Regency at River Valley 2 CUP-14-001CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
E IDIAN--�-
IDAHO
In the Matter of the Request for the Request for Conditional Use Permit for a Multi -Family
Development Consisting of Ninety -Six (96) Dwelling Units on 3.52 Acres of Land in a C -G Zoning
District for Regency at River Valley Phase 2, Located on the Southeast Portion of the Property
Located at 2600 N. Eagle Road, by Lars Anderson, Project Engineering Consultants.
Case No(s). CUP -14-001
For the Planning & Zoning Commission Hearing Date of. June 19, 2014 (Findings on July 17, 2014)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of June 19, 2014, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of June 19, 2014, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of June 19, 2014,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of June 19, 2014, 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 Planning & Zoning Commission takes judicial notice of its Unified Development
Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan
of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this decision, which shall be
signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP -14-001
Page 1
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 in the attached staff report for the
hearing date of June 19, 2014, 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 Planning & Zoning Commission's authority as provided in Meridian City Code § 1I -
5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
The applicant's request for conditional use permit is hereby approved in accord with the
conditions of approval in the staff report for the hearing date of June 19, 2014, 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 in accord with UDC 11 -5B -6F.1.
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 in accord with UDC 11 -5B -6F.2.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11 -5B -6.F.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 Commission may be granted. With all extensions, the Director
or Commission may require the conditional use comply with the current provisions of Meridian
City Code Title 11.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a conditional
use permit entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be fled with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff report for the hearing date of June 19, 2014
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP -14-001
Page 2
By action of the Planning & Zoning Commission at its regular meeting held on the
2014.
COMMISSIONER JOE MARSHALL, CHAIRMAN
COMMISSIONER STEVEN YEARSLEY, VICE CHAIRMAN
COMMISSIONER SCOTT FREEMAN
COMMISSIONER MACY MILLER
COMMISSIONER PATRICK OLIVER
Attest:
day of
VOTED QeOL
VOTED
VOTED
VOTED
VOTED b Syl—,T-
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C,e�co'
Jaycee Holman, City Clerk
Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney.
Ci ljrcIY4
Dated: J u L& A. air Ll
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP -14-001
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STAFF REPORT
HEARING DATE
TO:
FROM:
SUBJECT:
EXHIBIT A
June 19, 2014
Planning & Zoning Commission
Sonya Watters, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
CUP -14-001 — Regency at River Valley Phase 2
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
E IDIAN
IDAHO
The applicant, Lars Anderson, Project Engineering Consultants, has applied for a conditional use
permit (CUP) for a multi -family development consisting of 96 dwelling units on 3.52 acres of land in
the C -G zoning district for the second phase of Regency at River Valley, as required by UDC Table
11-2B-2. See Section VIII, Analysis, for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed CUP application with the conditions of approval 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 this item on June 19, 2014. At the
public hearing, the Commission moved to approve the subiect CUP request.
a. Summary of Commission Public Hearing:
i. In favor:
ii. In opposition: None
W. Commenting: None
iv. Written testimony: Randy Rindlisbacher
v. Staff presenting application: Sonya Watters
vi. Other staff commenting on application: None
b. Key Issues of Discussion by Commission:
i. The request for cross -access to be provided at northwest corner of the site.
c. Key Commission Changes to Staff Recommendation:
L Strike condition #1.1.4 which requires a rubber playing surface to be provided for the
play area.
ii. Strike condition #1.2.16 which is not applicable to this development.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number CUP -14-
001 as presented in the staff report for the hearing date of June 19, 2014, with the following
modifications: (Add any proposed modifications.) I further recommend Staff to prepare Findings of
Fact and Conclusions of Law & Order for the hearing date of July 17, 2014.
Denial
After considering all staff, applicant and public testimony, I move to deny File Number CUP -14-001,
as presented during the hearing on June 19, 2014, for the following reasons: (You should state
specific reasons for denial.)
