+•~: `~~~ ~ ~rb~.. •a ~~ --. _ ,~. Crimson Maplc R/.-13-011 and CUP-13-O11 PAGE 1 1 Exhibit A.4: Proposed Elevations Crimson Maplc R7_-13-011 and CUP-13-011 PAGL' 12 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 REZONE 1.1.1 A Development Agreement (DA) is required as a provision of the rezone of this property. Prior to the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezone ordinance adoption, and the developer. A certificate of zoning compliance (CZC) will not be issued until the DA is recorded. The applicant shall contact the City Attorney's Office to initiate this process prior to the submittal of a certificate of zoning compliance application. The DA shall be signed by the property owner and returned to the city within two (2) years of the City Council granting the rezone. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk's office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: a. Development of this site shall substantially comply with site plan, landscape plan and building elevations in Exhibit A. b. A maximum of 12 residential units and a management office shall be constructed on the site. 1.2 CONDITIONAL USE PERMIT -Site Specific Conditions of Approval 1.2.1 The site plan, dated 08/29/13, labeled P.lis approved with the following changes: • Provide details of the proposed bike rack with the certificate of zoning compliance submittal. The bike shall be located near the open space and guest parking area. • The applicant shall comply with the building setbacks and building heights (single story and two story locations) depicted on the submitted site plan. • With the submittal of the first certificate of zoning compliance application, the applicant shall provide an addressing plan for the complex. 1.2.2 The landscape plan, dated 08/29/13, labeled L.lis approved with the following changes: • Provide the open space and amenities as proposed on the landscape plan attached in Exhibit A. With the submittal of a certificate of zoning compliance, the applicant shall include a community garden as an amenity. • Construct fencing on the site in accord with UDC 11-3A-7. Provide details of the fencing with a certificate of zoning compliance application. • Construct a 20-foot landscape buffer adjacent to NW 4`h Street in accord with UDC 11- 3B-7C. 1.2.3 The building elevations attached in Exhibit A.4, are approved with the following changes: • The applicant shall construct the management office and the single units with the same building materials as represented in Exhibit A.4. 1.2.4 The developer shall comply with the specific use standards for multi-family developments listed in UDC I 1-4-3-27. 1.2.5 All roof and wall-mounted mechanical, electrical, communications, and service equipment shall be screened from public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means. 1.2.6 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. Crimson Maple RZ-13-011 and CUP-13-011 PAGE 13 1.2.7 Maintenance of all common areas shall be the responsibility of the developer or assigns. Record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including but not limited to structures, parking, common areas, private streets, and other development features. A copy of the recorded document shall be submitted with the first Certificate of Zoning Compliance (CZC). The responsible party shall be a single entity overseeing the entire multi-family development. 1.2.8 Off-street vehicle parking shall be provided on the site in accord with UDC Table 11-3C-6 for multi-family dwellings. 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. 1.2.9 Provide the private, useable open space (patio and enclosed yards), as proposed. 1.2.10 Staffs failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. 1.2.11 The applicant shall comply with the access to street standards in accord with UDC 11-3A-3. 1.3 General Conditions of Approval 1.3.1 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. The outdoor lighting shall have downward shielding on the building and the perimeter lighting shall not impact the surrounding single family residences. 1.3.2 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.3.3 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A- 12. 1.3.4 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. 1.3.5 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 I 1-SB-6F 1 or 2) gain approval of a time extension as set forth in UDC 11-SB-6F4. 1.3.6 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance application and Design Review from the Planning Division, prior to submittal of building permit application. NOTE: A CZC application may include one or more multi-family units on a lot/parcel. 1.3.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-SJ. 1.3.8 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. 2. PUBLIC WORKS DEPARTMENT 2.1 A sanitary sewer main that is intended to provide service to this development exists in NW. 4`~' Street to the west. Per Meridian City Code, the applicant shall install mains to and through this development. Applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of--way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 A domestic water main that is intended to provide service to this development exists in NW. 4`" Street to the west. Per Meridian City Code, the applicant shall install mains to and Crimson Maple RZ-13-011 and CUP-13-011 PAGE 14 through this development. Applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of--way. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall be dedicated using the City of Meridian's standard forms. Applicant shall submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. 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 Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 2.8 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.9 The engineer shall be required to certify that the roadway centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes are at least 1-foot above said groundwater elevation. 2.10 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.11 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant shall be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle- point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of water assessments for the common areas prior to receiving development plan approval. 2.12 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. 2.13 Any existing domestic wells within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8. Contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved liy Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.14 Any existing septic systems within this project shall be removed from service per City Crimson Maple RZ-13-011 and CUP-13-011 PAGE 15 Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.15 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.16 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.17 Street signs are to be in place, water and sanitary sewer systems shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.18 All development improvements, including but not limited to sewer, water, fencing, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.19 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to the issuance of any building permits for any structures to be constructed on the site. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887- 2211. 2.20 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years prior to occupancy of any structures constructed on the site. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 3. FIRE DEPARTMENT 3.1 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and48' outside, per International Fire Code Section 503.2.4. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 '/z" outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 '/z" outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. Crimson Maple RZ-13-O1 l and CUP-13-011 PAGE 16 h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International 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 Commercial and office occupancies will require afire-flow consistent with International Fire Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C. 3.6 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. 3.7 One and two family dwellings not exceeding 3,600 square feet require afire-flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 3.8 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and have a clear driving surface of 20' in width capable of supporting an imposed weight of 75,000 GVW, per International Fire Code Section 503.2. 3.9 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.10 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 3.11 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 3.12 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in International Fire Code Section 505.1. 3.13 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 from the street or road fronting the property, as set forth in International Fire Code Section 505.1. 3.14 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1. 3.15 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141, Section A5.2.18. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to the site design submitted with the application. Crimson Maple RZ-13-011 and CUP-13-011 PAGE 17 5. REPUBLIC SERVICES 5.1 The applicant shall submit a scaled site plan stamped approved by Republic Services verifying compliance with Republic Service's requirements with the CZC application. 6. PARKS DEPARTMENT 6.1 The Parks Department has no concerns related to the site design submitted with the application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Dedicate 30 additional feet ofright-of--way for NW 4th Street from centerline abutting the site, as proposed. 7.1.2 Construct NW 4th Street as a 36 foot collector street section with vertical curb, gutter, and 5 foot wide detached sidewalk, as proposed. 7.1.3 Install "NO PARKING" signs on NW 4th Street. 7.1.4 Locate the private road as proposed, 50 north of the south property line. 7.1.5 Pave the private road entrance its full width of 24 feet and at least 30 feet into the site beyond the edge of pavement of the roadway. 7.1.6 Install street name and stop signs for the private road. 7.1.7 Direct lot access is prohibited to NW 4th Street and shall be noted on the final plat. 7.1.8 Payment of impacts fees are due prior to issuance of a building permit. 