Regency at River Valley 2 CUP -14-001 PAGE 1
EXHIBIT A
Continuance
I move to continue File Number CUP -14-001 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 subject property is located on the southeast portion of the property located at 2600 N. Eagle
Road, east of N. Eagle Road and north of E. River Valley Street, in the northwest'/4 of Section 4,
Township 3 North, Range 1 East.
B. Applicant:
Lars Anderson, Project Engineering Consultants
986 West 9000 South
West Jordan, UT 84088
C. Owner:
Bart Bryson
2600 N. Eagle Road
Meridian, ID 83642
D. Representative:
Same as applicant
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a conditional use permit which requires a public hearing before the
Planning & Zoning Commission, consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: June 2, and 16, 2014
C. Radius notices mailed to properties within 300 feet on: May 22, 2014
D. Applicant posted notice on site by: June 9, 2014
VI. LAND USE
A. Existing Land Use(s): The portion of the site where the multi -family development is proposed is
currently vacant/undeveloped land.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Vacant/undeveloped land, zoned C -G
South: Apartments in the first phase of Regency at River Valley, zoned R-40
East: Single-family residential properties in Redfeather Estates Subdivision, zoned R-4
West: Apartments in the first phase of Regency at River Valley, zoned R-40
C. History of Previous Actions:
1. The subject property was annexed (AZ -03-021) in 2003 as an annexation path for Redfeather
Estates Subdivision to the east. A development agreement (DA) was required as a provision
of annexation, recorded as Instrument No. 104129529.
Regency at River Valley 2 CUP -14-001 PAGE 2
EXHIBIT A
The DA required all future uses on the property to be approved through the conditional use
permit (CUP) process. A conceptual master plan demonstrating interconnectivity, transitional
uses, access points and other key land planning issues is required prior to any detailed CUP
applications being submitted on the Bryson property.
2. A property boundary adjustment (PBA -14-005) application was tentatively approved by the
Planning Division on May 19, 2014. The applicant has one year to complete the tasks listed
in UDC 11-613-8C.2 to obtain final approval of the PBA. The PBA will remove the subject
3.52 acres from the existing 20+ acre parcel and adjust the northern boundary of the parcel to
the south (phase I) to include the subject area.
D. Utilities:
a) Location of sewer: Sanitary sewer intended to serve the subject site exists directly to the
south along the North Slough.
b) Location of water: Water mains intended to serve the subject site exists directly to the south
along the North Slough.
c) Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: The South Slough runs along the southern boundary of this site and
was piped with the first phase of Regency at River Valley.
2. Hazards: Staff is unaware of any hazards that may exist on this site.
3. Flood Plain: This property does not lie within the floodplain or flood way.
VII. COMPREHENSIVE PLAN ANALYSIS
This site 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, and residential dwellings
and public uses near major arterial intersections. The intent is to integrate a variety of uses together,
including residential, and to avoid predominantly single use developments such as a regional retail
center with only restaurants and other commercial uses. Developments should be anchored by uses
that have a regional draw with the appropriate supporting uses. Fox example, an employment center
should have support retail uses; a retail center should have supporting residential uses as well as
support retail uses; a retail center should have supporting residential uses as well as supportive
neighborhood and community services. The standards for the MU -R designation provide an incentive
for larger public and quasi -public uses where they provide a meaningful and appropriate mix to the
developments. The developments are encouraged to be designed according to the conceptual MU -R
plan depicted in Figure 3-5 of the Comprehensive Plan.
This site is proposed to develop with multi -family residential (apartments) uses. The proposed multi-
family development will contributed to the mix of existing retail, employment, and restaurant uses in
the area, consistent with the plan for MU -R designated areas.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
Regency at River Valley 2 CUP -14-001 PAGE 3
EXHIBIT A
• "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 future development of multi family residential dwelling units on this site consisting of 1, 2,
and 3 bedroom units will provide rental options for individuals with varying income levels.
• "Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City." (3.01.01F, pg. 45)
City services will be provided and extended with the development of this site.
• "Require appropriate landscaping and buffers along transportation corridor (setback,
vegetation, low walls, berms, etc.)
A 20 foot wide landscaped street buffer is proposed as required along the future extension of
Records Road, a collector street.
• "Protect existing residential properties from incompatible land use development on adjacent
parcels." (3.06.0117, pg. 53)
The proposed apartments should be compatible with the existing apartments to the south in phase
1 and the existing single-family residential homes to the east. Staff finds that this project acts as a
good buffer between the single-family residential and commercial uses on Eagle Road.
• "Restrict private curb cuts and access points on collectors and arterial streets." (3.06.02D)
The applicant proposes to relocate the existing access point to Records Road in Phase I to Phase
II as shown on the site plan in Exhibit A.2. Only one access via Records Road and one access via
River Valley Street are proposed for this development.
• "Require pedestrian access in all new development to link subdivisions together and promote
neighborhood connectivity." (3.07.02C)
There are no pedestrian connections depicted on the site plan between Phases I and H. Staff
recommends a pathway is provided in a central location to the south to Phase I.
• "Locate high-density development, where possible, near open space corridors or other
permanent major open space and park facilities, Old Town, and near major access thoroughfares."
(3.07.02, pg. 55)
The proposed multi family development is located near Eagle Road (SH 55), a major access
thoroughfare through the city, Kleiner Park, a 60 -acre City park, and The Village at Meridian
shopping center
VIII. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
CONDITIONAL USE PERMIT (CUP): A conditional use permit is requested for a multi -family
development in the C -G zoning district, in accord with UDC Table 11-2B-2.
The development is proposed to consist of three (3) apartment buildings with 32 units each, 4
stories in height, with a combination of (20) 1 -bedroom units; (52) 2 -bedroom units; and (24) 3 -
bedroom units for a total of 96 dwelling units on 3.52 acres of land.
History: Development of this property, which is part of the 20 acre parcel owned by Mr. Bryson
to the north, is governed by a development agreement (DA) (Instrument No. 104129529) that
requires all future uses on the property to be approved through the CUP process. The DA requires
Regency at River Valley 2 CUP -14-001 PAGE 4
EXHIBIT A
a conceptual master plan to be submitted that demonstrates interconnectivity, transitional uses,
access points and other key land planning issues prior to any detailed CUP applications being
submitted. Multi -family residential uses are encouraged where feasible.
Multi family residential uses are proposed on this site as desired. A site plan was submitted with
this application that demonstrates interconnectivity with the first phase of the development to the
south and a driveway at the northwest corner of the site for future connectivity to the north.
Access is depicted via Records Way. A concept plan is not included for the remainder of the site
as the applicant is purchasing the subject property from the property owner to the north and
there is not yet a plan for that area. Staff feels the proposed plan complies with the provisions of
the DA.
Property Boundary Adjustment (PBA): A PBA was recently tentatively approved by the
Director to remove the subject 3.52 acres from the existing 20+ acre parcel and adjust the
northern boundary of the parcel to the south (phase I) to include the subject area.. The applicant
has one year to complete the tasks listed in UDC 11 -6B -8C.2 to obtain final approval of the PBA.
Final approval of the PBA should be obtained prior to submittal of the first Certificate of Zoning
Compliance for this site.
Specific Use Standards: The specific use standards for multi -family developments listed in UDC
11-4-3-27 apply to development of this site as follows:
• A minimum of 80 square feet (s.£) of private useable open space is required to be
provided for each unit. The applicant did not submit floor plans for the proposed
structures demonstrating compliance with the private open space requirement. This
information will be required with the Certificate of Zoning Compliance application.
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 property management and leasing office and maintenance storage
area is provided in Phase I and will be shared with Phase 2. A central mailbox location
and a directory and map should be provided for phase 2. These items should be depicted
on a revised site plan.