7.1.9 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 Any existing irrigation facilities shall be relocated outside of the ACHD right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within the ACRD right-of--way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of--way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACHD Crimson Maple RZ-13-011 and CUP-13-011 PAGE 18 conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACRD Policy and Standard Conditions of Approval in place at that time unless awaiver/variance of the requirements or other legal relief is granted by the ACHD Commission. Crimson Maple RZ-13-011 and CUP-13-011 PAGE 19 C. Legal Description and Exhibit Map Crimson Maple Townhomes Property Description A parcel of land situated in the Northeast Quarter of the Northeast Quarter of Section 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northeast comer of said Northeast Quarter of the Northeast Quarter; thence South 0°20'30" East along the East boundary of said Northeast Quarter of the Northeast Quarter a distance of 695.96 feet (formerty South 695.80 feet of record) to the Northeast comer of Niday's Second Addition, which plat is on file in Book 11 of Plats at Page 594, Records of Ada County, Idaho; thence South 89°49'35" West (formerly North 89°50'00" West of record) along the boundary line common to said Niday's Second Addition, Wilson Addition, which plat is on file in Book 12 of Plats at Page 708, and Westem Subdivision, which plat is on file in Book 24 of Plats and Pages 1498 and 1499, in the office of the recorder of Ada County, Idaho, a distance of 826.00 feet to the true point of beginning; Thence South 0°20'30" East (formerly South of record) along a westerly boundary of said Westem Subdivision, a distance of 194.00 feet to a point on a North boundary of said Westem Subdivision, thence South 89°49'35" West (formerly North 89°50'00' West of record) along a northeriy boundary of said Westem Subdivision a distance of 437.28 feet (formerly 437.00 East of record) to a point on the center line of an extended street known as West Fourth Street; thence North 0°18'15" West (formerly North 0°02'00" West of record) along the extended center line of said West Fourth Street a distance of 80.00 feet; thence North 89°49'35" East parallel with a northerly boundary of said Westem Subdivision, a distance of 137.00 feet; thence North 0°18'15" West parallel with a westerly boundary of said Westem Subdivision a distance of 114.00 feet to a point on the extended most northerly boundary line of said Western Subdivision; thence North 89°49'35" East (forme:rly South 89°50'00° East of record) along the extended most northerly boundary line of said Western Subdivision, a distance of 300.15 feet to the true point of beginning. Said parcel contains 1.59 acres more or less. 5983 W. State St., Ste. D, Boise, ID 83703, (208) 846-8937, FAX (208) 846-8822 Crimson Maple RZ-13-011 and CUP-13-011 PAGE 20 LEGEND ~~-- NO' i8' 15'W 114.00' I i + N89' 49' 35'E 137.OD' t i NO' 18' 15'W 80.00' - - - _ 589' 49' 35~W 437.28' - wlev~ I 0 0 ~ 10 0 2 00 r• • ' ~ T l t"-'i } t------ { ---`---i Feet "~ 1:1200 ~'If i f O F ~~' Q Fs J Nod "t J.J. HOWARD a-~`~~~ ~ . /~ ~ ~ ~ 9~ a ~~ MAPLE TOMRIHOMES +i / ~ ~.. - goo °A~Bf ~ 1X0. iao~~oi BOUNDARY EXN181T FOR REZONE a~~~r.r•/~rrrwa~~wr . - - - BOUNDARY - - ---- CENTERLINE FOUND BRASS CAP CALCULATED POINT FWND ~" RfBAR N69' 19' 35'E 300.15' 1.59 ACRES Ig Ip IR IR I N Crimson Maple RZ-13-011 and CUP-13-011 PAGE 21 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, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The applicant is proposing to rezone 1.59 acres to the R-15 zoning district. The Commission finds that the proposed map amendment is generally consistent with the MDR designation and the applicable provisions of the Comprehensive Plan (see section VII above). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds that the proposed map amendment to the R-15 zoning district is consistent with the purpose statements for residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. The Commission recommends the Council consider any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Commission finds that the proposed zoning 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). The Commission finds annexing this property with an R-15 zoning district is in the best interest of the City if the applicant enters into a development agreement. 2. Conditional Use Permit Findings: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Commission finds that if the site is designed 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 Commission finds that the proposed multi-family residential use in the R-15 zone meets Crimson Maple RZ-13-011 and CUP-13-011 PAGE 22 the objectives of the Comprehensive Plan and the 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 Commission 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 general neighborhood and with the existing and intended character of the vicinity and will not adversely change the character of the area. The Commission recommends that the 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. The Commission finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this staff report and constructs all improvements and operates the use in accordance with the UDC standards. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Commission finds that sanitary sewer, domestic water and irrigation can be made available to the subject property. Please refer to comments prepared by the Public Works 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 Commission 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 and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The Commission finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. The Commission recognizes the fact that traffic and noise will increase with the approval of this development; however, 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 Commission finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. The Commission recommends that the 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. Crimson Maple RZ-13-011 and CUP-13-011 PAGE 23