• 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; and 350 s.f. of outdoor
common open space is required for each unit containing more than 1,200 s.f. of living
area. All of the proposed units (96) contain between 500 and 1,200 sf of living area.
Therefore, 24,000 sf. (or 0.55 of an acre) of outdoor common open space is required to
be provided for this portion of the development in accord with UDC 11-4-3-27C.
• For multi -family developments with 75 units or more, four (4) amenities are required to
be provided with at least one from each category listed in UDC 11-4-3-27D.1. For multi-
family developments with more than 100 units, the decision making body shall require
additional amenities commensurate to the size of the proposed development. 240 units
were constructed in Phase I and 96 are proposed in Phase II for a total of 336 units in
the overall development. The following amenities were provided in Phase I.• walking
trails; a clubhouse consisting of a leasing office, exercise and fitness room, billiards
table, tanning room, and a lounge area; a swimming/splash pool and spa with 4 gazebos
around the pool area and a large deck area; playground; open grassy area for activities
and games; and a water feature/public art at the entryway. Staff feels the applicant has
provided and is proposing adequate amenities for the development.
Regency at River Valley 2 CUP -14-001 PAGE 5
EXHIBIT A
• The architectural character of the structures shall comply with UDC 11-4-3-27E. The
proposed elevations & building materials of the residential structures comply with this
requirement. The design of all structures on the site 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 the Design Review application(s).
• Landscaping is required to comply with UDC 11-4-3-27-F. All street facing elevations
shall have landscaping along their foundations 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. Landscaping is proposed in accord with this requirement.
• The development is required to record legally binding documents that state the
maintenance and ownership responsibilities for the management of the development,
including, but not limited to, structures, parking, common areas, and other development
features. The applicant shall submit documentation of compliance with this requirement
with submittal of the Certificate of Zoning Compliance.
Dimensional Standards: The proposed development is required to comply with the dimensional
standards of the C -G zoning district listed in UDC Table 11-213-3 and 11-4-3-27. The setbacks for
the C -G district are 0; however, the 20 -foot required street buffer along Records Way will serve
as a setback on the east side of the development. UDC 11-4-3-27 requires a minimum building
setback of 10 feet unless otherwise required. Staff has reviewed the proposed site plan and found
it in compliance with the aforementioned standards.
Access: One access is depicted on the site plan at the east boundary of the site via the future
extension of N. Records Way. Two access points are proposed to the south to the first phase of
the development near the southeast and southwest corners of the site. Staff also recommends
cross -access is provided to the north at the northwest corner of the site.
As part of ACHD's approvals for the Meridian Town Center (aka The Village) project, CenterCal
was required to construct Allys/Records from River Valley Street to its current terminus south of
Ustick Road if ACHD could acquire right-of-way (ROW). ACHD has since acquired the ROW
for the extension and CenterCal is anticipated to begin construction in the fall of 2014. If the
applicant waits for CenterCal to construct Records abutting the site, then the applicant will not be
required to make any street improvements to Records abutting the site. The applicant will be
required to provide an 8 -foot wide landscape buffer and a 5 -foot wide detached concrete sidewalk
located outside of the ROW within a 14 -foot wide easement abutting the site. If the applicant
chooses to extend the road themselves sooner, ACHD requires Records to be constructed as a 46 -
foot wide street section with 3 travel lanes, bike lanes, vertical curb, and gutter on both sides of
the street with an 8 -foot wide landscape buffer and a 5 -foot wide detached sidewalk.
Parking: The UDC requires off-street vehicle parking to be provided on the site in accord with
the standards listed in Table 11-3C-6 for multi -family developments. Based on these standards, a
total of 96 covered and 86 uncovered spaces are required.
Two (2) 6 -bay garage structures are proposed for parking along with 84 additional covered spaces
for a total of 96 covered spaces and 82 open spaces. The proposed site plan complies with UDC
standards for the covered parking but depicts 4 fewer uncovered spaces than required. The
site plan should be revised to comply with this standard; or, if there was parking in excess
of UDC requirements provided in Phase I that the applicant would like to count toward
Phase H, the applicant may submit a request and details for such.
One bicycle parking space is required to be provided for every 25 proposed vehicle spaces per
UDC 11 -3C -6G. Based on a total of 182 required vehicle parking spaces, a minimum of 8 bicycle
Regency at River Valley 2 CUP -14-001 PAGE 6
EXHIBIT A
parking spaces should be provided for the development. There is no bicycle parking facilities
depicted on the site plan. Therefore, Staff recommends that bicycle parking facilities be
provided in accord with UDC requirements.
If wheel stops are not provided in parking stalls to prevent overhang onto an adjacent sidewalk or
landscape area, an additional 2 feet is required to be added to the sidewalk and/or landscaped area
(and the length of the stall may be decreased by 2 feet) to allow for overhang.
Multi -Use Pathway: There is not a multi -use pathway designated on this site in the Master
Pathways Plan. However, a portion of the pathway runs through Phase I and stubs at the north
boundary of Phase I to the west of this site.
Landscaping: A 20 -foot wide landscape street buffer is required along Records Road, a collector
street, in accord with the standards listed in UDC 11 -3B -7C. The street buffer shown on the
landscape plan complies with the required standards.
Sidewalks/Pathways: A minimum five-foot wide detached sidewalk is required to be constructed
along Records Road as shown on the landscape plan in accord with UDC 11-3A-17.
Because most of the amenities for the overall development are located centrally within the
development to the south of this site, staff recommends a minimum of two pathways are provided
to the south for pedestrian connectivity to the large common area and clubhouse/pool.
Fencing: All fencing constructed on the site is required to comply with the standards listed in
UDC 11-3A-7. Six-foot tall vinyl fencing is depicted on the landscape plan along the northern
boundary of the site in accord with UDC standards.
Waterways: The South Slough (aka Finch Lateral) runs along the southern boundary of this site
and was piped with the first phase of this development. There is an existing 80 -foot wide
easement for the South Slough that encroaches on this site. None of the structures are proposed
within the easement area.
Building Elevations: Conceptual elevations were submitted for the multi -family and garage
structures and are included in Exhibit A.4.
Construction materials for the multi -family structures consist of architectural asphalt shingles,
fiber cement board siding/facia/trim, and manufactured stone veneer. Materials for the garage
structures consist of architectural asphalt shingles and fiber cement board siding with pre -finished
metal garage doors.
The proposed structures are consistent in design and building materials with the structures in
phase I to the south. Final design of the multi -family structures will be required to comply with
the design standards listed in UDC 11-3A-19, the guidelines contained in the Design Manual for
residential developments, and the conditions in Exhibit B of this report.
Note: The legend on the plans (#'s 2 and 3) depicts brick veneer and stucco that doesn't appear
to be called out on the elevations; these should be removed from the legend if not applicable.
Common Open Space & Site Amenities: All multi -family developments over 5 acres in size are
required to provide open space & site amenities in accord with the standards listed in UDC 11-
3G-3 in addition to the specific use standards for multi -family developments listed in 11-4-3-27
as noted above. Because the proposed development is the second phase of the existing
development to the south, staff recommends additional open space and site amenities are
provided on this site proportionate with the requirements for the overall development.
A minimum of 10% qualified open space is required to be provided per UDC 11 -3G -3A in accord
with the standards listed in UDC 11 -3G -3B. A minimum of 1.41 acres of qualified open space is
required to be provided within the overall development based on a total of 14.08 acres (10.56
Regency at River Valley 2 CUP -14-001 PAGE 7
EXHIBIT A
acres in Phase I and 3.52 acres in Phase II). A total of 1.91 acres was provided in Phase I which
satisfies this requirement.
A minimum of one qualified site amenity is required to be provided for this development per
UDC 11 -3G -3A.2 in accord with the standards listed in UDC 11 -3G -3C. A playground with
children's play equipment is proposed as a recreational amenity in this phase in compliance with
this requirement.
Staff recommends approval of the proposed CUP with the conditions included in Exhibit A
IX. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Proposed Site Plan
3. Proposed Landscape Plan
4. Proposed Building Elevations
B. Agency & Department Comments/Conditions
C. Required Findings from Unified Development Code
Regency at River Valley 2 CUP -14-001 PAGE 8
EXHIBIT A
Exhibit A.1: Vicinity Map
Regency at River Valley 2 CUP -14-001
PAGE 9
EXHIBIT A
Exhibit A.2: Proposed Site Plan
Regency at River Valley 2 CUP -14-001 PAGE 10
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EXHIBIT A
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EXHIBIT A
B. Agency & Department Comments/Conditions
1. PLANNING DEPARTMENT
1.1 Site Specific Conditions of Approval
1.1.1 Development of the site shall substantially comply with the site and landscape plans in
Exhibits A.2 & A.3 and the concept building elevations included in Exhibit A.4, the
conditions of approval listed herein, the provisions of the development agreement (Instrument
No. 104129529), the design standards listed in UDC 11-3A-19, and the guidelines contained
in the City of Meridian Design Manual
1.1.2 The developer shall comply with the specific use standards for multi -family developments
listed in UDC 11-4-3-27.
1.1.3 Any fencing constructed on the site shall be consistent with the standards as set forth in UDC
11-3A-7 and 11 -3A -6B.
1.1.5 Bicycle parking facilities shall be provided within the development in accord with the
requirements listed in UDC 11 -3C -6G. Such facilities shall be designed and installed in
accord with the standards listed in UDC 11 -3C -5C. A minimum of eight (8) parking spaces
are required to be provided based on a total of 182 required vehicle parking spaces.
1.1.6 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site.
1.1.7 The applicant shall record legally binding documents that state the maintenance and
ownership responsibilities for the management of the development, including, but not limited
to, structures, parking, common areas, and other development features. Documentation of
compliance with this requirement shall be with submitted with the first Certificate of Zoning
Compliance application.
1.1.8 Off-street vehicle parking shall be provided on the site in accord with UDC Table 11-3C-6
for multi -family dwellings. The site plan depicts four (4) fewer stalls than required. The site
plan should be revised to include the additional required stalls; or, if there was parking in
excess of UDC requirements provided in Phase I that the applicant would like to count
toward Phase II, the applicant may submit a request and details for such.
1.1.9 Access to/from the site shall be provided via N. Records Way and E. River Valley Street
through Phase I as shown on the site plan in Exhibit A.2.
1.1.10 A cross -access easement shall be granted to the property to the north at the northwest corner
of the site.
1.1.11 Once the proposed access driveway via N. Records Way is constructed, the existing driveway
access via N. Records Way to the south in Phase I shall be removed.
1.1.12 The site plan submitted with the first Certificate of Zoning Compliance shall include the
following:
a. A central mailbox location (including provisions for parcel mail) that provides safe
pedestrian and/or vehicular access;
b. A directory and map of the development at an entrance or convenient location for those
entering the development.
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EXHIBIT A
c. Depict a minimum of two (2) pedestrian pathways at the south boundary of the site for
pedestrian connectivity to the clubhouse/swimming pool and large common area in Phase I.
d. Wheel stops shall be provided in parking stalls to prevent overhang onto an adjacent
sidewalk or landscape area; or, an additional 2 feet may to be added to the sidewalk and/or
landscaped area (and the length of the stall may be decreased by 2 feet) to allow for
overhang.
1.1.13 A minimum of 24,000 s.f. (or 0.55 of an acre) of outdoor common open space is required to
be provided for this portion of the development in accord with the standards listed in UDC
11-4-3-27C based on ninety-six (96) dwelling units containing between 500 and 1,200 s.f. of
living area.
1.1.15 A playground with play equipment shall be provided on this site in accord with the standards
listed in UDC 11-3G-3.
1.1.16 Floor plans shall be submitted with the Certificate of Zoning Compliance application(s) that
demonstrate compliance with the private useable open space requirements listed in UDC 11-
4-3-27.
1.1.17 Prior to submittal of a Certificate of Zoning Compliance application for this site, it shall be
determined at what time and by who Records Way will be constructed along the frontage of
the subject property.
1.1.18 Final approval of the property boundary adjustment (PBA -14-005) shall be obtained from the
Planning Division prior to submittal of the first Certificate of Zoning Compliance for this site.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC
Chapter 2 District regulations.
1.2.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as
set forth in UDC 11-3A-6.
1.2.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11.
1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-
3A-15, UDC 11-3B-6 and MCC 9-1-28.
1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11 -3B -5J.
1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11 -3B -
5I, 11 -3B -8C, and Chapter 3 Article C.
1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-
3B -7C (streets).
1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 1I -
3B -11C.
1.2.10 Protect any existing trees on the subject property that are greater than four -inch caliper and/or
mitigate for the loss of such trees asset forth in UDC 11-3B-10.
1.2.11 Bicycle parking spaces shall be consistent with the design standards set forth in UDC 11 -3C -
5C.
1.2.12 Comply with the outdoor service and equipment area standards asset forth in UDC 11-3A-
12.
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EXHIBIT A
1.2.13 Construct all required landscape areas used for storm water integration consistent with the
standards as set forth in UDC 11 -3B -11C.
1.2.14 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the
guidelines set forth in the City of Meridian Design Manual.
1.2.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision
triangle.
1.2.16 Genstfuet a berm or- berm and wall eefnbinafien eensistent with the standaMs in UPC 11 314
413:
1.3 Ongoing Conditions of Approval
1.3.1 The conditional use may only be transferred or modified consistent with the provisions as set
forth in UDC 11 -5B -6G. The applicant shall contact Planning Division staff regarding any
proposed modification and/or transfer of ownership.
1.3.2 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of
the area.
1.4 Process Conditions of Approval
1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter
3 Article D and receive approval for such signs.
1.4.2 The conditional use approval shall be null and void if the applicant fails to 1) commence the
use within two years as set forth in UDC 11-5B-6171 or 2) gain approval of a time extension as
set forth in UDC 11-513-6174.
1.4.3 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(s).
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is available via extension of mains from the existing
North Slough Trunk sewer on the south boundary. The applicant shall install mains to and
through this subdivision; 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. 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 Water service to this site is available via extension of mains from the existing main along the
North Slough on the south boundary. The applicant shall be responsible to install water mains to
and through this development, coordinate main size and routing with Public Works.
2.3 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 should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, a single -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 assessments for the common areas prior to
signature on the final plat by the City Engineer.
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EXHIBIT A
2.4 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6.
Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association
(ditch owners), with written approval or non -approval submitted to the Public Works Department.
If lateral users association approval can't be obtained, alternate plans shall be reviewed and
approved by the Meridian City Engineer prior to final plat signature.
2.5 Any existing domestic well system 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 by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.6 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
2.7 Street signs are to be in place, water system shall be approved and activated, fencing installed,
drainage lots constructed, road base approved by the Ada County Highway District prior to
applying for building permits.
2.8 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, etc., prior to signature on the final plat.
2.9 All development improvements, including but not limited to sewer, fencing, micro -paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.10 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.
2.11 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.
2.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.13 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.14 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.15 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.
2.16 The engineer shall be required to certify that the street 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 is at least 1 -foot above.
2.17 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.
2.18 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
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EXHIBIT A
approved prior to the issuance of a certification of occupancy for any structures within the
project.
2.19 100 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. Applicant shall also include the location of any existing street
lights in the development plan set. 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.
2.20 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. 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. POLICE DEPARTMENT
3.1 The Police Department has no comments on this application.
4. FIRE DEPARTMENT
4.1 Any newly installed Fire Department connections for sprinkler or standpipes will require locking
Knox box plugs.
4.2 Based on the size of new construction and the location of the sprinkler room in relation to the address
side of the structure, the AHJ may require separate Knox box locations. One being at the main,
address side entrance and the other at the entrance to the sprinkler riser room.
4.3 One and two family dwellings not exceeding 3,600 square feet require a fire -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.
4.4 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. Fite 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.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
4.5 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.
4.6 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.
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EXHIBIT A
4.7 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International Fire
Code Sections 503.4 & D103.6.
4.8 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
4.9 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.
4.10 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.
4.11 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in International
Fire Code Section 304.3.3.
4.12 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire
Code Section 506. Provide a knox box on the community center.
4.13 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in
International Fire Code Section 505.1. Coordinate with the Fire Department on placement of
address signage on building.
4.14 The applicant shall work with Public Works and Planning Department staff to 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.
4.15 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official as set forth in International Fire
Code Section 507.5.1. For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be
600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183
m).
4.16 There shall be a fire hydrant within 100' of all fire department connections as set forth in local
amendment to the International Fire Code 10-4-2L.
4.17 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets. IFC
102.9
5. REPUBLIC SERVICES
5.1 The applicant should provide a receptacle for recycling on the site.
6. PARKS DEPARTMENT
6.1 The Parks Department had no comments on this application.
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EXHIBIT A
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 Comply with requirements of ITD and City of Meridian for the Eagle Road/SH-55 frontage.
Submit to the District a letter from ITD regarding said requirements prior to District approval of
the final plat or issuance of a building permit (or other required permits), whichever occurs first.
7.1.2 Should the development not move forward Centercal will construct Allys/Records abutting the
site, or construct Allys/Records as a as a 46 -foot street section with 3 travel lanes, bike lanes,
vertical curb, and gutter on both sides of the roadway within the existing 55 -feet of right-of-way.
7.1.3 Provide an 8 -foot landscape buffer and construct a 5 -foot wide detached concrete sidewalk
located outside of the right-of-way within a 14 -foot wide easement along Allys/Records abutting
the site.
7.1.4 Close the existing driveway located 60 -feet south of the site with vertical curb, gutter, and
sidewalk to match the existing improvements on either side, as proposed.
7.1.5 Construct one 28 -foot wide driveway onto Allys/Records aligned centerline to centerline with
Tahiti Drive on the east side of Allys/Records across from the site. Pave the driveway it's full
width at least 30 -feet into the site beyond the edge of pavement of Allys/Records.
7.1.6 Submit the bridge plans for the crossing of the South Slough (Allys Avenue/Records Way) for
review and approval prior to plan approval and signature on the final plat.
7.1.7 Other than access specifically approved with this application direct lot access to Allys/Records is
prohibited.
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 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all
easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way
(including all easements).
7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the
ACHD 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.
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EXHIBIT A
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 ACRD right-of-way. The applicant shall contact ACRD Traffic
Operations 387-6190 in the event any ACHD 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 ACHD
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 ACRD. 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, ACRD 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 ACHD Policy and Standard Conditions of Approval in place at that time
unless a waiver/variance of the requirements or other legal relief is granted by the ACHD
Commission.
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EXHIBIT A
C. Required Findings from Unified Development Code
CONDITIONAL USE PERMIT:
The Commission and Council shall review the particular facts and circumstances of each proposed
conditional use in terms of the following, and may approve a conditional use permit if they shall find
evidence presented at the hearing(s) is adequate to establish:
a. That the site is large enough to accommodate the proposed use and meet all the dimensional
and development regulations in the district in which the use is located.
The 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 C -G 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 C -G 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 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.
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.
E 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 sanitary sewer and water mains into
the site. No additional capital facility costs are expected from the City. The applicant and/or future
property owners will be required to pay impact fees.
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EXHIBIT A
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.